# Oneida Business Committee (2026)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Acbd096c1f1e527ec

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
April 15, 2026
9:00 a.m.

I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved
1. March 18, 2026 LOC Meeting Minutes (pg. 2)

III.

Current Business
1. Budget and Finances Law Amendments (pg. 4)
2. Recycling and Solid Waste Disposal Law Amendments (pg. 53)
3. Emergency Probate Law (pg. 98)
4. Real Property Law Amendments (pg. 126)
5. Higher Education Scholarship Law (pg. 174)
6. Boards, Committees, and Commissions Law Amendments (pg. 206)

IV.

New Submissions
1. Attendance and Performance Duties for Elected Officials Emergency Amendments (pg. 265)

V.

Additions
1. Sanctions and Penalties Law (pg. 269)

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
March 18, 2026
9:00 a.m.
Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen (Microsoft Teams)
Excused: Jonas Hill
Unexcused: Marlon Skenandore
Others Present: Grace Elliott, Carolyn Salutz, Isiah Skenandore
Others Present on Microsoft Teams: Rae Skenandore, Ashley Blaker, Rhiannon Metoxen,
Clorissa Leeman, Kaylynn Beily, Kristal Hill, Tavia James-Charles, Fawn Cottrell, Peggy HelmQuest, Melissa Alvarado, Ralinda Ninham-Lambries, Sheila Huntington, Eric Boulanger, Jason
Martinez, Carrie Lindsey, Sarah White, David Jordan, Chad Fuss, Tina Jorgensen, Justine Huff,
Fawn Cottrell, Katsitsiyo Danforth, Joel Maxam, Michelle Tipple, Jesse Kujawa, Ronald Van
Schyndel.
I.

Call to Order and Approval of the Agenda
Jameson Wilson called the March 18, 2026, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Jennifer Webster to adopt the agenda; seconded by Kirby Metoxen. Motion
carried unanimously.

II.

Minutes to be Approved
1. March 04, 2026 LOC Meeting Minutes
Motion by Jennifer Webster to approve the March 04, 2026, LOC meeting minutes and
forward to the Oneida Business Committee; seconded by Kirby Metoxen. Motion carried
unanimously.

III.

Current Business
1. Code of Ethics Amendments.
Motion by Jennifer Webster to approve the Code of Ethics law amendments draft, legislative analysis and the public meeting packet for the Code of Ethics law amendments and
schedule a public meeting to be held on May 14, 2026; seconded by Kirby Metoxen. Motion carried unanimously.
2. Pardon and Forgiveness Amendments.
Motion by Jennifer Webster to approve the Pardon and Forgiveness law amendments draft,
legislative analysis and the public meeting packet for the Pardon and Forgiveness law
amendments and schedule a public meeting to be held on May 14, 2026; seconded by Kirby
Metoxen. Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of March 18, 2026
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3. Recycling and Solid Waste Disposal Amendments.
Motion by Jennifer Webster to approve the Recycling and Solid Waste Disposal law
amendments, updated public comment review memorandum, legislative analysis, and
draft; seconded by Kirby Metoxen. Motion carried unanimously.
Motion by Jennifer Webster to approve the fiscal impact statement request memorandum,
and forward to the Finance Department directing that a fiscal impact statement be prepared
and submitted to the LOC by April 1, 2026; seconded by Kirby Metoxen. Motion carried
unanimously.
4. Budget and Finances Law Amendments.
Motion by Jennifer Webster to approve the Budget and Finances law amendments updated
public comment review memorandum, legislative analysis, and draft; seconded by Kirby
Metoxen. Motion carried unanimously.
Motion by Jennifer Webster to approve the fiscal impact statement request memorandum,
and forward to the Finance Department directing that a fiscal impact statement be prepared
and submitted to the LOC by April 9, 2026; seconded by Kirby Metoxen. Motion carried
unanimously.
5. Boards, Committees, and Commissions Law.
Motion by Jennifer Webster to approve the draft of the proposed amendments to the
Boards, Committees, and Commissions law and direct that a legislative analysis be developed; seconded by Kirby Metoxen. Motion carried unanimously.
IV.

New Submissions

V.

Additions

VI.

Administrative Updates
1. Certification of Leasing Law Rule No. 2 – Agricultural Leasing Amendments.
Motion by Jennifer Webster to certify the amendments to the Leasing Law Rule No. 2 –
Agricultural Leasing and forward to the Oneida Business Committee for consideration;
seconded by Kirby Metoxen. Motion Carried unanimously.

VII.

Executive Session

VIII. Adjourn
Motion by Jennifer Webster to adjourn at 10:09 a.m.; seconded by Kirby Metoxen. Motion
carried unanimously.

Legislative Operating Committee Meeting Minutes of March 18, 2026
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Oneida Nation

Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

Legislative Operating Committee
April 15, 2026

Budget and Finances Law
Amendments

Submission Date: 3/6/24
LOC Sponsor: Jennifer Webster

Public Meeting: 2/12/26
Emergency Enacted: N/A

Summary: This item was added to the Active Files List on March 6, 2024. Resolution BC-05-11-22B, Amendments to the Budget Management and Control Law, included a directive that the Legislative
Reference Office collaborate with the Nation’s Treasurer and Chief Financial Officer to conduct a one
(1) year review of the Budget and Finances law and provide the Oneida Business Committee a report on
the use and implementation of the Law. The Legislative Reference Office and Legislative Operating
Committee met with the Nation’s Treasurer and Chief Financial Officer on February 7, 2024, to review
and discuss how the implementation and utilization of the Budget and Finance law has fared since the
most recent amendments were adopted in May of 2022. Through the discussions with the Nation’s
Treasurer and Chief Financial Officer it was determined that there are potential amendments to the
Budget and Finances law that would be beneficial to the Nation to make. The Nation’s Treasurer and
Chief Financial Officer recommended that the Legislative Operating Committee consider adding the
Budget and Finances law to its Active Files List for amendments to be made.
3/6/24 LOC:

Motion by Jonas Hill to add Budget and Finances law amendments to the Active Files List
with Jennifer Webster as the sponsor; seconded by Jennifer Webster. Motion carried
unanimously.

3/20/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon Skenandore,
Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal Hill, Maureen Perkins. The purpose of
this work session was for the LOC to discuss and determine a priority for this legislative item.

7/2/25 LOC:

Motion by Jennifer Webster to accept the request for amendments to the Budget and Finances
law as information, noting the Budget and Finances law is already on the Active Files List for
amendments; seconded by Marlon Skenandore. Motion carried unanimously.

7/21/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Jonas Hill,
Clorissa Leeman, Lawrence Barton, Ralinda Ninham-Lamberies, Melissa Alvarado, Fawn
Billie, Fawn Cottrell, Kristal Hill. The purpose of this work meeting was to review and discuss
potential amendments to the law.

8/18/25:

Work Meeting. Present: Jonas Hill, Jameson Wilson, Clorissa Leeman, Lawrence Barton,
Ralinda Ninham-Lamberies, Melissa Alvarado, Kristal Hill, Fawn Cottrell, Rhiannon
Metoxen. The purpose of this work meeting was to continue the review and discussion of
potential amendments to this law.

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10/3/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Clorissa Leeman,
Lawrence Barton, Ralinda Ninham-Lamberies, Melissa Alvarado, Fawn Billie, Fawn Cottrell.
The purpose of this work meeting was to review the updated draft of amendments to the law.

10/15/25 LOC: Motion by Jennifer Webster to approve the draft of the proposed amendments to the Budget
and Finances law; seconded by Kirby Metoxen. Motion carried unanimously.
11/5/25 LOC: Motion by Jonas Hill to approve the updated draft and legislative analysis of the proposed
amendments to the Budget and Finances law; seconded by Kirby Metoxen. Motion carried
unanimously.
12/17/25 LOC: Motion by Jonas Hill to approve the public meeting packet and schedule a public meeting for
the proposed Budget and Finances Law Amendments to be held on February 12, 2026;
seconded by Marlon Skenandore. Motion carried unanimously.
2/12/26:

Public Meeting Held. Present: Jennifer Webster, Nancy Barton, Cathy Metoxen. Present on
Microsoft Teams: Ashley Wright, Ashley Blaker, Brooke Doxtator, Carrie Lindsey, Chad
Fuss, Dana Thyssen, Danielle White, David Jordan, Debra Santiago, Debra Powless, Derrick
King, Eliza Skenandore, Eric Bristol, Eric Krawczyk, Eric McLester, Gregory Matson,
Heather Jordan, Hudson Denny, James Petitjean, James Snitgen, Jason Martinez, Jeremy
King, John Danforth, John Christjohn Jr, Joshua Cornelius, Krystal John, Leslie Lamberies,
Luke Schwab, Mae Cornelius, Mark Powless, Mary Graves, Melissa Alvarado, Michelle
Miller, Michelle Tipple, Nicholas Anderson, Ronal Van Schyndel, Sarah Miller, Sarah White,
Shannon Stone, Sidney White, Tanya Danforth, Thurston Denny, Tonya Webster, Troy Parr,
James Sommerfeldt, Jason Doxtator, Kimberly Skenandore Goodrich, Tina Jorgensen,
Bridget John, Courtney Georgia, Diana Hernandez, Eric Boulanger, Jamie Willis, Jennifer
Berg, Lisa Liggins, Lorna Skenandore, Mercie Danforth, Nicholas Reynolds, Paul Witek,
Shannon Davis, Whitney Wheelock, Clorissa Leeman, Carolyn Salutz. One (1) individual
provided oral comments during the public meeting.

2/19/26:

Public Comment Period Closed. One (1) individual provided written comments during the
public comment period.

3/4/26 LOC:

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 Jonas Hill.
Motion carried unanimously.

3/4/26:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby Metoxen,
Clorissa Leeman, Fawn Cottrell, Kristal Hill, Rhiannon Metoxen, Carolyn Salutz, Grace
Elliott. The purpose of this work meeting was to review and consider the public comments
received.

3/12/26:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Clorissa Leeman, Ralinda
Ninham-Lamberies, Kristal Hill, Fawn Cottrell, Grace Elliott, Carolyn Salutz. The purpose of
this work meeting was to further consider the public comment regarding unspent capital
improvement funds.

3/18/26 LOC: Motion by Jennifer Webster to approve the Budget and Finances law amendments up-dated
public comment review memorandum, legislative analysis, and draft; seconded by Kirby
Metoxen. Motion carried unanimously.

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Motion by Jennifer Webster to approve the fiscal impact statement request memorandum, and
forward to the Finance Department directing that a fiscal impact statement be prepared and
submitted to the LOC by April 9, 2026; seconded by Kirby Metoxen. Motion carried
unanimously.

Next Steps:
 Approve the adoption packet for the proposed amendments to the Budget and Finances law
and forward to the Oneida Business Committee for consideration.

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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

TO:
FROM:
DATE:
RE:

Oneida Business Committee
Jameson Wilson, LOC Chairperson
April 15, 2025
Adoption of Amendments to the Budget and Finances Law

Please find the following attached backup documentation for your consideration of the adoption
of amendments to the Budget and Finances Law:
1.
2.
3.
4.
5.
6.

Resolution: Amendments to the Budget and Finances Law
Statement of Effect: Amendments to the Budget and Finances Law
Budget and Finances Law Amendments Legislative Analysis
Budget and Finances Law Amendments Draft (Redline)
Budget and Finances Law Amendments Draft (Clean)
Budget and Finances Law Amendments Fiscal Impact Statement

Overview
The purpose of the Budget and Finances law is to set forth the requirements to be followed by the
Oneida Business Committee and the Oneida fund units when preparing the budget to be presented
to the General Tribal Council for approval, and to establish financial policies and procedures for
the Nation. [1 O.C. 121.1-1]. Amendments to the Budget and Finances law are being sought to:
Amend the definitions for capital expenditures, capital improvements, and enterprise. [1
O.C.121.3-1];
▪ Remove the requirement that the Oneida Business Committee develop priorities, a strategic
plan, or broad goals to assist in guiding the budget. [1 O.C.121.4-1];
▪ Remove the requirement that the Chief Financial Officer ensure the Nation’s budget is
properly implemented, and instead require that the Chief Financial Officer report to the
Oneida Business Committee and/or Executive Managers any expenditures that do not
follow budget guidelines or conform to the budget. [1 O.C.121.4-3(a)];
▪ Require that the Chief Financial Officer assist with the submission and presentation of the
Treasurer’s report to the Oneida Business Committee, which shall specifically include any
monthly variances that are one hundred thousand dollars ($100,000) or more in total
instead of a difference of three percent (3%) or more from the adopted annual budget or
fifty thousand dollars ($50,000) or more in total. [1 O.C.121.4-3(c)];
▪ Require the Chief Financial Officer to inform the Oneida Business Committee of any
Executive Managers and/or fund unit which does not follow the budget development
process guidelines or deadlines as set forth by the Treasurer. [1 O.C.121.4-3(f)];
▪ Require managers to report to the CFO and their relevant Executive Manager explanations
and corrective actions for any monthly variance that is one hundred thousand dollars
($100,000) or more in total instead of a difference of three percent (3%) or more from the
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adopted annual budget or fifty thousand dollars ($50,000) or more in total. [1 O.C.121.44(b)];
Eliminate that the contents of the budget include a description of each line item within each
fund unit’s budget, the estimated expenditures by each fund unit, and a summary of
employment position counts including prior year, current year, and budgeted year. [1
O.C.121.5-2];
Rename the Permanent Executive Contingency Fund Account the Financial Sovereignty
Fund. [1 O.C.121.5-3(b)];
Eliminate the Grant Reserve Fund Account, instead including sustaining grant operations
in the purpose of the Financial Sovereignty Fund. [1 O.C.121.5-3(b)-(c)];
Require that the Treasurer submit the budget guidelines to the Oneida Business Committee
for review and approval through the adoption of a resolution no later than March 1st of
each calendar year. [1 O.C.121.5-4(a)];
Provide that it is the Chief Financial Officer, and not the Treasurer, that is responsible for
receiving, reviewing, and compiling the proposed budgets from all the fund units into the
Nation’s draft budget. [1 O.C.121.5-4(b)];
Eliminate the section of the law that addressed fees and charges. [previously 1 O.C. 121.63];
Add a threshold of two hundred and fifty thousand dollars ($250,000) or more for when a
fund unit has to seek approval by the Oneida Business Committee, and a fiscal analysis by
the Chief Financial Officer for any unbudgeted expenditure. [1 O.C. 121.6-3];
Clarify that for unexpended capital improvement funds they do not carry over to the next
fiscal year budget, but instead carry over at the end of each fiscal year and remain available
for use. [1 O.C. 121.6-5];
Eliminate the section on unexpended capital expenditure funds. [previously 1 O.C. 121.64(b)];
Eliminate the provisions of the Law governing capital improvements. [previously 1 O.C.
121.6-9];
Eliminate provisions of the Law governing how grant funds can be utilized, exhaustion of
non-tribal funds, grant reporting, and the Grant Reserve Fund Account. [previously 1 O.C.
121.7-1(b)-121.7-4];
Require that prior to the acquisition of any debt, the Nation shall obtain an amortization
schedule for the repayment of the debt. [1 O.C. 121.8-2(b)];
Eliminate the provisions which provides that employment positions that are fully funded
through grants shall not be included in the employment cap. [previously 1 O.C. 121.91(a)];
Allow the budget contingency plan to respond to or prepare for potential extreme financial
distress. [1 O.C. 121.10-1];
Clarify that when the Chief Financial Officer, not the Oneida Business Committee,
determines that the Nation is under extreme financial distress, or may face extreme
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financial distress in the near future, the CFO shall inform the Oneida Business Committee,
and the Oneida Business Committee shall be responsible for implementing the budget
contingency plan. [1 O.C. 121.10-3]; and
Make other minor drafting changes.

The Legislative Operating Committee developed the proposed amendments to the Budget and
Finances law through collaboration with representatives from the Finance Administration and the
Oneida Business Committee Treasurer. The Legislative Operating Committee held eight (8) work
meetings on the development of the amendments to the Budget and Finances law.
The development of the amendments to the Budget and Finances law complies with all processes
and procedures required by the Legislative Procedures Act, including the development of a
legislative analysis, a fiscal analysis, and the opportunity for public review during a public meeting
and public comment period. [1 O.C. 109.6, 109.7, 109.8].
The Legislative Operating Committee held a public meeting on the proposed amendments to the
Budget and Finances Law on February 12, 2026. One (1) individual provided public comments
during this public meeting. The public comment period was then held open until February 19,
2026. One (1) individual provided written comments during this public comment period. The
public comments received were reviewed and considered by the Legislative Operating Committee
on March 4, 2026, and March 12, 2026.
The amendments to the Budget and Finances Law will become effective on May 6, 2026.
Requested Action
Adopt the Resolution: Amendments to the Budget and Finances Law

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Oneida Nation

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Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution #
Amendments to the Budget and Finances Law
WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and

WHEREAS,

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

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Budget and Finances law (“the Law”) was adopted by the Oneida Business Committee
through resolution BC-02-08-17-C, and amended by resolution BC-05-11-22-B; and

WHEREAS,

the purpose of this Law is to set forth the requirements to be followed by the Oneida
Business Committee and the Oneida fund units when preparing the budget to be presented
to the General Tribal Council for approval, and to establish financial policies and
procedures for the Nation; and

WHEREAS,

the amendments to the Law remove the requirement that the Oneida Business Committee
develop priorities, a strategic plan, or broad goals to assist in guiding the budget; and

WHEREAS,

the amendments to the Law remove the requirement that the Chief Financial Officer ensure
the Nation’s budget is properly implemented, and instead require that the Chief Financial
Officer report to the Oneida Business Committee and/or Executive Managers any
expenditures that do not follow budget guidelines or conform to the budget; and

WHEREAS,

the amendments to the Law require that the Chief Financial Officer assist with the
submission and presentation of the Treasurer’s report to the Oneida Business Committee,
which shall specifically include any monthly variances that are one hundred thousand
dollars ($100,000) or more in total instead of a difference of three percent (3%) or more
from the adopted annual budget or fifty thousand dollars ($50,000) or more in total; and

WHEREAS,

the amendments to the Law require the Chief Financial Officer to inform the Oneida
Business Committee of any Executive Managers and/or fund unit which does not follow
the budget development process guidelines or deadlines as set forth by the Treasurer; and

WHEREAS,

the amendments to the Law require managers to report to the CFO and their relevant
Executive Manager explanations and corrective actions for any monthly variance that is
one hundred thousand dollars ($100,000) or more in total instead of a difference of three
percent (3%) or more from the adopted annual budget or fifty thousand dollars ($50,000)
or more in total; and

WHEREAS,

the amendments to the Law eliminate that the contents of the budget include a description
of each line item within each fund unit’s budget, the estimated expenditures by each fund
unit, and a summary of employment position counts including prior year, current year, and
budgeted year; and

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BC Resolution _____________
Amendments to the Budget and Finances Law
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WHEREAS,

the amendments to the Law rename the Permanent Executive Contingency Fund Account
the Financial Sovereignty Fund; and

WHEREAS,

the amendments to the Law eliminate the Grant Reserve Fund Account, instead including
sustaining grant operations in the purpose of the Financial Sovereignty Fund; and

WHEREAS,

the amendments to the Law require that the Treasurer submit the budget guidelines to the
Oneida Business Committee for review and approval through the adoption of a resolution
no later than March 1st of each calendar year; and

WHEREAS,

the amendments to the Law provide that it is the Chief Financial Officer, and not the
Treasurer, that is responsible for receiving, reviewing, and compiling the proposed budgets
from all the fund units into the Nation’s draft budget; and

WHEREAS,

the amendments to the Law eliminate the section of the law that addressed fees and
charges; and

WHEREAS,

the amendments to the Law add a threshold of two hundred and fifty thousand dollars
($250,000) or more for when a fund unit has to seek approval by the Oneida Business
Committee, and a fiscal analysis by the Chief Financial Officer for any unbudgeted
expenditure; and

WHEREAS,

the amendments to the Law clarify that for unexpended capital improvement funds they do
not carry over to the next fiscal year budget, but instead carry over at the end of each fiscal
year and remain available for use; and

WHEREAS,

the amendments to the Law eliminate the section on unexpended capital expenditure
funds; and

WHEREAS,

the amendments to the Law eliminate the provisions of the Law governing capital
improvements; and

WHEREAS,

the amendments to the Law eliminate provisions of the Law governing how grant fund can
be utilized, exhaustion of non-tribal funds, grant reporting, and the Grant Reserve Fund
Account; and

WHEREAS,

the amendments to the Law require that prior to the acquisition of any debt, the Nation shall
obtain an amortization schedule for the repayment of the debt; and

WHEREAS,

the amendments to the Law eliminate the provisions which provides that employment
positions that are fully funded through grants shall not be included in the employment cap;
and

WHEREAS,

the amendments to the Law allow the budget contingency plan to respond to or prepare
for potential extreme financial distress; and

WHEREAS,

the amendments to the Law clarify that when the Chief Financial Officer, not the Oneida
Business Committee, determines that the Nation is under extreme financial distress, or
may face extreme financial distress in the near future, the CFO shall inform the Oneida
Business Committee, and the Oneida Business Committee shall be responsible for
implementing the budget contingency plan; and

WHEREAS,

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

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BC Resolution _____________
Amendments to the Budget and Finances Law
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WHEREAS,

the Legislative Operating Committee developed the proposed amendments to the Law
through collaboration with representatives from the Finance Administration and the Oneida
Business Committee Treasurer; and

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact
statement were completed for the proposed amendments to the Law; and

WHEREAS,

the Legislative Operating Committee held a public meeting on the proposed amendments
to the Law on February 12, 2026,with one (1) individual providing oral comments, and the
public comment period for the amendments to this Law were held open until February 19,
2026 with one (1) submission of written comments received; and

WHEREAS,

the Legislative Operating Committee reviewed and considered all public comments
received on March 6, 2026, and March 12, 2026; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the amendments
to the Budget and Finances law, which shall become effective on May 6, 2026.

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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
Amendments to the Budget and Finances Law
Summary
This resolution adopts amendments to the Budget and Finances law.
Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office
Date: April 15, 2026
Analysis by the Legislative Reference Office
This resolution adopts amendments to the Budget and Finances law. The purpose of the Budget
and Finances law is set forth the requirements to be followed by the Oneida Business Committee
and the Oneida fund units when preparing the budget to be presented to the General Tribal Council
for approval, and to establish financial policies and procedures for the Nation. [1 O.C. 121.1-1].
Amendments to the Budget and Finances law are being sought to:
Amend the definitions for capital expenditures, capital improvements, and enterprise. [1
O.C.121.3-1];
 Remove the requirement that the Oneida Business Committee develop priorities, a strategic
plan, or broad goals to assist in guiding the budget. [1 O.C.121.4-1];
 Remove the requirement that the Chief Financial Officer ensure the Nation’s budget is
properly implemented, and instead require that the Chief Financial Officer report to the
Oneida Business Committee and/or Executive Managers any expenditures that do not
follow budget guidelines or conform to the budget. [1 O.C.121.4-3(a)];
 Require that the Chief Financial Officer assist with the submission and presentation of the
Treasurer’s report to the Oneida Business Committee, which shall specifically include any
monthly variances that are one hundred thousand dollars ($100,000) or more in total
instead of a difference of three percent (3%) or more from the adopted annual budget or
fifty thousand dollars ($50,000) or more in total. [1 O.C.121.4-3(c)];
 Require the Chief Financial Officer to inform the Oneida Business Committee of any
Executive Managers and/or fund unit which does not follow the budget development
process guidelines or deadlines as set forth by the Treasurer. [1 O.C.121.4-3(f)];
 Require managers to report to the CFO and their relevant Executive Manager explanations
and corrective actions for any monthly variance that is one hundred thousand dollars
($100,000) or more in total instead of a difference of three percent (3%) or more from the
adopted annual budget or fifty thousand dollars ($50,000) or more in total. [1 O.C.121.44(b)];
 Eliminate that the contents of the budget include a description of each line item within each
fund unit’s budget, the estimated expenditures by each fund unit, and a summary of

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employment position counts including prior year, current year, and budgeted year. [1
O.C.121.5-2];
Rename the Permanent Executive Contingency Fund Account the Financial Sovereignty
Fund. [1 O.C.121.5-3(b)];
Eliminate the Grant Reserve Fund Account, instead including sustaining grant operations
in the purpose of the Financial Sovereignty Fund. [1 O.C.121.5-3(b)-(c)];
Require that the Treasurer submit the budget guidelines to the Oneida Business Committee
for review and approval through the adoption of a resolution no later than March 1st of
each calendar year. [1 O.C.121.5-4(a)];
Provide that it is the Chief Financial Officer, and not the Treasurer, that is responsible for
receiving, reviewing, and compiling the proposed budgets from all the fund units into the
Nation’s draft budget. [1 O.C.121.5-4(b)];
Eliminate the section of the law that addressed fees and charges. [previously 1 O.C. 121.63];
Add a threshold of two hundred and fifty thousand dollars ($250,000) or more for when a
fund unit has to seek approval by the Oneida Business Committee, and a fiscal analysis by
the Chief Financial Officer for any unbudgeted expenditure. [1 O.C. 121.6-3];
Clarify that for unexpended capital improvement funds they do not carry over to the next
fiscal year budget, but instead carry over at the end of each fiscal year and remain available
for use. [1 O.C. 121.6-5];
Eliminate the section on unexpended capital expenditure funds. [previously 1 O.C. 121.64(b)];
Eliminate the provisions of the Law governing capital improvements. [previously 1 O.C.
121.6-9];
Eliminate provisions of the Law governing how grant fund can be utilized, exhaustion of
non-tribal funds, grant reporting, and the Grant Reserve Fund Account. [previously 1 O.C.
121.7-1(b)-121.7-4];
Require that prior to the acquisition of any debt, the Nation shall obtain an amortization
schedule for the repayment of the debt. [1 O.C. 121.8-2(b)];
Eliminate the provisions which provides that employment positions that are fully funded
through grants shall not be included in the employment cap. [previously 1 O.C. 121.91(a)];
Allow the budget contingency plan to respond to or prepare for potential extreme financial
distress. [1 O.C. 121.10-1];
Clarify that when the Chief Financial Officer, not the Oneida Business Committee,
determines that the Nation is under extreme financial distress, or may face extreme
financial distress in the near future, the CFO shall inform the Oneida Business Committee,
and the Oneida Business Committee shall be responsible for implementing the budget
contingency plan. [1 O.C. 121.10-3]; and
Make other minor drafting changes.
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Adoption of any legislation is required to comply with the Legislative Procedures Act (“the LPA”),
which was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the
purpose of providing a standardized process for the adoption of laws of the Nation. [1 O.C. 109.11]. The Budget and Finances law amendments complied with all processes and procedures
required by the LPA, including the development of a legislative analysis, a fiscal analysis, and the
opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6,
109.7, 109.8].
The Legislative Operating Committee held a public meeting on the proposed amendments to the
Budget and Finances Law on February 12, 2026. One (1) individual provided public comments
during this public meeting. The public comment period was then held open until February 19,
2026. One (1) individual provided written comments during this public comment period. The
public comments received were reviewed and considered by the Legislative Operating Committee
on March 4, 2026, and March 12, 2026.
The amendments to the Budget and Finances law will become effective on May 6, 2026.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.

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BUDGET AND FINANCES LAW
AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Amendments

Analysis by the Legislative Reference Office
 Amend the definitions for capital expenditures, capital improvements,
and enterprise. [1 O.C.121.3-1];
 Remove the requirement that the Oneida Business Committee develop
priorities, a strategic plan, or broad goals to assist in guiding the budget.
[1 O.C.121.4-1];
 Remove the requirement that the Chief Financial Officer ensure the
Nation’s budget is properly implemented, and instead require that the
Chief Financial Officer report to the Oneida Business Committee and/or
Executive Managers any expenditures that do not follow budget
guidelines or conform to the budget. [1 O.C.121.4-3(a)];
 Require that the Chief Financial Officer assist with the submission and
presentation of the Treasurer’s report to the Oneida Business Committee,
which shall specifically include any monthly variances that are one
hundred thousand dollars ($100,000) or more in total instead of a
difference of three percent (3%) or more from the adopted annual budget
or fifty thousand dollars ($50,000) or more in total. [1 O.C.121.4-3(c)];
 Require the Chief Financial Officer to inform the Oneida Business
Committee of any Executive Managers and/or fund unit which does not
follow the budget development process guidelines or deadlines as set
forth by the Treasurer. [1 O.C.121.4-3(f)];
 Require managers to report to the CFO and their relevant Executive
Manager explanations and corrective actions for any monthly variance
that is one hundred thousand dollars ($100,000) or more in total instead
of a difference of three percent (3%) or more from the adopted annual
budget or fifty thousand dollars ($50,000) or more in total. [1 O.C.121.44(b)];
 Eliminate that the contents of the budget include a description of each line
item within each fund unit’s budget, the estimated expenditures by each
fund unit, and a summary of employment position counts including prior
year, current year, and budgeted year. [1 O.C.121.5-2];
 Rename the Permanent Executive Contingency Fund Account the
Financial Sovereignty Fund. [1 O.C.121.5-3(b)];
 Eliminate the Grant Reserve Fund Account, instead including sustaining
grant operations in the purpose of the Financial Sovereignty Fund. [1
O.C.121.5-3(b)-(c)];
 Require that the Treasurer submit the budget guidelines to the Oneida
Business Committee for review and approval through the adoption of a
resolution no later than March 1st of each calendar year. [1 O.C.121.54(a)];
 Provide that it is the Chief Financial Officer, and not the Treasurer, that
is responsible for receiving, reviewing, and compiling the proposed

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Purpose

Affected Entities

Public Meeting

Fiscal Impact

budgets from all the fund units into the Nation’s draft budget. [1
O.C.121.5-4(b)];
 Eliminate the section of the law that addressed fees and charges.
[previously 1 O.C. 121.6-3];
 Add a threshold of two hundred and fifty thousand dollars ($250,000) or
more for when a fund unit has to seek approval by the Oneida Business
Committee, and a fiscal analysis by the Chief Financial Officer for any
unbudgeted expenditure. [1 O.C. 121.6-3];
 Clarify that for unexpended capital improvement funds they do not carry
over to the next fiscal year budget, but instead carry over at the end of
each fiscal year and remain available for use. [1 O.C. 121.6-5];
 Eliminate the section on unexpended capital expenditure funds.
[previously 1 O.C. 121.6-4(b)];
 Eliminate the provisions of the Law governing capital improvements.
[previously 1 O.C. 121.6-9];
 Eliminate provisions of the Law governing how grant fund can be
utilized, exhaustion of non-tribal funds, grant reporting, and the Grant
Reserve Fund Account. [previously 1 O.C. 121.7-1(b)-121.7-4];
 Require that prior to the acquisition of any debt, the Nation shall obtain
an amortization schedule for the repayment of the debt. [1 O.C. 121.82(b)];
 Eliminate the provisions which provides that employment positions that
are fully funded through grants shall not be included in the employment
cap. [previously 1 O.C. 121.9-1(a)];
 Allow the budget contingency plan to respond to or prepare for potential
extreme financial distress. [1 O.C. 121.10-1];
 Clarify that when the Chief Financial Officer, not the Oneida Business
Committee, determines that the Nation is under extreme financial distress,
or may face extreme financial distress in the near future, the CFO shall
inform the Oneida Business Committee, and the Oneida Business
Committee shall be responsible for implementing the budget contingency
plan. [1 O.C. 121.10-3]; and
 Make other minor drafting changes.
The purpose of this law is to set forth the requirements to be followed by the
Oneida Business Committee and the Oneida fund units when preparing the
budget to be presented to the General Tribal Council for approval, and to
establish financial policies and procedures for the Nation. [1 O.C. 121.1-1].
Oneida Nation Community, General Tribal Council, Oneida Business
Committee, Chief Financial Officer, Executive Managers, employees of the
Nation
A public meeting was held on February 12, 2026. One (1) individual provided
oral comments during the public meeting. The public comment period was
held open until February 19, 2026. One (1) individual provided written
comments during the public comment period.
A fiscal impact statement was provided by the Finance Administration on
April 7, 2026.

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SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Budget and Finances law (“the Law”), formerly known as the Budget Management
and Control law, was first adopted by the Oneida Business Committee on February 8, 2017, through
the adoption of resolution BC-02-08-17-C, and most recently amended on May 11, 2022, through the
adoption of resolution BC-05-11-22-B. The Law sets forth the requirements to be followed by the
Oneida Business Committee and the Oneida fund units when preparing the budget to be presented to
the General Tribal Council for approval, and to establish financial policies and procedures for the
Nation which: institutionalize best practices in financial management to guide decision makers in
making informed decisions regarding the provision of services, implementation of business plans for
enterprises, investments, and capital assets; provide a long term financial prospective and strategic
intent, linking budget allocations to organizational goals, as well as providing fiscal controls and
accountability for results and outcomes; identify and communicate to the membership of the Nation
spending decisions for the government function, grant obligations, enterprises, membership mandates,
capital expenditures, technology projects, and capital improvement projects; establish a framework for
effective financial risk management; and encourage participation by the Nation’s membership. [1 O.C.
121.1-1].
B. Request for Amendments. When the Budget and Finances law was last amended, resolution BC-0511-22-B, Amendments to the Budget Management and Control Law, included a directive that the
Legislative Reference Office collaborate with the Nation’s Treasurer and Chief Financial Officer to
conduct a one (1) year review of the Budget and Finances law and provide the Oneida Business
Committee a report on the use and implementation of the Law. The Legislative Reference Office and
Legislative Operating Committee met with the Nation’s Treasurer and Chief Financial Officer on
February 7, 2024, to review and discuss how the implementation and utilization of the Budget and
Finance law has fared since the most recent amendments were adopted in May of 2022. Through the
discussions with the Nation’s Treasurer and Chief Financial Officer it was determined that there are
potential amendments to the Budget and Finances law that would be beneficial to the Nation to make.
The Nation’s Treasurer and Chief Financial Officer recommended that the Legislative Operating
Committee consider adding the Budget and Finances law to its Active Files List for amendments to be
made. This item was added to the Active Files List on March 6, 2024. Then on July 2, 2025, the
Legislative Operating Committee received an additional request from the Chief Financial Officer for
amendments to be made to the Budget and Finances law and accepted the request for amendments to
the Budget and Finances law as information, noting the Budget and Finances law is already on the
Active Files List for amendments.

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SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of the
amendments to the Budget and Finances law and this legislative analysis:
 Treasurer; and
 Finance Administration.
B. The following laws were reviewed in the drafting of this analysis:
 Administrative Rulemaking law;
 Oneida Personnel Policies and Procedures;

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Legislative Procedures Act;
Internal Audit law;
Emergency Management law;
Furlough Law;
Layoff Policy;
Conflict of Interest law;
Code of Ethics law; and
Removal law.

SECTION 4. PROCESS
A. The development of the proposed amendments to Budget and Finances law complies with the process
set forth in the Legislative Procedures Act (LPA).
 On March 6, 2024, the Legislative Operating Committee added the Budget and Finances law to
its Active Files List.
 On July 2, 2025, the Legislative Operating Committee accepted an additional request for
amendments to the Budget and Finances law as information, noting the Budget and Finances law
is already on the Active Files List for amendments.
 On October 15, 2025, the Legislative Operating Committee approved the draft of proposed
amendments to the Budget and Finances law.
 On November 5, 2025, the Legislative Operating Committee approved the updated draft and
legislative analysis of the proposed amendments to the Budget and Finances law.
 On December 17, 2025, the Legislative Operating Committee approved the public meeting packet
and scheduled a public meeting for the proposed Budget and Finances Law Amendments to be
held on February 12, 2026.
 A public meeting was held on February 12, 2026. One (1) individual provided oral comments
during the public meeting.
 The public comment period was held open until February 19, 2026. One (1) individual provided
written comments during the public comment period.
 On March 4, 2026, the Legislative Operating Committee accepted the public comments and the
public comment review memorandum and deferred to a work meeting for further consideration.
The Legislative Operating Committee reviewed and considered the public comments that same
day.
 On March 18, 2026, the Legislative Operating Committee approved the Budget and Finances law
amendments updated public comment review memorandum, legislative analysis, and draft; and
approved the fiscal impact statement request memorandum, and forwarded these materials to the
Finance Department directing that a fiscal impact statement be prepared and submitted to the LOC
by April 9, 2026.
 On April 7, 2026, the Finance Administration provided the Legislative Operating Committee a
fiscal impact statement for the proposed amendments to the Budget and Finances law.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to the Budget and Finances law:
 March 20, 2024: LOC work session.
 July 21, 2025: LOC work session with Treasurer and Finance Administration.
 August 18, 2025: LOC work session with Treasurer and Finance Administration.

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 October 3, 2025: LOC work session with Treasurer and Finance Administration.
 March 4, 2026: LOC work session.
 March 12, 2026: LOC work session with Finance Administration.
A. Community Outreach Events. In addition to the public meeting required by the Legislative Procedures
Act, the LOC held the following community outreach events on this legislation:
 September 17, 2025: Legislative Operating Committee Community Meeting held in the Norbert
Hill Center’s cafeteria.

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SECTION 5. CONTENTS OF THE LEGISLATION
A. Definitions. The proposed amendments to the Law revise the definitions for capital expenditures,
capital improvements, and enterprise. [1 O.C.121.3-1]. Currently, the Law defines capital expenditures
as any non-recurring and non-physical improvement as follows: Any item with a cost of five thousand
dollars ($5,000) or more and a useful life of one (1) year or more; or Items purchased together where
none of the items individually costs more than two thousand dollars ($2,000), but the total purchase
price for all of the items is ten thousand dollars ($10,000) or more. [1 O.C.121.3-1(c)]. The proposed
amendments to the Law revise the definition of capital expenditures to read as means any non-recurring
improvement as follows: Any item with a cost of five thousand dollars ($5,000) or more and a useful
life of one (1) year or more; or Items purchased together where the total purchase price for all of the
items is ten thousand dollars ($10,000) or more. [1 O.C.121.3-1(c)]. Currently, the Law defines capital
improvement as a non-recurring expenditure for physical improvements, including costs for:
acquisition of existing buildings, land, or interests in land; construction of new buildings or other
structures, including additions and major alterations; acquisition of fixed equipment; landscaping;
physical infrastructure; and (6) similar expenditures with a cost of five thousand dollars ($5,000.00) or
more and a useful life of one (1) year or more. [1 O.C.121.3-1(d)]. The proposed amendments to the
Law revise the definition of capital improvements to read as a non-recurring expenditure for physical
improvements, including costs for: acquisition of existing buildings, land, or interests in land;
construction of new buildings or other structures, including additions and major alterations; demolition
of an existing building or other structures; physical infrastructure; and similar expenditures with a cost
of five thousand dollars ($5,000) or more and a useful life of one (1) year or more. [1 O.C.121.3-1(d)].
Currently, the Law defines enterprise as any area or activity of the Nation that is engaged in for the
business of profit. [1 O.C.121.3-1(h)]. The proposed amendments to the Law revise the definition of
enterprise to read as any area or activity of the Nation that is engaged in for the business of profit or to
break even. [1 O.C.121.3-1(h)].
 Effect. The proposed amendments to the above mentioned definitions ensure that the definitions
included in our law are consistent with regularly accepted financial and accounting standard
definitions.
B. Responsibilities of the Chief Financial Officer. The proposed amendments to the Law make some
adjustments to the responsibilities of the Chief Financial Officer. Currently, the Law requires that the
Chief Financial Officer ensures the Nation’s budget is properly implemented. Understanding that it is
not reasonable to place the proper implementation of the Nation’s budget onto one position, the
proposed amendments to the Law instead require that the Chief Financial Officer report to the Oneida
Business Committee and/or Executive Managers any expenditures that do not follow budget guidelines
or conform to the budget. [1 O.C.121.4-3(a)]. Currently, the Law requires that the Chief Financial
Officer assist with the submission and presentation of the Treasurer’s report to the Oneida Business

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Committee, which shall specifically include any monthly variances that are either: a difference of three
percent (3%) or more from the adopted annual budget; or fifty thousand dollars ($50,000) or more in
total. [1 O.C.121.4-3(c)]. The proposed amendments to the Law change how monthly variances are
reported in the Treasurer’s report, so that it only includes monthly variances that are one hundred
thousand dollars ($100,000) or more in total instead of a difference of three percent (3%) or more from
the adopted annual budget or fifty thousand dollars ($50,000) or more in total. [1 O.C.121.4-3(c)]. The
change in what monthly variances that are required to be reported better reflects the information that
accounting tracks for the Nation. And finally, the current Law requires that the Chief Financial Officer
inform the appropriate Executive Manager of any fund unit which does not follow the budget
development process guidelines or deadlines as set forth by the Treasurer. [1 O.C.121.4-3(f)].
Understanding that it makes more sense from the information to come from the Executive Managers to
the Chief Financial Officer since the Executive Manages should be already aware of the compliance
status of the areas they manage, the proposed amendments to the Law now require that the Chief
Financial Officer informs the Oneida Business Committee of any Executive Managers and/or fund unit
which does not follow the budget development process guidelines or deadlines as set forth by the
Treasurer. [1 O.C.121.4-3(f)].
 Effect. The proposed amendments to the Law provide greater clarity as to the responsibilities of
the Chief Financial Officer so that the Law more realistically reflects the roles and responsibilities
of this position.
C. Responsibilities of Managers. The proposed amendments to the Law require managers to report to the
Chief Financial Officer and their relevant Executive Manager explanations and corrective actions for
any monthly variance that is one hundred thousand dollars ($100,000) or more in total instead of a
difference of three percent (3%) or more from the adopted annual budget or fifty thousand dollars
($50,000) or more in total. [1 O.C.121.4-4(b)].
 Effect. The proposed amendment to the Law addressing what monthly variances need to be
reported by the managers better reflects the information that accounting tracks for the Nation.
D. Contents of the Budget. Currently, the Law requires that the Nation’s budget include the following
information: estimated revenues to be received from all sources; the individual budgets of each fund
unit; a description of each line item within each fund unit’s budget; the estimated expenditures by each
fund unit; and a summary of employment position counts including prior year, current year, and
budgeted year. [1 O.C.121.5-2]. The proposed amendments to the Law eliminate the requirement that
the contents of the budget include a description of each line item within each fund unit’s budget, the
estimated expenditures by each fund unit, and a summary of employment position counts including
prior year, current year, and budgeted year. [1 O.C.121.5-2]. Therefore, the budget is only required to
include the estimated revenues to be received from all sources and the individual budgets of each fund
unit. Id.
 Effect. The proposed amendments to the Law eliminate requirements to the contents of the budget
that appeared duplicative or were simply never actually complied with by the fund units of the
Nation.
E. Financial Sovereignty Fund. Currently, the Law provides that in addition to the General Fund, the
Nation’s budget shall include a Permanent Executive Contingency Fund account to be used by the
Nation to prevent default on debt and to sustain operations during times of extreme financial distress,
as well as a Grant Reserve Fund, to be used by the Nation to prefund the expenditures of grants upon
receipt. [1 O.C.121.5-3]. The proposed amendments to the Law combine the Permanent Executive

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Contingency Fund Account and the Grant Reserve Fund Account into one Fund Account to be named
the Financial Sovereignty Fund which will be used by the Nation to prevent default on debt and to
sustain operations and grants during times of extreme financial distress. [1 O.C.121.5-3(b)].
 Effect. The proposed amendments to the Law simplify the accounting of our various contingency
fund accounts by combining them into one account. The change in title of the account better reflects
that its purpose is to provide financial sovereignty to the Nation in times of extreme financial
distress.
F. Budget Schedule and Guidelines. Currently, the Law requires that the Treasurer develop the necessary
guidelines, including specific timelines and deadlines, to be followed by the managers that have budget
responsibility in preparing and submitting proposed budgets, and that the Treasurer submit the
guidelines to the Oneida Business Committee for review and approval through the adoption of a
resolution. [1 O.C.121.5-4(a)]. The Oneida Business Committee is responsible for setting a deadline
through the adoption of a resolution for when the Treasurer is required to submit their budget guidelines
to the Oneida Business Committee for review and approval. [1 O.C.121.5-4(a)(3)]. The proposed
amendments to the Law require that the Treasurer submit the budget guidelines to the Oneida Business
Committee for review and approval through the adoption of a resolution no later than March 1st of each
calendar year. [1 O.C.121.5-4(a)].
 Effect. The proposed amendments to the Law include a deadline for when the Treasurer is required
to submit budget guidelines to the Oneida Business Committee, instead of relaying on the Oneida
Business Committee to set a deadline through resolution because thus far, the Oneida Business
Committee has not complied with setting this deadline consistently, and the inclusion of the
deadline ensures consistency in how the budget is processed.
G. Annual Proposed Budgets. Currently the Law requires that the Treasurer receive, review, and compile
the proposed budgets from all the fund units into the Nation’s draft budget, and that the Treasurer
present the Nation’s draft budget to the Oneida Business Committee for review each year to ensure that
it is consistent with the Nation’s strategic plan, broad goals, and budget strategy. [1 O.C.121.5-4(b)]
The proposed amendments to the Law will now require that it is the Chief Financial Officer, and not
the Treasurer, that is responsible for receiving, reviewing, and compiling the proposed budgets from
all the fund units into the Nation’s draft budget, and that it is the Treasurer and Chief Financial Officer
together that present the budget to the Oneida Business Committee. [1 O.C.121.5-4(b)].
 Effect. The proposed amendments to the Law better reflect the current practices and responsibilities
of the Chief Financial officer and the Treasurer.
H. Fees and Charges. Currently, section 121.6-3 of the Law addresses fees and charges and provides that
a program or service of the Nation funded through Tribal contribution may charge fees for their services
to cover operational costs. The Law goes on to provide details on determining the full cost of a program,
what fees and charges may cover, and fee waivers. The proposed amendments to the Law eliminate the
entire section of the Law addressing fees and charges.
 Effect. The proposed amendments to the Law eliminated the provisions regarding fees and charges
based on the recommendation from Finance due to the fact that a program or service of the Nation
charging a fee rarely worth the amount of time it takes for the Finance Administration to process
the fee. Instead of including this general provision in the Law, it was recommended that this
language be removed and then Finance can work with areas to determine if charging a fee for a
service makes financial sense.

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I. Approval of Unbudgeted Expenditures. Currently, the Law provides that a fund unit shall not make
an unbudgeted expenditure unless approval is granted by the Oneida Business Committee. [1
O.C.121.6-4]. The Law goes on to provide that the Chief Financial Officer is responsible for providing
the Oneida Business Committee a written fiscal analysis and any input on the potential unbudgeted
expenditure. Id. The Oneida Business Committee shall then approve any unbudgeted expenditure
through the adoption of a resolution prior to the expenditure being made by a fund unit. Id. The
proposed amendment to the Law adds a threshold of two hundred and fifty thousand dollars ($250,000)
or more for when a fund unit has to seek approval by the Oneida Business Committee, and a fiscal
analysis by the Chief Financial Officer for any unbudgeted expenditure. [1 O.C. 121.6-3].
 Effect. The proposed amendments to the Law add the threshold for when a fund unit has to seek
approval by the Oneida Business Committee, and a fiscal analysis by the Chief Financial Officer
for any unbudgeted expenditure in order to provide better clarity and consistently.
J. Unexpended Capital Expenditure Funds. Currently, 121.6-6(b) of the Law provides that the Treasurer
shall ensure that all unexpended capital expenditure funds are reallocated to the fiscal year budget two
(2) years out from the fiscal year in which the funds were unexpended, and that such unexpended funds
shall be returned to the General Fund. The proposed amendments to the Law eliminate this provision
from the Law.
 Effect. The provision regarding how to handle unexpended capital expenditure funds was
eliminated from the Law based on the recommendation from the Finance Administration due to the
fact that this better reflected information that would be included in a standard operating procedure
or other internal policy.
K. Capital Improvements. Currently, section 121.6-9 of the Law addresses capital improvements for both
government services and enterprises. For government service, the Oneida Business Committee is
responsible for developing, and the General Tribal Council approving, a capital improvement plan
which covers a period of five (5) to ten (10) years and includes any risks and liabilities. The capital
improvement plan for government services is required to be reassessed once every five (5) years, and
the Oneida Business Committee is required to provide a status report and recommendation for any
improvements that have not been completed or that have been modified at the time of the reassessment.
For enterprises, capital improvement plans may be brought forward as needed, provided that the Oneida
Business Committee is required to approve all capital improvement plans for enterprises. Capital
improvement plans for government services and enterprises shall be implemented, contingent on
available funding capacity. The proposed amendments to the Law eliminate section 121.6-9 of the Law
which addresses capital improvements for both government services and enterprises.
 Effect. The decision for the proposed amendments to the Law to eliminate the provisions regarding
capital improvements was based on discussion regarding the fact that overall, the capital
improvement process needs to be reviewed, revised, and flushed out in greater detail. The work
group determined that the Budget and Finances law may not be the appropriate place for an
expanded capital improvement process to exist, and it may need to be its own law or its own internal
policy or standard operating procedure.
L. Grants. Section 121.7 of the Law currently provides information on grants such as how grant funding
can be expended and utilized, the exhaustion of non-tribal funds, grant reporting, and the Grant Reserve
Fund Account, and grant funded positions. The proposed amendments to the Law eliminate the
provisions of the Law governing how grant fund can be utilized, exhaustion of non-tribal funds, grant
reporting, and the Grant Reserve Fund Account. [currently 1 O.C. 121.7-1(b)-121.7-4].

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Effect. Many of the provisions in the Grants section of the Law were eliminated due to the fact that
much of the language included in the Law was unnecessary, duplicative, or potentially conflicting
with individual grant requirements, and it is the individual grant requirements that will ultimately
control how the grant may be expended or utilized. Since it was determined it was unnecessary to
maintain these provisions in the Law, it provides better clarity to just remove these provisions
entirely.
M. Amortization Schedule. Section 121.8 of the current Law provides information on debt, such as the
acquisition of debt, use of debt, credit ratios, sand corporate debt. The proposed amendments to the
Law add a new provision which requires that prior to the acquisition of any debt, the Nation shall obtain
an amortization schedule for the repayment of the debt. [1 O.C. 121.8-2(b)].
 Effect. The proposed amendment to the Law ensures that if the Nation makes the decision to take
out debt, the Nation is also immediately thinking about how to pay back that debt and planning for
that.
N. Employment Cap. Currently, the Law provides that the Treasurer and Chief Financial Officer are
required to identify a maximum number of full-time equivalent (FTE) employees to be employed by
the Nation. [1 O.C. 121.9-1]. The Oneida Business Committee is then responsible for approving this
employment cap, and any amendments thereto, through the adoption of a resolution – and then
reviewing that employment cap annually. Id. The current Law then goes on to state that employment
positions that are fully funded through grants shall not be included in the employment cap. [currently1
O.C. 121.9-1(a)]. The proposed amendments to the Law eliminate the provisions which provides that
employment positions that are fully funded through grants shall not be included in the employment cap.
[currently 1 O.C. 121.9-1(a)].
 Effect. The provision of the Law exempting fully grant funded positions from the employment cap
was eliminated from the Law based on the current economic reality of the United States, and the
fact that in the future we may not be able to relay on grant funding, so we need to be prepared to
address the control the economic costs of grant funded positions.
O. Budget Contingency Plan. The current law provides that the Oneida Business Committee shall work
with the Chief Financial Officer, Executive Managers, and managers to create a budget contingency
plan which provides a strategy for the Nation to respond to extreme financial distress that could
negatively impact the Nation. [1 O.C. 121.10-1]. Extreme financial distress includes, but is not limited
to, natural or human-made disasters; United States Government shutdown; emergency proclamations;
and economic downturns. The current Law provides that when the Oneida Business Committee
determines that the Nation is under extreme financial distress the Oneida Business Committee shall be
responsible for implementing the budget contingency plan. [1 O.C. 121.10-3]. The proposed
amendments to the Law expand when the budget contingency plan can be used to allow for the Nation
to respond to or prepare for potential extreme financial distress. [1 O.C. 121.10-1]. The proposed
amendments then provide that when the Chief Financial Officer, not the Oneida Business Committee,
determines that the Nation is under extreme financial distress, or may face extreme financial distress in
the near future, the CFO shall inform the Oneida Business Committee, and the Oneida Business
Committee shall be responsible for implementing the budget contingency plan. [1 O.C. 121.10-3].
 Effect. The proposed amendments to the Law allow for the use and implementation of the budget
contingency plan when preparing for potential extreme financial distress, and not just when the
extreme financial distress occurs. The Finance Administration expressed the fact that waiting for
extreme financial distress to occur is not financially prudent and will often not provide enough time

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to adequately address the extreme financial distress, and that instead the Nation should be
monitoring conditions so that if there is potential for extreme financial distress to occur, the Nation
can take preventative action.

SECTION 6. EXISTING LEGISLATION
A. Related Legislation. The following laws of the Nation are related to this Law:
 Administrative Rulemaking law. The Administrative Rulemaking law provides an efficient,
effective, and democratic process for enacting and revising administrative rules. [1 O.C. 106.1-2].
 This Law delegates rulemaking authority to the Purchasing Department in accordance with
the Administrative Rulemaking law to develop a Procurement Rule Handbook which
provides the sign-off process and authorities required to expend funds on behalf of the
Nation.. [1 O.C. 121.6-1].
 Internal Audit Law. The Internal Audit law creates a process by which internal audits are conducted
upon the Nation’s entities and to delegate responsibilities for the purposes of conducting such
audits. [1 O.C. 108.1-1].
 The Law provides that the Internal Audit Department, annually, shall conduct independent
comprehensive performance audits, in accordance with the Nation’s Audit law, the
Financial Accounting Standards Board (FASB) and the Governmental Accounting
Standards Board (GASB), of randomly selected fund units or of fund units deemed
necessary by the Oneida Business Committee or Internal Audit Department. [1 O.C.
121.11-3].
 Any internal audits conducted by the Internal Audit Department shall be made in
accordance with the audit process provided in the Internal Audit law. [1 O.C. 108.6].
 Emergency Management Law. The purpose of the Emergency Management law is to provide for
the development and execution of plans for the protection of residents, property, and the
environment in an emergency or disaster; provide for the direction of emergency management,
response, and recovery on the Reservation, as well as coordinating with other agencies, victims,
businesses, and organizations; establish the use of the National Incident Management System
(NIMS); and designate authority and responsibilities for public health preparedness. [3 O.C. 302.11].
 This Law provides that if the Nation proclaims an emergency, in accordance with the
Emergency Management law, that stays in effect for at least one (1) month and prevents
the presentation to and adoption of the budget by the General Tribal Council, the Oneida
Business Committee shall adopt the Nation’s budget. [1 O.C. 121.5-4(e)(2)].
 Under the Emergency Management law, the Oneida Business Committee is delegated the
responsibility to proclaim or ratify the existence of an emergency. [3 O.C. 302.8-1]. An
emergency means a situation that poses an immediate risk to health, life, safety, property,
or environment which requires urgent intervention to prevent further illness, injury, death,
or other worsening of the situation. [3 O.C. 302.3-1(f)]. No proclamation of an emergency
by the Oneida Business Committee may last for longer than sixty (60) days, unless renewed
by the Oneida Business Committee. [3 O.C. 302.8-2].
 Oneida Personnel Policies and Procedures. The Oneida Personnel Policies and Procedures is the
Nation’s law which governs employment. The Oneida Personnel Policies and Procedures provides
the process for handling complaints, disciplinary actions, and grievances. [Section V.D.].

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 The Law provides that violations of this Law shall be addressed using the applicable
enforcement tools provided by the Nation’s laws and policies including, but not limited to,
those related to employment with the Nation, conflicts of interest, ethics, and removal from
an elected position. [1 O.C. 121.12-2].
 An employee of the Nation who violates this Law may be addressed through the
disciplinary procedures found in Section V.D. of the Oneida Personnel Policies and
Procedures.
Conflict of Interest Law. The Conflict of Interest law ensures that all employees, contractors,
elected officials, officers, political appointees, appointed and elected members and all others who
may have access to information or materials that are confidential or may be used by competitors of
the Nation’s enterprises or interests be subject to specific limitations to which such information and
materials may be used in order to protect the interests of the Nation. [2 O.C. 217.1-1].
 The Law provides that violations of this Law shall be addressed using the applicable
enforcement tools provided by the Nation’s laws and policies including, but not limited to,
those related to employment with the Nation, conflicts of interest, ethics, and removal from
an elected position. [1 O.C. 121.12-2].
 The Conflict of Interest law provides that if a supervisor is provided credible evidence that
an employee has failed to disclose a conflict of interest, the employee shall be placed on
leave pursuant to the Nation’s Investigative Leave Policy, except that the duration of the
investigation for an alleged conflict of interest shall be concluded within seven (7) days of
the employee being placed on leave. A supervisor shall terminate an employee from his or
her employment with the Nation when an investigation substantiates that the employee
failed to disclose a conflict of interest. [2 O.C. 217.6-1].
 The Conflict of Interest law provides that an Oneida Business Committee member who
fails to disclose a conflict of interest may be subject to removal pursuant to the Removal
Law or penalties pursuant to laws of the Nation regarding penalties. [2 O.C. 217.6-2].
 The Conflict of Interest law provides that an elected or appointed official of the Nation
who fails to disclose a conflict of interest may be subject to penalties pursuant to laws of
the Nation regarding penalties, and subject to removal pursuant to the Removal Law for
elected members, or have their appointment terminated by the Oneida Business Committee
pursuant to the law governing board, committees and commissions for appointed
members. [2 O.C. 217.6-3].
Code of Ethics. The Code of Ethics law promotes the highest ethical conduct in all its elected and
appointed officials, and employees. [1 O.C. 103.1-1].
 The Law provides that violations of this Law shall be addressed using the applicable
enforcement tools provided by the Nation’s laws and policies including, but not limited to,
those related to employment with the Nation, conflicts of interest, ethics, and removal from
an elected position. [1 O.C. 121.12-2].
 The Code of Ethics law provides that a government official who violates any portion of the
Code of Ethics as it applies to them, may be subject to removal, if elected, or termination,
if appointed. [1 O.C. 103.6-1(a)].
 The Code of Ethics law provides that an individual from a program or enterprise of the
Nation who violates any portion of the Code of Ethics as it applies to them, may be subject

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to the disciplinary procedures found in the Oneida Personnel Policies and Procedures. [1
O.C. 103.6-1(b)].
Removal Law. The Removal law governs the removal of persons elected to serve on boards,
committees, and commissions of the Nation. [1 O.C. 104.1-1].
 The Law provides that violations of this Law shall be addressed using the applicable
enforcement tools provided by the Nation’s laws and policies including, but not limited to,
those related to employment with the Nation, conflicts of interest, ethics, and removal from
an elected position. [1 O.C. 121.12-2].
 An elected official of the Nation who violates this Law may be addressed through the
removal procedures found the Removal law.
Furlough Policy. The Furlough Policy enables the Nation to implement a furlough as a tool to
remedy an operating budget deficit. [2 O.C. 205.1-1].
 This Law provides that as part of the budget contingency plan, the Oneida Business
Committee may require the use of cost saving tools, provided that the use of such complies
with all laws of the Nation. [1 O.C. 121.10-2]. Cost saving tools may include furloughs.
[1 O.C. 121.10-2(c)].
 Any furloughs made as part of the Nation’s budget contingency plan shall be made in
accordance with the furlough process provided in the Furlough Policy. [2 O.C. 205].
Layoff Policy. The purpose of the Layoff Policy is to establish a fair, respectful policy for
employee layoff and recall which enables the Nation’s programs and enterprises to operate
effectively and efficiently in varying economic conditions within the parameters of Oneida Nation
Seventh Generation mission, priorities, and objectives. [2 O.C. 207.1-1].
 This Law provides that as part of the budget contingency plan, the Oneida Business
Committee may require the use of cost saving tools, provided that the use of such complies
with all laws of the Nation. Cost saving tools may include layoffs.
 Any layoffs made as part of the Nation’s budget contingency plan shall be made in
accordance with the layoff process provided in the Layoff Policy. [2 O.C. 207].

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SECTION 7. OTHER CONSIDERATIONS
422
A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all
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legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC424
10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures
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Act,” provides further clarification on who the Legislative Operating Committee may direct complete
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a fiscal impact statement at various stages of the legislative process, as well as timeframes for
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completing the fiscal impact statement.
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 Conclusion. The Legislative Operating Committee received a fiscal impact statement from the
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Finance Administration on April 7, 2026.
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Title 1. Government and Finances – Chapter 121
Twahwistatye>n$tha>
We have a certain amount of money
BUDGET AND FINANCES
121.1. Purpose and Policy
121.2. Adoption, Amendment, Repeal
121.3. Definitions
121.4. Authority and Responsibilities
121.5. Budget
121.6. Expenditures and Assets

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121.7. Grants
121.8. Debts
121.9. Employment and Labor Allocations
121.10. Budget Contingency Planning
121.11. Reporting
121.12. Enforcement

121.1. Purpose and Policy
121.1-1. Purpose. The purpose of this law is to set forth the requirements to be followed by the
Oneida Business Committee and the Oneida fund units when preparing the budget to be presented
to the General Tribal Council for approval, and to establish financial policies and procedures for
the Nation which:
(a) institutionalize best practices in financial management to guide decision makers in
making informed decisions regarding the provision of services, implementation of business
plans for enterprises, investments, and capital assets;
(b) provide a long term financial prospective and strategic intent, linking budget
allocations to organizational goals, as well as providing fiscal controls and accountability
for results and outcomes;
(c) identify and communicate to the membership of the Nation spending decisions for the
government function, grant obligations, enterprises, membership mandates, capital
expenditures, technology projects, and capital improvement projects;
(d) establish a framework for effective financial risk management; and
(e) encourage participation by the Nation’s membership.
121.1-2. Policy. It is the policy of the Nation to rely on balanced-based budgeting strategies,
identifying proper authorities and ensuring compliance and enforcement. The Nation shall use
Generally Accepted Accounting Principles (GAAP), established by the Financial Accounting
Standards Board, and the Governmental Accounting Standards Board (GASB) in accounting and
reporting for the financial activities of the various entities of the Nation, unless they conflict with
applicable legal requirements.
121.2. Adoption, Amendment, Repeal
121.2-1. This law was adopted by the Oneida Business Committee by resolution BC-02-08-17C, and amended by resolutionresolutions BC-05-11-22-B., and BC-__-__-__-__.
121.2-2. This law may be amended or repealed by the Oneida Business Committee or the General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
121.2-3. 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.
121.2-4. 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 amends or repeals the

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requirements of resolution BC-10-08-08-A, Adopting Expenditure Authorization and Reporting
Requirements.
121.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
121.3. Definitions
121.3-1. 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) “Balanced budget” means that the cost of current expenses and service provisions is
equal to the forecasted current revenue sources.
(b) “Capital contribution” means an act of giving money or assets to a company or
organization.
(c) “Capital expenditure” means any non-recurring and non-physical improvement as
follows:
(1) Any item with a cost of five thousand dollars ($5,000) or more and a useful life
of one (1) year or more; or
(2) Items purchased together where none of the items individually costs more than
two thousand dollars ($2,000), but the total purchase price for all of the items is ten
thousand dollars ($10,000) or more.
(d) “Capital improvement” means a non-recurring expenditure for physical improvements,
including costs for:
(1) acquisition of existing buildings, land, or interests in land;
(A) Acquisition of existing buildings and land completed by the Oneida
Land Commission are not included in this definition.
(2) construction of new buildings or other structures, including additions and major
alterations;
(3) acquisitiondemolition of fixed equipment; an existing building or other
structures;
(4) landscaping;
(5) physical infrastructure; and
(65) similar expenditures with a cost of five thousand dollars ($5,000.00) or more
and a useful life of one (1) year or more.
(e) “CFO” means the Nation’s Chief Financial Officer, or their designee at their discretion.
(f) “Debt” means the secured or unsecured obligations owed by the Nation.
(g) “Debt Service Coverage Ratio” means a measurement of creditors available cash flow
to pay debt obligations. This ratio evaluates if an entity has income capacity to service
debts.
(h) “Enterprise” means any area or activity of the Nation that is engaged in for the business
of profit or to break even.
(i) “Executive Manager” means a position of employment within the Nation that is the
highest level in the chain of command under the Oneida Business Committee who is
responsible for a department or division of the Nation, as identified by the Oneida Business
Committee through the adoption of a resolution.
(j) “Expenditure report” means a financial report which includes, but is not limited to, a
statement of cash flows, revenues, costs and expenses, assets, liabilities, and a statement of
financial position.
(k) “Finance Administration” means the department of the Nation which consists of the
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Chief Financial Officer, Assistant Chief Financial Officer, the executive assistant to the
Chief Financial Officer, and any other designated employee.
(l) “Fiscal year” means the one (1) year period each year from October 1 st to September
30th.
(m) “Fixed Charge Coverage Ratio” means a measurement of a creditors capacity of
earnings level or ability to cover its fixed charges such as debt payments, interest expenses,
and leases expenses. Financial institutions will evaluate this ratio for purposes of credit
risk.
(n) “Fund unit” means any board, committee, commission, service, program, enterprise,
department, office, or any other division or non-division of the Nation which receives an
appropriation approved by the Nation.
(o) “Government service” means any area or activity of the Nation that is not expected to
create revenue for the Nation and not expected to make a profit at any time.
(p) “Line item” means the specific account within a fund unit’s budget or category that
expenditures are charged to.
(q) “Manager” means the person in charge of directing, controlling, and administering the
activities of a fund unit.
(r) “Nation” means the Oneida Nation.
(s) “Secretary” means the Oneida Nation Secretary, or their designee at their discretion.
(t) “Treasurer” means the Oneida Nation Treasurer, or their designee at their discretion.
121.4. Authority and Responsibilities
121.4-1. Oneida Business Committee. The Oneida Business Committee shall:
(a) oversee the development of the Nation’s budget;
(b) oversee the implementation of the Nation’s budget;
(c) develop priorities, a strategic plan, or broad goals to assist in guiding the budget; and
(d(c) exercise the authority provided in Article IV, Section 1, of the Constitution and
Bylaws of the Oneida Nation, as delegated to the Oneida Business Committee by the
General Tribal Council.
121.4-2. Treasurer. In accordance with the Constitution and Bylaws of the Oneida Nation, the
Nation’s Treasurer shall:
(a) accept, receive, receipt for, preserve and safeguard all funds in the custody of the
Nation, whether they be funds of the Nation or special funds for which the Nation is acting
as trustee or custodian;
(b) deposit all funds in such depository as the Nation shall direct and shall make and
preserve a faithful record of such funds;
(c) submit expenditure reports and other financial reports as deemed necessary by the
Oneida Business Committee or the General Tribal Council at:
(1) the annual General Tribal Council meeting;
(2) the semi-annual General Tribal Council meeting; and
(3) other such times as may be directed by the Oneida Business Committee or the
General Tribal Council; and
(d) present the proposed draft budget to the General Tribal Council at the annual budget
meeting.
121.4-3. Chief Financial Officer. The CFO shall:
(a) ensure the Nation’s budget is properly implemented;
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(a) report to the Oneida Business Committee and/or Executive Managers any expenditures
that do not follow budget guidelines or conform to the budget;
(b) provide managers with monthly revenue and expense reports;
(c) assist with the submission and presentation of the Treasurer’s report to the Oneida
Business Committee, which shall specifically include any monthly variances that are
either:
(1) a difference of three percent (3%) or more from the adopted annual budget; or
(2) fiftyone hundred thousand dollars ($50100,000) or more in total;
(d) provide the Oneida Business Committee with information and reports as requested;
(e) present the Treasurer’s report and hold financial condition meetings with the Nation’s
management on a minimum of a quarterly basis; and
(f) inform the appropriateOneida Business Committee of any Executive Manager of
anyManagers and/or fund unit which does not follow the budget development process
guidelines or deadlines as set forth by the Treasurer.
121.4-4. Managers. Managers shall:
(a) ensure that their business units operate, on a day-to-day basis, in compliance with the
budget adopted pursuant to this law;
(b) report to the CFO and their relevant Executive Manager explanations and corrective
actions for any monthly variance that is either:
(1) a difference of three percent (3%) or more from the adopted annual budget; or
(2) fiftyone hundred thousand dollars ($50100,000) or more in total;
(c) submit budget review reports to the CFO on a reasonable and timely basis not to exceed
thirty (30) calendar days from the end of the month; and
(d) submit a budget for their fund unit in accordance with the budget schedule and
guidelines as adopted by the Oneida Business Committee.
121.5. Budget
121.5-1. The Nation shall develop, adopt, and manage an annual budget. All revenues and
expenditures of the Nation shall be in accordance with the annual budget.
(a) The Nation’s budget shall be a balanced budget and not propose to spend more funds
than are reasonably expected to become available to the Nation during that fiscal year.
(1) Underwriting debt resources or the utilization of existing debt instruments shall
be expressly prohibited from use to balance the Nation’s annual operational budget.
(b) The budget shall align with any strategic plan, broad goals, or priorities developed and
adopted by the Oneida Business Committee on behalf of the Nation.
(c) The Nation’s corporate entities shall not be included in the Nation’s budget.
121.5-2. Content of the Budget. The Nation’s budget shall include the following information:
(a) Estimated revenues to be received from all sources; and
(b) The individual budgets of each fund unit;.
(c) A description of each line item within each fund unit’s budget;
(d) The estimated expenditures by each fund unit; and
(e) Summary of employment position counts including prior year, current year, and
budgeted year.
121.5-3. Fund Categories. The Nation’s budget shall include, but not be limited to, the following
categories of fund accounts:

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(a) General Fund. The General Fund account is the Nation’s main operating fund which
is used to account for all financial resources not accounted for in other funds.
(b) Permanent Executive ContingencyFinancial Sovereignty Fund. The Permanent
Executive ContingencyFinancial Sovereignty Fund account is used by the Nation to
prevent default on debt and to sustain operations and grants during times of extreme
financial distress.
(c) Grant Reserve Fund. The Grant Reserve Fund account is used by the Nation to prefund the expenditures of grants upon receipt.
121.5-4. Budget Adoption Procedure. The Nation shall develop and adopt its budget according
to the following procedures:
(a)
Budget Schedule and Guidelines. The Treasurer shall develop the necessary
guidelines, including specific timelines and deadlines, to be followed by the managers that
have budget responsibility in preparing and submitting proposed budgets. The Treasurer
shall submit the guidelines to the Oneida Business Committee for review and approval
through the adoption of a resolution no later than March 1st of each calendar year.
(1) The budget schedule and guidelines shall include at least one (1) opportunity
for community input from the Nation’s membership on what should be included in
the upcoming fiscal year budget.
(2) Each fund unit shall be responsible for complying with the budget schedule and
guidelines to submit a proposed budget to the Treasurer. The Finance
Administration shall not submit any budget on behalf of a fund unit unless granted
express permission from the Oneida Business Committee.
(3) The Oneida Business Committee shall set a deadline through the adoption of a
resolution for when the Treasurer shall submit their budget guidelines to the Oneida
Business Committee for review and approval.
(b) Annual Proposed Budgets. The TreasurerCFO shall receive, review, and compile the
proposed budgets from all the fund units into the Nation’s draft budget. The Treasurer and
CFO shall present the Nation’s draft budget to the Oneida Business Committee for review
each year to ensure that it is consistent with the Nation’s strategic plan, broad goals, and
budget strategy.priorities.
(1) Notification of Budget Increase or Decrease. The Treasurer shall identify in
the budget guidelines a percentage of an increase or decrease in a fund unit’s budget
from the prior year budget that is required to be noticed to the Oneida Business
Committee. The Treasurer shall notify the Oneida Business Committee of any fund
units whose proposed budget increased or decreased by this percentage.
(c) Final Draft Budget. The Oneida Business Committee shall work with the Treasurer,
CFO, and managers to compile a final draft budget to be presented to the General Tribal
Council. The Oneida Business Committee shall approve, by resolution, the final draft
budget to be presented to the General Tribal Council.
(d) Community Meetings. Once the Oneida Business Committee has approved the final
draft budget, the Treasurer shall hold, at a minimum, two (2) community informational
meetings to present the contents of the final draft budget that will be presented to the
General Tribal Council.
(e) Budget Adoption. The Oneida Business Committee shall present the budget to the
General Tribal Council with a request for adoption by resolution no later than September

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30th of each year. The General Tribal Council shall be responsible for adopting the
Nation’s budget.
(1) Continuing Budget Resolution. In the event that the General Tribal Council
does not adopt a budget by September 30th, the Oneida Business Committee may
adopt a continuing budget resolution for a period of time not to exceed three (3)
months, until such time as a budget is adopted by the General Tribal Council. If the
General Tribal Council does not adopt a budget within three (3) months of the
adoption of the continuing budget resolution, then the Oneida Business Committee
shall adopt the Nation’s budget.
(2) Emergency Budget Adoption. In the event that the Nation proclaims an
emergency, in accordance with the Emergency Management law, that stays in effect
for at least one (1) month and prevents the presentation to and adoption of the
budget by the General Tribal Council, the Oneida Business Committee shall adopt
the Nation’s budget.
121.5-5. Amendments to the Nation’s Budget. After the budget is adopted, amendments of the
budget shall not be permitted unless it is necessary to avoid a budget deficit. The Treasurer and
CFO shall identify when forecasted revenue and forecasted expenses are impacted in a manner
which creates a deficit for the current fiscal year. The CFO shall provide the Oneida Business
Committee a written fiscal analysis and any input on the potential budget amendment. The Oneida
Business Committee shall be responsible for adopting an amendment to the budget through
resolution of the Nation. The Oneida Business Committee shall present notification of the budget
amendment at the next available General Tribal Council meeting.
121.6. Expenditures and Assets
121.6-1. Procurement Rule Handbook. The Purchasing Department is delegated rulemaking
authority in accordance with the Administrative Rulemaking law to develop a Procurement Rule
Handbook which provides the sign-off process and authorities required to expend funds on behalf
of the Nation.
121.6-2. Authority to Expend Funds. The Oneida Business Committee shall have the authority to
expend appropriated funds in accordance with the Nation’s adopted budget pursuant to the
Procurement Rule Handbook developed by the Purchasing Department. The authority to expend
funds is then necessarily delegated to other managers, including Executive Managers of the Nation
who manage budgets pursuant to their job descriptions based on the Procurement Rule Handbook.
121.6-3.121.6-2. Procurement Rule Handbook. The Purchasing Department is delegated
rulemaking authority in accordance with the Administrative Rulemaking law to develop a
Procurement Rule Handbook which provides the sign-off process and authorities required to
expend funds on behalf of the Nation.
121.6-3. Fees and Charges. A program or service of the Nation funded through Tribal
contribution may charge fees for their services to cover operational costs.
(a) Before charging fees for services, a program or service shall first determine the full
cost of providing the program or service. The full cost of providing a program or service
includes all costs including operation costs, overhead such as direct and indirect costs, and
depreciation.
(b) Fees and charges may cover the full cost of service or goods whenever such fee or
charge would not present an undue financial burden to the recipient.

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(c) Programs and services charging fees may offer fee waivers, provided that the program
or service has developed a standard operating procedure which outlines fee waiver
eligibility and requirements.
121.6-4. Unbudgeted Expenditures.
(a) Approval of Unbudgeted Expenditures. A fund unit shall not make an unbudgeted
expenditure of two hundred and fifty thousand dollars ($250,000) or more unless approval
is granted by the Oneida Business Committee. The CFO shall provide the Oneida Business
Committee a written fiscal analysis and any input on the potential unbudgeted expenditure.
The Oneida Business Committee shall approve any unbudgeted expenditure through the
adoption of a resolution prior to the expenditure being made by a fund unit.
(b) Notification of Unbudgeted Expenditures. The Oneida Business Committee shall set
through resolution a threshold amount for unbudgeted expenditures that require
notification by the Oneida Business Committee to the General Tribal Council at the next
available General Tribal Council meeting.
(c) Unbudgeted Supplemental Funding. In the event that the Nation receives any
supplemental or emergency funding of two hundred and fifty thousand dollars ($250,000)
or more, the Oneida Business Committee shall develop and adopt, through resolution, a
spending plan to guide expenditures of the supplemental funding in accordance with any
provided guidance for the supplemental funding and audit compliance.
121.6-54. Obligated Future Expenditures. Notwithstanding an approved multi-year contract, no
fund unit shall obligate the Nation to make any future expenditures beyond the current budget year
unless the fund unit identifies, and the Oneida Business Committee approves through the adoption
of a resolution, the source and extent of any future funds that are recommended to be held in
reserve to meet that future obligation.
121.6-6. Unexpended Funds.
(a)5. Unexpended Capital Improvement Funds. Unexpended capital improvement funds shall
carry over toat the nextend of each fiscal year’s budgetyear and remain available for use, provided
that such funds are required to remain appropriated for the same purpose as originally budgeted
until the project is complete. Once a capital improvement project is complete, any remaining
unexpended funds shall be returned to the General Fund.
(b) Unexpended Capital Expenditure Funds. The Treasurer shall ensure that all
unexpended capital expenditure funds are reallocated to the fiscal year budget two (2) years
out from the fiscal year in which the funds were unexpended. Such unexpended funds shall
be returned to the General Fund.
121.6-76. Capital Contributions. Any capital contributions made by the Nation shall be identified
in the annual budget.
(a) Any reassignment of a loan provided by the Nation into a capital contribution shall be
noticed to the General Tribal Council.
121.6-87. Assets of the Nation shall not be divested, or borrowed against, to balance the annual
budget.
121.6-9. Capital Improvements.
(a) Capital Improvement Plan for Government Services. The Oneida Business Committee
shall develop, and the General Tribal Council shall approve, a capital improvement plan
for government services.
(1) The capital improvement plan for government services shall cover a period of
five (5) to ten (10) years and shall include any risks and liabilities.
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(2) The capital improvement plan for government services shall be reassessed once
every five (5) years. The Oneida Business Committee shall provide a status report
and recommendation for any improvements that have not been completed or that
have been modified at the time of the reassessment.
(b) Capital Improvement Plan for Enterprises. Capital improvement plans for enterprises
may be brought forward as needed, provided that the Oneida Business Committee shall
approve all capital improvement plans for enterprises.
(c) Capital Improvement Plan Implementation. Capital improvement plans for
government services and enterprises shall be implemented, contingent on available funding
capacity.
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121.7. Grants
121.7-1. Expending Grant Funds. Grant funds shall be expended according to any non-negotiable
grant requirements and guidelines of the granting agency.
(a) Grant funds may be utilized for, but not limited to, the following:
(1) purchases;
(2) travel;
(3) training;
(4) hiring grant required positions; and
(5) incentives and retention efforts; and
(6(5) any other requirements attached to the funds as a condition of the Nation’s
acceptance of the grant funds.
(b) Grant funds may be utilized for an expenditure even when other policies of the Nation
do not allow for Tribal contribution to make that same expenditure, if only grant funds are
utilized for the expenditure and all requirements or obligations of the grant are met.
Provided that, grant funds may be subject to the requirements of the budget contingency
plan and any cost containment initiatives adopted by the Oneida Business Committee.
121.7-2. Exhaustion of Non-Tribal Funds. When grant funds provide for forward funding as
applicable to a function for which the Nation’s funds have also been appropriated, those grant
funds shall be used before appropriating the Nation’s funds unless the Nation’s funds are needed
to make up an otherwise shortfall in the overall fund unit budget or there is a restriction on the
grant funds that provide otherwise.
121.7-3. Grant Reporting. At the time of submission of proposed annual budgets, any fund unit
which receives grant funding shall submit a status report of the grant funding received to the
Oneida Business Committee. The status report shall include, but not be limited to:
(a) information on the progress of the utilization of the grant funds;
(b) the number of employees the grant funding supports fully or partially; and
(c) compliance with obligations of the grant funding.
121.7-4. Grant Reserve Fund Account. The Oneida Business Committee shall maintain a Grant
Reserve Fund account within the ownership investment report to be used to pre-fund the
expenditures of grants upon receipt. The Grant Reserve Fund account shall be an obligated fund,
that is fully funded with separately identified cash resources.
(a) The Treasurer, in consultation with the CFO, shall establish, and the Oneida Business
Committee shall approve, the level of funds required in the Grant Reserve Fund account
relative to the scale of grant dollars we receive on an annual basis.
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(b) The Treasurer shall set aside funds within the budget in the Grant Reserve Fund account
until the established level has been achieved.
121.7-5.121.7-2. Grant Funded Positions. If the grant funding for a fully grant funded position
is eliminated, then the position shall be eliminated. To transition a position from grant funding to
being funded through the Nation’s budget, a manager shall follow the standard procedure for
seeking the development and approval of a new position in the Nation’s annual budget and labor
allocations.
121.8. Debts
121.8-1. General. The acquisition of debt by the Nation shall be processed in accordance with
sound fiscal diligence. The Nation shall comply with all relevant federal and state banking laws,
rules, and policies applicable to the credit agreement.
(a) Any debt instrument utilized by the Nation shall not exceed the life of what is being
encumbered.
121.8-2. Acquisition of Debt. Any debt underwritten by the Nation for ten million dollars
($10,000,000) or more shall be noticed to the General Tribal Council at the next available meeting
prior to the execution of the credit agreement encumbering all pledges of repayment.
(a) If emergency circumstances exist which prevents the notice of the acquisition of debt
to the General Tribal Council, the Oneida Business Committee may proceed with the
acquisition of debt.
(b) Prior to the acquisition of any debt, the Nation shall obtain an amortization schedule
for the repayment of the debt.
121.8-3. Use of Debt. Credit proceeds may be utilized for project capital, general use, financing
of equity, and all unspecified uses. Compliance with debt covenants is required to avoid credit
default.
121.8-4. Credit Ratios. Maintaining fiscally responsible prudent credit ratios is consistent with
effective budget management and financial control.
(a) Debt Service Coverage Ratio. The Debt Service Coverage Ratio shall not exceed the
acceptable range as defined by low-risk debt financing options at the specific financial
institution.
(b) Fixed Charge Coverage Ratio. The Fixed Charge Coverage Ratio shall be maintained
at the acceptable range as defined by low-risk debt financing options at the specific
financial institution.
121.8-5. Corporate Debt. The Nation shall not be obligated to any debt obligations of its corporate
entities.
121.9. Employment and Labor Allocations
121.9-1. Employment Cap. The Treasurer and CFO shall identify a maximum number of fulltime equivalent (FTE) employees to be employed by the Nation. The Oneida Business Committee
shall have the authority to approve this employment cap, and any amendments thereto, through the
adoption of a resolution. The employment cap shall be reviewed annually by the Oneida Business
Committee.
(a) Employment positions that are fully funded through grants shall not be included in the
employment cap.
(b(a) The Nation shall not exceed the number of FTE employees identified in the
employment cap.
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121.9-2. Labor Allocations List. The Treasurer, CFO, Executive Managers, and the Executive
Human Resources Director shall utilize the Nation’s employment cap to develop a labor
allocations list. The labor allocations list shall identify the number of FTE employees each
employment area of the Nation is allocated. The Oneida Business Committee shall have the
authority to adopt the labor allocation list, and any amendments thereto, through the adoption of a
resolution. The Oneida Business Committee shall review the labor allocations list on an annual
basis.
(a) The total number of FTE employees identified in the labor allocations list shall not
exceed the Nation’s employment cap.
(b) The Treasurer, CFO, Executive Managers, and Executive Human Resources Director
shall develop a standard operating procedure which identifies a process for the
consideration of requests to revise the labor allocations list. The Oneida Business
Committee shall approve this standard operating procedure, and any amendments thereto,
through the adoption of a resolution.
121.9-3. Unbudgeted Positions. Any position which has not been specifically budgeted for and
included in the labor allocation list shall be prohibited. Budgeted labor dollars and approved
positions shall not be transferrable in any form.
(a) Exception. The Oneida Business Committee may authorize an unbudgeted position for
a fund unit. The CFO shall provide the Oneida Business Committee a written fiscal analysis
and any input on the potential unbudgeted position. The Oneida Business Committee shall
authorize the unbudgeted position through the adoption of a resolution.
121.10. Budget Contingency Planning
121.10-1. Budget Contingency Plan. The Oneida Business Committee shall work with the CFO,
Executive Managers, and managers to create a budget contingency plan which provides a strategy
for the Nation to respond to or prepare for potential extreme financial distress that could negatively
impact the Nation.
(a) Extreme financial distress includes, but is not limited to:
(1) natural or human-made disasters;
(2) United States Government shutdown;
(3) emergency proclamations; and
(4) economic downturns.
(b) The Oneida Business Committee shall approve the budget contingency plan, and any
amendments thereto, through the adoption of a resolution.
121.10-2. Cost Saving Tools. As part of the budget contingency plan, the Oneida Business
Committee may require the use of cost saving tools, provided that the use of such complies with
all laws of the Nation. Cost saving tools may include, but are not limited to, the use of the
following:
(a) stabilization funds;
(b) reductions of expenditurescost optimization;
(c) furloughs; and
(d) layoffs.
121.10-3. When the Oneida Business CommitteeCFO determines that the Nation is under extreme
financial distress, or may face extreme financial distress in the near future, the CFO shall inform
the Oneida Business Committee, and the Oneida Business Committee shall be responsible for
implementing the budget contingency plan.
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121.10-4. Permanent Executive ContingencyFinancial Sovereignty Fund Account. The Oneida
Business Committee shall maintain a Permanent Executive ContingencyFinancial Sovereignty
Fund account within the ownership investment report to be used to prevent default on debt and to
sustain operations, including grant operations, during times of extreme financial distress. The
Permanent Executive ContingencyFinancial Sovereignty Fund account shall be a restricted fund.
(a) The Permanent Executive ContingencyFinancial Sovereignty Fund account shall
consist of a minimum reserve of one (1) year of operating expenses to ensure continuity of
business for the Nation.
(b) The Treasurer, in consultation with the CFO, shall establish, and the Oneida Business
Committee shall approve through the adoption of a resolution, the percentage of the annual
budget that shall be set aside in the Permanent Executive ContingencyFinancial
Sovereignty Fund account until the established level has been achieved.
(c) Funds in the Permanent Executive ContingencyFinancial Sovereignty Fund account
may only be used when the Oneida Business Committee has determined that the Nation is
under extreme financial distress for the following purposes and only to the extent that
alternative funding sources are unavailable:
(1) payments to notes payable to debt service, both principal and interest, and
applicable service fees;
(2) employee payroll, including all applicable taxes;
(3) payments to vendors for gaming and retail;
(4) payments to vendors for governmental operations;
(5) payments to any other debt; and
(6) to sustain any of the Nation’s other operations during implementation of the
budget contingency plan.
121.11. Reporting
121.11-1. Monthly Reporting. The Treasurer shall provide monthly reports and quarterly
operational reports from direct reports to the Oneida Business Committee in accordance with the
Secretary’s Oneida Business Committee packet schedule for the Oneida Business Committee
meeting held for the acceptance of such reports.
(a) The Treasurer’s monthly reports shall include revenue and expense summaries.
121.11-2. Annual and Semi-Annual Reporting to the General Tribal Council. The Treasurer shall
report on all receipts and expenditures and the amount and nature of all funds in their possession
and custody, at the annual and semi-annual General Tribal Council meetings, and at such other
times as requested by the General Tribal Council or the Oneida Business Committee.
(a) The Treasurer reports shall include an independently audited annual financial statement
that provides the status or conclusion of all the receipts and debts in possession of the
Treasurer including, but not limited to, all corporations owned in full or in part by the
Nation.
121.11-3. Audits. The Internal Audit Department, annually, shall conduct independent
comprehensive performance audits, in accordance with the Nation’s Audit law, the Financial
Accounting Standards Board (FASB) and the Governmental Accounting Standards Board
(GASB), of randomly selected fund units or of fund units deemed necessary by the Oneida
Business Committee or Internal Audit Department. Each fund unit shall offer its complete
cooperation to the Internal Audit Department. The Oneida Business Committee may, as it deems
necessary, contract with an independent audit firm to conduct such audits.
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121.12. Enforcement
121.12-1. Compliance and Enforcement. All employees and officials of the Nation shall comply
with and enforce this law to the greatest extent possible.
(a) The Executive Managers shall notify the Oneida Business Committee of any fund unit
which does not comply with the budget schedule or guidelines. A list of any fund units of
an elected entity which did not comply with the budget schedule or guidelines shall be
included in the annual report to the General Tribal Council.
121.12-2. Violations. Violations of this law shall be addressed using the applicable enforcement
tools provided by the Nation’s laws and policies including, but not limited to, those related to
employment with the Nation, conflicts of interest, ethics, and removal from an elected position.
121.12-3. Civil or Criminal Charges. This law shall not be construed to preclude the Nation from
pursuing civil or criminal charges under applicable law. Violations of applicable federal or state
civil or criminal laws, or any laws of the Nation, may be pursued in a court having jurisdiction
over any such matter.
End.
Adopted – BC-02-08-17-C
Emergency Amended – BC-11-24-20-E
Emergency Amended – BC-05-12-21-C
Emergency Extension – BC-11-10-21-B
Amended – BC-05-11-22-B
Emergency Amended – BC-10-26-22-D (Expired)
Amended – BC-__-__-__-__

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Title 1. Government and Finances – Chapter 121
Twahwistatye>n$tha>
We have a certain amount of money
BUDGET AND FINANCES
121.1. Purpose and Policy
121.2. Adoption, Amendment, Repeal
121.3. Definitions
121.4. Authority and Responsibilities
121.5. Budget
121.6. Expenditures and Assets

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121.7. Grants
121.8. Debts
121.9. Employment and Labor Allocations
121.10. Budget Contingency Planning
121.11. Reporting
121.12. Enforcement

121.1. Purpose and Policy
121.1-1. Purpose. The purpose of this law is to set forth the requirements to be followed by the
Oneida Business Committee and the Oneida fund units when preparing the budget to be presented
to the General Tribal Council for approval, and to establish financial policies and procedures for
the Nation which:
(a) institutionalize best practices in financial management to guide decision makers in
making informed decisions regarding the provision of services, implementation of business
plans for enterprises, investments, and capital assets;
(b) provide a long term financial prospective and strategic intent, linking budget
allocations to organizational goals, as well as providing fiscal controls and accountability
for results and outcomes;
(c) identify and communicate to the membership of the Nation spending decisions for the
government function, grant obligations, enterprises, membership mandates, capital
expenditures, technology projects, and capital improvement projects;
(d) establish a framework for effective financial risk management; and
(e) encourage participation by the Nation’s membership.
121.1-2. Policy. It is the policy of the Nation to rely on balanced-based budgeting strategies,
identifying proper authorities and ensuring compliance and enforcement. The Nation shall use
Generally Accepted Accounting Principles (GAAP), established by the Financial Accounting
Standards Board, and the Governmental Accounting Standards Board (GASB) in accounting and
reporting for the financial activities of the various entities of the Nation, unless they conflict with
applicable legal requirements.
121.2. Adoption, Amendment, Repeal
121.2-1. This law was adopted by the Oneida Business Committee by resolution BC-02-08-17C, and amended by resolutions BC-05-11-22-B, and BC-__-__-__-__.
121.2-2. This law may be amended or repealed by the Oneida Business Committee or the General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
121.2-3. 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.
121.2-4. 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 amends or repeals the

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requirements of resolution BC-10-08-08-A, Adopting Expenditure Authorization and Reporting
Requirements.
121.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
121.3. Definitions
121.3-1. 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) “Balanced budget” means that the cost of current expenses and service provisions is
equal to the forecasted current revenue sources.
(b) “Capital contribution” means an act of giving money or assets to a company or
organization.
(c) “Capital expenditure” means any non-recurring improvement as follows:
(1) Any item with a cost of five thousand dollars ($5,000) or more and a useful life
of one (1) year or more; or
(2) Items purchased together where the total purchase price for all of the items is
ten thousand dollars ($10,000) or more.
(d) “Capital improvement” means a non-recurring expenditure for physical improvements,
including costs for:
(1) acquisition of existing buildings, land, or interests in land;
(A) Acquisition of existing buildings and land completed by the Oneida
Land Commission are not included in this definition.
(2) construction of new buildings or other structures, including additions and major
alterations;
(3) demolition of an existing building or other structures;
(4) physical infrastructure; and
(5) similar expenditures with a cost of five thousand dollars ($5,000) or more and
a useful life of one (1) year or more.
(e) “CFO” means the Nation’s Chief Financial Officer, or their designee at their discretion.
(f) “Debt” means the secured or unsecured obligations owed by the Nation.
(g) “Debt Service Coverage Ratio” means a measurement of creditors availab

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Acbd096c1f1e527ec. Public record. Not legal advice.
