# Oneida Business Committee (2026)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ace53509cde970f62

## 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

~
ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
REVISED
Business Committee Conference Room - 2nd Floor Norbert Hill Center
March 4, 2026
9:00 a.m.
I.

Call to Order and Approval of the Agenda

II.

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

III.

Current Business
1. Elder Protection Law (pg. 4)
2. Uniform Commercial Code (pg. 30)
3. Real Property Law Amendments (pg. 92)
4. Higher Education Scholarship Law (pg. 194)
5. Recycling and Solid Waste Disposal Law Amendments (pg. 241)
6. Eviction and Termination Law Amendments (pg. 277)
7. Petition: G. Powless-Buenrostro – Accountability Measure Options for BC and BCC’s
#2025-04 (pg. 321)
8. Petition: G. Powless-Buenrostro – Amend the Administrative Rulemaking Law #2025-05
(pg. 332)
9. Budget and Finances Law Amendments (pg. 343)

IV.

New Submissions

V.

Additions

VI.

Administrative Updates
1. E-Poll Results: Safe Neighborhoods Law Emergency Adoption (pg. 372)

VII.

Executive Session

VIII. Recess/Adjourn

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

2 of 403

Oneida Nation

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Oneida Business Committee
Legislative Operating Committee

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PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
February 18, 2026
9:00 a.m.
Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Jonas Hill
Unexcused: Marlon Skenandore
Others Present: Grace Elliott, Carolyn Salutz
Others Present on Microsoft Teams: Rae Skenandore, Jeremy King, Ashley Blaker, Barbara
Webster, Eric Boulanger, Janice Decorah, Mark Powless Sr, Joshua Cornelius, Debra Powless, David Jordan, Rhiannon Metoxen, Clorissa Leeman, Kaylynn Beily, Jason Martinez, Taryn Webster,
Trina Schuyler, Fawn Billie, Kristal Hill, Tavia James-Charles, Lauren Hartman, Fawn Cottrell,
Peggy Helm-Quest, Melissa Alvarado.
I.

Call to Order and Approval of the Agenda
Jameson Wilson called the February 4, 2026, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Jennifer Webster to adopt the agenda; seconded by Jonas Hill. Motion carried
unanimously.

II.

Minutes to be Approved
1. February 4, 2026 LOC Meeting Minutes
Motion by Kirby Metoxen to approve the February 4, 2026, LOC meeting minutes and
forward to the Oneida Business Committee; seconded by Jennifer Webster. Motion carried
unanimously.

III.

Current Business
1. Eviction and Termination Law
Motion by Jonas Hill to approve the Legislative Analysis of the Eviction and Termination
law; seconded by Jennifer Webster. Motion carried unanimously.

IV.

New Submissions
1. Oneida General Welfare Law Amendments
Motion by Jennifer Webster to add the Oneida General Welfare Law Amendments to the
Active Files List with Jameson Wilson and Jonas Hill as the sponsors; seconded by Kirby
Metoxen. Motion carried unanimously.

"'

a=ka, which includes:
(a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us.
(b) Kanolukhw@sla. Compassion, caring, identity, and joy of being.
(c) Ka>nikuhli=y%. The openness of the good spirit and mind.
(d) Ka>tshatst^sla. The strength of belief and vision as a People.
(e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future.
(f) Twahwahts$laya=ka, includes:
(a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us.
(b) Kanolukhw@sla. Compassion, caring, identity, and joy of being.
(c) Ka>nikuhli=y%. The openness of the good spirit and mind.
(d) Ka>tshatst^sla. The strength of belief and vision as a People.
(e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future.
(f) Twahwahts$lay Ni>yohuntsya=t#

The real/certain laws of the territory of the nation
REAL PROPERTY
601.1.
601.2.
601.3.
601.4.
601.5.
601.6.
601.7.

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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
General Provisions
Holding of Ownership Organization
Legal DescriptionsHolding of Ownership
Legal Descriptions

601.78. Title TransferTitle Transfer
601.89. ProbateLeasing of Real Property
601.910. Leasing of Real PropertyTrespass
601.10.11.
Records
601.121.
Real Estate Education Requirements and
Certifications
601.1213.
OrganizationEnforcement

601.1.
Purpose and Policy
601.1-1. Purpose. The purpose of this law is to provide regulations and procedures for the
transfer, control and management of the territory within the Reservation and all Tribal land; and
to integrate these regulations and procedures with the real property laws and practices of other
federal and state sovereigns which may hold concurrent jurisdiction. within the Reservation.; and
to establish licensing and certification requirements for the Nation’s employees dealing with real
property transactions.
601.1-2. Policy. It is the policy of the Nation to set out the responsibilities and expectations for
persons purchasing and/or managing real property on behalf of the Nation and/or within the
Reservation and to provide real property holder’s rights and responsibilities.
In addition, it is the Nation’s policy that probated estates shall be settled expeditiously and without
undue delay.
601.2.
Adoption, Amendment, Repeal
601.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-29-96-A
and amended by resolutions BC-3-01-06-D, BC-04-28-10-E, BC-02-25-15-C, BC-05-13-15-B and
BC-02-08-17-A, and BC-05-09-18-A and BC-xx-xx-xx-x.
601.2-2. This law may be amended or repealed by the Oneida Business Committee pursuant to
the procedures set out in the Legislative Procedures Act.
601.2-3. 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.
601.2-4. 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, the Land Ordinance is applicable only to
valid land assignments existing as of January 1, 2016 and is hereby repealed upon the expiration
of the last existing land assignment.
601.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
601.3.
Definitions
601.3-1. 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, subject to 601.4-5.
(a) “Broker” means a person who acts as an agent and negotiates the sale, purchase or
rental of real property on behalf of others for a fee.
6 O.C. 601 – Page 1

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(ab) “Certified survey map” means a map which provides the legal description of real
property and is officially filed and approved by the county, Tribal or municipal
governments.
(bc) “Comprehensive Housing Division” means the division within the Nation under the
direction of the Comprehensive Housing Division Director which consists of all residential
services offered by the Nation, including but not limited to, all rental programs, residential
leasing, the rent-to-own program, and the residential sales and mortgages programs.
(c) “Deed” means the formal document used to transfer title from one (1) party to another.
(d) “Easement” means a real property right to cross or otherwise utilize the land of another
for a specified purpose and duration with just compensation.
(e) “Estate” means a person’s interest in real property or other property.
(f) “Fiduciary” means a person required to act for the benefit of another person on all
matters within the scope of their relationship and by such a relationship owes another duties
of good faith, trust, confidence and candor. For the purposes of this law, both brokers and
salespersons are “fiduciaries.”
(g) “Guardian ad litem” means a guardian appointed by the Judiciary on behalf of an
incompetent or minor party.
(eh) “Individual fee land” means real property held in fee status by an individual or group
of individuals.
(fi) “Individual trust land” means individual Tribal land real property held in trust status
by the United States of America for the benefit of a Tribal member of a federally recognized
Indian tribe.
wherein w and
(gj) “Judiciary” means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and
responsibilities of the Nation.
(hk) “Land Management” means the entity within the Nation responsible for maintaining
the Oneida Nation Register of Deeds, entering into and administering agricultural and
commercial leases on behalf of the Nation, processing trust transactions and land
acquisition transactions, and for fulfilling other responsibilities as identified within this
law. Is the custodian of land records manages that is the caretaker and manager of the
Nation’s agricultural,land’s commercial and leasing portfolios , responsible for entering
into leases and performs all land acquisitions on behalf of the Nation. Land Management
reports to the Division Director of the Environmental, Land and Agricultural Division.
(il) “Land use license” means an agreement entered into by the Nation providing a party
the right to occupy and/or utilize a specified piece of Tribal land for a specific purpose and
a temporaryspecific duration, which may require the Nation to be compensated for such
use.
(jm) “Leasehold mortgage” means a mortgage, deed of trust, or other instrument that
pledges a lessee’s leasehold interest as security for a debt or other obligation owed by the
lessee to a lender or other mortgagee.
(kn) “Nation” means the Oneida Nation.
(o) “Personal representative” means a person to whom authority to administer a decedent’s
estate have been granted by Land Management or the Judiciary.
(p) “Probate” or “Administration” means any proceeding relating to a decedent’s estate,
whether there is or is not a will.
(lq) “Real property” means land and anything growing on, attached to, or erected on the
land, excluding anything that may be severed without injury to the land.
6 O.C. 601 – Page 2

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(mr) “Reservation” means all the property within the exterior boundaries of the
Reservation of the Oneida Nation, as created pursuant to the 1838, Treaty with the Oneida,
7 Stat., 566, and any lands added thereto pursuant to federal law.
(ns) “Restricted fee status” or “Restricted fee” means an interest in real property which
includes a provision in the deed or will that, upon the happening or failure to happen of a
certain event, the title of the purchaser or devisee shall be limited, enlarged, changed or
terminated. title to the land is held by an individual Indian person or a tribe and can only
be alienated or encumbered by the owner with the approval of the Secretary of the Interior
because of limitations imposed under federal law.
(ot)
“Rule” means a set of requirements, including fee schedules, enacted by the
Comprehensive Housing Division, Land Management, Oneida Planning Department
and/or the Oneida Land Commission Tribal entities in accordance with this law and the
Administrative Rulemaking law, based on authority delegated in this law in order to
implement, interpret and/or enforce this law.
(p) “Senior management” means the highest level positions employed by the Nation in the
non-enterprise chain of command under the Oneida Business Committee.
(qu) “TAAMS” (Trust Asset and Accounting Management System) means the Bureau of
Indian Affairs system for maintaining and tracking land title documents and all legal
documents relating to land transactions.
(rv)“Title status report” means a report issued by the Bureau of Indian Affairs after a title
examination of trust land which shows the proper legal description of a tract of Tribal land;
current ownership, including any applicable conditions, exceptions, restrictions or
encumbrances on records; and whether the land is in unrestricted, restricted, trust, or other
status generated in TAAMS. as indicated by the records in a Land Titles and Records
Office.
(s) “Title report” means a report issued after a title examination of the Nation’s and
applicable counties land records which shows the proper legal description and includes any
applicable conditions, exceptions, restrictions or encumbrances.
(tw) “Tribal fee land” means land held in fee status by the Nation.
(ux) “Tribal land” means Tribal fee land and/or Tribal trust land.
(vy) “Tribal member” means an individual who is an enrolled member of the Nation.
(wz) “Tribal trust land” means the surface estate of land or any interest therein held by the
United States in trust for the Nation; land held by the Nation subject to federal restrictions
against alienation or encumbrance; land reserved for federal purposes; and/or land held by
the United States in trust for the Nation under Section 17 of the Indian Reorganization Act,
25 U.S.C §477, et. seq.
601.4.
General Provisions
601.4-1. Applicable Real Property. The provisions of this law extend to all Tribal member’s
individual fee land and individual trust land within the Reservation boundaries and all Tribal land.
601.4-2. Tribal Land Base. Land Management shall administer all transactions which add real
property to the Tribal land base under the provisions of this law.
601.4-23. Sale of Tribal Land Prohibited. The sale of Tribal land located within twenty-five (25)
miles of the exterior boundaries of the Reservation is specifically expressly prohibited, by this law,
unless the intent of except under the following circumstances:
(a) Tthe transaction is intended tothe consolidateion or partition of Tribal trust land and/or
individual trust land.
6 O.C. 601 – Page 3

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(b) The land is located off the Reservation but within twenty-five (25) miles of the exterior
boundaries of the Reservation, and the sale is approved by formal resolution of the Oneida
Business Committee.
601.4-34.
New Land Assignments Prohibited. The Nation may not acknowledge any new land
assignments. Further, in order to be eligible for a Tribal loan issued against a real property interest
held as a land assignment, the land assignment shall first be converted to a residential lease.
601.4-5. Wisconsin Probate Code and its Related Chapters. In instances where the Nation lacks
definition, procedure, or legal precedent in a probate matter, the Nation shall use Wisconsin’s
Probate Code and its related chapters for guidance.
601.4-56. Wisconsin Real Property Law. The Nation shall follow all applicable portions of the
Wisconsin Real Property law when acquiring individual fee land.
601.4-47. No Waiver of Sovereign Immunity. Nothing in this law may be construed as a waiver of
the Nation’s sovereign immunity.
601.5.
Organization
601.5-1. Comprehensive Housing Division. The Comprehensive Housing Division shall oversee
all residential transactions on Tribal Land within the Reservation and shall process and administer
such transactions using the applicable sections of the Landlord-Tenant law, the Mortgage and
Foreclosure law, the Leasing law and/or the Eviction and Termination law; including any
corresponding rules. In addition, the Oneida Land Commission and the Comprehensive Housing
Division shall exercise joint rulemaking authority to provide process requirements, including but
not limited to advertising, notice, prequalification, and selection, that apply in all circumstances
when the Nation is selling a residential property improvement.
601.5-2. Oneida Land Commission. The Oneida Land Commission is comprised of seven (7)
elected Tribal members and shall:
(a) Interpret the provisions of this law and create policy as needed to guide Land
Management in implementing the same;
(b) Approve or deny all easements and land use licenses;
(a) Approve or deny all acquisition of Tribal land provided that the Land Commission may
delegate acquisition sign-off authority to the Environmental, Land and Agricultural
Division Director pursuant to Land Commission resolution; and
(b) Name all buildings, roads, parks and the like on Tribal land.
(c) Review and adopt Land Management’s standard operating procedures for entering into
agriculture and commercial leases pursuant to the Leasing law;
(d) Approve or deny all acquisition of Tribal land;
(e) Allocate and assign land uses to all Tribal land, except those uses governed by the
Public Use of Tribal Land law, based on the Land Use Technical Unit rules which the
Oneida Planning Department shall develop in collaboration with affected Oneida divisions
and departments and the Oneida Land Commission; and
(f) Name all buildings, roads, parks and the like on Tribal land.
601.512-3. Land Management. Land Management shall implement this law in accordance with
the policy directives provided by the Oneida Business Committee and senior management Oneida
Land Commission. Land Management shall:
(a) Forward requests for easements and land use licenses to the Oneida Land Commission
based on the easement and land use license rules jointly developed by Land Management
and the Oneida Land Commission;
(a) Interpret the provisions of this law and create policy as needed;
(b) Exercise rulemaking authority pursuant to the Administrative Rulemaking Law to:
6 O.C. 601 – Page 4

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(1) Clearly describe the process and procedure for approving agriculture and
commercial leases.
(2) Create a fine and penalty schedule for violations of this law and its
corresponding rules; and
(3) Any other rule needed to implement or interpret the provisions of this law.
(4) Provided that, such rules shall be approved by senior management prior to their
submission to the Legislative Operating Committee pursuant to the Administrative
Rulemaking Law.
(cb) Administer and oversee the Oneida Nation Register of Deeds and any other trust title
responsibilities;
(dc) Enter into and administer agricultural and commercial leases pursuant to the Leasing
law and the Eviction and Termination law and any corresponding rules;
(ed) Prepare title reports and process trust transactions; and
(fe) Process land acquisition transactions as approved by the Oneida Land Commission.
(g) Manage the Tribal land portfolio and act as the caretaker of all unassigned lands.
(h) Process requests for easements and land use licenses.
(i) Administer all internal building and land assignments to internal entities of the Nation
as approved by senior managementthe Oneida Land Commission.;
(j) Administer all transactions which add real property to the Tribal land base under the
provisions of this law.;
Prepare and disseminate information related to probate administration to the community;
(k) Prepare and maintain title reports and accurate land records.
(l) Perform real estate services for individual trust landowners in accordance with the selfgovernance compact to include collection and submittal of required documents for the
Bureau of Indian Affairs to review and approve easements, conveyances and other real
estate transactions.;
(m) Process compile and submit the Nation’s fee to trust applications in accordance with
the priorities approved by senior management the Oneida Land Commission.
(n) Determine which Tribal land will be posted and ensure the appropriate signs are posted.
601.65. Holding of Ownership
601.65-1. Interests in real property by more than one (1) person may be held in the following ways:
(a) Joint Tenancy with the Right of Survivorship. Pursuant to this ownership mechanism
each owner has an equal, undivided interest in the real property. When an owner dies,
theirhis/her share is divided among the remaining owners; the last living owner owns the
entire property.
(1) Real property owned by married persons is held under this mechanism unless
they have executed a valid marital property agreement specifically stating that the
real property in question is held as tenants in common.
(b) Tenancy in Common. Pursuant to this ownership mechanism each owner has a
percentage of divided interest in the real property. When an owner dies, theirhis/her interest
is divided among theirhis/her devisees or heirs.
(1) Real property owned by more than one (1) person, other than married persons,
is owned under this mechanism unless a deed or transfer document specifically
states the real property is held as joint tenants with rights of survivorship.

6 O.C. 601 – Page 5

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601.76. Legal Descriptions
601.76-1. Legal descriptions defining land boundaries shall be complete, providing unequivocal
identification of line or boundaries.
601.7-2 The legal description for any real property transferred under this law shall be derived
from a certified survey map or survey completed by a registered land surveyor according to
currently accepted minimum industry standards for property surveys. If the plat of survey changes
the legal description of the certified survey map for the same piece of property, the certified survey
map’s legal description shall be used on transfer documents along with the survey description,
which shall be designated as “Also Known As ...” Section, township, range and fourth principal
meridian shall be included in all legal descriptions.
601.76-32.
Every land survey shall be made in accordance with the Oneida Nation Register of
Deeds’ recording standards for Tribal trust or restricted fee lands and individual trust lands ,with
the county register of deeds’ records for fee land, and in accordance with the Bureau of Indian
Affairs Land Titles and Records Office recording standards. Oneida Nation Register of Deeds’
records for Tribal trust lands and individual trust lands. The surveyor shall acquire data necessary
to retrace record title boundaries such as deeds, maps, certificates of title, title status reports, Tribal
leases, Tribal home purchase agreements, center line and other boundary line locations.
601.6-3. Legal descriptions defining land boundaries shall be complete, providing unequivocal
identification of line or boundaries.
601.76-4.
All surveys prepared for the Nation shall comply with survey requirements outlined
in the Wisconsin Administrative Code, Chapter A-E7 and indicate setbacks, building locations and
encroachments, as applicable.
601.76-5. Legal descriptions shall be used on transfer documents formalizing all acquisitions of
land, purchase, real estate sale, lease, foreclosure, probate transfer, trust or restricted fee
acquisitions. and Tribal resolutions.
601.6-6. When real estate is listed, noticed and/or advertised as available for sale, rent or lease to
Tribal members, the address is an adequate legal description of the real property.
601.87. Title Transfer
601.87-1.
Trust Acquisition. Land Management shall use title companies duly registered
with the Department of Interior and approved by the Land Management to update abstracts or
provide title insurance on real property scheduled for trust or restricted fee acquisition.
(a) (a) Title companies shall follow general guidelines provided by the federal government
in terms of form, content, period of search, destroyed or lost records and abstracter’s
certificate.Land Management applications to convert Tribal fee land into trust land or
restricted fee land shall comply with all applicable federal requirements.
(b) When researching land title for real property within the Reservation which is being
considered for trust acquisition, Land Management shall request the title company to search
the title back to the original allottee, in order to ensure that patents or Indian deeds were
legally issued.
(c) Any valid liens or encumbrances shown by the commitment for title insurance shall be
eliminated before the title is transferred into trust.
(d) After land is in trust or restricted fee status Land Management shall request a both a
title search of county records and a title status report and title report requested by Land
Management from the Bureau of Indian Affairs shall verify all valid encumbrances, if any,
on the title. For the purposes of this section, a valid encumbrance is one that has been
preapproved, in writing, by the Nation in accordance with applicable requirements. Land
6 O.C. 601 – Page 6

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Management based on a standard operating procedure that is effective upon approval by
the Oneida Land Commission.
(e) Land Management applications to convert Tribal fee land into Tribal trust land require
an Oneida Land Commission resolution approving the conversion. Land management shall
comply with all applicable requirements for converting fee land to trust land.
601.87-2. Deeds. A deed is the formal document used by the Land Management to transfer title
from one (1) party to another. Valid deeds shall:
(a) A valid deed shall Fee Deeds:
(1) Be in writing;
(2) Identify the grantor (seller) and grantee (buyer);
(3) Provide the legal description of the real property;
(4) Identify the interest conveyed, as well as any conditions, reservations,
exceptions, or rights of way attached to the interest;
(5) Be signed by or on behalf of each of the grantors (sellers);
(6) Be signed by or on behalf of each spouse of each of the grantors (sellers), if
applicable; and
(7) Be delivered to the grantee (buyer).
(b) Trust Deeds and/or Restricted fee Deeds. In addition to the requirements listed in
section 601.7-2(a), a deed prepared for trust or restricted fee acquisition shall include:
comply with all applicable federal laws and guidelines.
(1) The federal authority for trust acquisition;
(2) Any exceptions or exclusions from the State of Wisconsin’s fees or other
transfer requirements;
(3) The approximate acreage of the real property being transferred to trust; and
(4) The authority and signature of the appropriate Department of Interior official
who accepts the real property into trust.
(c) Requirement to record. A deed transferring fee simple title shall be recorded in the
appropriate register of deeds office, provided that, once the real property is in trust, the title
shall be recorded with the Oneida Nation Register of Deeds and the Bureau of Indian
Affairs Land Titles and Records Office.provided that any trust or restricted fee deeds shall
comply with any additional federal recording requirements.
601.87-3. Involuntary Transfer of Title. All involuntary transfers of title require a hearing and
order from the Judiciary, and may occur in the following ways:
(a) Eminent Domain. Eminent domain is the right of the Nation’s government to acquire
Tribal member individual fee land within the Reservation for public uses without the
consent of private owners.
(1) For the purposes of this section, public uses include, but are not limited to,
environmental protection, streets, highways, sanitary sewers, public utility/sites,
waste treatment facilities and public housing.
(2) Prior to exercising eminent domain, the Nation shall first attempt to negotiate
an agreeable taking by making an offer to purchase based on an appraisal of the
real property. The appraisal amount may be based on an appraisal provided by the
Nation. In the event the property owner objects to the Nation’s appraisal, they may
obtain an independent appraisal at their own cost. For the purposes of this section,
an appraisal means process for estimating a piece of real property’s value.
(3) The Nation’s exercise of eminent domain shall be limited to a right of last resort.
Parties contesting authority or consideration as related to the Nation’s exercise of
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eminent domain may contest the acquisition by filing a complaint with the Oneida
Judiciary and may be appealed to the Judiciary.
(b) Foreclosure. Foreclosures may occur subject to the Mortgage and Foreclosure law
when a Tribal member ceases payment on a leasehold mortgage.
(c) Tribal Land Consolidation. The Nation may acquire land in compliance with Section
207 of the Indian Land Consolidation Act. (Pub.L. No. 97-459, 96 Stat. 2515, and amended
on October 30, 1984 by Pub.L. No. 98-608, 98 Stat. 3171) is incorporated into this law,
which provides a mechanism for real property within the Reservation to escheat, or pass,
to the Nation.
(1) Pursuant to section 207 of the Indian Land Consolidation Act, an ownership
interest in real property escheats, or passes, to the Nation under the following
circumstances, provided that the Nation shall provide just compensation for the
interest:
(A) The real property is within the Reservation boundaries;
(B) The decedent’s ownership in the given parcel of land is two percent
(2%) or less of the total acreage; and
(C) The interest is incapable of earning one hundred dollars ($100) in any
one (1) of the five (5) years immediately following the decedent’s death.
(2) A decedent’s heirs may appeal a land consolidation under this section to the
Judiciary.
(3) Land consolidation is subject to the probate requirements, as included in this
law and accompanying rules.
(d) Transferring Interests Inherited by Non-Tribal Members. If the owner of an interest of
real property which is held in trust or restricted fee status located within the Reservation
devises such interest to a non-Tribal member, the Nation may acquire the interest by paying
the fair market value of the interest determined as of the date of the decedent’s death. Such
transfer is effective upon receipt of an order transferring inherited interests from the
Judiciary pursuant to section 205 of the Indian Land Consolidation Act.
(1) An order transferring inherited interests may not be granted if:
(A) While the decedent’s estate is pending, the non-Indian devisee
denounces his or her interest in favor of a Tribal member person;
(B) The interest is part of a family farm that is devised to a member of the
immediate family of the decedent, provided that such a restriction shall be
recorded as part of the deed relating to the interest involved; or
(C) The devisee agrees in writing that the Nation may acquire the interest
for fair market value only if the interest is offered for sale to a person or
entity that is not a member of the immediate family of the owner of the
interest.
(ed)Easements for Landlocked PropertiesEasement by Necessity. Land Management and
the Oneida Land Commission shall jointly develop rules regarding requests for easements
for landlocked propertiesAn owner of a landlocked parcel may seek nondiscretionary
easement by filing a complaint with the Oneida Judiciary alleging a nondiscretionary
easement is needed as against the named property owner by the filing party because the
filing party has no other reasonable means to access their real estate but for the issuance of
an easement by necessity granted by the Court. An easement by necessity is created when
a grantor conveys lands that have no outlet to a public road except over the grantor's
remaining lands. The easement by necessity arises in favor of a property owner if the owner
can prove common ownership of the proposed servient and dominant estates at the time of
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the severance that created the landlocked condition that the landlocked parcel had no access
to a public roadway after it was severed, and such lack of access continues. In such a case,
an easement by necessity is created over the grantor's remaining lands to allow the grantee
access to the public road. Common ownership of the benefited and burdened parcels before
the conveyance occurred is a necessary precondition for establishing a way of necessity.
Easements by necessity may be created even if separation of two parcels under common
ownership results from an involuntary transfer, such as a tax sale.
(e) Prescriptive Easement. A prescriptive easement is an easement acquired through open
and notorious use of an owner’s land which is adverse to the owner’s rights for a continuous
and uninterrupted period of twenty (20) years. An action to establish a prescriptive
easement granting the right to continue to use the property in that manner may be
commenced by filing a complaint with the Oneida Judiciary.
(f) Easement by Written Instrument. An action for the recovery or possession of real estate
and a defense or counterclaim based upon title to real estate are barred by uninterrupted
adverse possession of seven (7) years.
(g) Adverse Possession Prohibited. Adverse possession can never be used against the
Nation.
601.87-4. Land Management shall work with the Oneida Law Office in order to pursue an
involuntary transfer of title on behalf of the Nation.
601.8.
Probate
601.8-1. Land Management shall process and administer probate estates and, where necessary,
shall refer probate estates to the Oneida Judiciary for formal administration. Land Management
and the Oneida Land Commission shall jointly create any rules necessary to administer probate
estates. Land Management shall:
(a) Process applications for probate administration;
(b) Receive proof of heirship demonstrating a party is entitled to receive an intestate
decedent’s property pursuant to applicable laws and rules;
(c) Receive consent to serve forms and in undisputed matters, issue domiciliary letters;
(d) Require and receive affidavits of service;
(e) Receive waiver and consent to probate administration forms and any related affidavits;
(f) Issue notice to creditors of the probate’s administration, receive creditor claims for
consideration and settlement, and issue discharge of creditors when appropriate;
(g) Receive and process all estate inventories;
(h) Receive and process, when possible, land transactions in accordance with this law and
receive proof of recording documents;
(i) Receive estate receipts;
(j) In undisputed matters, receive and process statement of personal representative to close
estate and issue discharge of personal representative; and
(k) Refer disputed matters to the Judiciary, transfer probate and related documents, and
participate in the Judiciary’s proceedings as necessary.
601.8-2. The Judiciary shall hear and administer disputed probate estates or matters requiring
appointment of a guardian ad litem and shall have all the above powers conferred upon Land
Management in such cases. In addition, the Judiciary shall hear and administer probate estates in
which Land Management seeks appointment as a personal representative.

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601.9.
Leasing of Real Property
601.9-1. In accordance with the Leasing law, Land Management shall administer and process all
leasing of Tribal land for agricultural and commercial purposes and the Comprehensive Housing
Division shall administer and process all leasing of Tribal land for residential purposes. The
Leasing law definition of Tribal land does not include Tribal fee land; however, pursuant to this
law, the responsible parties designated herein shall administer and process leases of all Tribal
landboth Tribal fee land and Tribal trust land in accordance with the Leasing law, and the Eviction
and Termination law.
601.10.
Trespass
601.10-1. A person commits trespass if they enter or occupy Tribal land, or land owned by a
Tribal member located within the boundaries of the Reservation, without proper authorization and:
(a) Refuse to leave land to which they have no reasonable claim or right of possession
when requested to do so.
(b) After being notified by the landowner or lawful occupant that permission to enter has
been denied, revoked, or does not exist. Notification may be provided in the following
ways:
(1) Public notice through publication of the Land Access Map on the Nation’s website
and/or in the Nation’s newspaper.
(2) Physical posting of the land, which shall be deemed sufficient if one (1) of the
following conditions is met:
(i) A sign at least eleven inches (11”) square is placed in at least two (2)
conspicuous locations for every forty (40) acres of land. The sign must include
appropriate notice and the name of the person giving notice, followed by “owner”
if the person holds legal title, or “occupant” if the person is a lawful occupant
without legal title.
(2) Markings at least one foot (1’) long, in a contrasting color, bearing the phrase
“Private Land” and the name of the owner, are placed in at least two (2) conspicuous
locations for every forty (40) acres.
(c) Engage in any of the following activities without proper authorization through a lease,
permit, or as otherwise required under applicable law:
(1) Destroy or damage land, waters, livestock, poultry, buildings, equipment, or
other property.
(2) Cut, destroy, or remove any wood, timber, plant, vegetation, or crop.
(3) Hunt, trap or fish, or attempt to do so.
(4) Dig, extract, or remove earth, soil, minerals, cultural resources, or other
property.
(5) Post, paint, or affix notices, advertisements, signs, or other public
communications on another’s property.
(6) Parks or operate a vehicle on the land.
(7) Permit or allow livestock or any domestic animal to enter or remain on the land.
(8) Uses or occupies leased or subleased lands in a manner that exceeds the
possessory rights granted under the terms of the lease or sublease.
(9) Dumps, deposits, places, throws, burns, emits or leaves any rubbish, refuse,
debris, substances, or object on any highway, road, air, waterway or land without
lawful authority or permission.

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601.110. Records
601.110-1.
Purpose. Land Management shall oversee the administration of the Oneida Nation
Register of Deeds which shall accept and record documents related to real property located within
the Reservation, as well as documents related to all Tribal fee land, regardless of where it is located.
601.110-2.
Types of Records. The Oneida Nation Register of Deeds may only accept
documents that provide evidence of activities affecting real property title, preserve the record of a
title document and give constructive notice of changes to a title document. Further, such
documents shall be originals, signed duplicates or certified copies. The following documents may
be accepted by the The Oneida Nation Register of Deeds may accept documents, including but not
limited to:
(a) Deeds;
(b) Probate orders;
(c) Mortgages and other valid liens;
(d) Easements, covenants, and restrictions;
(e) Certified survey maps and plats of survey;
(f) Patents;
(g) Declarations of involuntary transfer or taking;
(h) Satisfactions;
(i) Leases made pursuant to the Leasing law;
(j) Home ownership agreements made pursuant to the Landlord-Tenant law;
(k) Marriage agreements; and
(l) Correction of title defects.
601.110-3.
Accessibility. The Oneida Nation Register of Deeds shall provide open access to
land records and title documents subject to fees detailed in the fee schedule created by Land
Management and approved by the Land Commission.
601.110-4. Trust Land. All documents pertaining to Tribal trust land and individual trust land
shall be recorded with the Oneida Nation Register of Deeds and the Bureau of Indian Affairs Land
Titles and Records Office.
601.110-5.
Tribal Seal. The Nation’s Secretary shall provide Land Management with the
Nation’s seal to be used to authenticate documents which are certified by the Oneida Nation
Register of Deeds.
601.121. Real Estate Education Requirements and Certifications
601.121-1.
Wisconsin Real Estate Education and Exam Required. All Land Management
employeespersons engaging in the acquisition of Tribal fee land on behalf of the Nation,
specifically those performing real estate closings, shall pass the Wisconsin Real Estate License
Exam. Such persons are not required to obtain a Wisconsin Real Estate License, but shall fulfill
the pre-license education requirement, pass the licensing exam and fulfill a minimum of twelve
(12) hours or four (4) courses of continuing education requirements as required of Wisconsin real
estate licensees. The Oneida Law OfficeLand Management director shall select which continuing
education courses are required. and the Oneida Law Office shall provide the director with a
recommendation. In addition to Wisconsin’s minimum education requirements as applied to the
Nation’s real estate employees in this law, Land Management shall require such employees to
attend real estate training specific to the Nation’s goals and unique positions as the Oneida Law
Office shall offer on an as-needed basis.
(a) While Wisconsin real estate law allows persons engaged in the sale of real estate to
earn a commission, persons acquiring Tribal fee land on behalf of the Nation are regular
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employees of the Nation and, therefore, shall waive any commission for which they might
otherwise be eligible.
(b) It is critical to the Oneida Nation’s goal to reacquire property within the original
Reservation boundaries to have employees educated and experienced in executing real
estate transactions. Accordingly, Land Management shall, subject to budgetary constraints,
employ at least minimum of one (1) two (2) employees whose primary responsibilityfocus
is real estate acquisitions and shall ensure that a minimum of two (2) one (1) employees
isare adequately educated and trained to serve as a backups to the primary personnel.
601.121-2.
TAAMS Certification Required. All persons responsible for encoding Tribal Trust
land information leasing information shall obtain a TAAMS certification., which includes, but is
not limited to, the following positions:
(a)
Residential and Commercial Leasing Specialists;
(b)
Land Title and Trust Manager; and
(c)
Title Examiner.
601.121-3.
Fiduciary Responsibility. All persons employees of the Nation engaged in the
buying or selling of Tribal land shall, at all times, act as a fiduciary to the Nation. Further, all such
persons shall comply with all applicable Tribal and federal laws.

601.12.

Organization

601.12-1. Comprehensive Housing Division. The Comprehensive Housing Division shall oversee
all residential transactions within the Reservation and shall process and administer such
transactions using the applicable of the Landlord-Tenant law, the Mortgage and Foreclosure law,
the Leasing law and/or the Eviction and Termination law; including any corresponding rules. In
addition, the Oneida Land Commission and the Comprehensive Housing Division shall exercise
joint rulemaking authority to provide process requirements, including but not limited to
advertising, notice, prequalification, and selection, that apply in all circumstances when the Nation
is selling a residential property.
601.12-2. Oneida Land Commission. The Oneida Land Commission is comprised of seven (7)
elected Tribal members and shall:
(a) Interpret the provisions of this law and create policy to guide Land Management in
implementing the same;
(b) Approve or deny all easements and land use licenses;
(c) Review and adopt Land Management’s standard operating procedures for entering into
agriculture and commercial leases pursuant to the Leasing law;
(d) Approve or deny all acquisition of Tribal land;
(e) Allocate and assign land uses to all Tribal land, except those uses governed by the
Public Use of Tribal Land law, based on the Land Use Technical Unit rules which the
Oneida Planning Department shall develop in collaboration with affected Oneida divisions
and departments and the Oneida Land Commission; and
(f) Name all buildings, roads, parks and the like on Tribal land.
601.12-3. Land Management. Land Management shall implement this law in accordance with the
policy directives provided by the Oneida Land Commission. Land Management shall:
(a) Forward requests for easements and land use licenses to the Oneida Land Commission
based on the easement and land use license rules jointly developed by Land Management
and the Oneida Land Commission;
(b) Administer and oversee the Oneida Nation Register of Deeds;

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(c) Enter into and administer agricultural and commercial leases pursuant to the Leasing
law and the Eviction and Termination law and any corresponding rules;
(d) Prepare title reports and process trust transactions; and
(e) Process land acquisition transactions as approved by the Oneida Land Commission.
601.13. Enforcement
601.13-1. Proof of Eligibility. An officer of the Oneida Police Department or a designated warden
may require any person to provide proof of eligibility to access or use any designated Tribal lands.
601.13-2. Issuance of Citation. An individual who violates a provision of this law may be issued
a citation by an officer of the Oneida Police Department or a designated warden. A separate offense
shall be deemed committed on each day during or on which a violation occurs or continues.
(a) A citation issued under this law, or pursuant to any order authorized by this law, may include
fines, other penalties, and conditional orders as determined by the Trial Court.
(b) All citations shall be processed in accordance with the Nation’s laws, rules, and policies
governing citation procedures.
(c) Any order that is not complied with may be enforced by an officer of the Oneida Police
Department or a designated warden. Enforcement actions may be taken at the expense of the
owner.
(d) The Oneida Police Department is authorized to take any lawful and necessary action to prevent,
mitigate, or remove violations of this Law.
End.
Adopted-BC-05-29-96-A
Amended-BC-03-01-06-D
Amended-BC-04-28-10-E
Amended-BC-02-25-15-C
Amended-BC-05-13-15-B
Amended-BC-02-08-17-A
Emergency Amendment-BC-06-14-17-A
Amended-BC-05-09-18-A
Emergency Amended – BC-01-22-20-B
Extension of Emergency – BC-07-22-20-A (Expired)

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Title 6. Property and Land – Chapter 601
Tok^ske Kayanl^hsla Tsi> Ni>yohuntsya=t#

The real/certain laws of the territory of the nation
REAL PROPERTY
601.1.
601.2.
601.3.
601.4.
601.5.
601.6.
601.7.

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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
General Provisions
Organization
Holding of Ownership
Legal Descriptions

601.8.
601.9.
601.10.
601.11.
601.12.
601.13.

Title Transfer
Leasing of Real Property
Trespass
Records
Real Estate Education Requirements and Certifications
Enforcement

601.1.
Purpose and Policy
601.1-1. Purpose. The purpose of this law is to provide regulations and procedures for the
transfer, control and management of all Tribal land; and to integrate these regulations and
procedures with the real property laws and practices of other federal and state sovereigns which
may hold concurrent jurisdiction.
601.1-2. Policy. It is the policy of the Nation to set out the responsibilities and expectations for
purchasing and managing real property on behalf of the Nation and to provide real property
holder’s rights and responsibilities.
601.2.
Adoption, Amendment, Repeal
601.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-29-96-A
and amended by resolutions BC-3-01-06-D, BC-04-28-10-E, BC-02-25-15-C, BC-05-13-15-B and
BC-02-08-17-A, BC-05-09-18-A and BC-xx-xx-xx-x.
601.2-2. This law may be amended or repealed by the Oneida Business Committee pursuant to
the procedures set out in the Legislative Procedures Act.
601.2-3. 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.
601.2-4. 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, the Land Ordinance is applicable only to
valid land assignments existing as of January 1, 2016 and is hereby repealed upon the expiration
of the last existing land assignment.
601.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
601.3.
Definitions
601.3-1. 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, subject to 601.4-5.
(a) “Certified survey map” means a map which provides the legal description of real
property and is officially filed and approved by the county, Tribal or municipal
governments.
(b) “Comprehensive Housing Division” means the division within the Nation under the
direction of the Comprehensive Housing Division Director which consists of all residential
services offered by the Nation, including but not limited to, all rental programs, residential
leasing, the rent-to-own program, and the residential sales and mortgages programs.
(c) “Deed” means the formal document used to transfer title from one (1) party to another.
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(d) “Easement” means a real property right to cross or otherwise utilize the land of another
for a specified purpose and duration with just compensation.
(e) “Individual fee land” means real property held in fee status by an individual or group
of individuals.
(f) “Individual trust land” means real property held in trust status by the United States of
America for the benefit of a member of a federally recognized Indian tribe.
(g) “Judiciary” means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and
responsibilities of the Nation.
(h) “Land Management” means the entity within the Nation that is the caretaker and
manager of the Nation’s agricultural, commercial and leasing portfolios and performs all
acquisitions on behalf of the Nation. Land Management reports to the Division Director of
the Environmental, Land and Agricultural Division.
(i) “Land use license” means an agreement entered into by the Nation providing a party
the right to occupy and/or utilize a specified piece of land for a specific purpose and a
temporary duration, which may require the Nation to be compensated for such use.
(j) “Leasehold mortgage” means a mortgage, deed of trust, or other instrument that
pledges a lessee’s leasehold interest as security for a debt or other obligation owed by the
lessee to a lender or other mortgagee.
(k) “Nation” means the Oneida Nation.
(l) “Real property” means land, and anything growing on, attached to, or erected on the
land, excluding anything that may be severed without injury to the land.
(m) “Reservation” means all the property within the exterior boundaries of the Reservation
of the Oneida Nation, as created pursuant to the 1838, Treaty with the Oneida, 7 Stat., 566,
and any lands added thereto pursuant to federal law.
(n) “Restricted fee status” or “Restricted fee” means title to the land is held by an individual
Indian person or a tribe and can only be alienated or encumbered by the owner with the
approval of the Secretary of the Interior because of limitations imposed under federal law.
(o) “Rule” means a set of requirements, including fee schedules, enacted by the Tribal
entities in accordance with this law and the Administrative Rulemaking law, based on
authority delegated in this law in order to implement, interpret and/or enforce this law.
(p) “Senior management” means the highest level positions employed by the Nation in the
non-enterprise chain of command under the Oneida Business Committee.
(q) “TAAMS” (Trust Asset and Accounting Management System) means the Bureau of
Indian Affairs system for maintaining and tracking land title documents and all legal
documents relating to land transactions.
(r) “Title status report” means a report issued after a title examination of trust land which
shows the proper legal description of a tract of Tribal land; current ownership, including
any applicable conditions, exceptions, restrictions or encumbrances on records; and
whether the land is in unrestricted, restricted, trust, or other status generated in TAAMS.
(s) “Title report” means a report issued after a title examination of the Nation’s and
applicable counties land records which shows the proper legal description and includes any
applicable conditions, exceptions, restrictions or encumbrances.
(t) “Tribal fee land” means land held in fee status by the Nation.
(u) “Tribal land” means Tribal fee land and/or Tribal trust land.
(v) “Tribal member” means an individual who is an enrolled member of the Nation.
(w) “Tribal trust land” means the surface estate of land or any interest therein held by the
United States in trust for the Nation; land held by the Nation subject to federal restrictions
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against alienation or encumbrance; land reserved for federal purposes; and/or land held by
the United States in trust for the Nation under Section 17 of the Indian Reorganization Act,
25 U.S.C §477, et. seq.
601.4.
General Provisions
601.4-1. Applicable Real Property. The provisions of this law extend to all Tribal member’s
individual fee land and individual trust land within the Reservation boundaries and all Tribal land.
601.4-2. Sale of Tribal Land Prohibited. The sale of Tribal land located within twenty-five (25)
miles of the exterior boundaries of the Reservation is expressly prohibited, except under the
following circumstances:
(a) The transaction is intended to consolidate or partition for the sole purpose of
consolidating or partitioning Tribal trust land and/or individual trust land within the
Reservation.
(b) The land is located off the Reservation but within twenty-five (25) miles of the exterior
boundaries of the Reservation, and the sale is approved by formal resolution of the Oneida
Business Committee.
601.4-3. New Land Assignments Prohibited. The Nation may not acknowledge any new land
assignments. Further, in order to be eligible for a Tribal loan issued against a real property interest
held as a land assignment, the land assignment shall first be converted to a residential lease.
601.4-4. No Waiver of Sovereign Immunity. Nothing in this law may be construed as a waiver of
the Nation’s sovereign immunity.
601.5.
Organization
601.5-1. Comprehensive Housing Division. The Comprehensive Housing Division shall oversee
all residential transactions on Tribal Land within the Reservation and shall process and administer
such transactions using the applicable sections of the Landlord-Tenant law, the Mortgage and
Foreclosure law, the Leasing law and/or the Eviction and Termination law; including any
corresponding rules. In addition, the Comprehensive Housing Division shall exercise rulemaking
authority to provide process requirements, including but not limited to advertising, notice,
prequalification, and selection, that apply in all circumstances when the Nation is selling a
residential improvement.
601.5-2. Oneida Land Commission. The Oneida Land Commission is comprised of seven (7)
elected Tribal members and shall:
(a) Interpret the provisions of this law to guide Land Management in implementing the
same;
(b) Approve or deny all easements and land use licenses;
(ca) Approve or deny all acquisition of Tribal land provided that the Land Commission
may delegate acquisition sign-off authority to the Environmental, Land and Agricultural
Division Director pursuant to Land Commission resolution; and
(db) Name all buildings, roads, parks and the like on Tribal land.
(e) Joint Rulemaking Authority. Exercise joint rulemaking authority with the Land
Commission to develop rules in accordance with the Administrative Rulemaking law
which address:
(1) The issuance of easements; and
(2) Issuance of land use licenses.
601.5-3. Land Management. Land Management shall implement its duties in accordance with this
law in accordance with the policy directives provided by the Oneida Business Committee and senior
management. Land Management shall:
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(a) Interpret the provisions of this law and create policy as needed;
(ab) Rulemaking Authority. Exercise rulemaking authority pursuant to the Administrative
Rulemaking Law to:
(1) Create a fine and penalty schedule for violations of this law and its
corresponding rules; and
(2) Any other rule needed to implement or interpret the provisions of this law.
(3) Provided that, such rules shall be approved by senior management prior to their
submission to the Legislative Operating Committee pursuant to the Administrative
Rulemaking Law.
(b) Joint Rulemaking Authority. Exercise joint rulemaking authority with the Land
Commission to develop rules in accordance with the Administrative Rulemaking law
which address:
(1) The issuance of Easements; and
(2) Issuance of Land Use Licenses.
(c) Administer and oversee the Oneida Nation Register of Deeds and any other trust title
responsibilities;
(d) Enter into and administer agricultural and commercial leases pursuant to the Leasing
law and the Eviction and Termination law and any corresponding rules;
(e) Prepare title reports and process trust transactions; and
(f) Process land acquisition transactions as approved by the Oneida Land Commission.
(g) Manage the Tribal land portfolio and act as the caretaker of all unassigned lands.
(h) Process requests for easements and land use licenses.
(i) Administer all internal building and land assignments to internal entities of the Nation
as approved by senior management.
(j) Administer all transactions which add real property to the Tribal land base under the
provisions of this law.
(k) Prepare and maintain title reports and accurate land records.
(l) Perform real estate services for individual trust landowners in accordance with the selfgovernance compact to include collection and submittal of required documents for the
Bureau of Indian Affairs to review and approve easements, conveyances and other real
estate transactions.
(m) Process compile and submit the Nation’s fee to trust applications in accordance with
the priorities approved by senior management.
(n) Determine which Tribal land will be posted and ensure the appropriate signs are posted.
601.6.
Holding of Ownership
601.6-1. Interests in real property by more than one (1) person may be held in the following ways:
(a) Joint Tenancy with the Right of Survivorship. Pursuant to this ownership mechanism
each owner has an equal, undivided interest in the real property. When an owner dies, their
share is divided among the remaining owners; the last living owner owns the entire
property.
(1) Real property owned by married persons is held under this mechanism unless
they have executed a valid marital property agreement specifically stating that the
real property in question is held as tenants in common.
(b) Tenancy in Common. Pursuant to this ownership mechanism each owner has a
percentage of divided interest in the real property. When an owner dies, their interest is
divided among their devisees or heirs.
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(1) Real property owned by more than one (1) person, other than married persons,
is owned under this mechanism unless a deed or transfer document specifically
states the real property is held as joint tenants with rights of survivorship.
601.7.
Legal Descriptions
601.7-1. Legal descriptions defining land boundaries shall be complete, providing unequivocal
identification of line or boundaries.
601.7-2 The legal description for any real property transferred under this law shall be derived
from a certified survey map or survey completed by a registered land surveyor according to
currently accepted minimum industry standards for property surveys. If the plat of survey changes
the legal description of the certified survey map for the same piece of property, the certified survey
map’s legal description shall be used on transfer documents along with the survey description,
which shall be designated as “Also Known As ...” Section, township, range and fourth principal
meridian shall be included in all legal descriptions.
601.7-3. Every land survey shall be made in accordance with the Oneida Nation Register of
Deeds’ recording standards for Tribal trust or restricted fee lands and individual trust lands , the
county register of deeds’ records for fee land, and the Bureau of Indian Affairs Land Titles and
Records Office recording standards.
601.7-4. All surveys prepared for the Nation shall comply with survey requirements outlined in
the Wisconsin Administrative Code, Chapter A-E7 and indicate setbacks, building locations and
encroachments, as applicable.
601.7-5. Legal descriptions shall be used on transfer documents formalizing all acquisitions of
land, trust or restricted fee acquisitions.
601.8.
Title Transfer
601.8-1. Trust Acquisition. Land Management shall use title companies duly registered with the
Department of Interior to update abstracts or provide title insurance on real property scheduled for
trust or restricted fee acquisition.
(a) Land Management applications to convert Tribal fee land into trust land or restricted
fee land shall comply with all applicable federal requirements.
() After land is in trust or restricted fee status Land Management shall request a title status
report and title report. For the purposes of this section, a valid encumbrance is one that has
been preapproved, in writing, by the Nation in accordance with applicable requirements.
601.8-2. Deeds. Valid deeds shall:
(a) Fee Deeds:
(1) Be in writing;
(2) Identify the grantor (seller) and grantee (buyer);
(3) Provide the legal description of the real property;
(4) Identify the interest conveyed, as well as any conditions, reservations,
exceptions, or rights of way attached to the interest;
(5) Be signed by or on behalf of each of the grantors (sellers);
(6) Be signed by or on behalf of each spouse of each of the grantors (sellers), if
applicable; and
(7) Be delivered to the grantee (buyer).
(b) Trust Deeds and/or Restricted fee Deeds. In addition to the requirements listed in
section 601.7-2(a), a deed prepared for trust or restricted fee acquisition shall comply with
all applicable federal laws and guidelines.
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(c) Requirement to record. A deed transferring title shall be recorded with the Oneida
Nation Register of Deeds provided that any trust or restricted fee deeds shall comply with
any additional federal recording requirements.
601.8-3. Involuntary Transfer of Title. All involuntary transfers of title may occur in the
following ways:
(a) Eminent Domain. Eminent domain is the right of the Nation’s government to acquire
Tribal member individual fee land within the Reservation for public uses without the
consent of private owners.
(1) For the purposes of this section, public uses include, but are not limited to,
environmental protection, streets, highways, sanitary sewers, public utility/sites,
waste treatment facilities and public housing.
(2) Prior to exercising eminent domain, the Nation shall first attempt to negotiate
an agreeable taking by making an offer to purchase based on an appraisal of the
real property. The appraisal amount may be based on an appraisal provided by the
Nation. In the event the property owner objects to the Nation’s appraisal, they may
obtain an independent appraisal at their own cost. For the purposes of this section,
an appraisal means process for estimating a piece of real property’s value.
(3) The Nation’s exercise of eminent domain shall be limited to a right of last resort.
Parties contesting authority or consideration as related to the Nation’s exercise of
eminent domain may contest the acquisition by filing a complaint with the Oneida
Judiciary.
(b) Foreclosure. Foreclosures may occur subject to the Mortgage and Foreclosure law
when a Tribal member ceases payment on a mortgage.
(c) Tribal Land Consolidation. The Nation may acquire land in compliance with the
Indian Land Consolidation Act
(d) Easement by Necessity. An owner of a landlocked parcel may seek nondiscretionary
easement by filing a complaint with the Oneida Judiciary alleging a nondiscretionary
easement is needed as against the named property owner by the filing party because the
filing party has no other reasonable means to access their real estate but for the issuance of
an easement by necessity granted by the Court. An easement by necessity is created when
a grantor conveys lands that have no outlet to a public road except over the grantor's
remaining lands. The easement by necessity arises in favor of a property owner if the owner
can prove common ownership of the proposed servient and dominant estates at the time of
the severance that created the landlocked condition that the landlocked parcel had no access
to a public roadway after it was severed, and such lack of access continues. In such a case,
an easement by necessity is created over the grantor's remaining lands to allow the grantee
access to the public road. Common ownership of the benefited and burdened parcels before
the conveyance occurred is a necessary precondition for establishing a way of necessity.
Easements by necessity may be created even if separation of two parcels under common
ownership results from an involuntary transfer, such as a tax sale.
(e) Prescriptive Easement. A prescriptive easement is an easement acquired through open
and notorious use of an owner’s land which is adverse to the owner’s rights for a continuous
and uninterrupted period of twenty (20) years. An action to establish a prescriptive
easement granting the right to continue to use the property in that manner may be
commenced by filing a complaint with the Oneida Judiciary.
(f) Easement by Written Instrument. An action for the recovery or possession of real estate
and a defense or counterclaim based upon title to real estate are barred by uninterrupted
adverse possession of seven (7) years.
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(g) Adverse Possession Prohibited. Adverse possession can never be used against the
Nation.
601.8-4. Land Management shall work with the Oneida Law Office to pursue an involuntary
transfer of title on behalf of the Nation.
601.9.
Leasing of Real Property
601.9-1. In accordance with the Leasing law, Land Management shall administer and process all
leasing of Tribal land for agricultural and commercial purposes and the Comprehensive Housing
Division shall administer and process all leasing of Tribal land for residential purposes. The
Leasing law definition of Tribal land does not include Tribal fee land; however, pursuant to this
law, the responsible parties designated herein shall administer and process leases of all Tribal land
in accordance with the Leasing law, and the Eviction and Termination law.
601.10.
Trespass
601.10-1. A person commits trespass if they enter or occupy Tribal land, or land owned by a
Tribal member located within the boundaries of the Reservation, without proper authorization and:
(a) Refuse to leave land to which they have no reasonable claim or right of possession
when requested to do so.
(b) After being notified by the landowner or lawful occupant that permission to enter has
been denied, revoked, or does not exist. Notification may be provided in the following
ways:
(1) Public notice through publication of the Land Access Map on the Nation’s website
and/or in the Nation’s newspaper.
(2) Physical posting of the land, which shall be deemed sufficient if one (1) of the
following conditions is met:
(i) A sign at least eleven inches (11”) square is placed in at least two (2)
conspicuous locations for every forty (40) acres of land. The sign must
include appropriate notice and the name of the person giving notice,
followed by “owner” if the person holds legal title, or “occupant” if the
person is a lawful occupant without legal title.
(ii) Markings at least one foot (1’) long, in a contrasting color, bearing the
phrase “Private Land” and the name of the owner, are placed in at least two
(2) conspicuous locations for every forty (40) acres.
(c) Engage in any of the following activities without proper authorization through a lease,
permit, or as otherwise required under applicable law:
(1) Destroy or damage land, waters, livestock, poultry, buildings, equipment, or
other property.
(2) Cut, destroy, or remove any wood, timber, plant, vegetation, or crop.
(3) Hunt, trap or fish, or attempt to do so.
(4) Dig, extract, or remove earth, soil, minerals, cultural resources, or other
property.
(5) Post, paint, or affix notices, advertisements, signs, or other public
communications on another’s property.
(6) Parks or operate a vehicle on the land.
(7) Permit or allow livestock or any domestic animal to enter or remain on the land.
(8) Uses or occupies leased or subleased lands in a manner that exceeds the
possessory rights granted under the terms of the lease or sublease.
(9) Dumps, deposits, places, throws, burns, emits or leaves any rubbish, refuse,
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debris, substances, or object on any highway, road, air, waterway or land without
lawful authority or permission.
601.11. Records
601.11-1. Purpose. Land Management shall oversee the administration of the Oneida Nation
Register of Deeds which shall accept and record documents related to real property located within
the Reservation, as well as documents related to all Tribal fee land, regardless of where it is located.
601.11-2. Types of Records. The Oneida Nation Register of Deeds may only accept documents
that provide evidence of activities affecting real property title, preserve the record of a title
document and give constructive notice of changes to a title document. Further, such documents
shall be originals, signed duplicates or certified copies. The Oneida Nation Register of Deeds may
accept documents, including but not limited to:
(a) Deeds;
(b) Probate orders;
(c) Mortgages and other valid liens;
(d) Easements, covenants, and restrictions;
(e) Certified survey maps and plats of survey;
(f) Patents;
(g) Declarations of involuntary transfer or taking;
(h) Satisfactions;
(i) Leases;
(j) Home ownership agreements made pursuant to the Landlord-Tenant law;
(k) Marriage agreements; and
(l) Correction of title defects.
601.11-3. Accessibility. The Oneida Nation Register of Deeds shall provide access to land records
and title documents subject to fees detailed in the fee schedule created by Land Management and
approved by the Land Commission.
601.11-4. Trust Land. All documents pertaining to Tribal trust land and individual trust land shall
be recorded with the Oneida Nation Register of Deeds and the Bureau of Indian Affairs Land Titles
and Records Office.
601.11-5. Tribal Seal. The Nation’s Secretary shall provide Land Management with the Nation’s
seal to be used to authenticate documents which are certified by the Oneida Nation Register of
Deeds.
601.12. Real Estate Education Requirements and Certifications
601.12-1. Wisconsin Real Estate Education and Exam Required. Land Management employees
engaging in the acquisition of Tribal fee land on behalf of the Nation, specifically those performing
real estate closings, shall pass the Wisconsin Real Estate License Exam. Such persons are not
required to obtain a Wisconsin Real Estate License, but shall fulfill the pre-license education
requirement, pass the licensing exam and fulfill a minimum of twelve (12) hours or four (4) courses
of continuing education requirements as required of Wisconsin real estate licensees. The Oneida
Law Office shall select which continuing education courses are required. In addition to
Wisconsin’s minimum education requirements as applied to the Nation’s real estate employees in
this law, Land Management shall require such employees to attend real estate training specific to
the Nation’s goals and unique positions as the Oneida Law Office shall offer on an as-needed basis.
(a) While Wisconsin real estate law allows persons engaged in the sale of real estate to
earn a commission, persons acquiring Tribal land on behalf of the Nation are regular
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employees of the Nation and, therefore, shall waive any commission for which they might
otherwise be eligible.
(b) It is critical to the Oneida Nation’s goal to reacquire property within the original
Reservation boundaries to have employees educated and experienced in executing real
estate transactions. Accordingly, Land Management shall, subject to budgetary constraints,
employ at least two (2) employees whose primary responsibility is real estate acquisitions
and shall ensure that a minimum of one (1) employee is adequately educated and trained
to serve as a backup to the primary personnel.
601.12-2. TAAMS Certification Required. All persons responsible for encoding Tribal Trust land
information shall obtain a TAAMS certification.
601.12-3. Fiduciary Responsibility. All employees of the Nation engaged in the buying of Tribal
land shall, at all times, act as a fiduciary to the Nation. Further, all such persons shall comply with
all applicable Tribal and federal laws.
601.13. Enforcement
601.13-1. Proof of Eligibility. An officer of the Oneida Police Department or a designated warden
may require any person to provide proof of eligibility to access or use any designated Tribal lands.
601.13-2. Issuance of Citation. An individual who violates a provision of this law may be issued
a citation by an officer of the Oneida Police Department or a designated warden. A separate offense
shall be deemed committed on each day during or on which a violation occurs or continues.
(a) A citation issued under this law, or pursuant to any order authorized by this law, may
include fines, other penalties, and conditional orders as determined by the Trial Court.
(b) All citations shall be processed in accordance with the Nation’s laws, rules, and policies
governing citation procedures.
(c) Any order that is not complied with may be enforced by an officer of the Oneida Police
Department or a designated warden. Enforcement actions may be taken at the expense of
the owner.
(d) The Oneida Police Department is authorized to take any lawful and necessary action to
prevent, mitigate, or remove violations of this Law.
End.__________________________________________________________________________________________
-Adopted-BC-05-29-96-A
Amended-BC-03-01-06-D
Amended-BC-04-28-10-E
Amended-BC-02-25-15-C
Amended-BC-05-13-15-B
Amended-BC-02-08-17-A
Emergency Amendment-BC-06-14-17-A
Amended-BC-05-09-18-A
Emergency Amended – BC-01-22-20-B
Extension of Emergency – BC-07-22-20-A (Expired)
Amended-BC-xx-xx-xx-X

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Title 6. Property and Land – Chapter 601
REAL PROPERTY
Tok^ske Kayanl^hsla Tsi> Ni>yohuntsya=t#

The real/certain laws of the territory of the nation
REAL PROPERTY

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601.1.
601.2.
601.3.
601.4.
601.5.
601.6.

Purpose and Policy
Adoption, Amendment, Repeal
Definitions
General Provisions
Holding of Ownership
Legal Descriptions

601.7.
601.8.
601.9.
601.10.
601.11.
601.12.

Title Transfer
Probate
Leasing of Real Property
Records
Real Estate Education Requirements and Certifications
Organization

601.1.
601.2.
601.3.
601.4.
601.5.
601.6.
601.7.

Purpose and Policy
Adoption, Amendment, Repeal
Definitions
General Provisions
Organization
Holding of Ownership
Legal Descriptions

601.8.
601.9.
601.10.
601.11.
601.12.
601.13.

Title Transfer
Leasing of Real Property
Trespass
Records
Real Estate Education Requirements and Certifications
Enforcement

601.1.
Purpose and Policy
601.1-1. Purpose. The purpose of this law is to provide regulations and procedures for the
transfer, control and management of the territory within the Reservation and all Tribal land; and
to integrate these regulations and procedures with the real property laws and practices of other
federal and state sovereigns which may hold jurisdiction within the Reservation; and to establish
licensing and certification requirements for the Nation’s employees dealing with real property
transactionsconcurrent jurisdiction.
601.1-2. Policy. It is the policy of the Nation to set out the responsibilities and expectations for
persons purchasing and/or managing real property on behalf of the Nation and/or within the
Reservation and to provide real property holder’s rights and responsibilities. In addition, it is the
Nation’s policy that probated estates shall be settled expeditiously and without undue delay.
601.2.
Adoption, Amendment, Repeal
601.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-29-96-A
and amended by resolutions BC-3-01-06-D, BC-04-28-10-E, BC-02-25-15-C, BC-05-13-15-B and
BC-02-08-17-A and, BC-05-09-18-A and BC-xx-xx-xx-x.
601.2-2. This law may be amended or repealed by the Oneida Business Committee pursuant to
the procedures set out in the Legislative Procedures Act.
601.2-3. 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.
601.2-4. 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, the Land Ordinance is applicable only to
valid land assignments existing as of January 1, 2016 and is hereby repealed upon the expiration
of the last existing land assignment.
601.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
601.3.
Definitions
601.3-1. 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, subject to 601.4-5.
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(a) “Broker” means a person who acts as an agent and negotiates the sale, purchase or
rental of real property on behalf of others for a fee.
(b)
(a) “Certified survey map” means a map which provides the legal description of
real property and is officially filed and approved by the county, Tribal or municipal
governments.
(c) b) “Comprehensive Housing Division” means the division within the Nation under the
direction of the Comprehensive Housing Division Director which consists of all residential
services offered by the Nation, including but not limited to, all rental programs, residential
leasing, the rent-to-own program, and the residential sales and mortgages programs.
(c) “Deed” means the formal document used to transfer title from one (1) party to another.
(d) “Easement” means a real property right to cross or otherwise utilize the land of another
for a specified purpose and duration with just compensation.
(e) “Estate” means a person’s interest in real property or other property.
(f) “Fiduciary” means a person required to act for the benefit of another person on all
matters within the scope of their relationship and by such a relationship owes another duties
of good faith, trust, confidence and candor. For the purposes of this law, both brokers and
salespersons are “fiduciaries.”
(g) “Guardian ad litem” means a guardian appointed by the Judiciary on behalf of an
incompetent or minor party.
(h) (e) “Individual fee land” means real property held in fee status by an individual or
group of individuals.
(if) “Individual trust land” means individual Tribal landreal property held in trust status by
the United States of America for the benefit of a Tribal member of a federally recognized
Indian tribe.
(jg) “Judiciary” means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and
responsibilities of the Nation.
(kh) “Land Management” means the entity within the Nation responsible for maintaining
that is the Oneida Nation Register of Deeds, entering intocaretaker and
administeringmanager of the Nation’s agricultural and, commercial leasesand leasing
portfolios and performs all acquisitions on behalf of the Nation, processing trust
transactions and land acquisition transactions,. Land Management reports to the Division
Director of the Environmental, Land and for fulfilling other responsibilities as identified
within this law.Agricultural Division.
(li) “Land use license” means an agreement entered into by the Nation providing a party
the right to occupy and/or utilize a specified piece of Tribal land for a specific purpose and
a specifictemporary duration, which may require the Nation to be compensated for such
use.
(mj) “Leasehold mortgage” means a mortgage, deed of trust, or other instrument that
pledges a lessee’s leasehold interest as security for a debt or other obligation owed by the
lessee to a lender or other mortgagee.
(nk) “Nation” means the Oneida Nation.
(o) “Personal representative” means a person to whom authority to administer a decedent’s
estate have been granted by Land Management or the Judiciary.
(p) “Probate” or “Administration” means any proceeding relating to a decedent’s estate,
whether there is or is not a will.
(q(l) “Real property” means land, and anything growing on, attached to, or erected on the
land, excluding anything that may be severed without injury to the land.
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(rm) “Reservation” means all the property within the exterior boundaries of the
Reservation of the Oneida Nation, as created pursuant to the 1838, Treaty with the Oneida,
7 Stat.., 566, and any lands added thereto pursuant to federal law.
(sn) “Restricted fee status” or “Restricted fee” means title to the land is held by an interest
in real property which includes individual Indian person or a provision in the deed or will
that, upontribe and can only be alienated or encumbered by the happening or failure to
happen of a certain event,owner with the titleapproval of the purchaser or devisee shall be
limited, enlarged, changed or terminatedSecretary of the Interior because of limitations
imposed under federal law.
(t)
o) “Rule” means a set of requirements, including fee schedules, enacted by the
Comprehensive Housing Division, Land Management, Oneida Planning Department
and/or the Oneida Land CommissionTribal entities in accordance with this law and the
Administrative Rulemaking law, based on authority delegated in this law in order to
implement, interpret and/or enforce this law.
(u(p) “Senior management” means the highest level positions employed by the Nation in
the non-enterprise chain of command under the Oneida Business Committee.
(q) “TAAMS” (Trust Asset and Accounting Management System) means the Bureau of
Indian Affairs system for maintaining and tracking land title documents and all legal
documents relating to land transactions.
(vr)“Title status report” means a report issued by the Bureau of Indian Affairs after a title
examination of trust land which shows the proper legal description of a tract of Tribal land;
current ownership, including any applicable conditions, exceptions, restrictions or
encumbrances on records; and whether the land is in unrestricted, restricted, trust, or other
status as indicated by the records in a Land Titles and Records Office. generated in
TAAMS.
(w(s) “Title report” means a report issued after a title examination of the Nation’s and
applicable counties land records which shows the proper legal description and includes any
applicable conditions, exceptions, restrictions or encumbrances.
(t) “Tribal fee land” means land held in fee status by the Nation.
(xu) “Tribal land” means Tribal fee land and/or Tribal trust land.
(yv) “Tribal member” means an individual who is an enrolled member of the Nation.
(zw) “Tribal trust land” means the surface estate of land or any interest therein held by the
United States in trust for the Nation; land held by the Nation subject to federal restrictions
against alienation or encumbrance; land reserved for federal purposes; and/or land held by
the United States in trust for the Nation under Section 17 of the Indian Reorganization Act,
25 U.S.C §477, et. seq.
601.4.
General Provisions
601.4-1. Applicable Real Property. The provisions of this law extend to all Tribal member’s
individual fee land and Tribal member’s individual trust land within the Reservation boundaries
and all Tribal land.
601.4-2. Tribal Land Base. Land Management shall administer all transactions which add real
property to the Tribal land base under the provisions of this law.
601.4-3. Sale of Tribal Land Prohibited. The sale of Tribal land is specificallyexpressly prohibited
by this law, unless, except under the intent of thefollowing circumstances:
(a) The transaction is the consolidationfor the sole purpose of consolidating or partition
ofpartitioning Tribal trust land and/or individual trust land within the Reservation.
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(b) The land is located off the Reservation, and the sale is approved by formal resolution
of the Oneida Business Committee.
601.4-43.
New Land Assignments Prohibited. The Nation may not acknowledge any new land
assignments. Further, in order to be eligible for a Tribal loan issued against a real property interest
held as a land assignment, the land assignment shall first be converted to a residential lease.
601.4-5. Wisconsin Probate Code and its Related Chapters. In instances where the Nation lacks
definition, procedure, or legal precedent in a probate matter, the Nation shall use Wisconsin’s
Probate Code and its related chapters for guidance.
601.4-6. Wisconsin Real Property Law. The Nation shall follow all applicable portions of the
Wisconsin Real Property law when acquiring individual fee land.
601.4-7.4. No Waiver of Sovereign Immunity. Nothing in this law may be construed as a waiver of
the Nation’s sovereign immunity.
601.5.
Organization
Holding of Ownership
601.5601.5-1. Comprehensive Housing Division. The Comprehensive Housing Division shall
oversee all residential transactions on Tribal Land within the Reservation and shall process and
administer such transactions using the applicable sections of the Landlord-Tenant law, the
Mortgage and Foreclosure law, the Leasing law and/or the Eviction and Termination law;
including any corresponding rules. In addition, the Comprehensive Housing Division shall
exercise rulemaking authority to provide process requirements, including but not limited to
advertising, notice, prequalification, and selection, that apply in all circumstances when the Nation
is selling a residential improvement.
601.5-2. Oneida Land Commission. The Oneida Land Commission is comprised of seven (7)
elected Tribal members and shall:
(a) Interpret the provisions of this law to guide Land Management in implementing the
same;
(b) Approve or deny all easements and land use licenses;
(ca) Approve or deny all acquisition of Tribal land provided that the Land Commission
may delegate acquisition sign-off authority to the Environmental, Land and Agricultural
Division Director pursuant to Land Commission resolution; and
(d) Name all buildings, roads, parks and the like on Tribal land.
(e) Joint Rulemaking Authority. Exercise joint rulemaking authority with the Land
Commission to develop rules in accordance with the Administrative Rulemaking law
which address:
(1) The issuance of easements; and
(2) Issuance of land use licenses.
601.5-3. Land Management. Land Management shall implement its duties in accordance with this
law in accordance with the policy directives provided by the Oneida Business Committee and senior
management. Land Management shall:
(a) Interpret the provisions of this law and create policy as needed;
(a) Rulemaking Authority. Exercise rulemaking authority pursuant to the Administrative
Rulemaking Law to:
(1) Create a fine and penalty schedule for violations of this law and its
corresponding rules; and
(2) Any other rule needed to implement or interpret the provisions of this law.
- - - - - - - (3) Provided that, such rules shall be approved by senior management prior to their
submission to the Legislative Operating Committee pursuant to the Administrative
Rulemaking Law.
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(b) Joint Rulemaking Authority. Exercise joint rulemaking authority with the Land
Commission to develop rules in accordance with the Administrative Rulemaking law
which address:
(1) The issuance of Easements; and
(2) Issuance of Land Use Licenses.
(c) Administer and oversee the Oneida Nation Register of Deeds and any other trust title
responsibilities;
(d) Enter into and administer agricultural and commercial leases pursuant to the Leasing
law and the Eviction and Termination law and any corresponding rules;
(e) Prepare title reports and process trust transactions; and
(f) Process land acquisition transactions as approved by the Oneida Land Commission.
(g) Manage the Tribal land portfolio and act as the caretaker of all unassigned lands.
(h) Process requests for easements and land use licenses.
(i) Administer all internal building and land assignments to internal entities of the Nation
as approved by senior management.
(j) Administer all transactions which add real property to the Tribal land base under the
provisions of this law.
(k) Prepare and maintain title reports and accurate land records.
(l) Perform real estate services for individual trust landowners in accordance with the selfgovernance compact to include collection and submittal of required documents for the
Bureau of Indian Affairs to review and approve easements, conveyances and other real
estate transactions.
(m) Process compile and submit the Nation’s fee to trust applications in accordance with
the priorities approved by senior management.
(n) Determine which Tribal land will be posted and ensure the appropriate signs are posted.
601.6.
Holding of Ownership
601.6-1. Interests in real property by more than one (1) person may be held in the following ways:
(a) Joint Tenancy with the Right of Survivorship. Pursuant to this ownership mechanism
each owner has an equal, undivided interest in the real property. When an owner dies,
his/hertheir share is divided among the remaining owners; the last living owner owns the
entire property.
(1) Real property owned by married persons is held under this mechanism unless
they have executed a valid marital property agreement specifically stating that the
real property in question is held as tenants in common.
(b) Tenancy in Common. Pursuant to this ownership mechanism each owner has a
percentage of divided interest in the real property. When an owner dies, his/hertheir interest
is divided among his/hertheir devisees or heirs.
(1) Real property owned by more than one (1) person, other than married persons,
is owned under this mechanism unless a deed or transfer document specifically
states the real property is held as joint tenants with rights of survivorship.
601.67. Legal Descriptions
601.7-1. Legal descriptions defining land boundaries shall be complete, providing unequivocal
identification of line or boundaries.
601.6-1. 7-2 The legal description for any real property transferred under this law shall be
derived from a certified survey map or survey completed by a registered land surveyor according
to currently accepted minimum industry standards for property surveys. If the plat of survey
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changes the legal description of the certified survey map for the same piece of property, the
certified survey map’s legal description shall be used on transfer documents along with the survey
description, which shall be designated as “Also Known As ...” Section, township, range and fourth
principal meridian shall be included in all legal descriptions.
601.6-27-3. Every land survey shall be made in accordance with the county register of deeds’
records for fee land, and in accordance with the Oneida Nation Register of Deeds’
recordsrecording standards for Tribal trust or restricted fee lands and individual trust lands. The
surveyor shall acquire data necessary to retrace record title boundaries such as deeds, maps,
certificates , the county register of deeds’ records for fee land, and the Bureau of title, title status
reports, Tribal leases, Tribal home purchase agreements, center lineIndian Affairs Land Titles and
other boundary line locations.Records Office recording standards.
601.6-3. 601.7Legal descriptions defining land boundaries shall be complete, providing
unequivocal identification of line or boundaries.
601.6-4. All surveys prepared for the Nation shall comply with survey requirements outlined in
the Wisconsin Administrative Code, Chapter A-E7 and indicate setbacks, building locations and
encroachments, as applicable.
601.67-5. Legal descriptions shall be used on transfer documents formalizing a purchase, real
estate sale, lease, foreclosure, probate transferall acquisitions of land, trust acquisition and Tribal
resolutionsor restricted fee acquisitions.
601.6-6. When real estate is listed, noticed and/or advertised as available for sale, rent or lease to
Tribal members, the address is an adequate legal description of the real property.
601.7.
Title Transfer
601.7
601.8.
Title Transfer
601.8-1. Trust Acquisition. Land Management shall use title companies duly registered with the
Department of Interior and approved by the Land Management to update abstracts or provide title
insurance on real property scheduled for trust or restricted fee acquisition.
(a) Title companies shall follow general guidelines provided by the federal government in
terms of form, content, period of search, destroyed or lost records and abstracter’s
certificate.
(b) When researching land title for real property within the Reservation which is being
considered for trust acquisition, (a) Land Management applications to convert Tribal fee
land into trust land or restricted fee land shall comply with all applicable federal
requirements.
() After land is in trust or restricted fee status Land Management shall request the title
company to search the title back to the original allottee, in order to ensure that patents or
Indian deeds were legally issued.
(c) Any valid liens or encumbrances shown by the commitment for title insurance shall be
eliminated before the title is transferred into trust.
(d)
After land is in trust both a title search of county records anda a title status report
requested by Land Management from the Bureau of Indian Affairs shall verify all valid
encumbrances, if any, on the titleand title report. For the purposes of this section, a valid
encumbrance is one that has been preapproved, in writing, by Land Management based on
a standard operating procedure that is effective upon approval by the Oneida Land
Commission.the Nation in accordance with applicable requirements.
(e) Land Management applications to convert Tribal fee land into Tribal trust land require
an Oneida Land Commission resolution approving the conversion.
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601.78-2. Deeds. A deed is the formal document used by the Land Management to transfer title
from one (1) party to another.
(a)
A valid deedValid deeds shall:
(a) Fee Deeds:
(1) Be in writing;
(2) Identify the grantor (seller) and grantee (buyer);
(3) Provide the legal description of the real property;
(4) Identify the interest conveyed, as well as any conditions, reservations,
exceptions, or rights of way attached to the interest;
(5) Be signed by or on behalf of each of the grantors (sellers);
(6) Be signed by or on behalf of each spouse of each of the grantors (sellers), if
applicable; and
(7)
Be delivered to the grantee (buyer).
(b) Trust Deeds and/or Restricted fee Deeds. In addition to the requirements listed in
section 601.7-2(a), a deed prepared for trust or restricted fee acquisition shall include:
(1) Thecomply with all applicable federal authority for trust acquisition;
(2) Any exceptions or exclusions from the State of Wisconsin’s fees or other
transfer requirements;
(3) The approximate acreage of the real property being transferred to trust; and
(4) The authoritylaws and signature of the appropriate Department of Interior official who
accepts the real property into trustguidelines.
(c) Requirement to record. A deed transferring fee simple title shall be recorded in the
appropriate register of deeds office, provided that, once the real property is in trust, the title
shall be recorded with the Oneida Nation Register of Deeds and the Bureau of Indian
Affairs Land Titles and Records Officeprovided that any trust or restricted fee deeds shall
comply with any additional federal recording requirements.
601.78-3. Involuntary Transfer of Title. All involuntary transfers of title require a hearing and
order from the Judiciary, and may occur in the following ways:
(a) Eminent Domain. Eminent domain is the right of the Nation’s government to acquire
Tribal member individual fee land within the Reservation for public uses without the
consent of private owners.
(1) For the purposes of this section, public uses include, but are not limited to,
environmental protection, streets, highways, sanitary sewers, public utility/sites,
waste treatment facilities and public housing.
(2) Prior to exercising eminent domain, the Nation shall first attempt to negotiate
an agreeable taking by making an offer to purchase based on an appraisal of the
real property. The appraisal amount may be based on an appraisal provided by the
Nation. In the event the property owner objects to the Nation’s appraisal, they may
obtain an independent appraisal at their own cost. For the purposes of this section,
an appraisal means process for estimating a piece of real property’s value.
(3) The Nation’s exercise of eminent domain may be appealed to theshall be limited
to a right of last resort. Parties contesting authority or consideration as related to
the Nation’s exercise of eminent domain may contest the acquisition by filing a
complaint with the Oneida Judiciary.
(b) Foreclosure. Foreclosures may occur subject to the Mortgage and Foreclosure law
when a Tribal member ceases payment on a leasehold mortgage.

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(c) Tribal Land Consolidation. Section 207 of the The Nation may acquire land in
compliance with the Indian Land Consolidation Act (Pub.L. No. 97-459, 96 Stat. 2515, and
amended on October 30, 1984
(d) Easement by Pub.L. No. 98-608, 98 Stat. 3171)Necessity. An owner of a landlocked
parcel may seek nondiscretionary easement by filing a complaint with the Oneida Judiciary
alleging a nondiscretionary easement is incorporated into this law, which provides a
mechanism for real needed as against the named property within the Reservation to escheat,
or pass, to the Nation. owner by the filing party because the filing party has no other
reasonable means to access their real estate but for the issuance of an easement by necessity
granted by the Court. An easement by necessity is created when a grantor conveys lands
that have no outlet to a public road except over the grantor's remaining lands. The easement
by necessity arises in favor of a property owner if the owner can prove common ownership
of the proposed servient and dominant estates at the time of the severance that created the
landlocked condition that the landlocked parcel had no access to a public roadway after it
was severed, and such lack of access continues. In such a case, an easement by necessity
is created over the grantor's remaining lands to allow the grantee access to the public road.
Common ownership of the benefited and burdened parcels before the conveyance occurred
is a necessary precondition for establishing a way of necessity. Easements by necessity
may be created even if separation of two parcels under common ownership results from an
involuntary transfer, such as a tax sale.
(1) Pursuant to section 207 of the Indian Land Consolidation Act, an ownership
interest in real property escheats, or passes, to the Nation under the following
circumstances, provided that the Nation shall provide just compensation for the
interest:
(A) The real property is within the Reservation boundaries;
(B) The decedent’s ownership in the given parcel of land is two percent
(2%) or less of the total acreage; and
(C) The interest is incapable of earning one hundred dollars ($100) in any
one (1) of the five (5) years immediately following the decedent’s death.
(2) A decedent’s heirs may appeal a land consolidation under this section to the
Judiciary.
(3) Land consolidation is subject to the probate requirements, as included in this
law and accompanying rules.
(d) Transferring Interests Inherited by Non-Tribal Members. If the owner of an interest of
real property which is held in trust or restricted fee status located within the Reservation
devises such interest to a non-Tribal member, the Nation may acquire the interest by paying
the fair market value of the interest determined as of the date of the decedent’s death. Such
transfer is effective upon receipt of an order transferring inherited interests from the
Judiciary pursuant to section 205 of the Indian Land Consolidation Act.
(1) An order transferring inherited interests may not be granted if:
(A) While the decedent’s estate is pending, the non-Indian devisee
denounces his or her interest in favor of a Tribal member person;
(B) The interest is part of a family farm that is devised to a member of the
immediate family of the decedent, provided that such a restriction shall be
recorded as part of the deed relating to the interest involved; or
(C) The devisee agrees in writing that the Nation may acquire the interest
for fair market value only if the interest is offered for sale to a person or
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entity that is not a member of the immediate family of the owner of the
interest.
(e) Easements for Landlocked Properties. Land Management and the Oneida Land
Commission shall jointly develop rules regarding requests for easements for landlocked
properties.
(e) Prescriptive Easement. A prescriptive easement is an easement acquired through open
and notorious use of an owner’s land which is adverse to the owner’s rights for a continuous
and uninterrupted period of twenty (20) years. An action to establish a prescriptive
easement granting the right to continue to use the property in that manner may be
commenced by filing a complaint with the Oneida Judiciary.
(f) Easement by Written Instrument. An action for the recovery or possession of real estate
and a defense or counterclaim based upon title to real estate are barred by uninterrupted
adverse possession of seven (7) years.
(g) Adverse Possession Prohibited. Adverse possession can never be used against the
Nation.
601.78-4. Land Management shall work with the Oneida Law Office in order to pursue an
involuntary transfer of title on behalf of the Nation.
601.8.
Probate
601.8-1. Land Management shall process and administer probate estates and, where necessary,
shall refer probate estates to the Oneida Judiciary for formal administration. Land Management
and the Oneida Land Commission shall jointly create any rules necessary to administer probate
estates. Land Management shall:
(a) Process applications for probate administration;
(b) Receive proof of heirship demonstrating a party is entitled to receive an intestate
decedent’s property pursuant to applicable laws and rules;
(c) Receive consent to serve forms and in undisputed matters, issue domiciliary letters;
(d) Require and receive affidavits of service;
(e) Receive waiver and consent to probate administration forms and any related affidavits;
(f) Issue notice to creditors of the probate’s administration, receive creditor claims for
consideration and settlement, and issue discharge of creditors when appropriate;
(g) Receive and process all estate inventories;
(h) Receive and process, when possible, land transactions in accordance with this law and
receive proof of recording documents;
(i) Receive estate receipts;
(j) In undisputed matters, receive and process statement of personal representative to close
estate and issue discharge of personal representative; and
(k) Refer disputed matters to the Judiciary, transfer probate and related documents, and
participate in the Judiciary’s proceedings as necessary.
601.8-2. The Judiciary shall hear and administer disputed probate estates or matters requiring
appointment of a guardian ad litem and shall have all the above powers conferred upon Land
Management in such cases. In addition, the Judiciary shall hear and administer probate estates in
which Land Management seeks appointment as a personal representative.
601.9.
Leasing of Real Property
601.9-1. In accordance with the Leasing law, Land Management shall administer and process all
leasing of Tribal land for agricultural and commercial purposes and the Comprehensive Housing
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Division shall administer and process all leasing of Tribal land for residential purposes. The
Leasing law definition of Tribal land does not include Tribal fee land; however, pursuant to this
law, the responsible parties designated herein shall administer and process leases of bothall Tribal
fee land and Tribal trust land in accordance with the Leasing law, and the Eviction and Termination
law.
601.10.
Trespass
601.10-1. A person commits trespass if they enter or occupy Tribal land, or land owned by a
Tribal member located within the boundaries of the Reservation, without proper authorization and:
(a) Refuse to leave land to which they have no reasonable claim or right of possession
when requested to do so.
(b) After being notified by the landowner or lawful occupant that permission to enter has
been denied, revoked, or does not exist. Notification may be provided in the following
ways:
(1) Public notice through publication of the Land Access Map on the Nation’s website
and/or in the Nation’s newspaper.
(2) Physical posting of the land, which shall be deemed sufficient if one (1) of the
following conditions is met:
(i) A sign at least eleven inches (11”) square is placed in at least two (2)
conspicuous locations for every forty (40) acres of land. The sign must
include appropriate notice and the name of the person giving notice,
followed by “owner” if the person holds legal title, or “occupant” if the
person is a lawful occupant without legal title.
(ii) Markings at least one foot (1’) long, in a contrasting color, bearing the
phrase “Private Land” and the name of the owner, are placed in at least two
(2) conspicuous locations for every forty (40) acres.
(c) Engage in any of the following activities without proper authorization through a lease,
permit, or as otherwise required under applicable law:
(1) Destroy or damage land, waters, livestock, poultry, buildings, equipment, or
other property.
(2) Cut, destroy, or remove any wood, timber, plant, vegetation, or crop.
(3) Hunt, trap or fish, or attempt to do so.
(4) Dig, extract, or remove earth, soil, minerals, cultural resources, or other
property.
(5) Post, paint, or affix notices, advertisements, signs, or other public
communications on another’s property.
(6) Parks or operate a vehicle on the land.
(7) Permit or allow livestock or any domestic animal to enter or remain on the land.
(8) Uses or occupies leased or subleased lands in a manner that exceeds the
possessory rights granted under the terms of the lease or sublease.
(9) Dumps, deposits, places, throws, burns, emits or leaves any rubbish, refuse,
debris, substances, or object on any highway, road, air, waterway or land without
lawful authority or permission.
601.11. Records
601.1011-1. Purpose. Land Management shall oversee the administration of the Oneida Nation
Register of Deeds which shall accept and record documents related to real property located within
the Reservation, as well as documents related to all Tribal fee land, regardless of where it is located.
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601.1011-2. Types of Records. The Oneida Nation Register of Deeds may only accept
documents that provide evidence of activities affecting real property title, preserve the record of a
title document and give constructive notice of changes to a title document. Further, such
documents shall be originals, signed duplicates or certified copies. The following documents may
be accepted by the Oneida Nation Register of Deeds. may accept documents, including but not
limited to:
(a) Deeds;
(b) Probate orders;
(c) Mortgages and other valid liens;
(d) Easements, covenants, and restrictions;
(e) Certified survey maps and plats of survey;
(f) Patents;
(g) Declarations of involuntary transfer or taking;
(h) Satisfactions;
(i) Leases made pursuant to the Leasing law;
(j) Home ownership agreements made pursuant to the Landlord-Tenant law;
(k) Marriage agreements; and
(l) Correction of title defects.
601.1011-3. Accessibility. The Oneida Nation Register of Deeds shall provide open access to
land records and title documents subject to fees detailed in the fee schedule created by Land
Management and approved by the Land Commission.
601.1011-4. Trust Land. All documents pertaining to Tribal trust land and individual trust land
shall be recorded with the Oneida Nation Register of Deeds and the Bureau of Indian Affairs Land
Titles and Records Office.
601.1011-5. Tribal Seal. The Nation’s Secretary shall provide Land Management with the
Nation’s seal to be used to authenticate documents which are certified by the Oneida Nation
Register of Deeds.
601.1112.
Real Estate Education Requirements and Certifications
601.1112-1. Wisconsin Real Estate Education and Exam Required. All persons Land
Management employees engaging in the acquisition of Tribal fee land on behalf of the Nation,
specifically those performing real estate closings, shall pass the Wisconsin Real Estate License
Exam. Such persons are not required to obtain a Wisconsin Real Estate License, but shall fulfill
the pre-license education requirement, pass the licensing exam and fulfill a minimum of twelve
(12) hours or four (4) courses of continuing education requirements as required of Wisconsin real
estate licensees. The Land Management directorOneida Law Office shall select which continuing
education courses are required and the Oneida Law Office shall provide the director with a
recommendation. In addition to Wisconsin’s minimum education requirements as applied to the
Nation’s real estate employees in this law, Land Management shall require such employees to
attend real estate training specific to the Nation’s goals and unique positions as the Oneida Law
Office shall offer on an as-needed basis.
(a) While Wisconsin real estate law allows persons engaged in the sale of real estate to
earn a commission, persons acquiring Tribal fee land on behalf of the Nation are regular
employees of the Nation and, therefore, shall waive any commission for which they might
otherwise be eligible.
(b) It is critical to the Oneida Nation’s goal to reacquire property within the original
Reservation boundaries to have employees educated and experienced in executing real
estate transactions. Accordingly, Land Management shall, subject to budgetary constraints,
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employ a minimum of one (1) employee at least two (2) employees whose primary
focusresponsibility is real estate acquisitions and shall ensure that a minimum of two (2)
employees are one (1) employee is adequately educated and trained to serve as backupsa
backup to the primary personnel.
601.1112-2. TAAMS Certification Required. All persons responsible for encoding leasingTribal
Trust land information shall obtain a TAAMS certification, which includes, but is not limited to,
the following positions:.
(a) Residential and Commercial Leasing Specialists;
(a) Land Title and Trust Manager; and
(b) Title Examiner.
601.1112-3.
Fiduciary Responsibility. All persons employees of the Nation engaged in the
buying or selling of Tribal land shall, at all times, act as a fiduciary to the Nation. Further, all such
persons shall comply with all applicable Tribal and federal laws.
601.12.13. Enforcement
Organization
601.12-1. Comprehensive Housing Division. The Comprehensive Housing Division shall oversee
all residential transactions within the Reservation and shall process and administer such
transactions using the applicable of the Landlord-Tenant law, the Mortgage and Foreclosure law,
the Leasing law and/or the Eviction and Termination law; including any corresponding rules. In
addition, the Oneida Land Commission and the Comprehensive Housing Division shall exercise
joint rulemaking authority to provide process requirements, including but not limited to
advertising, notice, prequalification, and selection, that apply in all circumstances when the Nation
is selling a residential property.
601.12-2. Oneida Land Commission. The Oneida Land Commission is comprised of seven (7)
elected Tribal members and shall:
(a) Interpret the provisions of this law and create policy to guide Land Management in
implementing the same;
(b) Approve or deny all easements and land use licenses;
(c) Review and adopt Land Management’s standard operating procedures for entering

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ace53509cde970f62. Public record. Not legal advice.