Oneida Business Committee (2021)

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Public Packet

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Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, June 09, 2021

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

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

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

of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and

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

NOTICE

In accordance with the OBC Virtual meeting standard operating procedure, due to the Public

Health State of Emergency the OBC meeting will be held virtually through Microsoft Teams and

therefore be closed to the public. Any person who has comments or questions regarding open

session items may submit them to Secretary@oneidanation.org no later than the close of

business the day before the OBC meeting. Any comments or questions received shall be noticed

to the OBC and entered into the record as a handout by the Business Committee Support Office. A

recording of the virtual meeting shall be made available on the Nation’s website.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

OATH OF OFFICE

Pardon and Forgiveness Screening Committee - Sandra Skenadore

Sponsor: Lisa Liggins, Secretary

RESOLUTIONS

Adopt resolution entitled Approval of Use of Economic Development, Diversification

and Community Development Fund for Transfer of $2.4 Million to the Oneida Land

Commission

Sponsor: Justin Nishimoto, Strategic Planner

Oneida Business Committee

Regular Meeting Agenda

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June 09, 2021

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Adopt resolution entitled Setting Goals for Application of Funding from the

American Rescue Plan Act of 2021 to Direct Support to Individuals, Families,

Community and the Oneida Nation

Sponsor: Jo Anne House, Chief Counsel

Adopt resolution entitled Face Masks Updated – COVID-19 Pandemic

Sponsor: Jo Anne House, Chief Counsel

STANDING COMMITTEES

COMMUNITY DEVELOPMENT PLANNING COMMITTEE

Accept the March 4, 2021, regular Community Development Planning

Committee meeting minutes

Sponsor: Brandon Stevens, Vice-Chairman

Accept the April 8, 2021, regular Community Development Planning

Committee meeting minutes

Sponsor: Brandon Stevens, Vice-Chairman

LEGISLATIVE OPERATING COMMITTEE

Accept the May 19, 2021, regular Legislative Operating Committee meeting

minutes

Sponsor: David P. Jordan, Councilman

Adopt amendments to Community Support Fund Law rules #1-#18 –

Community Support Fund (a.k.a Community Support Handbook)

Sponsor: David P. Jordan, Councilman

QUALITY OF LIFE COMMITTEE

VII.

Accept the April 15, 2021, regular Quality of Life Committee meeting minutes

Sponsor: Marie Summers, Councilwoman

NEW BUSINESS

Approve the Behavioral Health request to post one (1) grant funded Clinical

Substance Abuse Counselor

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Approve the Behavioral Health request to post four (4) grant funded

Psychotherapists

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Approve the Behavioral Health request to post two (2) grant funded Social Workers

Sponsor: Geraldine Danforth, Area Manager/Human Resources

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June 09, 2021

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Approve the Eco Services request to post one (1) grant funded Resource

Conservationist Project Manager

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Approve the Land Management request to post one (1) grant funded Project

Manager

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Approve the Land Management request to post one (1) grant funded Title Examiner

Sponsor: Geraldine Danforth, Area Manager/Human Resources

Review Public Health Officer recommendation regarding General Tribal Council

meetings and determine next steps

Sponsor: Tehassi Hill, Chairman

Approve the Economic Support request to post three (3) LTE Community Support

Case Workers

Sponsor: Mark W. Powless, General Manager

Direct the Law Office to draft to a legal opinion regarding mandatory vaccination

options

Sponsor: Lisa Liggins, Secretary

REPORTS

OPERATIONAL

Accept the Public Works Division FY-2021 2nd quarter report

Sponsor: Jacque Boyle, Division Director/Public Works

CORPORATE BOARDS

Accept the Bay Bancorporation Inc. FY-2021 2nd quarter report

Sponsor: Jeff Bowman, President/Bay Bank

Accept the Oneida ESC Group, LLC FY-2021 2nd quarter report

Sponsor: John L. Breuninger, Chairman/Oneida ESC Group, LLC

Accept the Oneida Airport Hotel Corporation FY-2021 2nd quarter report

Sponsor: Kathy Hughes, Chairwoman/Oneida Airport Hotel Corporation

Oneida Golf Enterprise FY-2021 2nd quarter report (not submitted)

Sponsor: James Petitjean, Agent/Oneida Golf Enterprise

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June 09, 2021

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EXECUTIVE SESSION

REPORTS

Accept the April 2021 Treasurer's report (11:00 a.m.)

Sponsor: Tina Danforth, Treasurer

Accept the Bay Bancorporation Inc. FY-2021 2nd quarter executive report

(1:30 p.m.)

Sponsor: Jeff Bowman, President/Bay Bank

Accept the Oneida ESC Group, LLC FY-2021 2nd quarter executive report

(2:00 p.m.)

Sponsor: John L. Breuninger, Chairman/Oneida ESC Group, LLC

The Oneida Business Committee will recess at 2:30 p.m. for 30 minutes.

Accept the Oneida Airport Hotel Corporation FY-2021 2nd quarter executive

report (3:00 p.m.)

Sponsor: Kathy Hughes, Chairwoman/Oneida Airport Hotel Corporation

Oneida Golf Enterprise FY-2021 2nd quarter executive report (not submitted)

Sponsor: James Petitjean, Agent/Oneida Golf Enterprise

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

Joint Marketing 2nd quarter report (not submitted)

Sponsor: Lisa Liggins, Secretary

AUDIT COMMITTEE

Accept the April 15, 2021, regular, Audit Committee meeting minutes

Sponsor: David P. Jordan, Councilman

Accept the Bingo compliance audit and lift the confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept the Gaming Promotions and Player Tracking Systems compliance

audit and lift the confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept the Blackjack Rules of Play compliance audit and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

Accept the Gaming-Profits performance assurance audit and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

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Accept the Land Commission performance assurance audit and lift the

confidentiality requirement

Sponsor: David P. Jordan, Councilman

NEW BUSINESS

Approve one (1) new enrollment

Sponsor: Debbie Danforth, Chair/Trust Enrollment Committee

Adopt resolution entitled Regarding Pardon of Dolores M. Denny

Sponsor: Lisa Liggins, Secretary

Adopt resolution entitled Regarding Pardon of Rebecca L. Selwyn

Sponsor: Lisa Liggins, Secretary

Review and determine next steps regarding 2021 Annual Project/Goal #3 for

BCDR10

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Review BC Officer recommendations regarding NG-020-036-OIA and

determine next steps

Sponsor: Lisa Liggins, Secretary

Review recommendation regarding GMDR08 reporting structure and

determine next steps

Sponsor: David P. Jordan, Councilman & Marie Summers, Councilwoman

ADJOURN

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

Open Meetings law (§ 107.14.)

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

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

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

or (800) 236-2214

Oneida Business Committee

Regular Meeting Agenda

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June 09, 2021

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Pardon and Forgiveness Screening Committee - Sandra Skenadore

Business Committee Agenda Request

1. Meeting Date Requested:

06/09/21

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☒ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Brooke Doxtator, BCC Supervisor

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

BDOXTAT1

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Oneida Nation

Business Committee Support Office

PO Box 365  Oneida, WI 54155-0365

oneida-nsn.gov

Memorandum

TO:

Oneida Business Committee

FROM:

Brooke Doxtator, BCC Supervisor

DATE:

June 1, 2021

RE:

Oath of Office – Pardon and Forgiveness Screening Committee

Background

On May 26, 2021 the Oneida Business Committee appointed Sandra Skenadore to the

Pardon and Forgiveness Screening Committee.

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

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Adopt resolution entitled Approval of Use of Economic Development, Diversification and Community...

Motion to adopt resolution titled "Approval of Use of Economic Development, Diversification and Community

Development Fund for Transfer of $2.4 Million to the Oneida Land Commission".

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Jo Anne House, PhD | Chief Counsel

James R. Bittorf | Deputy Chief Counsel

Kelly M. McAndrews | Senior Staff Attorney

Law Office

Carl J. Artman

Krystal L. John

Peggy A. Schneider

Lydia M. Witte

MEMORANDUM

TO:

Justin Nishimoto, Business Analyst

Rae Skenandore, Budget Analyst

FROM:

Jo Anne House, Chief Counsel

DATE:

May 27, 2021

SUBJECT: Review Team Recommendation Request - Setting Goals for Application of

Funding from the American Rescue Plan Act of 2021

The Oneida Business Committee directed the proposed resolution transferring $2.4 million from

the Economic Development, Diversification and Community Development Fund to the Land

Commission to be brought back to its June 9, 2021 agenda for consideration. The resolution

proposes transfer of funds for three purposes:

(a) to support the implementation of the Homeownership by Independent Purchase (HIP) and

Tribal Housing Reacquisition of Individual Fee and Trust Title (THRIFTT) programs,

both of which permit the Nation to the buy the land the improvements sit upon in

exchange for a residential lease with the homeowner (50% of the $2.4 Million);

(b) for acquiring a landlocked parcel (20% of the $2.4 Million); and

ready for sale and to support demolition of buildings determined to be uninhabitable

(30% of the $2.4 Million).

At the May 26, 2021 meeting, the Oneida Business Committee also adopted resolution # BC-0526-21-__, Economic Development, Diversification and Community Development Fund –

Updating Review and Recommendation Responsibilities. This resolution contained the following

language.

WHEREAS, the Oneida Business Committee created the Economic Development and

Community Development Fund (EDD&CD Fund) in 2016 to hold returns on investment in

specific corporate entities created by the Oneida Nation; and

WHEREAS, the EDD&CD Fund holds returns on investment received by the Oneida Nation

from Oneida ESC Group and BayBank Corporation; and

WHEREAS, resolution # BC-01-23-19-C updated the EDD&CD Fund processes to access the

fund which requires a review and recommendation regarding any requests by the Community and

Economic Development Division Director; and

N7210 Seminary Road ● P.O. Box 109 ● Oneida, WI 54155 ● 920.869.4327

oneida-nsn.gov

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WHEREAS, since creation of the EDD&CDS Fund, the Oneida Nation has undergone reorganization such that a more appropriate review and recommendation should come from the

Business Analyst, Job # 03029; and

NOW THEREFORE BE IT RESOLVED, that “Community and Economic Development

Division Director” is replaced with “Review Team” in every place it occurs in resolution # BC01-23-19-C. The Review Team shall be made up of the Strategic Planner, job description #

03106, the Business Analyst, job description # 03029, and the Budget Analyst, job description #

03103 who shall provide a joint recommendation.

The transfer from the Economic Diversification, Development and Community Development

Fund requires a joint recommendation from the Review Team. The Strategic Planner is not yet

brought on board, however, is expected to begin prior to the June 9th Oneida Business Committee

meeting. I leave it to your discretion to include this individual in your joint recommendation if

time allows.

As requested by the Oneida Business Committee, please have a joint recommendation available

at the June 9, 2021 Oneida Business Committee meeting. Because of the need for a quick

response, you may want to contact Chad Wilson, Spec-Senior Information Management to

request additional time to complete this Oneida Business Committee directive.

If you have any questions about the resolution or its intent, please contact Pat Pelky, Division

Director.

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

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MEMORANDUM

To:

From:

cc:

Date:

Re:

Oneida Business Committee

Economic Development, Diversification and Community Development Fund

Review Team

Rae Skenandore, Budget Analyst

Justin Nishimoto, Business Analyst

Mark Powless, General Manager

Pat Pelky, EHS&L Director

June 2, 2021

Resolution #BC-05-26-21-___ Economic Development, Diversification and

Community Development Fund –Updating Review and Recommendation

Responsibilities.

This memo is in response to Resolution #BC-05-26-21-___ Economic Development,

Diversification and Community Development Fund –Updating Review and Recommendation

Responsibilities delegating a review team made up of the Strategic Planner, job description

#03106, the Business Analyst, job description # 03029, and the Budget Analyst, job description

#03103 to provide a joint recommendation on the use of the Economic Development,

Diversification and Community Development Fund. Only two members listed in the above

resolution were available to develop this recommendation.

The Oneida Land Commission and the Oneida Business Committee staff presented

recommendations for use of the remaining $2.4 million in land acquisition funds deriving from

the Economic Development, Diversification and Community Development Fund budgeted for

fiscal year 2021. This included funding to support the implementation of the Homeownership by

Independent Purchase (HIP) and Tribal Housing Reacquisition of Individual Fee and Trust Title

(THRIFTT) programs, acquiring a landlocked parcel, and for repairs and improvements needed

to get the current residential sale inventory ready for sale and to support demolition of buildings

determined to be uninhabitable.

The resolution identifies the following:

a) 50% of the total $2.4 or $1.2 million for the Homeownership by Independent Purchase

(HIP) and Tribal Housing Reacquisition of Individual Fee and Trust Title (THRIFTT)

programs.

b) acquiring a landlocked parcel for 20% of the $2.4 Million, or $480,000.

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c) for the repairs and improvements needed to get the current residential sale inventory

ready for sale and to support demolition of buildings determined to be uninhabitable for

30% of the $2.4 Million, or $720,000.

A review of the information provided reveals the following:

a) The HIP program is a proven and very successful program implemented through Bay

Bank utilizing the U.S. Department of Housing and Urban Development Section 184

Indian Home Loan Guarantee Program. Title 6. Property and Land – Chapter 601 REAL

PROPERTY Rule # 1 – Homeownership by Independent Purchase (HIP) identifies the

Purpose and Policy, Adoption and Authority, Definitions, General, Eligible Buyers,

Eligible Properties, and Required Process.

b) Beyond the language in the resolution that states Tribal Housing Reacquisition of

Individual Fee and Trust Title (THRIFTT) program permits the Nation to buy the land

that improvements sit upon in exchange for a residential lease with the homeowner, there

is no information available or provided on the purpose and policy of a THRIFTT

Program.

c) The resolution states $480,000 has been identified for acquiring a land locked parcel.

The review team is assuming that this is a misstatement and the purpose is to acquire a

parcel which would then provide legal access to a land locked parcel. The team could

also assume that one or both parcels would then be offered for HBO sites. However, this

information has not been provided. There is no intended use beyond the assumed intent to

unlock a land locked parcel. There is also no indication if the $480,000 is sufficient for

the acquisition of this parcel or what the process is for returning any remaining funds or

requesting additional funds if the identified $480,000 is not sufficient.

d) The list of Oneida Residential Properties Needed Repairs/Demolition was presented to

the review team as part of the resolution information. The list only identifies three homes

in need of $162,417 in repairs & remodeling. $557,583 remains to address unidentified

costs of demo’s and repairs with the future use of the parcels listed as undetermined.

e) If the site is not appropriate for residential development, no other uses have been

identified. More specifically, is there a LUTU (Land Use Technical Unit) review

available on the properties?

f) There is no indication of what will be done with the proceeds from the sale of repaired

and remodeled homes.

g) There is no indication if the two scheduled demos are included in the 2021 budget or if

these are additional demos.

The 2014 Comprehensive Plan was created as a resource to provide guidance to Tribal leaders,

departments, and members. The Plan is a framework for making daily and long-term

decisions pertaining to the Oneida Community. Goals and objectives were identified and tracked

relating to the following Planning Elements:

• Health Care

• Public Safety

• Education

• Government Coordination and Regulations

• Housing

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Economic Development

Community Design

Agriculture

Parks and Recreation

Natural Resources

Utilities

Environmental Protection

Community Facilities

Cultural Resources

Transportation

Land Policy

Most of these Plan Elements would be considered Economic Development, Diversification and

Community Development that provide goals that would fit within the assumed definition of

projects of initiatives available for the use of this fund and therefore the review team utilized this

document as a framework. For example, the primary goal of the Tribal Housing Entities is to

provide multiple and affordable housing options for the citizens of our community.

The following joint recommendation were developed based on and utilizing the approved

Comprehensive Plan as a framework and the information provided to the team.

a) To approve $1.2 million for the HIP program.

b) To approve $162,417 for home remodel and repairs to offer the homes for sale to the

membership.

c) All proceeds for home sales to be utilized only for housing repair, remodel, or demolition

specifically to housing offerings for the membership.

d) All other funds be held within the Economic Development, Diversification, and

Community Development Fund until a specific program is developed, costs, and intended

use of parcels can be specified to fit within the intended use of the funding.

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Approval of Use of Economic Development, Diversification and Community Development Fund for

Transfer of $2.4 Million to the Oneida Land Commission

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

the Economic Development, Diversification and Community Development Fund was

created by resolutions # BC-09-28-16-B, BC-07-12-17-A, and BC-01-23-19-D and the

procedures for use of the fund set forth in resolution # BC-12-12-18-B and BC-01-23-19C, Updating and Clarifying Access to the Economic Development, Diversification and

Community Development Fund As Amended; and

WHEREAS,

the Oneida Land Commission is responsible for evaluating and deciding on the acquisition

of land on behalf of the Oneida Nation; and

WHEREAS,

upon request from the Oneida Land Commission and the Oneida Business Committee staff

presented recommendations for use of the remaining approximate $2.4 million in land

acquisition funds deriving from the Economic Development, Diversification and Community

Development Fund budgeted for fiscal year 2021, which include funding to support the

implementation of the Homeownership by Independent Purchase (HIP) and Tribal Housing

Reacquisition of Individual Fee and Trust Title (THRIFTT) programs, acquiring a

landlocked parcel, and for repairs and improvements needed to get the current residential

sale inventory ready for sale and to support demolition of buildings determined to be

uninhabitable; and

WHEREAS,

the recommendation from staff were supported by the Oneida Land Commission at the

April 26, 2021 Oneida Land Commission meeting; and

WHEREAS,

the funding for land acquisition for Fiscal Year 2021 is identified as deriving from the

Economic Development, Diversification and Community Development Fund; and

WHEREAS,

utilizing the Economic Development, Diversification and Community Development Fund to

as outlined above is supporting a “community project which nurture and sustain Oneida

families” by ensuring housing is available and unsafe structures are demolished; and

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BC Resolution _____________

Approval of Use of Economic Development, Diversification and Community Development Fund for

Transfer of $2.4 Million to the Oneida Land Commission

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NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee does approve the allocation of

$2.4 million from the Economic Development, Diversification and Community Development Fund for the

purposes of supporting the housing resources by transferring funding for the purposes of –

(a) to support the implementation of the Homeownership by Independent Purchase (HIP) and Tribal

Housing Reacquisition of Individual Fee and Trust Title (THRIFTT) programs, both of which permit

the Nation to the buy the land the improvements sit upon in exchange for a residential lease with

the homeowner (50% of the $2.4 Million);

(b) for acquiring a landlocked parcel (20% of the $2.4 Million);

and to support demolition of buildings determined to be uninhabitable (30% of the $2.4 Million); and

identifies the Oneida Land Commission as the responsible party for authorization of expenditure of these

funds.

BE IT FINALLY RESOLVED, that the Comprehensive Housing Division and the Land Management

Department shall report to the Oneida Business Committee the status of the funds at the close of fiscal

year 2021; any funds not spent by the close fiscal year 2021 shall roll over into the fiscal year 2022 Land

Acquisition Fund, provided that such funds must be allocated in accordance with this resolution.

Public Packet

List of Oneida Residential Properties Needed Repairs/Demolition

Property

Status

Properties Managed by CHD

Approximately $36,467 in repairs needed ($1,475 required by

W882 Bain Road

home inspection and $35,000 for remodeling)

Approximately $78,450 in repairs needed ($28,450 required by

2860 West Mason

home inspection and $50,000 for remodeling)

W788 Country Road

Approximately $47,500 in repairs needed ($10,500 required by

home inspection and $37,000 for remodeling)

Acquired through foreclosure 8/11/2020 and not been assessed

W386 Crook Road

by CHD yet

2458 County Road EE Demolition recommended by Team

1156 Riverdale Drive

Demolition recommended by Team

1160 Riverdale Drive

Demolition recommended by Team

3140 Jonas Circle

Demolition recommended by Team

Acquired through lease enforcement 3/12/2021 – plans to rehab

1329 Onu-U-Sla Way

using HUD funds and offer as a rental or rent-to-own

Acquired through lease enforcement 4/9/2021 – potential to sell

602 Florist Drive

to a family member to keep the plot in the family

Properties Managed by Land Management

N6522 County Road E LC approved demolition on 10-1-2020 as a priority

1200 Orlando

Scheduled for CIP Demos

Intended use may not be residential, if use cannot be

894 Riverdale

determined will be scheduled for CIP demo

1071 Riverdale

Scheduled for CIP Demos

Land Management wants to transfer to CHD, CHD does not

want to accept transfer because no funds to repair – home

223 Crook Road

inspection showed $22,000 in needed repairs and would require

extensive updates to bring to a selling standard.

$26,500 in repairs required by home inspection and additional

431 Hillcrest

updates to be assessed – intended use may not be residential

N7890 Cooper Road

Should be demolished

W132 Service Road

Was the old post office – use is not yet determined

4045 Hillcrest

In Hobart waiting on legal from court case

2310 S. Overland

Log home – intended use it not decided, may not be residential

Former language house – future use is not yet determined, may

3757 Hillcrest Dr

not be residential

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

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Approval of Use of Economic Development, Diversification and Community Development Fund

for Transfer of $2.4 Million to the Oneida Land Commission

Summary

The resolution approves an allocation of two million and four hundred thousand dollars

($2,400,000) from the Fund for the purposes of supporting the housing resources by having

funding available to support the implementation of the Homeownership by Independent Purchase

(HIP) and Tribal Housing Reacquisition of Individual Fee and Trust Title (THRIFTT) programs,

acquire a landlocked parcel, and conduct repairs and improvements needed to get the current

residential sale inventory ready for sale and to support demolition of buildings determined to be

uninhabitable.

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

Date: June 3, 2021

Analysis by the Legislative Reference Office

The Oneida Business Committee has adopted resolutions which set aside funds disbursed from

corporations to the Nation in an Economic Development, Diversification and Community

Development fund (“the Fund”) and describes the process for accessing those funds. [Resolutions

BC-09-28-16-B, BC-07-12-17-A, BC-12-12-18-B, BC-01-23-19-C, BC-01-23-19-D, and BC-0526-21-B]. When a request to utilize monies from the Fund is received, the Review Team,

comprised of the Strategic Planner, Business Analyst and the Budget Analyst, review the request

for use of the Fund and determines if the proposed use is consistent with the Fund. The Review

Team is then required to provide a written recommendation to the Oneida Business Committee

regarding whether to authorize the allocation from the Fund to a specific project identified by a

contract number, CIP number, economic development opportunity number or other easily

trackable number or designation. The Oneida Business Committee is then responsible for

authorizing use of the Fund by a resolution clearly identifying the amount of funds authorized and

purpose of the funds, which may be identified by a contract number, CIP number, economic

development opportunity number or other easily trackable number or designation, and the

employee responsible for authorizing expenditures of the authorized amount.

A recommendation for this request for use of the Fund has been requested from the Review Team.

Through the adoption of this resolution the Oneida Business Committee would be approving an

allocation of two million and four hundred thousand dollars ($2,400,000) from the Fund for the

purposes of supporting the housing resources by transferring funding for the purposes of:

 supporting the implementation of the Homeownership by Independent Purchase (HIP) and

Tribal Housing Reacquisition of Individual Fee and Trust Title (THRIFTT) programs, both

of which permit the Nation to the buy the land the improvements sit upon in exchange for

a residential lease with the homeowner (50% of the $2.4 Million);

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acquiring a landlocked parcel (20% of the $2.4 Million); and

conducting repairs and improvements needed to get the current residential sale inventory

ready for sale and to support demolition of buildings determined to be uninhabitable (30%

of the $2.4 Million).

This resolution provides that utilizing the Fund for land acquisition supports a “community project

which nurture and sustain Oneida families” by ensuring housing is available and unsafe structures

are demolished. The Oneida Land Commission is identified as the responsible party for the

expenditure of these funds.

This resolution also directs that the Comprehensive Housing Division and the Land Management

Department report to the Oneida Business Committee on the status of the funds at the close of

Fiscal Year 2021, and that any funds not spent by the close Fiscal Year 2021 shall roll over into

the Fiscal Year 2022 Land Acquisition Fund, provided that such funds must be allocated in

accordance with this resolution.

Conclusion

Upon recommendation from the Review Team that the requested use of two million and four

hundred thousand dollars ($2,400,000) for the purposes of supporting the housing resources is

consistent with the purpose of the Fund, adoption of this resolution would not conflict with any of

the Nation’s laws.

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Adopt resolution entitled Setting Goals for Application of Funding from the American Rescue Plan Act of...

Motion to adopt resolution titled "Setting Goals for Application of Funding from the American Rescue Plan Act of

2021 to Direct Support to Individuals, Families, Community and the Oneida Naiton".

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Setting Goals for Application of Funding from the American Rescue Plan Act of 2021 to Direct

Support to Individuals, Families, Community and the Oneida Nation

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

the world has been impacted by the negative effects of the COVID-19 pandemic; and

WHEREAS,

President Biden signed into law the American Rescue Plan Act of 2021 (ARPA) which

provides direct financial assistance to tribal nations to assist in recovering from the health,

financial and social impacts of this pandemic; and

WHEREAS,

the Oneida Nation will receive three tranches of Federal Relief Funds (ARPA FRF) to be

obligated for recovery activities by December 31, 2024; and

WHEREAS,

the Oneida Business Committee has determined identifying the general purpose of the

funding provides guidance to the Oneida Nation organization and awareness to the

membership, of how these funds are being used to help the Oneida Nation; and

WHEREAS,

the Oneida Business Committee adopted Broad Goal Statements at its May 26, 2021

regular meeting to provide guidance to the organization in programming and budgeting for

the next three years; and

WHEREAS,

the Oneida Business Committee believes the Broad Goal Statements will provide a sound

basis for utilization of the ARPA FRF and that percentages of allocations assigned to each

goal will help meet those individual, family, community and Nation needs to emerge

stronger from this pandemic;

WHEREAS,

the Oneida Business Committee, with advice and recommendation from the Finance

Office, has determined that utilizing the ARPA FRF for the provision of government

services to the extent of a reduction in the Oneida Nation’s general revenue, calculated in

accordance with 42 U.S.C 801 et seq. and 31 C.F.R. PART 35, will provide the best use of

the funds;

GENERAL APPLICATION OF ARPA FRF

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BC Resolution # _______

Setting Goals for Application of Funding from the American Rescue Plan Act of 2021 to Direct

Support to Individuals, Families, Community and the Oneida Nation

Page 2 of 3

(R1) NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee adopts the following general

guidelines for use of the ARPA Section 9901 FRF which is set forth in the new 42 U.S.C. s. 801 et seq.

(ARPA FRF).

1. to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID19) or its negative economic impacts, including assistance to households, small businesses, and

nonprofits, or aid to impacted industries such as tourism, travel, and hospitality;

2. to respond to workers performing essential work during the COVID-19 public health emergency by

providing premium pay to eligible workers of the Oneida Nation performing such essential work;

for the provision of government services to the extent of the reduction in the revenue of Oneida

Nation prior to the emergency; or

4. to make necessary investments in water, sewer, or broadband infrastructure.

(R2) BE IT FURTHER RESOLVED, the Oneida Business Committee directs that ARPA FRF shall be

primarily allocated to section 3, “for the provision of government services to the extent of the reduction in

the revenue of Oneida Nation prior to the emergency.”

RESPONSIBLE PARTIES FOR ARPA FRF CALCULATIONS AND APPLICATION

(R3) BE IT FURTHER RESOLVED, the Oneida Business Committee directs the following actions regarding

ARPA FRF.

1. The Finance Office shall be responsible for calculating the value of lost revenue under ARPA FRF

and obtaining a legal opinion from the Law Office regarding the use and allocations of lost revenue.

2. Upon calculation of the value of lost revenue, the Finance Office shall take such steps to identify

application of lost revenue within the current year (FY2021) or future draft budgets (FY2022 and

FY2023) to the greatest extent possible.

3. All lost revenue application shall be placed in the Investment Report in a line titled “ARPA FRF

LR”.

4. ARPA FRF shall have pro rata share of interest income assigned each year to the remainder of the

fund balance.

5. The Finance Office shall report annually to the Oneida Business Committee regarding the value of

the fund, interest income, and the obligation to projects approved to be funded in a manner that

confirms the funds are being allocated as identified in Resolve # 4.

6. The Finance Office shall report to the Oneida Business Committee concluding reports on two

occasions – within 30 days of when the deadline for approval of projects and obligation of funding

has passed and within 30 days of when the deadline for expenditure of funding has passed.

ALLOCATION OF PERCENTAGE APPLICATION OF ARPA FRF EACH FISCAL YEAR

(R4) BE IT FURTHER RESOLVED, the Oneida Business Committee sets the following use and purpose

of the ARPA FRF as guidance over the next three years in providing services; creating individual

opportunities to increase health, living and economic standards; and, building or developing infrastructure

to strengthen the Oneida Nation as set forth in the attached spreadsheet which may be amended from time

to time by the Oneida Business Committee to clarify application or meet emerging needs.

APPLICATION FOR USE OF ARPA FRF

(R5) BE IT FURTHER RESOLVED, the Oneida Business Committee directs an Oneida Nation ARPA FRF

Program office (FRF Program Office) be created within the Accounting Department which is responsible for

the following tasks.

1. Identifying a tracking system that requires all projects to have a project title and an identifier number

for tracking which shall be placed on the application after received and be placed on all contracts,

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BC Resolution # _______

Setting Goals for Application of Funding from the American Rescue Plan Act of 2021 to Direct

Support to Individuals, Families, Community and the Oneida Nation

Page 3 of 3

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purchase orders, invoices, and other documentation and included in all on-line documents, files,

and related information. A “project” in the Oneida Nation ARPA FRF Program means any

application presented for the use of FRF with a tracking number and project title.

Developing accounting processes to manage funding and expenditures attributed to approved

projects with the Project Owner.

Develop an on-line system for accepting project applications and related documentation with the

assistance of appropriate departments.

Develop and draft minimum Standard Operating Procedure(s) meeting regulatory requirements.

Develop and submit reporting to federal agency regarding FRF.

(R6) BE IT FURTHER RESOLVED, the Oneida Business Committee adopts the following project approval

process which shall be supplemented with needed Standard Operating Procedures approved by the FRF

Program Office.

1. Applications are reviewed by the FRF Program Office for compliance with the allocation of

percentages set forth in Resolve #4, Allocation Of Percentage Application Of ARPA FRF Each

Fiscal Year, and completeness of information provided, and, if necessary approved by the Review

Team for compliance with the four broad categories.

2. The FRF Program Office places the project on the Oneida Business Committee agenda for

approval, denial, or returned to project owner with suggested amendments.

3. Expenditures under approved projects, which shall be treated as budgeted projects, shall be

authorized by the Project Owner in accordance with approved expenditure sign-off levels as

identified in the Sign-Off Authority form developed for each budget cycle.

4. The project owner shall provide monthly reporting to the Oneida Business Committee on project

status and a final project report identifying, at minimum – total cost and both tangible and intangible

benefits to the Oneida Business Committee work session.

APPROVAL FOR APPLICATION OF ALL OTHER ARPA FUNDS

(R7) BE IT FINALLY RESOLVED, all funds allocated under ARPA that are not included in ARPA FRF shall

be presented to the Oneida Business Committee for approval by resolution and managed through the

Grants Office, or when deriving from a self-governance contract through the Self-Governance Office.

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # Leave this line blank

Setting Goals for Application of Funding from the American Rescue Plan Act of 2021 to Direct

Support to Individuals, Families, Community and the Oneida Nation

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

the world has been impacted by the negative effects of the COVID-19 pandemic; and

WHEREAS,

President Biden has signed into law the American Rescue Plan Act of 2021 (ARPA) which

provides direct financial assistance to tribal nations to assist in recovering from the health,

financial and social impacts of this pandemic; and

WHEREAS,

there are three groups the Oneida Nation will receive three tranches of Federal Relief

Funds (ARPA FRF) that will be received by the Oneida Nation to be obligated for recovery

projects activities over the next three yearsby December 31, 2024; and

WHEREAS,

the Oneida Business Committee has adopted resolution # BC-05-26.2021-__, Process for

Authorization and Use of the American Rescue Plan Act of 2021 Federal Relief Funds,

which is intended to approve, track and report on the use of ARPA FRF; and

WHEREAS,

the Oneida Business Committee has also determined that identifying the general purpose

of the funding will provides guidance to the Oneida Nation organization and awareness to

the membership, of how these funds are being used to help the Oneida Nation and all of

us emerge stronger from this pandemic; and

WHEREAS,

the Oneida Business Committee has adopted Broad Goal Statements at its May 26, 2021

regular meeting which are intended to provide guidance to the organization in programming

and budgeting for the next three years; and

WHEREAS,

the Oneida Business Committee believes the Broad Goal Statements will provide a sound

basis for utilization of the ARPA FRF and that percentages of allocations assigned to each

goal will help meet those individual, family, community and Nation needs to emerge

stronger from this pandemic;

WHEREAS,

the Oneida Business Committee, with advice and recommendation from the Finance

Office, has determined that utilizing the ARPA FRF for Replacement Revenue lost revenue

to funding government operations will provide the best use of the funds and allow the

Oneida Business Committee a greater opportunity to allocation available Tribal

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BC Resolution # _______

Setting Goals for Application of Funding from the American Rescue Plan Act of 2021 to Direct Support to Individuals,

Families, Community and the Oneida Nation

Page 2 of 4

Contribution Replacement Funds to meet direct membership needs, infrastructure

development such as apartments, food production facilities, water/sewer lines, as

examples;

GENERAL APPLICATION OF ARPA FRF

(R1) NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee adopts the following general

guidelines for use of the ARPA Section 9901 FRF which is set forth in the new 42 U.S.C. s. 602 (ARPA

FRF).

1. to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID19) or its negative economic impacts, including assistance to households, small businesses, and

nonprofits, or aid to impacted industries such as tourism, travel, and hospitality;

2. to respond to workers performing essential work during the COVID-19 public health emergency by

providing premium pay to eligible workers of the Oneida Nation performing such essential work;

3. for the provision of government services to the extent of the reduction in the revenue of Oneida

Nation prior to the emergency; or

4. to make necessary investments in water, sewer, or broadband infrastructure.

(R2) BE IT FURTHER RESOLVED, the Oneida Business Committee directs that ARPA FRF shall be

primarily allocated to section 3, “for the provision of government services to the extent of the reduction in

the revenue of Oneida Nation prior to the emergency.”

RESPONSIBLE PARTIES FOR REPLACEMENT REVENUE CALCULATIONS AND APPLICATION

(R3) BE IT FURTHER RESOLVED, the Oneida Business Committee directs the following actions regarding

ARPA FRF.

1. The Finance Office shall be responsible for calculating the value of replacement revenuelost

revenue under ARPA FRF and obtaining a legal opinion from the Law Office regarding the use and

allocations of replacement revenuelost revenue.

2. Upon calculation of the value of replacement revenuelost revenue, the Finance Office shall take

such steps to identify application of replacement revenuelost revenue within the current year

(FY2021) or future draft budgets (FY2022 and FY2023) to the greatest extent possible.

3. All replacement revenue application shall have such Tribal Contribution dollars transferred to the

Owners Report under a line titled “Tribal Contribution Replacement Fund” and the Finance Office

shall develop a memorandum opinion which identifies the applicable regulations and agency FAQs

regarding revenue replacement funds and outlines the broad parameters regarding how the Tribal

Contribution Replacement funds may be used in accordance with ARPA to provide guidance to any

programming requests. All lost revenue application shall be placed in the Investment Report in a

line titled “ARPA FRF LR”.

4. Tribal Contribution Replacement Funds shall have pro rata share of interest income assigned each

year to the remainder of the fund balance.

5. The Finance Office shall report annually to the Oneida Business Committee regarding the value of

the fund, interest income, and the obligation to projects approved to be funded in a manner that

confirms the funds are being allocated as identified in Resolve # 4.

6. The Finance Office shall report to the Oneida Business Committee concluding reports on two

occasions – within 30 days of when the deadline for approval of projects and obligation of funding

has passed and within 30 days of when the deadline for expenditure of funding has passed.

ALLOCATION OF PERCENTAGE APPLICATION OF TRIBAL CONTRIBUTION REPLACEMENT

FUNDS EACH FISCAL YEAR

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BC Resolution # _______

Setting Goals for Application of Funding from the American Rescue Plan Act of 2021 to Direct Support to Individuals,

Families, Community and the Oneida Nation

Page 3 of 4

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(R4) BE IT FURTHER RESOLVED, the Oneida Business Committee sets the following use and purpose

of the Tribal Contribution Replacement Funds as guidance over the next three years in providing services;

creating individual opportunities to increase health, living and economic standards; and, building or

developing infrastructure to strengthen the Oneida Nation as set forth in the attached spreadsheet which

may be amended from time to time by the Oneida Business Committee to clarify application or meet

emerging needs.

APPLICATION FOR USE OF TRIBAL CONTRIBUTION REPLACEMENT FUNDS

(R5) BE IT FURTHER RESOLVED, the Oneida Business Committee directs an Oneida Nation ARPA FRF

Program office (FRF Program Office) be created within the Accounting Department which is responsible for

the following tasks.

1. Identifying a tracking system that requires all projects to have a project title and an identifier number

for tracking which shall be placed on the application after received and be placed on all contracts,

purchase orders, invoices, and other documentation and included in all on-line documents, files,

and related information. A “project” in the Oneida Nation ARPA FRF Program means any

application presented for the use of FRF with a tracking number and project title.

2. Developing accounting processes to manage funding and expenditures attributed to approved

projects with the Project Owner.

3. Develop an on-line system for accepting project applications and related documentation with the

assistance of appropriate departments.

4. Develop an on-line accessible library containing all applications, monthly reports, and final reports

with the assistance of appropriate departments.

5. Develop and draft minimum Standard Operating Procedure(s) meeting regulatory requirements.)

regarding.

a. Describes tracking identifier system and project title tracking system.

b. Project application requirements which includes the minimum requirements of an identified

owner, description of purpose within the allocation percentages listed in Resolve # 4, time

frame for project start and completion, expected project costs, and expected project

benefits.

c. Documentation requirements, for example invoices, purchase orders, and contracts.

d. Accounting systems business unit development to track funding use within projects and

across projects.

e. Process for review of applications, including identifying a Review Team made up of a

minimum of FRF Program Office staff to present the application, a representative from the

Finance Office, the direct report to the Oneida Business Committee under which the

application will be conducted (i.e. General Manager, Gaming General Manager, Retail

General Manager, non-divisional, etc.), and the Attorney assigned by Chief Counsel.

Alternates in the event of a conflict of interest shall be identified by the FRF Program Office

staff.

f.a. Monthly reporting to the Oneida Business Committee by the FRF Program Office on

approved projects, applications and remaining FRF balance.

6.4. Develop and submit reporting to federal agency regarding FRF.

(R6) BE IT FURTHER RESOLVED, the Oneida Business Committee adopts the following project approval

process which shall be supplemented with needed Standard Operating Procedures approved by the FRF

Program Office.

1. Applications are reviewed by the FRF Program Office for compliance with the allocation of

percentages set forth in Resolve #4, Allocation Of Percentage Application Of Tribal Contribution

Replacement Funds Each Fiscal Year, and completeness of information provided, and, if necessary

approved by the Review Team for compliance with the four broad categories.

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BC Resolution # _______

Setting Goals for Application of Funding from the American Rescue Plan Act of 2021 to Direct Support to Individuals,

Families, Community and the Oneida Nation

Page 4 of 4

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2. The FRF Program Office places the project on the Oneida Business Committee agenda for

approval, denial, or returned to project owner with suggested amendments.

3. Expenditures under approved projects, which shall be treated as budgeted projects, shall be

authorized by the Project Owner in accordance with approved expenditure sign-off levels as

identified in the Sign-Off Authority form developed for each budget cyclefor budgeted activities.

4. The project owner shall provide monthly reporting to the Oneida Business Committee on project

status and a final project report identifying, at minimum – total cost and both tangible and intangible

benefits to the Oneida Business Committee work session.

APPROVAL FOR APPLICATION OF ALL OTHER ARPA FUNDS

(R7) BE IT FINALLY RESOLVED, all applications for funds allocated for specific programming under ARPA

that are not included in ARPA FRF shall be presented to the Oneida Business Committee for approval by

resolution and managed through the Grants Office, or when deriving from a self-governance contract

through the Self-Governance Office.

RaLinda Ninham Lamberies recommendations.

Carl Artman recommendations.

Larry Barton – no recommended changes.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Setting Goals for Application of Funding from the American Rescue Plan Act of 2021 to Direct

Support to Individuals, Families, Community and the Oneida Nation

Summary

The resolution sets forth a process for the authorization and use of the American Rescue Plan Act

of 2021 Federal Relief Funds.

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

Date: June 4, 2021

Analysis by the Legislative Reference Office

The Oneida Nation and its members have been severely impacted by the COVID-19 pandemic.

The United States government has developed and adopted the American Rescue Plan Act of 2021

(ARPA) which provides direct financial assistance to tribal nations to assist in recovering from the

health, financial, and social impacts of this pandemic. The Oneida Nation will receive three (3)

tranches of Federal Relief Funds (ARPA FRF) to be obligated for recovery activities by December

31, 2024. This resolution provides that the Oneida Business Committee determined identifying the

general purpose of the funding provides guidance to the Oneida Nation organization and awareness

to the membership, of how these funds are being used to help the Nation.

On May 26, 2021, the Oneida Business Committee adopted Broad Goal Statements to provide

guidance to the organization in programming and budgeting for the next three (3) years. The

Oneida Business Committee believes the Broad Goal Statements will provide a sound basis for

utilization of the ARPA FRF and that percentages of allocations assigned to each goal will help

meet those individual, family, community, and Nation needs to emerge stronger from this

pandemic. The Oneida Business Committee, with advice and recommendation from the Finance

Office, has determined that utilizing the ARPA FRF for the provision of government services to

the extent of a reduction in the Oneida Nation’s general revenue, calculated in accordance with 42

U.S.C 801 et seq. and 31 C.F.R. PART 35, will provide the best use of the funds.

Through the adoption of this resolution the Oneida Business Committee adopts general application

guidelines for use of the ARPA FRF and directs that ARPA FRF shall be primarily allocated for

the provision of government services to the extent of the reduction in the revenue of the Nation

prior to the emergency. This resolution then identifies the responsible parties, the Finance Office

and Oneida Law Office, for ARPA FRF calculations and application, and bestows upon those

parties various responsibilities and directives.

This resolution then sets forth, in an attached spreadsheet, use and purpose of the ARPA FRF as

guidance over the next three (3) years, in regard to the allocation of percentage application, for

providing services; creating individual opportunities to increase health, living and economic

standards; and, building or developing infrastructure to strengthen the Oneida Nation. The

Page 1 of 2

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resolution provides that the attached spreadsheet may be amended from time to time by the Oneida

Business Committee to clarify application or meet emerging needs.

Through this resolution the Oneida Business Committee directs an Oneida Nation ARPA FRF

Program office (FRF Program Office) be created within the Accounting Department and provides

the specific tasks and responsibilities that the FRF Program Office will be responsible for. This

resolution also provides the project approval process which shall be supplemented with necessary

standard operating procedures approved by the FRF Program Office.

The resolution then provides that all funds allocated under ARPA that are not included in ARPA

FRF shall be presented to the Oneida Business Committee for approval by resolution and managed

through the Grants Office, or when deriving from a self-governance contract through the SelfGovernance Office.

Conclusion

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

Page 2 of 2

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American Recovery Plan Act - FRF; Lost Rev

FRF Funds Received

Proposed ARPA FRF LR Funds Use

Categories Based on Broad Goals - Focus Allocation

Total Allocations

$ based on % in Total

Funding Received

Fiscal Year 2021

% Allocation - FY2021 Fiscal Year 2021

Allocation

Fiscal Ye

% Allocation - FY2022

1,742,160.27

Direct Membership Assistance*

45.00% $

58,075,714.36

45.00% $

17,828,308.32

45.00%

Formula - 65% of FRF - Enrollment

82,113,228.55

Housing - focus year one on apartments,

decide on use for years 2 and 3; with an

overall focus on middle income housing

16.37% $

21,126,545.36

20.00% $

7,923,692.59

20.00%

Formula - 35% of FRF - Employment - Estimated May 27, 2021

35,000,000.00

Food and Agriculture - focus year one on

food sovereignty infrastructure; years 2 and 3

on potential processing centers/operations

11.42% $

14,738,068.21

20.00% $

7,923,692.59

5.00%

Total Funding Received and Allocated to Lost Revenue

118,855,388.82

Education - focus on increasing post highschool education opportunities.

6.93% $

8,943,868.01

0.00% $

10.00%

Potential one year interest income on the remaining of FRF Funds

after first year. Example calculation of simple interest on $79.2 million

at 5%.

5,942,769.44

Culture & Language - focus on creating

programming and infrastructure

9.67% $

12,479,815.83

10.00% $

3,961,846.29

9.00%

Remainder allocated for FY2022 (Total Less Fiscal Year 2021)

Plus Interest Income

85,179,695.32

Revenue Generation - focus on improving

parks and gathering areas, pow wow grounds

2.15% $

2,768,340.10

0.00% $

1.00%

Potential one year interest income on the remaining of FRF Funds

after second year. Example calculation of simple interest on $39.2

million at 5%.

4,258,984.77

Government Roles and Responsibilties focus in improving GTC resources through

technology

3.47% $

4,471,934.00

0.00% $

5.00%

Remainder allocated for FY2023 (Less Fiscal Year 2021 and

Fiscal Year 2022)+ Interest Income

46,848,832.43

Overall Priority - Land, Infrastructure,

Sovereignty

5.00% $

6,452,857.15

5.00% $

1,980,923.15

5.00%

Formula - Pro rata share of $1 billion

Total Uses

100% $

129,057,143.03

100% $

39,618,462.94

100%

NOTE: PERCENTAGES IDENTIFIED IN FY2021 ARE FROM WORK SESSION, PERCENTAGES IDENTIFIED IN FY2022 AND 2023 ARE EXAMPLES ONLY. The pe

General Flow

ARPA FRF 100% Lost Revenue Allocation of TC each Fiscal Year

TC will go to ARPA FRF LR Investments

Funds from ARPA FRF LR Investments will then be allocated via projects approved by the Oneida Business Committee

NOTES:

1. Review "Description" column to ensure it contains sufficient examples to provide guidance.

2. Identify % allocations in unshaded purple cells - must equal to 100%.

3. Review to ensure total dollars are equal to total funds received (green cells).

4. The pie chart will automatically update with any changes in percentages based on total uses over three years.

5. The receipt of the 35% Employment Formula FRF will automatically update all the dollar figures in the allocations.

6. *Direct Membership Assistance has been substituted for Health and Safety as significant direct funding under ARPA is received for these

7. Lines in italics under FRF Funds Received chart are estimates and should be corrected when actual amounts are identified. There may be two

more additional years of interest (Years 4 and 5) based on obligated by unexpended funds.

5.00%

Broad Goals Allocations

2.15%

3.47%

9.67%

45.00%

6.93%

11.42%

16.37%

Direct Membership Assistance*

Housing - focus year one on apartments, decide on use for years 2 and 3; with an overall focus on middle income housing

Food and Agriculture - focus year one on food sovereignty infrastructure; years 2 and 3 on potential processing centers/operations

Education - focus on increasing post high-school education opportunities.

Culture & Language - focus on creating programming and infrastructure

Revenue Generation - focus on improving parks and gathering areas, pow wow grounds

Government Roles and Responsibilties - focus in improving GTC resources through technology

Overall Priority - Land, Infrastructure, Sovereignty

"Final will be submitted as a handout"

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venue; ARPA FRF LR Investments

ear 2022

Fiscal Year 2022

Allocation

Fiscal Year 2023

% Allocation - FY2023 Fiscal Year 2023

Allocation

Description - Examples of activities within ARPA FRF Guidelines

Justifiction

Notes

19,165,431.45

45.00% $

21,081,974.59 Economic relief payments, home repairs, food and health assistance,

home/rental assistance, vaccine Incentive $500/member + children

42 USC 602(c)(1)(A); 31 CFR 35.6

(b)(12)(ii); 31 CFR 35.6 (b)(8)

Part of "Disproportionately impacted communities"; May

also find funds from ARPA Homeowners Assitance Fund

(HAF) -- $10B set aside for these sorts of programs- not

part of FRF

8,517,969.53

10.00% $

4,684,883.24 All income levels and family sizes affordable housing; multifamily

housing; meeting all housing needs by fully funding existing and future

programs

42 USC 602(c)(1)(A); 31 CFR 35.6

(b)(12)(ii); 31 CFR 35.6 (b)(8)

Will be limited on future funding -- not beyond 12/2024;

HAF funding may be used for these programs as well.

2,129,492.38

10.00% $

4,684,883.24 Food and resources that include cash cropping, providing medicines, and 31 CFR 35.6 (b)(6), id at (7), id at (12)

creating a sustainable food system; improving existing structures; and

continuing to explore hemp

4,258,984.77

10.00% $

4,684,883.24 Duplicate degrees, certifications, licenses, and through nonconventional

ways.

3,833,086.29

10.00% $

4,684,883.24 Increased educational opportunities across the organization, in school

42 USC 602 (c)(1)(D); 42 USC

systems, offices, the community and in homes; and support our language 602(c)(1)(A); 31 CFR 35.6 (b)(12)(iii);

immersion program

31 CFR 35.6 (e)(2)

425,898.48

5.00% $

2,342,441.62 Improve tourism revenue opportunities through agriculture, golf,

entertainment, pow wow, Applefest; managing employee wages to meet

economic and market changes

42 USC 602(c)(1)(A); Fact Sheet, p. 4,

Sect. 2; 31 CFR 35.6 (b)(9)

2,129,492.38

5.00% $

2,342,441.62 Improving GTC meeting space; enhance the government structure to

increase effectiveness and efficiency; create opportunities through

technology to improve interaction with membership and incorporation of

membership voice in governmental actions

31 CFR 35.6 (d)

The allocation for provision of government services in

the referenced CFR section must adhere to the

calculation fpr a reduction in the Nation's reduction in its

general revenues in 31 CFR (d)(2)

2,129,492.38

5.00% $

2,342,441.62 Land, infrastructure

42 USC 602(c)(1)(D); 31 CFR 35.6 (e)

Infrastructure -- water, sewer, and broadband. Land

substantially more difficult to justify, if not not bordering

on not justifiable.

This may be shoehorned into providing assistance to

non-profits, aid to impacted industries, or impacted

community needs. This may take organizational

realighnment to show Hemp and Ag as impacted

businesses. Sustainable food industry will fall under

imapcted communities.

31 CFR 35.6 (b)(12)(iii)

42,589,847.66

100% $

46,848,832.43

ercentages are set up so projects that take longer are funded earlier to avoid not meeting spending/completion deadlines.

"Final will be submitted as a handout"

42 USC 602 (c)(1)(D) and 31 CFR (e)(2) are refernces to

broadband expansion.

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Adopt resolution entitled Face Masks Updated – COVID-19 Pandemic

Motion to adopt resolution titled "Face Masks Updated - COVID-19 Pandemic".

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Oneida Business Committee Agenda Request

6. Cover Memo:

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

The Oneida Business Committee requested development of a resolution which would reflect the changes

approved by the Centers for Disease Control regarding face masking. This resolution amends the Staying Safer at

Home Policy and the Safe Re-Opening of Government Offices Policy. This resolution also supersedes the

Employee Face Coverings SOP.

Comments were received from Attorney Carl Artman, Secretary Lisa Liggins, Public Health Officer

Michelle Myers, and General Manager Mark Powless.

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

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

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

Page 2 of2

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # Leave this line blank

Face Masks Updated – COVID-19 Pandemic

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

the Oneida Nation and the world have been impacted by the COVID-19 pandemic since

December of 2019 for the world and for the Oneida Nation since the adoption of the first

notice of public health emergency in March of 2020; and

WHEREAS,

since March of 2020, emergency declarations adopted by the COVID-19 Core Decision

Making Team, created and delegated authority by emergency amendments to the

Emergency Management and Homeland Security Law, have been amended by the

COVID-19 Core Decision Making Team and the Oneida Business Committee under

authority granted the Emergency Management and Homeland Security Law and most

recently by the Oneida Business Committee by authority granted in the Emergency

Management Law; and

WHEREAS,

the Oneida Business Committee revised its recommendations and requirements regarding

the Nation’s response to the COVID-19 pandemic and the changing landscape resulting

from increasing numbers of individuals receiving the approved vaccines through adoption

of resolution # BC-05-12-21-B, Staying Safer at Home Policy – COVID-19 Pandemic and

resolution # BC-05-12-21-I, Safer Re-opening of Government Offices – COVID-19

Pandemic, which loosen prior restrictions; and

WHEREAS,

the Oneida Business Committee retains the authority during the public health state of

emergency should continue to direct or allow the Oneida Business Committee and Oneida

Nation organization to react quickly and properly to conditions which may result in

increasing pandemic risk through increased spread resulting from removing and lowering

restrictions; and

WHEREAS,

the Oneida Business Committee believes the roll-out of vaccines, reduction in high risk

infections resulting in death or hospitalization, conformance to Centers for Disease Control

standards related to the COVID-19 pandemic, and loosening face masking requirements

is permitted and safe at this juncture;

NOW THEREFORE BE IT RESOLVED, that resolution # BC-05-12-21-B, Staying Safer at Home Policy –

COVID-19 Pandemic and resolution # BC-05-12-21-I, Safer Re-opening of Government Offices – COVID19 Pandemic, are amended as follows.

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BC Resolution # _______

Face Masks Updated – COVID-19 Pandemic

Page 2 of 2

1. Enterprise and business operations shall utilize best practices set forth by the Centers for Disease

Control.

2. Customers, clients, patrons and others are highly recommended to wear face masks if the Centers

for Disease Control lifts the recommendation for required face masking, and visible signage shall

summarize recommendations.

3. The Comprehensive Health Center, Anna John Resident Centered Care Community, and Aging

and Disability Services Programs shall maintain masking requirements; all other programs and

enterprises shall set forth clear signage regarding face masking requirements.

4. Employees are no longer required to wear face masks if vaccinated, provided that all programs and

enterprises shall allow employees to wear face masks if they wish to continue during the public

health state of emergency.

BE IT FURTHER RESOLVED, that employees shall continue to be required to take temperature checks

upon entering or re-entering a Nation building; and, programs and enterprises are encouraged to continue

requiring customers, clients, patrons, and others to undergo temperature checks upon entering or reentering a Nation building.

BE IT FURTHER RESOLVED, that this resolution shall supersede any Standard Operating Procedures

regarding face masking requirements, specifically the “Employee Face Coverings in the Workplace” SOP.

BE IT FINALLY RESOLVED, that the Public Health Officer remains authorized under the Emergency

Management Law to issue an updated face masking order or other health safety order in the event a change

in the rate of positive COVID-19 cases, hospitalizations or morbidity arises after adoption of this resolution

to protect the health and safety of all persons on the Oneida Reservation.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Face Masks Updated – COVID-19 Pandemic

Summary

This resolution amends Oneida Business Committee resolutions BC-05-12-21-B and BC-05-1221-I to update the Nation’s policy on face mask requirements.

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

Date: June 4, 2021

Analysis by the Legislative Reference Office

The Emergency Management law, formally known as the Emergency Management and Homeland

Security law, provides for the development and execution of plans for the protection of residents,

property, and the environment in an emergency or disaster; provides for the direction of emergency

management, response, and recovery on the Reservation, as well as coordinating with other

agencies, victims, businesses, and organizations; establishes the use of the National Incident

Management System (NIMS); and designates authority and responsibilities for public health

preparedness. [3 O.C. 302.1-1].

Under the Emergency Management law, the Oneida Business Committee is delegated the

responsibility to proclaim or ratify the existence of a public health emergency. [3 O.C. 302.8-1].

A public health emergency means the occurrence or imminent threat of an illness or health

condition which is a quarantinable disease; and which poses a high probability of a large number

of deaths or serious or long-term disability among humans. [3 O.C. 302.3-1(p)]. No proclamation

of an emergency by the Oneida Business Committee may last for longer than sixty (60) days,

unless renewed by the Oneida Business Committee. [3 O.C. 302.8-2].

As a result of the COVID-19 pandemic, in accordance with the authority granted to the Oneida

Business Committee through the Emergency Management law, on March 12, 2020, Chairman

Tehassi Hill signed a “Declaration of Public Health State of Emergency” which sets into place the

necessary authority should action need to be taken, and allows the Oneida Nation to seek

reimbursement of emergency management actions that may result in unexpected expenses. [3 O.C.

302.8-1]. The Oneida Business Committee has extended this Public Health State of Emergency

until May 12, 2021, through the adoption of the following resolutions: BC-03-26-20-A, BC-0506-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A,

BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, and BC-0512-21-A. [3 O.C. 302.8-2].

On March 17, 2020, the Oneida Business Committee adopted emergency amendments to the

Emergency Management law through resolution BC-03-17-20-E to create and delegate authority

to a COVID-19 Core Decision Making Team so that upon the declaration of a public health

emergency, the COVID-19 Core Decision Making Team would have the authority to declare

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exceptions to the Nation’s laws, policies, procedures, regulations, or standard operating procedures

during the emergency period which will be of immediate impact for the purposes of protecting the

health, safety, and general welfare of the Nation’s community, members, and employees. [3 O.C.

302.9-2]. These declarations remain in effect for the duration of the Public Health State of

Emergency, unless identified to be effective for a shorter period of time. [3 O.C. 302.9-4]. The

Oneida Business Committee then permanently adopted amendments to the Emergency

Management law through resolution BC-03-10-21-A which incorporated the authority of an

Emergency Core Decision Making Team to make declarations.

On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer at

Home” declaration which prohibits all public gatherings of any number of people and orders all

individuals present within the Oneida Reservation to stay at home or at their place of residence,

with certain exceptions allowed. On April 21, 2020, the COVID-19 Core Decision Making Team

issued an “Updated Safer at Home” declaration which allowed for gaming and golf operations to

resume. Then on May 19, 2020, the COVID-19 Core Decision Making Team issued a “Safer at

Home Declaration, Amendment, Open for Business” which directs that individuals within the

Oneida Reservation should continue to stay at home, businesses can re-open under certain safer

business practices, and social distancing should be practiced by all persons. On June 10, 2020, the

COVID-19 Team issued a “Stay Safer at Home” declaration which lessened the restrictions of the

“Safer at Home Declaration, Amendment, Open for Business” while still providing guidance and

some restrictions. Then on July 17, 2020, the “Safe Re-opening Governmental Offices” declaration

was issued which provides guidance on how buildings will be safely re-opened to the public.

The Emergency Management law allows the Oneida Business Committee to modify, extend, or

repeal any declaration or emergency action taken by an Emergency Core Decision Making Team.

[3 O.C. 302.9-6]. On May 12, 2021, the Oneida Business Committee adopted resolution BC-0512-21-B entitled, “Staying Safer At Home Policy – COVID-19 Pandemic” which modified the

“Stay Safter at Home” declaration and adopted an updated “Staying Safer at Home Policy” for

immediate implementation and lasting until the conclusion of the Public Health State of

Emergency regarding the COVID-19 Pandemic superseding any prior declaration that conflicts

with this policy. The Oneida Business Committee also adopted resolution BC-05-12-21-I entitled,

“Safer Re-Opening of Government Offices – COVID-19 Pandemic” which modified the modified

the “Safe Re-Opening Governmental Offices” declaration and adopted an updated “Safer ReOpening of Government Offices Policy” for immediate implementation and lasting until the

conclusion of the Public Health State of Emergency regarding the COVID-19 Pandemic

superseding any prior declaration that conflicts with this policy.

This resolution provides that the Oneida Business Committee has determined that based on the

roll-out of vaccines, reduction in high risk infections resulting in death or hospitalization,

conformance to Centers for Disease Control standards related to the COVID-19 pandemic, the

loosening of face masking requirements is permitted and safe at this juncture.

This resolution updates the Nation’s policy on face mask requirements and amends resolutions

BC-05-12-21-B and BC-05-12-21-I in the following manners:

 Enterprise and business operations shall utilize best practices set forth by the Centers for

Disease Control.

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

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Customers, clients, patrons and others are highly recommended to wear face masks if the

Centers for Disease Control lifts the recommendation for required face masking, and

visible signage shall summarize recommendations.

The Comprehensive Health Center, Anna John Resident Centered Care Community, and

Aging and Disability Services Programs shall maintain masking requirements; all other

programs and enterprises shall set forth clear signage regarding face masking requirements.

Employees are no longer required to wear face masks if vaccinated, provided that all

programs and enterprises shall allow employees to wear face masks if they wish to continue

during the public health state of emergency.

This resolution also directs that employees shall continue to be required to take temperature checks

upon entering or re-entering a Nation building; and, programs and enterprises are encouraged to

continue requiring customers, clients, patrons, and others to undergo temperature checks upon

entering or re-entering a Nation building. This resolution supersedes any standard operating

procedures regarding face masks requirements, specifically the “Employee Face Coverings in the

Workplace” standard operating procedure.

The resolution then goes on to clarify that the Public Health Officer remains authorized under the

Emergency Management law to issue an updated face masking order or other health safety order

in the event a change in the rate of positive COVID-19 cases, hospitalizations or morbidity arises

after adoption of this resolution to protect the health and safety of all persons on the Oneida

Reservation. [3 O.C. 302.7-4].

Conclusion

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

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Accept the March 4, 2021, regular Community Development Planning Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

06/09/21

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☒ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Brandon Stevens, Vice-Chairman

Primary Requestor:

Brooke Doxtator, BCC Supervisor

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

BDOXTAT1

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Community Development Planning Committee

Regular Meeting

9:00 a.m. Thursday, March 4, 2021

Teleconference

Minutes

Regular Meeting

Present: Chairman Brandon Stevens, Kirby Metoxen, Marie Summers

Not Present: Tehassi Hill

Arrived at: Vice Chairman Daniel Guzman King 10:39 a.m.

Others Present: Patrick Pelky, Kristal Hill, James Petitjean, Rhiannon Metoxen, Larry Barton, Nicole

Rommel, Rae Skenandore, David Jordan, Debbie Thundercloud, Jacque Boyle, Jeffrey House, Nancy

Barton, Brooke Doxtator, Paul Witek

I. CALL TO ORDER AND ROLL CALL

Meeting called to order by Chairman Brandon Stevens at 9:01 a.m.

II. ADOPT THE AGENDA

Motion by Marie Summers to adopt the agenda, seconded by Kirby Metoxen. Motion carries.

Ayes:

Kirby Metoxen, Marie Summers

III. MEETING MINUTES

A. Approve February 4, 2021 Meeting Minutes

Sponsor: Brandon Stevens

Motion by Marie Summers to approve the February 4, 2021 meeting minutes, seconded by Kirby

Metoxen. Motion carries.

Ayes:

Kirby Metoxen, Marie Summers

IV. UNFINISHED BUSINESS

A. Review and Revise CDPC Charter

Sponsor: Brandon Stevens (James Petitjean)

EXCERPT FROM FEBRUARY 4, 2020: Motion by Daniel Guzman King to table review and

revise CDPC Charter till the end of the agenda, seconded by Marie Summer. Motion carried.

Motion by Kirby Metoxen to accept the update and move this item to a work meeting, seconded by Marie

Summers. Motion carries.

Ayes:

Kirby Metoxen, Marie Summers

Community Development Planning Committee Meeting Minutes March 4, 2021

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V. NEW BUSINESS

A. Accept Neighborhood Development Plan Update

Sponsor: Debbie Thundercloud

Motion by Kirby Metoxen to accept the neighborhood development plan update, seconded by Kirby

Metoxen. Motion carries.

Ayes:

Kirby Metoxen, Marie Summers

VI. STANDING UPDATES

Daniel Guzman-King arrived at 10:39 a.m.

A. CEMETERY

1. Accept #14-002 Cemetery Improvement Project Status Report

Sponsor: Debbie Thundercloud

Motion by Marie Summers to accept #14-002 cemetery improvement project status report, seconded by

Kirby Metoxen. Motion carries.

Ayes:

Kirby Metoxen, Marie Summers

Opposed:

Daniel Guzman-King

2. Accept Oneida Nation Burial Ground Maintenance and Plot Availability Report

Sponsor: Debbie Thundercloud

Motion by Kirby Metoxen to direct the CDPC Chair to submit a request to the Treasurer to find the funds

to move the project forward, seconded by Marie Summers. Motion carries.

Ayes:

Daniel Guzman King, Kirby Metoxen, Marie Summers

Motion by Kirby Metoxen to accept the Oneida Nation Burial Ground maintenance and plot availability

report, seconded by Marie Summers. Motion carries.

Ayes:

Daniel Guzman-King, Kirby Metoxen, Marie Summers

VII. ADJOURNMENT

Motion by Marie Summers to adjourn at 11:21 a.m., seconded by Daniel Guzman-King. Motion carries.

Ayes:

Daniel Guzman-King, Kirby Metoxen, Marie Summers

Minutes prepared by Brooke Doxtator, Boards, Committees, and Commissions Supervisor

Minutes approved as presented/corrected on April 8, 2021.

(Signature Pending)

Brandon Stevens, Chair

Community Development Planning Committee

Community Development Planning Committee Meeting Minutes March 4, 2021

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Accept the April 8, 2021, regular Community Development Planning Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

06/09/21

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☒ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Brandon Stevens, Vice-Chairman

Primary Requestor:

Brooke Doxtator, BCC Supervisor

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

BDOXTAT1

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Community Development Planning Committee

Regular Meeting

9:00 a.m. Thursday, April 8, 2021

Teleconference

Minutes

Regular Meeting

Present: Chairman Brandon Stevens, Vice Chairman Daniel Guzman King, Tehassi Hill, Kirby Metoxen,

Marie Summers

Others Present: Kristal Hill, Rhiannon Metoxen, Larry Barton, Paul Witek, Nicole Rommel, Rae

Skenandore, Debbie Thundercloud, Jacque Boyle, Jeffrey House, Nancy Barton, Brooke Doxtator, Jason

Doxtator, Glenn Fishbine, Mariel Triggs, Jonas Hill, Mark A. Powless, Michelle Braaten, Bill Cornelius

I. CALL TO ORDER AND ROLL CALL

Meeting called to order by Chairman Brandon Stevens at 9:01 a.m.

II. ADOPT THE AGENDA

Motion by Marie Summers to adopt the agenda, seconded by Daniel Guzman King. Motion carries.

Ayes:

Daniel Guzman King, Tehassi Hill, Kirby Metoxen, Marie Summers

III. MEETING MINUTES

A. Approve March 4, 2021 Meeting Minutes

Sponsor: Brandon Stevens

Motion by Marie Summers to approve March 4, 2021 meeting minutes, seconded by Daniel Guzman

King. Motion carries.

Ayes:

Daniel Guzman King, Kirby Metoxen, Marie Summers

Abstained:

Tehassi Hill

IV. UNFINISHED BUSINESS

V. NEW BUSINESS

Tehassi Hill left at 9:26 a.m.

Tehassi Hill returned at 9:41 a.m.

Marie Summers left at 9:55 a.m.

Marie Summers returned at 9:57 a.m.

Community Development Planning Committee Meeting Minutes April 8, 2021

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A. Determine next steps regarding Oneida Nation Broadband Initiatives – MuralNet/GEO

Partners Presentation

Sponsor: Debbie Thundercloud

Motion by Daniel Guzman King to forward the Oneida Nation Broadband Initiative to the April 20, 2021

BC Work Session, seconded by Tehassi Hill. Motion carries.

Ayes:

Daniel Guzman King, Tehassi Hill, Kirby Metoxen, Marie Summers

Item VI.A. addressed next

B. Approve Facilities Management Team Recommendation – Oneida Gaming Commission

Relocation

Sponsor: Debbie Thundercloud

Motion by Tehassi Hill to submit this project to CIP process, seconded by Kirby Metoxen. Motion carries.

Ayes:

Tehassi Hill, Kirby Metoxen, Marie Summers

Opposed:

Daniel Guzman King

VI. STANDING UPDATES

A. CEMETERY

1. Accept Oneida Nation Burial Ground Maintenance and Utilization Monthly Report

Sponsor: Debbie Thundercloud

Motion by Tehassi Hill to accept the Oneida Nation Burial Ground Maintenance and Utilization monthly

report, seconded by Daniel Guzman King. Motion carries.

Ayes:

Daniel Guzman King, Tehassi Hill, Kirby Metoxen, Marie Summers

2. Accept #14-002 Cemetery Improvement Project Status Report

Sponsor: Debbie Thundercloud

Motion by Marie Summers to accept #14-002 Cemetery Improvement Project status reports, seconded by

Kirby Metoxen. Motion carries.

Ayes:

Daniel Guzman King, Tehassi Hill, Kirby Metoxen, Marie Summers

Item V.B. addressed next

VII. ADJOURNMENT

Motion by Tehassi Hill to adjourn at 11:46 a.m., seconded by Marie Summers. Motion carries.

Ayes:

Daniel Guzman King, Tehassi Hill, Kirby Metoxen, Marie Summers

Minutes prepared by Brooke Doxtator, Boards, Committees, and Commissions Supervisor

Minutes approved as presented/corrected on May 6, 2021.

(Signature pending)

Brandon Stevens, Chair

Community Development Planning Committee

Community Development Planning Committee Meeting Minutes April 8, 2021

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Oneida Business Committee Agenda Request

Accept the May 19, 2021, regular Legislative Operating Committee meeting minutes

1. Meeting Date Requested:

/ 9

/ 21

2. General Information:

Session:

Open

Agenda Header:

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

Standing Committees

Accept as Information only

Action - please describe:

Accept the May 19, 2021 Legislative Operating Committee meeting minutes

3. Supporting Materials

Report

Resolution

Contract

Other:

1. 5/19/21 LOC Meeting Minutes

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P. Jordan, Councilmember

Primary Requestor/Submitter:

Clorissa N. Santiago, LRO Senior Staff Attorney

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

May 19, 2021

9:00 a.m.

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

King

Others Present: Clorissa N. Santiago, Kristen Hooker, Kristal Hill, Brooke Doxtator, Lawrence

Barton, Debbie Melchert (Microsoft Teams), Geraldine Danforth (Microsoft Teams), Justin

Nishimoto (Microsoft Teams), Susan House (Microsoft Teams), Kelly McAndrews (Microsoft

Teams), Matthew Denny (Microsoft Teams), Michelle Myers (Microsoft Teams), Nic Reynolds

(Microsoft Teams), Jo Anne House (Microsoft Teams), Josh Cottrell (Microsoft Teams), Rhiannon

Metoxen (Microsoft Teams).

Call to Order and Approval of the Agenda

David P. Jordan called the May 19, 2021, Legislative Operating Committee meeting to

order at 9:03 a.m.

Motion by Marie Summers to adopt the agenda as is; seconded by Jennifer Webster.

Motion carried unanimously.

II.

Minutes to be Approved

1. May 5, 2021 LOC Meeting Minutes

Motion by Kirby Metoxen to approve the May 5, 2021 LOC meeting minutes and forward

to the Oneida Business Committee; seconded by Jennifer Webster. Motion carried

unanimously.

III.

Current Business

IV.

New Submissions

Additions

VI.

Administrative Items

1. Legislative Operating Committee Fiscal Year 2021 Second Quarter Report

Motion by Marie Summers to approve the Legislative Operating Committee Fiscal Year

2021 Second Quarter Report and forward to the Oneida Business Committee; seconded by

Jennifer Webster. Motion carried unanimously.

2. E-Poll Results: Approval of the Oneida Worker’s Compensation Law Emergency

Amendments Adoption Packet

Motion by Jennifer Webster to enter into the record the results of the May 11, 2021, e-poll

entitled, “Approval of the Oneida Worker’s Compensation Law Emergency Amendments

Adoption Packet;” seconded by Kirby Metoxen. Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of May 19, 2021

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3. E-Poll Results: Approval of the Early Return to Work Law Emergency

Amendments Adoption Packet

Motion by Jennifer Webster to enter into the record the results of the May 11, 2021, e-poll

entitled, “Approval of the Early Return to Work Law Emergency Amendments Adoption

Packet;” seconded by Daniel Guzman King. Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Marie Summers to adjourn at 9:18 a.m.; seconded by Kirby Metoxen. Motion

carried unanimously.

Legislative Operating Committee Meeting Minutes of May 19, 2021

Page 2 of 2

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Oneida Business Committee Agenda Request

Adopt amendments to Community Support Fund Law rules #1-#18 – Community Support Fund (a.k.a...

1. Meeting Date Requested:

/ 9

/ 21

2. General Information:

Session:

Open

Agenda Header:

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

Standing Committees

Accept as Information only

Action - please describe:

Adopt the Community Support Fund Law Rule Handbook Amendments

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Administrative Record

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

David P. Jordan, Councilmember

Primary Requestor/Submitter:

Clorissa N. Santiago, LRO Senior Staff Attorney

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

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MEMORANDUM:

To:

Oneida Nation LRO

From:

Delia Smith, Community Economic Support Director

Date:

May 13, 2021

Subject: Community Support Handbook Amendments

Delia

Smith

Digitally signed by

Delia Smith

Date: 2021.05.19

08:51:56 -05'00'

Economic Support has completed the proper rule amendment process to update the Community

Support Handbook. The amendments were a result of the approved amendment of the

Community Support Law on 3/10/2021. The Handbook is now in align with the law that

includes the following changes:

Rule 4-Allowing for fuel/transportation assistance for applicants with local medical

appointments;

Rule 9-Increasing the amount of assistance for Medical Related Equipment, supplies, or

Furniture;

Rule 13-Increasing amount allowable for shelter assistance;

Rule 14- Removing the requirement for funerals for out of state only, allowing for funeral

assistance for in state as long as the funeral is more than 40 miles from current residence;

Rule 16- Eliminate the restriction of Wisconsin being the only state for assistance, opening to

any state within the United States. Eliminate repayment of program paid Security Deposit

Assistance;

Rule 17- Decrease Rent/Mortgage assistance to 12 months from 24 months.

The following procedural process and timeline was followed for the amendment;

x Public Meeting Notice published in the Kalihwisaks on 4/21/2021,

x Public Meeting via Teams 5/3/2021- No comments

x Waited for written comment until 5/10/2021- No written comments

There is no oral or written public comments and no sign in sheet to submit for review.

Therefore, Economic Support is requesting the proposed Community Support rules and

Handbook changes be approved accordingly.

Attached you will find the signed approved Rules Handbook amendment from the Governmental

Services Director.

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Draft of Proposed Amendments

Title 1. Government and Finances – Chapter 125

Community Support Fund

Rule Nos. 1 through 18

I. Purpose, Delegation, Adoption, Amendment and Repeal

1-1. Purpose. The purpose of the Community Support Fund rules is to provide guidance on how

the Community Support Fund is utilized so that the Nation can assist the greatest number of

members of the Nation who apply for assistance to the Fund in times of a catastrophic event,

catastrophic illness or injury, or emergency event when no other resources for assistance exist.

1-2. Authority. The Community Support Fund Law, Chapter 125, delegates rulemaking authority

to the Fund Operator pursuant to the Administrative Rulemaking law (Chapter 106 Oneida Code

of Laws).

1-3. These rules were adopted by the Economic Support Department of the Social Services Area

of the Government Services Division in accordance with the procedures of the Administrative

Rulemaking law.

1-4. These rules may be amended or repealed by the Economic Support Department and/or the

Oneida Business Committee pursuant to the procedures set out in the Administrative Rulemaking

Law. For the purpose of future amendments to these rules, each article is a separate rule and may

be amended as such.

1-5. Should a provision of these rules or the application thereof to any person or circumstances be

held as invalid, such invalidity shall not affect other provisions of these rules which are considered

to have legal force without the invalid portions.

1-6. In the event of a conflict between a provision of these rules and a provision of another rule,

internal policy, procedure, or other regulation; the provisions of these rules shall control.

1-7. These rules supersede all prior rules, regulations, internal policies or other requirements

relating to the Community Support Fund.

1-8. This Article applies to each subsequent rule listed herein.

II. Definitions

2-1. This section shall govern the definitions of words and phrases used within this rule. All

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

(a) “Applicant” means the subject of the application for assistance.

(b) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding

holidays of the Nation.

member that is in need of twenty-four (24) hour per day, seven (7) days a week care.

(d) “Case manager” means an employee within the Fund operator responsible for

administering Fund benefits.

(e) “Catastrophic event” means a natural or man-made incident, which results in a

substantial damage or loss requiring major financial resources to repair or recover.

Including, but is not limited to, a house fire, tornado, flood, or other disaster.

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(f) “Catastrophic illness/injury” means a serious debilitating illness, injury, impairment,

or mental or physical condition that involves:

(1) In-patient care;

(2) A period of continuing treatment due to a chronic serious health condition,

including, but not limited to, chemotherapy, radiation, dialysis, and daily or weekly

therapy resulting from trauma;

(3) A period of illness or injury that is long-term due to a condition for which

treatment may be ineffective including, but not limited to, stroke or terminal disease

or;

(4) Multiple treatments either for restorative surgery after an accident or other

injury, or for a chronic condition, including, but not limited tocancer or kidney

disease.

(g) “COBRA” means the Consolidated Omnibus Budget Reconciliation Act of 1985 also

known as continued group health care coverage costs under an employer’s plan.

(h) “Cosmetic” means any medical service provided with the intent to enhance a person’s

appearance, including, but not limited to, braces, veneers, teeth whitening, implants, or

other plastic surgery.

(i) “Critical Medical” means professionally delivered care or treating a life threatening

illness which requires immediate or regularly scheduled monitored medical care, which

includes, but is not limited to dialysis, chemotherapy, radiation, daily/weekly therapy

resulting from trauma. This does not include routine annual or semi-annual appointments.

(j) “Emergency event” means a situation that poses an immediate risk to health, life,

safety, property or environment. Emergencies require urgent intervention to prevent further

illness, injury, death, or other worsening of the situation.

(k) “Emergency medical travel” means an unexpected serious health situation or

occurrence requiring the immediate presence of immediate family. This includes, but is not

limited to, end of life situations, and/or an immediate family member is placed on life

support.

(l) “Eviction” means the legal notice received from a landlord or mortgage holder that

orders the tenant(s) to vacate the property.

(m) “”FMLA” means the Family Medical Leave Act, a Federal law authorizing temporary

time off from an employment position to provide direct care to a family member, without

losing their employment status.

(n) “Fund” means the Community Support Fund.

(o) “Fund Operator” means the Economic Support Department, or other area within the

Governmnetal Services Division designated authority over the operation of the Fund.

(p) “Garnishment” means a legal action that directs that money owed be seized to satisfy

a debt.

(q) “Household” means all persons who reside together at the same residence.

(r) “Immediate family” means an applicant’s husband, wife, mother, father, son,

daughter, brother, sister, grandparent, grandchild, aunt, uncle, niece, nephew, cousin, and

any of these relations attained through marriage or legal adoption, as well as a person who

has legal responsibility for the applicant, or a person the applicant has legal responsibility

of.

(s) “Incapacitation” means a state in which a person is temporarily or permanently

impaired by mental and/or physical deficiency, disability, illness or injury.

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(t) “Income” means a measurement including, but not limited to, a combination of

salaries, wages, retirement pension, disability income, government benefits, and

unemployment of all people sharing a particular household/residence.

(u) “Legal guardian” means a person who has the legal authority to care for the personal

and property interests of another person granted through a Court order.

(v) “Legal responsibility” means specific duties imposed upon a person to care or provide

for another including liability for personal obligations as granted through a Power of

100

Attorney or Court order.

101

(w) “Major medical surgery” means a surgical procedure that carries a degree of risk to

102

the patient’s life, or the potential for severe disability if something goes wrong during

103

surgery. It is a surgical procedure that usually requires a patient to be put under general

104

anesthesia and given respiratory assistance because he or she cannot breathe independently.

105

(x) “Nation” means the Oneida Nation.

106

(y) “Public health emergency” means the occurrence or imminent threat of an illness or

107

health condition which:

108

(1) is a quarantinable disease, or is believed to be caused by bioterrorism or a

109

biological agent; and

110

(2) poses a high probability of any of the following:

111

(A) a large number of deaths or serious or long-term disability among

112

humans; or

113

(B) widespread exposure to a biological, chemical, or radiological agent

114

that creates a significant risk of substantial future harm to a large number

115

of people.

116

(z) “Non-medical” means necessary intervention to support a patient with an on-going

117

medical illness, injury or potential life threatening illness, and requires further testing or

118

consultation with a specialist.

119

(aa) “Reimbursement” means to make repayment for expense(s) or a loss that incurred.

120

(bb) “Routine Exam” means an annual or semi-annual health exam provided by a

121

physician, dentist, orthodontist, oral surgeon, or other similar health care specialist.

122

(cc) “Security Deposit” means the payment of money held by a landlord in trust to protect

123

him/herself from unpaid rent or damage to the living space.

124

(dd) “Wages” means taxable income reported to the Internal Revenue Service for

125

performing work.

126

127 III. SHELTER ASSISTANCE

128 3-1.

Purpose. The purpose of shelter assistance is to assist enrolled members of the Nation with

129

financial support for shelter expenses due to experiencing a catastrophic event, illness, or

130

injury where no other resources exist.

131 3-2.

Requests for assistance from the Fund shall be tied to or be a result of a catastrophic event,

132

illness, injury or emergency event.

133 3-3.

Eligibility Criteria. In order to be eligible for shelter assistance a person must provide a

134

completed Community Support Fund application and the following:

135

(a) Proof of enrollment in the Nation;

136

(b) Documentation verifying catastrophic event, illness, injury or other emergency event

137

within the last thirty (30) days, including but not limited to:

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148

149 3-4.

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154

155

156

157

158

159

160

161

162

163 3-5.

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171

172

173 3-6.

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182

(1) Medical verification specifying dates effected by illness or injury;

(2) Verification of short and/or long term disability specifying the dates received

and the amount of the benefit;

(3) Other documentation listing damage or loss.

from the applicant’s mortgage holder stating the applicant’s monthly mortgage payment

and current status;

(d) A current utility bill, such as a water, heat, or electricity bill;

(e) Verification of any mortgage disability insurance;

(f) Verification of an applicant’s personal and/or vacation time from employment; and

(g) Any other documentation requested by the Community Support Fund case manager.

Receipt of Required Documentation. Upon receipt of the completed application for shelter

assistance, the case manager shall determine if all required documentation was received from

the applicant.

(a) The applicant shall provide all documentation requested by the case manager.

(b) The case manager shall notify the applicant within five (5) business days in writing of

any necessary documentation that was not received and is still needed.

the case manager shall have up to ten (10) business days to provide the initial decision in

writing to the applicant.

(d) An application for shelter assistance shall be valid for thirty (30) days. If the applicant

has a determination of award and/or coverage pending with another support or assistance

resource, the application will be valid for an additional fifteen (15) days upon proof of that

such determination is pending. If the applicant fails to provide all requested documentation,

the case manager shall send the applicant an expiration notice for their application.

Rent or Mortgage Assistance. An applicant may request assistance for rent or mortgage

payments.

(a) The amount provided for rent or mortgage assistance shall not exceed five hundred

dollars ($500.00) per month. The amount of rent or mortgage assistance shall not exceed a

total of twenty-four (24) months per life-time of the applicant.

(b) Only the applicant’s portion of the rent or mortgage owed shall be considered when

determining the amount of rent or mortgage assistance if the applicant’s household consists

of other adults.

applicant. Only a valid landlord or mortgage holder shall be paid.

Utility Assistance. An applicant may request assistance for utilities, such as heat, water, and

electricity.

(a) The utility bill shall be in the applicant’s or current household’s member’s name.

(b) Applicants shall provide verification of application to all other available resources and

programs for utility assistance.

(1) The Wisconsin Home Energy Assistance Program (WHEAP) serves as an

example of an alternate program the applicant should apply for before applying for

utility assistance.

the amount of utility assistance if the applicant’s household consists of other adults.

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183

(d) The amount provided for utility assistance shall not exceed three hundred dollars

184

($300.00) and shall only be allowed once every two (2) years. Assistance requested under

185

this Rule and under Rule 18 shall be counted towards the total number of requests for the

186

two (2) year period limit.

187 3-7.

Reporting Changes in the Household. The applicant shall report any changes in the household

188

to the case manager within ten (10) business days from the change occurring.

189

(a) Changes in the household that shall be reported include, but are not limited to, the

190

following: relocation, addition or subtraction of a household member, income changes,

191

medical changes, submission of a social security disability application, submission of

192

application or receipt of assistance from other agency or program.

193

(b) Failure of the applicant to report changes in the household may result in suspension

194

of benefits until verification of the change(s) is provided to the case manager, not to exceed

195

thirty (30) days.

196 3-8.

Discontinuation of Assistance. The Community Support Fund Manager reserves the right to

197

discontinue shelter assistance based on the following:

198

(a) A lack of funding availability

199

(b) A discovery that fraud or illegal activity has been determined to have caused

200

homelessness.

201

202

assistance will be discontinued.

203 3-9.

Changes in Household Information. An applicant shall be responsible to report to the Fund

204

Case Manager any change(s) in the household within ten (10) business days from the change.

205

Changes shall include, but are not limited to the following:

206

(a) Relocation;

207

(b) Household member changes;

208

209

(d) Medical changes;

210

(e) Submission of Social Security Disability application; and

211

(f) Receipt of other agency assistance

212

(1) Failure of an applicant to report changes in the household may result in

213

suspension of assistance until verification of the change(s) is provided to the

214

Fund Case Manager.

215

(2) An applicant shall have thirty (30) days to provide the verification once

216

notification is received from the Fund Case Manager that verification is

217

required.

218 3-10. Lodging Assistance. Lodging Assistance may be provided in the event of extreme situations

219

as determined by the Fund Case Manager and the Director of Economic Support.

220

221 IV. EMERGENCY/NON-EMERGENCY MEDICAL TRAVEL

222 4-1.

Purpose. The purpose is to assist enrolled members of the Nation with emergency and non223

emergency medical travel expenses. This assistance is limited to immediate family members

224

to assist with travel expenses.

225 4-2.

Requests for assistance from the Fund shall be tied to or be a result of a catastrophic event,

226

illness, injury or emergency event.

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227 4-3.

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236

237 4-4.

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241

242

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244

245

246

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249

250

251

252 4-5.

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272

Eligibility Criteria. In order to be eligible for emergency/non-emergency medical travel

assistance, a person must provide a completed Community Support Fund application and the

following:

(a) Proof of enrollment in the Nation;

(b) Verifications of medical appointments which include the medical condition, date, time

and location of the appointment;

(d) Verification of a valid driver’s license for reimbursement of fuel purchases

(e) Original receipts for hotel, gas, and/or airfare which shall be dated within thirty (30)

days of travel and show total cost paid; and

Receipt of Required Documentation. Upon receipt of the completed application for

emergency/non-emergency medical travel assistance, the case manager shall determine if all

required documentation was received from the applicant.

(a) The applicant shall provide all documentation requested by the case manager.

(b) The case manager shall notify the applicant in writing of any necessary documentation

that was not received and is still needed.

the case manager shall have up to ten (10) business days to provide the initial decision in

writing to the applicant.

(d) An application for emergency/non-emergency medical travel assistance shall be valid

for thirty (30) days. If the applicant has a determination of award and/or coverage pending

with another support or assistance resource, the application will be valid for an additional

fifteen (15) days upon proof of that such determination is pending. If the applicant fails to

provide all requested documentation, the case manager shall send the applicant an

expiration notice for their application.

Non-Emergency Travel. Non-emergency travel is allowed when the applicant or immediate

family member has scheduled medical appointments as shown through medical

documentation.

(a) Documentation of scheduled appointments must be submitted and have prior approval.

(b) Non-emergent medical travel for local members with chronic serious medical needs

may be reimbursed to the applicant with a valid receipt within forty-five (45) days of

appointments. Once the application is approved, applicants within the reservation

boundires may receive assistance direcelty from the program during regular business

hours.

(1) Applicants within the reservation boundaries traveling less than sixty (60) miles

one way may be eligiable for public or tribal transportation transit passes for

verified chronic serious medical appointments.

(2) Applicants traveling less than sixty (60) miles one way may receive assistance

or reimbursement not to exceed twenty dollars ($20.00) per week for verified

chronic serious medical appointments.

(d) Non-Emergency Travel At Least Sixty (60) Miles One Way.

(1) Those who travel from sixty (60) miles up to one hundred fifty (150) miles oneway shall receive a thirty dollar ($30.00) fuel assistance. Travel may also be eligible

for reimbursement for up to thirty dollars ($30.00) with original receipts that

coincide with a medical appointment.

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284

285 4-6.

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288

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292

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296

297

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299 4-7.

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314

315

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(2) Those who travel over one hundred and fifty (150) miles one-way shall receive

a forty dollar ($40.00) fuel assistance. Travel may also be eligible for

reimbursement for up to forty dollars ($40.00) with original receipts that coincide

with a medical appointment.

(e) Fuel Assistance will be disbursed the day prior to the appointment if application is

timely and original receipts are due within seven (7) business days. If receipts are not

turned in, future requests for assistance will be denied for six (6) consecutive months

starting when the first new request is made.

(f) Hotel reimbursement shall be a maximum of seventy-five dollars ($75.00) per night for

up to a maximum of three (3) nights, and shall only be considered for approval by the Fund

Case Manager where the appointment is more than one hundred (100) miles one-way from

the residence of the applicant.

Emergency Travel. Emergency travel assistance is allowed when an immediate family

member has a sudden or worsening life-threatening illness or injury, and is provided only on

as a reimbursement of expenses.

(a) Airfare, bus, train, lodging, and vehicle fuel is limited to a combined maximum

reimbursement amount of five hundred dollars ($500.00).

(b) Multiple immediate family members are limited to a reimbursement amount of five

hundred dollars ($500.00) each.

travel one hundred (100) miles or more one-way.

(d) Hotel reimbursement shall be a maximum of seventy-five dollars ($75.00) per night.

(e) All receipts must coincide with the emergency event that required the applicant to

travel. Applicant is responsible for providing all proper documentation regarding the

illness or injury that required travel and the required receipts in order to be eligible for

reimbursement.

Auto Repairs. Auto repair assistance is allowed when the vehicle is necessary to

obtain/maintain ongoing critical medical care when no other resources exist.

(a) Auto repair assistance is limited to critical medical patients only and will be denied

when an alternate vehicle is owned and available for use;

(b) Auto repair assistance will only cover repairs that are necessary to keep the vehicle in

standard operating condition. No routine maintenance or auto body repairs shall be

eligible for assistance. Routine maintenance or repairs shall include, but is not limited to,

oil changes, brakes, tires, batteries/fuses, lights, tune-ups, exhaust systems, flushes, and

glass replacement;

($500.00) once every twelve (12) months;

(d) Emergency repairs needed to obtain critical medical care which occurs outside of the

program’s business hours, may be considered on a case by case basis, in consultation

with an independent ASE certified auto technician, and for services that occurred within

the previous ten (10) days of the application;

(e) Towing assistance may be considered on a case by case basis for reimbursement up to

maximum of two hundred and fifty dollars ($250.00) once every twelve (12) months when

the vehicle is inoperable and towed to an ASE certified mechanic.

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317 4-8.

Items not Covered. The Fund Case Manager is not responsible and will not make any

318

reservations for any form of travel. In addition, the following items, which are not all

319

inclusive, are not a benefit of this assistance program:

320

(a) Auto insurance and deductibles;

321

(b) Car Rentals;

322

323

(d) Auto loans and vehicle registration.

324 4-9.

This program encourages and requests that multiple family members traveling to the same

325

destination carpool and share hotel rooms whenever possible.

326 4-10. CSF reserves the right to discontinue assistance based on funding availability.

327

328 V. MEDICAL BILL ASSISTANCE

329 5-1. Purpose. The purpose of this program is to assist enrolled members of the Nation with

330

financial support for the cost of unpaid medical bills (deductiables and copays not covered)

331

where no other resources exist.

332 5-2. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic event,

333

illness, injury or emergency event.

334 5-3. Eligibility Criteria. In order to be eligible for Medical Bill assistance, a person must provide

335

a completed Community Support Fund application and the following:

336

(a) Proof of enrollment in the Nation

337

(1) a non-enrolled parent of an enrolled minor child may apply for assistance that

338

directly affects the enrolled minor child;

339

(b) Medical billing statements for the dates of service which are within the last twelve (12)

340

months and be more than fifty dollars ($50.00);

341

342

network;

343

(d) Explanation of Benefit (EOB) statements received from the health insurance provider

344

showing what portion the health insurance covered;

345

(e) Verification that an Indian Health Service Clinic (IHS) was utilized if applicant is in

346

its service area;

347

(f) Verification that the applicant applied for all of the financial care or assistance programs

348

offered at the medical facility;

349

(g) Statements of denial of assistance or caseworker verification of denial based on

350

eligibility criteria, from an Indian Health Service (IHS) facility or (EOB) from any third

351

party insurance carrier.

352 5-4.

Receipt of Required Documentation. Upon receipt of the completed application for medical

353

bill assistance, the case manager shall determine if all required documentation was received

354

from the applicant.

355

(a) The applicant shall provide all documentation requested by the case manager.

356

(b) The case manager shall notify the applicant in writing of any necessary documentation

357

that was not received and is still needed.

358

359

case manager shall have up to ten (10) business days to provide the initial decision in

360

writing to the applicant.

361

(d) An application for medical bill assistance shall be valid for thirty (30) days. If the

362

applicant has a determination of award and/or coverage pending with another support or

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363

assistance resource, the application will be valid for an additional fifteen (15) days upon

364

proof of that such determination is pending. If the applicant fails to provide all requested

365

documentation, the case manager shall send the applicant an expiration notice for their

366

application.

367 5-5.

Financial assistance will only be available for services already rendered by a Health Care

368

Provider for up to a maximum of five thousand dollars ($5,000.00) within a twelve (12) month

369

period. An extension of this twelve (12) month period can be considered only for chronic

370

medical conditions, but may not exceed an additional five thousand dollars ($5,000.00).

371 5-6.

Medical and/or hospital bills incurred from illegal activity (i.e. operating while intoxicated,

372

injuries due to alcohol or drug use, etc.), or medical conditions that are a direct result from

373

drug use, including the abuse of prescription drugs, are not eligible for assistance, except for

374

Rule 8 which covers Inpatient or Intensive Outpatient treatment.

375 5-7.

Insurance denials resulting from an applicant’s failure to submit information pertinent to

376

processing an insurance claim are not eligible or assistance.

377 5-8.

Medical bills that have aged beyond twelve (12) months, or which have been referred to a

378

collection agency are not eligible for assistance.

379 5-9.

Chiropractic care, holistic treatment, pain clinic treatment/injections, methadone clinic,

380

Saboxon injection and/or nursing home and/or any assisted living facility are not eligible for

381

assistance.

382 5-10. CSF reserves the right to discontinue assistance based on funding availability.

383

384 VI. DENTAL RELATED EXPENSES

385 6-1. Purpose. The purpose of dental related expenses assistance is to assist enrolled members of

386

the Nation with financial support with the cost of dental-related services where no other

387

resources exist.

388 6-2. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic event,

389

illness, injury or emergency event.

390 6-3. Approval is from the Community Support Fund case manager is required prior to receiving

391

treatment from a dental health care provider.

392 6-4. Eligibility Criteria. In order to be eligible for dental related expenses assistance, a person must

393

provide a completed Community Support Fund application and the following:

394

(a) Proof of enrollment in the Nation;

395

(1) a non-enrolled parent of an enrolled minor child may apply for assistance that

396

directly affects the enrolled minor child;

397

(b) Verification by a dentist, orthodontist, or oral surgeon of the dental procedures to be

398

completed, and that they are a medical need, not cosmetic, and the cost or estimated cost

399

of the dental services, which shall include the name, address, and Federal tax ID number

400

of the dental health care provider;

401

network provider;

403

(d) Verification that the applicant is utilizing the Indian Health Service Clinic in his/her

404

service area if available;

405 6-5. Receipt of Required Documentation. Upon receipt of the completed application for dental

406

related expenses assistance, the case manager shall determine if all required documentation

407

was received from the applicant.

408

(a) The applicant shall provide all documentation requested by the case manager.

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409

(b) The case manager shall notify the applicant in writing of any necessary documentation

410

that was not received and is still needed.

411

412

case manager shall have up to ten (10) business days to provide the initial decision in

413

writing to the applicant.

414

(d) An application for dental related expenses assistance shall be valid for thirty (30) days.

415

If the applicant has a determination of award and/or coverage pending with another support

416

or assistance resource, the application will be valid for an additional fifteen (15) days upon

417

proof of that such determination is pending. If the applicant fails to provide all requested

418

documentation, the case manager shall send the applicant an expiration notice for their

419

application.

420 6-6. Upper and lower dentures are limited to a maximum of two hundred and fifty dollars ($250.00)

421

each per lifetime.

422 6-7. Financial assistance for dental related services other than dentures is limited to a maximum of

423

five hundred dollars ($500.00) within a twelve (12) month period.

424 6-8. Dental services requiring surgery or hospital care will be referred to the Medical Bill

425

Assistance Program (Rule 3).

426 6-9. Braces, implants, veneers, teeth whitening, or any other services considered strictly cosmetic

427

are not eligible for assistance.

428 6-10. CSF reserves the right to discontinue assistance based on funding availability.

429

430 VII. OPTICAL RELATED ASSISTANCE

431 7-1. Purpose. The purpose of the Optical related assistance program is to provide enrolled members

432

of the Nation with financial support with the costs associated with optical related services

433

where no other resources exist.

434 7-2. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic event,

435

illness, injury or emergency event.

436 7-3. Approval from CSF is required prior to treatment or purchase.

437 7-4. Eligibility Criteria. In order to be eligible for Optical Related Equipment assistance, a person

438

must provide a completed Community Support Fund application and the following:

439

(a) Proof of enrollment in the Nation;

440

(1) a non-enrolled parent of an enrolled minor child may apply for assistance that

441

directly affects the enrolled minor child.

442

(b) Cost estimate of optical services this includes the name, address and Federal Tax ID

443

of the provider;

444

445

optometrist;

446

(d) Verification of optical insurance and that the ophthalmologist, optician, or optometrist

447

is an in-network provider.

448

the application for assistance.

449 7-5. Applicant must utilize an Indian Health Service Clinic if available, or provided verification

450

that such a clinic is not available.

451 7-6. Receipt of Required Documentation. Upon receipt of the completed application for Optical

452

Related assistance, the case manager shall determine if all required documentation was

453

received from the applicant.

454

(a) The applicant shall provide all documentation requested by the case manager.

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455

(b) The case manager shall notify the applicant in writing of any necessary documentation

456

that was not received and is still needed.

457

458

case manager shall have up to ten (10) business days to provide the initial decision in

459

writing to the applicant.

460

(d) An application for Optical Related assistance shall be valid for thirty (30) days. If the

461

applicant has a determination of award and/or coverage pending with another support or

462

assistance resource, the application will be valid for an additional fifteen (15) days upon

463

proof of that such determination is pending. If the applicant fails to provide all requested

464

documentation, the case manager shall send the applicant an expiration notice for their

465

application.

466 7-7. Eye glass frames and lenses are limited to a maximum of two hundred and fifty dollars

467

($250.00) once per twelve (12) month period, and only the actual frame and lenses are eligible

468

for assistance. Enhancements, including, but not limited to transitional lenses, tinting, or anti469

reflective coatings, are not eligible for assistance.

470 7-8. Optical services requiring surgery or hospital care will be referred to the CSF Critical Medical

471

Bill program.

472 7-9. Transportation costs associated with reporting to a treatment/medical facility will be referred

473

to the CSF Critical Medical Travel Assistance program.

474 7-10. The following are not eligible for assistance: contact lenses, routine eye exams, vision

475

correction surgery (eye laser surgery), or any other services that are considered cosmetic. This

476

list is not exhaustive.

477 7-11. CSF reserves the right to discontinue assistance based on funding availability.

478

479 VIII. INPATIENT OR INTENSIVE OUTPATIENT TREATMENT ASSISTANCE

480 8-1. Purpose. The purpose of the Inpatient or Intensive Outpatient Treatment assistance is to

481

provide enrolled members of the Nation with financial support for inpatient or Intensive

482

Outpatient treatment who have been referred by a licensed or certified counseling agency or

483

program, or who have voluntarily entered into an inpatient or Intensive Outpatient treatment

484

program where no other resources exist.

485 8-2. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic event,

486

illness, injury or emergency event.

487 8-3. Approval from CSF is required prior to the inpatient stay or intensive outpatient treatment in

488

order to receive assistance.

489 8-4. Eligibility Criteria. In order to be eligible for Inpatient or Intensive Outpatient Treatment

490

assistance, a person must provide a completed Community Support Fund application and the

491

following:

492

(a) Proof of enrollment in the Nation;

493

(b) Cost estimate of the Treatment Center including the name, address and Federal Tax

494

ID number;

495

496

catastrophic illness;

497

(d) Verification of health insurance and that the treatment facility is in network. If not in

498

network, verification is to be provided that attempts were made to find a facility in network;

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499 8-5. Receipt of Required Documentation. Upon receipt of the completed application for Inpatient

500

Treatment assistance, the case manager shall determine if all required documentation was

501

received from the applicant.

502

(a) The applicant shall provide all documentation requested by the case manager.

503

(b) The case manager shall notify the applicant in writing of any necessary documentation

504

that was not received and is still needed.

505

506

case manager shall have up to ten (10) business days to provide the initial decision in

507

writing to the applicant.

508

(d) An application for Inpatient Treatment assistance shall be valid for thirty (30) days. If

509

the applicant has a determination of award and/or coverage pending with another support

510

or assistance resource, the application will be valid for an additional fifteen (15) days

511

upon proof of that such determination is pending. If the applicant fails to provide all

512

requested documentation, the case manager shall send the applicant an expiration notice

513

for their application.

514 8-6. Inpatient or intensive outpatient treatment assistance is available up to a maximum of five

515

thousand dollars ($5,000.00) per lifetime.

516 8-7. Inpatient or intensive outpatient treatment assistance will be paid directly to the treatment

517

facility and the treatment facility must be located within the continental United States.

518 8-8. Transportation costs associated with reporting to a treatment facility will be referred to the

519

CSF Emergency/Non-emergency Medical Travel program (Rule 4 section 4-5).

520 8-9. Follow up care expenses in a residential facility, half-way house, or transitional shelter shall

521

not exceed five hundred dollars ($500.00) per month for two (2) months. Follow up care

522

expenses do not apply to intensive outpatient treatment stays.

523 8-10. Shelter Assistance may be considered for intensive outpatient treatment when immediate prior

524

working hours are during the hours of treatment. These hours must be verified through the

525

employer and treatment facility, and shall not exceed five hundred dollars ($500.00) per month

526

for two (2) months.

527 8-11. Costs for incidentals such as food, personal care items, clothing, etc. are not eligible for

528

assistance.

529 8-12. CSF reserves the right to discontinue assistance based on funding availability.

530

531 IX. MEDICAL RELATED EQUIPMENT, SUPPLIES, OR FURNITURE

532 9-1. Purpose. The purpose of the Medical Related Equipment, Supplies, or Furniture assistance

533

program is to provide enrolled members of the Nation with financial assistance with furniture,

534

equipment, or supplies verified by a licensed doctor as being necessary to improve or maintain

535

the quality of life for those applicants who are diagnosed with a life-threatening or chronic

536

medical condition where no other resources exist.

537 9-2. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic event,

538

illness, injury or emergency event.

539 9-3. Prior approval must be received from the CSF before any purchases are made in order to be

540

eligible for assistance.

541 9-4. Medically related equipment, supplies, or furniture must be rented whenever available.

542 9-5. Eligibility Criteria. In order to be eligible for Medical Related Equipment assistance, a person

543

must provide a completed Community Support Fund application and the following:

544

(a) Proof of enrollment in the Nation;

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545

(1) a non-enrolled parent of an enrolled minor child may apply for assistance that

546

directly affects the enrolled minor child.

547

(b) The cost estimate of supplies or equipment prior to purchasing, which shall include

548

the vendor name, address, and Federal Tax ID number;

549

550

(1)

If the need is on a short-term basis (less than six (6) months);

551

(2) The specific life-threatening or chronic medical condition; and

552

(3) That the equipment, supplies or furniture are need to improve or maintain

553

the applicant’s quality of life;

554

(d) Statement of denial of assistance from an Indian Health Service (HIS) facility or EOB

555

from any third party insurance carrier;

556

(e) Proof of home ownership or rental lease agreement; and

557 9-6. Receipt of Required Documentation. Upon receipt of the completed application for Medical

558

Related Equipment, Supplies, or Furniture assistance, the case manager shall determine if all

559

required documentation was received from the applicant.

560

(a) The applicant shall provide all documentation requested by the case manager.

561

(b) The case manager shall notify the applicant in writing of any necessary documentation

562

that was not received and is still needed.

563

564

case manager shall have up to ten (10) business days to provide the initial decision in

565

writing to the applicant.

566

(d) An application for Medial Related Equipment, Supplies, or Furniture assistance shall

567

be valid for thirty (30) days. If the applicant has a determination of award and/or

568

coverage pending with another support or assistance resource, the application will be

569

valid for an additional fifteen (15) days upon proof of that such determination is pending.

570

If the applicant fails to provide all requested documentation, the case manager shall send

571

the applicant an expiration notice for their application.

572 9-7. Financial assistance for this program is limited to a maximum of two thousand dollars

573

($2,000.00) within a twelve (12) month period.

574 9-8. An additional five hundred dollars ($500.00) may be considered based on medical

575

documentation.

576 9-9. Permanent ramps require the applicant to be the homeowner. Temporary ramps must have the

577

written consent of the property owner.

578 9-10. Home renovations necessary for handicap accessibility are limited to a maximum of two

579

thousand dollars ($2,000) once per twelve (12) month period.

580

(a) Renters are not eligible for home renovations.

581

(b) Home renovations may include, but is not limited to, accommodations to

582

bathrooms, doorways, hallways for wheelchairs, or a walk-in or roll in shower.

583 9-11. The types of equipment, furniture or supplies to be considered for assistance may include, but

584

is not limited to the following: hospital bed, lift chair, wheelchair, scooter, portable or

585

permanent ramps, air conditioners, room air purification systems, hearing aids, artificial limbs,

586

vision aids, wigs, and specialty made undergarments.

587 9-12. CSF reserves the right to discontinue assistance based on funding availability.

588

589

590

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591

592 X. PRESCRIPTION REIMBURSEMENT ASSISTANCE.

593 10-1. Purpose. The purpose of Prescription Reimbursement assistance is to assist enrolled members

594

of the Nation with reimbursement of emergency prescribed medications that are needed after

595

regular business hours or not available at Indian Health Service Clinic.

596 10-2. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic event,

597

illness, injury or emergency event.

598 10-3. Eligibility Criteria. In order to be eligible for Prescription Reimbursement assistance, a person

599

must provide a completed Community Support Fund application and the following:

600

(a) Proof of enrollment in the Nation;

601

(b) Verification of current group health insurance policy that covers prescriptions;

602

603

(d) Original receipts of prescription medication;

604

(e) Verification that the emergency medical prescription was needed after hours, which

605

shall include the emergency room report or discharge summary;

606

(f) Verification that there is no Indian Health Service Clinic within ninety (90) miles of

607

the applicant;

608 10-4. Receipt of Required Documentation. Upon receipt of the completed application for

609

Prescription Reimbursement assistance, the case manager shall determine if all required

610

documentation was received from the applicant.

611

(a) The applicant shall provide all documentation requested by the case manager.

612

(b) The case manager shall notify the applicant in writing of any necessary documentation

613

that was not received and is still needed.

614

615

case manager shall have up to ten (10) business days to provide the initial decision in

616

writing to the applicant.

617

(d) An application for Prescription Reimbursement assistance shall be valid for thirty (30)

618

days. If the applicant has a determination of award and/or coverage pending with another

619

support or assistance resource, the application will be valid for an additional fifteen (15)

620

days upon proof of that such determination is pending. If the applicant fails to provide all

621

requested documentation, the case manager shall send the applicant an expiration notice

622

for their application.

623 10-5. Reimbursement for emergency prescriptions is limited to three hundred dollars ($300.00)

624

within a twelve (12) month period.

625 10-6. Prescription reimbursement must be submitted within forty-five (45) days of the original

626

receipt date.

627 10-7. Prescribed medications for chemical dependency (i.e. methadone, suboxon, etc.) are not a

628

covered benefit.

629 10-8. Denials from the IHS clinic resulting from not following preferred purchasing/care team

630

(contract health) will not be covered (i.e. proof of residency not provided, application not

631

updated, no seventy-two (72) hours notice, etc.)

632 10-9. CSF reserves the right to discontinue assistance based on funding availability.

633

634 XI. COBRA INSURANCE PAYMENTS

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635 11-1. Purpose. The purpose of COBRA insurance payments assistance is to assist enrolled members

636

of the Nation with payment of COBRA insurance premiums when they experience an

637

interruption of employment.

638 11-2. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic event,

639

illness, injury or emergency event.

640 11-3. Eligibility Criteria. In order to be eligible for COBRA insurance assistance, a person must

641

provide a completed Community Support Fund application and the following:

642

(a) Proof of enrollment in the Nation;

643

(b) Verification of current group health insurance policy;

644

645

(d) Verification of all state and public benefits applied for if eligible;

646

(e) Written estimate of employer’s group health care coverage plan premium for COBRA

647

coverage;

648

(f) Verification of medical diagnosis, prognosis, and approximate length of employment

649

interruption;

650

(g) Verification of the approved medical leave from employer;

651

(h) Verification of all household employment within the last thirty (30) days of

652

submission of the application for assistance.

653 11-4. Receipt of Required Documentation. Upon receipt of the completed application for COBRA

654

insurance payments, the case manager shall determine if all required documentation was

655

received from the applicant.

656

(a) The applicant shall provide all documentation requested by the case manager.

657

(b) The case manager shall notify the applicant in writing of any necessary documentation

658

that was not received and is still needed.

659

660

case manager shall have up to ten (10) business days to provide the initial decision in

661

writing to the applicant.

662

(d) An application for COBRA insurance payments shall be valid for thirty (30) days. If

663

the applicant has a determination of award and/or coverage pending with another support

664

or assistance resource, the application will be valid for an additional fifteen (15) days upon

665

proof of that such determination is pending. If the applicant fails to provide all requested

666

documentation, the case manager shall send the applicant an expiration notice for their

667

application.

668 11-5. COBRA insurance premium payments are limited to a maximum of five hundred dollars

669

($500.00) per month for a total period of three (3) months. An additional three (3) months of

670

COBRA Insurance premiums may be requested with additional supporting documentation

671

from a medical professional which indicates the applicant’s return to employment is

672

established and with documentation from the employer approving the extended leave time.

673 11-6. Upon notification of employment termination, a referral to state or public assistance will be

674

made.

675 11-7. CSF reserves the right to discontinue assistance based on funding availability.

676

677 XII. FAMILY MEDICAL LEAVE ACT WAGE REPLACEMENT

678 12-1. Purpose. The purpose of the Family Medical Leave Act (FMLA) Wage Replacement

679

assistance program is to assist enrolled members of the Nation with wage replacement when

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680

wages are interrupted due to the need to care for an immediate family member as approved

681

under the Family Medical Leave Act.

682 12-2. FMLA wage replacement assistance is available only to employed immediate family members

683

utilizing the FMLA or approved medical leave by the caregiver’s employer.

684 12-3. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic event,

685

illness, injury or emergency event.

686 12-4. Eligibility Criteria. In order to be eligible for FMLA Wage Replacement assistance, a person

687

must provide a completed Community Support Fund application and the following:

688

(a) Proof of enrollment in the Nation;

689

(b) Verification that the caregiver has been employed with their company for at least

690

twelve (12) months, and must have worked for at least one thousand two hundred and fifty

691

(1250) hours in the last twelve (12) months;

692

693

(d) Verification of the medical need requiring full-time care of the immediate family

694

member, which indicates that continuous care is needed twenty four (24) hours per day, for

695

seven (7) days a week. Said verification must also specify the approximate length of time

696

this direct care is needed.

697

(e) Verification of all household income within the last thirty (30) days of submission of

698

the application for assistance.

699 12-5. Receipt of Required Documentation. Upon receipt of the completed application for FMLA

700

Wage Replacement assistance, the case manager shall determine if all required documentation

701

was received from the applicant.

702

(a) The applicant shall provide all documentation requested by the case manager.

703

(b) The case manager shall notify the applicant in writing of any necessary documentation

704

that was not received and is still needed.

705

706

case manager shall have up to ten (10) business days to provide the initial decision in

707

writing to the applicant.

708

(d) An application for FMLA Wage Replacement assistance shall be valid for thirty (30)

709

days. If the applicant has a determination of award and/or coverage pending with another

710

support or assistance resource, the application will be valid for an additional fifteen (15)

711

days upon proof of that such determination is pending. If the applicant fails to provide all

712

requested documentation, the case manager shall send the applicant an expiration notice

713

for their application.

714 12-6. FMLA wage replacement shall be for a maximum of three hundred and fifty dollars ($350.00)

715

per week for up to twelve (12) weeks. However, wages that are less than three hundred and

716

fifty dollars ($350.00) per week will be paid at the actual wage rate appearing on the

717

caregiver’s pay stubs.

718 12-7. An extension of an additional twelve (12) weeks of wage replacement may be considered on a

719

case by case basis, and updated verification must be provided showing additional approved

720

FMLA leave from the caregiver’s employer.

721 12-8. FMLA wage replacement will not be available to caregivers who are unemployed, receiving

722

social security benefits, retirement benefits, or any other source of income.

723 12-9. A W-2 tax statement will be issued to the caregiver from the Oneida Nation Central Accounting

724

Department. This will be a separate W-2 tax statement from regular earnings if the caregiver

725

is an employee of the Oneida Nation.

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726 12-10.The applicant must notify the case manager ten (10) business days prior to the end of the

727

approved FMLA.

728 12-11.The wage replacement will end seven (7) days after the immediate family member being cared

729

for is institutionalized or passes away.

730 12-12.Failure of the applicant to report changes in the household will result in the termination of

731

benefits.

732 12-13.Applicants are not eligible for shelter, utilities, or any other supportive service during the time

733

of receiving wage replacement.

734 12-14.The applicant must be directly caring for an immediate family member, and not oneself.

735 12-15.CSF reserves the right to discontinue assistance based on funding availability.

736

737 XIII. FIRE/NATURAL DISASTER ASSISTANCE

738 13-1. Purpose. The purpose of the Fire/Natural Disaster Assistance program is to assist enrolled

739

members of the Nation with financial support for fire or natural disaster shelter expenses where

740

no other resources exist.

741 13-2. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic event,

742

illness, injury or emergency event.

743 13-3. Eligibility Criteria. In order to be eligible for Fire/Natural Disaster assistance, a person must

744

provide a completed Community Support Fund application and the following:

745

(a) Proof of enrollment in the Nation;

746

(b) A police and/or fire department report specifying the fire/natural disaster and

747

confirming that the home is uninhabitable;

748

749

(d) Verification of assistance provided or applied for from disaster relief organizations

750

such as Red Cross, FEMA, etc.;

751

(e) Verification of all household members at the time of the fire/natural disaster;

752

(f) Verification of lease or mortagage lender information.

753 13-4. Receipt of Required Documentation. Upon receipt of the completed application for

754

Fire/Natural Disaster assistance, the case manager shall determine if all required

755

documentation was received from the applicant.

756

(a) The applicant shall provide all documentation requested by the case manager.

757

(b) The case manager shall notify the applicant in writing of any necessary documentation

758

that was not received and is still needed.

759

760

case manager shall have up to ten (10) business days to provide the initial decision in

761

writing to the applicant.

762

(d) An application for Fire/Natural Disaster assistance shall be valid for thirty (45) days.

763

If the applicant has a determination of award and/or coverage pending with another support

764

or assistance resource such as Red Cross, the application will be valid for an additional

765

fifteen (15) days upon proof of that such determination is pending. If the applicant fails to

766

provide all requested documentation, the case manager shall send the applicant an

767

expiration notice for their application.

768 13-5. Temporary shelter assistance will be given for up to a maximum of fifteen (15) days with the

769

limit of seventy-five dollars ($75.00) per day for a grand total of one thousand and one hundred

770

and twenty-five dollars ($1,125.00) if shelter expenses have not been paid by other resources.

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771 13-6. Temporary shelter may be extended for up to an additional five (5) days upon verification from

772

a licensed contractor that repairs are not able to be completed within the original fifteen (15)

773

day time period, and alternate shelter is verified as not being available.

774 13-7. Immediate shelter arrangements may be made by the case manager for a hotel/motel, making

775

an effort to obtain a room with appliances for storing and preparing meals.

776 13-8. Security deposit and first month’s rent shall not exceed one thousand dollars ($1,000.00) if the

777

current home is uninhabitable and is in need of major repair beyond thirty (30) days. The

778

following additional information must be provided:

779

(a) Landlord verification form which shall include the amount of security deposit and

780

monthly rent;

781

(b) Copy of a new rental lease agreement;

782

783 13-10.Applicant is responsible to report to the Case Manager any changes in the current catastrophic

784

situation, such as assistance from other agencies, or long-term housing arrangements.

785 13-11.Direct vendor payment may be made up to one hundred dollars ($100.00) per family member

786

for clothing and basic household item needs.

787 13-12.Any claim of items stored in a household by persons other than residents of the household will

788

not be considered for assistance (i.e. stored items in basement, garage, etc.)

789 13-13.Some services are not eligible for assistance, including, but not limited to auto replacement,

790

transportation, food, storage fees, furnishings, smoke or water damage cleaning fees, and

791

rebuilding costs.

792 13-14.The CSF will not pay family members or caregivers, rather payment will be made to a valid

793

landlord or mortgage holder.

794 13-15.The CSF reserves the right to discontinue assistance in cases where fraud or illegal activity has

795

been determined to have caused the catastrophic event, illness, injury or emergency event

796

resulting in the need for shelter.

797 13-16.The CSF reserves the right to discontinue assistance based on funding availability.

798

799 XIV. FUNERAL TRAVEL REIMBURSEMENT

800 14-1. Purpose. The purpose of the Funeral travel reimbursement program is to provide a consistent

801

process of reimbursing enrolled members of the Nation with expenses associated with funeral

802

travel when there are no other resources that exist.

803 14-2. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic event,

804

illness, injury or emergency event.

805 14-3. Eligibility Criteria. In order to be eligible for Funeral travel reimbursement, a person must

806

provide a completed Community Support Fund application and the following:

807

(a) Proof of enrollment in the Nation;

808

(b) A copy of the obituary that lists the immediate family member;

809

810

(d) Original receipts that show payment for hotel, gas, and/or airfare turned in for

811

reimbursement within thirty (45) days of the date of the funeral;

812 14-4. Receipt of Required Documentation. Upon receipt of the completed application for Funeral

813

Travel Reimbursement assistance, the case manager shall determine if all required

814

documentation was received from the applicant.

815

(a) The applicant shall provide all documentation requested by the case manager.

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816

(b) The case manager shall notify the applicant in writing of any necessary documentation

817

that was not received and is still needed.

818

819

case manager shall have up to ten (10) business days to provide the initial decision in

820

writing to the applicant.

821

(d) An application for Funeral Travel Reimbursement assistance shall be valid for thirty

822

(30) days. If the applicant has a determination of award and/or coverage pending with

823

another support or assistance resource, the application will be valid for an additional

824

fifteen (15) days upon proof of that such determination is pending. If the applicant fails

825

to provide all requested documentation, the case manager shall send the applicant an

826

expiration notice for their application.

827 14-5. Airfare, train, bus, lodging and vehicle fuel is limited to a combined maximum reimbursement

828

amount of five hundred dollars ($500.00).

829

(a)

Multiple immediate family members are limited to reimbursement of five hundred

830

dollars ($500.00) each.

831

(b)

Hotel lodging is limited to a maximum of seventy-five dollars ($75.00) per night

832

and up to two (2) nights of stay and is only for those who reside in excess of sixty (60)

833

miles one-way from the location of the funeral.

834

(c)

All receipts must coincide with the initial funeral date.

835

(d)

Payments will not be made for “celebrations of life” or similiar gatherings after the

836

family members death.

837 14-6. Purchases not eligible for reimbursement include, but are not limited to, rental car, car repair,

838

food, clothing, flowers, and actual funeral costs.

839 14-7. Vehicle fuel reimbursement is limited to those persons who must travel forty (40) or more

840

miles one-way to attend a funeral service.

841 14-8. Reimbursement of travel expenses will not be considered when travel was completed more

842

than forty-five (45) days after the verified date of the funeral.

843 14-9. CSF will not make any reservations for any form of travel. This assistance is by reimbursement

844

only.

845 14-10.This program encourages multiple family members traveling to the same destination to

846

carpool, and/or share hotel rooms whenever possible.

847 14-11.CSF reserves the right to discontinue assistance based on funding availability.

848

849 XV. APPLIANCE REPAIR AND REPLACEMENT: FURNACE AND WATER HEATER

850 15-1. Purpose. The purpose of Appliance Repair and Replacement assistance is to assist enrolled

851

members of the Nation with an emergency repair or replacement of a furnace or water heater

852

where no other resources exist.

853 15-2. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic event,

854

illness, injury or emergency event.

855 15-3. This assistance is limited to furnaces and water heaters, and shall not include any other kind of

856

appliances.

857 15-4. Eligibility Criteria. In order to be eligible for Appliance Repair and Replacement assistance,

858

a person must provide a completed Community Support Fund application and the following:

859

(a) Proof of enrollment in the Nation;

860

(b) Two (2) cost estimates for repair of a water heater or furnace from a licensed/certified

861

repair professional, one (1) estimate is acceptable when weather is extremely cold and/or

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862

during a National emergency, to include the name, address, phone number, and Federal

863

Tax Identification number of the professional;

864

865

in which the applicant resides, along with proof assistance was denied; and

866

(d) Verification that the applicant is the owner of the home.

867 15-5. Receipt of Required Documentation. Upon receipt of the completed application for appliance

868

repair and/or replacement assistance, the case manager shall determine if all required

869

documentation was received from the applicant.

870

(a) The applicant shall provide all documentation requested by the case manager.

871

(b) The case manager shall notify the applicant in writing of any necessary documentation

872

that was not received and is still needed.

873

874

case manager shall have up to ten (10) business days to provide the initial decision in

875

writing to the applicant.

876

(d) An application for appliance repair and/or replacement assistance shall be valid for

877

thirty (30) days. If the applicant has a determination of award and/or coverage pending

878

with another support or assistance resource, the application will be valid for an additional

879

fifteen (15) days upon proof of that such determination is pending. If the applicant fails

880

to provide all requested documentation, the case manager shall send the applicant an

881

expiration notice for their application.

882 15-6. When a cost estimate indicates that the repair costs will exceed the value of the appliance,

883

replacement will be considered and approved on a case by case basis.

884 15-7. The repair and/or replacement of a water heater shall be at least one hundred dollars ($100.00)

885

and not exceed six hundred dollars ($600.00) once every ten (10) years.

886 15-8. The repair and/or replacement of a furnace shall not exceed two thousand and five hundred

887

dollars ($2,500.00) once per lifetime.

888 15-9. The CSF reserves the right to discontinue assistance based on funding availability.

889

890 XVI. SECURITY DEPOSIT ASSISTANCE

891 16-1. Purpose. The purpose of the Security Deposit assistance program is to provide enrolled

892

members of the N

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