# Oneida Business Committee (2021) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Add5a0d7c16b1b8fb ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 194 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. I. CALL TO ORDER II. OPENING III. ADOPT THE AGENDA IV. OATH OF OFFICE A. V. Pardon and Forgiveness Screening Committee - Sandra Skenadore Sponsor: Lisa Liggins, Secretary RESOLUTIONS A. 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 Page 1 of 5 June 09, 2021 Public Packet VI. 2 of 194 B. 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 C. Adopt resolution entitled Face Masks Updated – COVID-19 Pandemic Sponsor: Jo Anne House, Chief Counsel STANDING COMMITTEES A. B. C. COMMUNITY DEVELOPMENT PLANNING COMMITTEE 1. Accept the March 4, 2021, regular Community Development Planning Committee meeting minutes Sponsor: Brandon Stevens, Vice-Chairman 2. Accept the April 8, 2021, regular Community Development Planning Committee meeting minutes Sponsor: Brandon Stevens, Vice-Chairman LEGISLATIVE OPERATING COMMITTEE 1. Accept the May 19, 2021, regular Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman 2. 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 1. VII. Accept the April 15, 2021, regular Quality of Life Committee meeting minutes Sponsor: Marie Summers, Councilwoman NEW BUSINESS A. Approve the Behavioral Health request to post one (1) grant funded Clinical Substance Abuse Counselor Sponsor: Geraldine Danforth, Area Manager/Human Resources B. Approve the Behavioral Health request to post four (4) grant funded Psychotherapists Sponsor: Geraldine Danforth, Area Manager/Human Resources C. Approve the Behavioral Health request to post two (2) grant funded Social Workers Sponsor: Geraldine Danforth, Area Manager/Human Resources Oneida Business Committee Regular Meeting Agenda Page 2 of 5 June 09, 2021 Public Packet VIII. 3 of 194 D. Approve the Eco Services request to post one (1) grant funded Resource Conservationist Project Manager Sponsor: Geraldine Danforth, Area Manager/Human Resources E. Approve the Land Management request to post one (1) grant funded Project Manager Sponsor: Geraldine Danforth, Area Manager/Human Resources F. Approve the Land Management request to post one (1) grant funded Title Examiner Sponsor: Geraldine Danforth, Area Manager/Human Resources G. Review Public Health Officer recommendation regarding General Tribal Council meetings and determine next steps Sponsor: Tehassi Hill, Chairman H. Approve the Economic Support request to post three (3) LTE Community Support Case Workers Sponsor: Mark W. Powless, General Manager I. Direct the Law Office to draft to a legal opinion regarding mandatory vaccination options Sponsor: Lisa Liggins, Secretary REPORTS A. OPERATIONAL 1. B. Accept the Public Works Division FY-2021 2nd quarter report Sponsor: Jacque Boyle, Division Director/Public Works CORPORATE BOARDS 1. Accept the Bay Bancorporation Inc. FY-2021 2nd quarter report Sponsor: Jeff Bowman, President/Bay Bank 2. Accept the Oneida ESC Group, LLC FY-2021 2nd quarter report Sponsor: John L. Breuninger, Chairman/Oneida ESC Group, LLC 3. Accept the Oneida Airport Hotel Corporation FY-2021 2nd quarter report Sponsor: Kathy Hughes, Chairwoman/Oneida Airport Hotel Corporation 4. Oneida Golf Enterprise FY-2021 2nd quarter report (not submitted) Sponsor: James Petitjean, Agent/Oneida Golf Enterprise Oneida Business Committee Regular Meeting Agenda Page 3 of 5 June 09, 2021 Public Packet IX. 4 of 194 EXECUTIVE SESSION A. REPORTS 1. Accept the April 2021 Treasurer's report (11:00 a.m.) Sponsor: Tina Danforth, Treasurer 2. Accept the Bay Bancorporation Inc. FY-2021 2nd quarter executive report (1:30 p.m.) Sponsor: Jeff Bowman, President/Bay Bank 3. 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. B. 4. Accept the Oneida Airport Hotel Corporation FY-2021 2nd quarter executive report (3:00 p.m.) Sponsor: Kathy Hughes, Chairwoman/Oneida Airport Hotel Corporation 5. Oneida Golf Enterprise FY-2021 2nd quarter executive report (not submitted) Sponsor: James Petitjean, Agent/Oneida Golf Enterprise 6. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel 7. Joint Marketing 2nd quarter report (not submitted) Sponsor: Lisa Liggins, Secretary AUDIT COMMITTEE 1. Accept the April 15, 2021, regular, Audit Committee meeting minutes Sponsor: David P. Jordan, Councilman 2. Accept the Bingo compliance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 3. Accept the Gaming Promotions and Player Tracking Systems compliance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 4. Accept the Blackjack Rules of Play compliance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman 5. Accept the Gaming-Profits performance assurance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman Oneida Business Committee Regular Meeting Agenda Page 4 of 5 June 09, 2021 Public Packet 5 of 194 6. C. X. Accept the Land Commission performance assurance audit and lift the confidentiality requirement Sponsor: David P. Jordan, Councilman NEW BUSINESS 1. Approve one (1) new enrollment Sponsor: Debbie Danforth, Chair/Trust Enrollment Committee 2. Adopt resolution entitled Regarding Pardon of Dolores M. Denny Sponsor: Lisa Liggins, Secretary 3. Adopt resolution entitled Regarding Pardon of Rebecca L. Selwyn Sponsor: Lisa Liggins, Secretary 4. Review and determine next steps regarding 2021 Annual Project/Goal #3 for BCDR10 Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs 5. Review BC Officer recommendations regarding NG-020-036-OIA and determine next steps Sponsor: Lisa Liggins, Secretary 6. 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 Page 5 of 5 June 09, 2021 Public Packet 6 of 194 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 Public Packet 7 of 194 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. Public Packet 8 of 194 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". Public Packet 9 of 194 Public Packet 10 of 194 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 (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 (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 Public Packet 11 of 194 Page 2 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. Public Packet 12 of 194 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. Public Packet 13 of 194 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 Public Packet • • • • • • • • • • • 14 of 194 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. Public Packet 15 of 194 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 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 Public Packet 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 16 of 194 BC Resolution _____________ Approval of Use of Economic Development, Diversification and Community Development Fund for Transfer of $2.4 Million to the Oneida Land Commission Page 2 of 2 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); (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 (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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 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 VV 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. 17 of 194 Public Packet 18 of 194 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); Page 1 of 2 Public Packet   19 of 194 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. Page 2 of 2 Public Packet 20 of 194 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". Public Packet 21 of 194 Public Packet 22 of 194 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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 Public Packet 23 of 194 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 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 (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, Public Packet 24 of 194 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 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 2. 3. 4. 5. 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. Public Packet 25 of 194 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 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 Public Packet 26 of 194 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 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 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 Public Packet 27 of 194 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 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 (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. Public Packet 28 of 194 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 4 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 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. Public Packet 29 of 194 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 Public Packet 30 of 194 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 Public Packet 31 of 194 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% R AF T 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 D 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" Public Packet 32 of 194 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. T $ 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. R AF 31 CFR 35.6 (b)(12)(iii) D $ 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. Public Packet 33 of 194 Adopt resolution entitled Face Masks Updated – COVID-19 Pandemic / / Motion to adopt resolution titled "Face Masks Updated - COVID-19 Pandemic". Public Packet 34 of 194 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 Public Packet 35 of 194 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 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. Public Packet 36 of 194 BC Resolution # _______ Face Masks Updated – COVID-19 Pandemic Page 2 of 2 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 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. Public Packet 37 of 194 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 Page 1 of 3 Public Packet 38 of 194 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. Page 2 of 3 Public Packet    39 of 194 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. Page 3 of 3 Public Packet 40 of 194 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 Public Packet 41 of 194 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 Page 1 of 2 Public Packet 42 of 194 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 Page 2 of 2 Public Packet 43 of 194 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 Public Packet 44 of 194 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 Page 1 of 2 Public Packet 45 of 194 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 Page 2 of 2 Public Packet 46 of 194 Oneida Business Committee Agenda Request Accept the May 19, 2021, regular Legislative Operating Committee meeting minutes 1. Meeting Date Requested: 6 / 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 3. 2. 4. 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 Public Packet 47 of 194 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). I. 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 V. 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 Page 1 of 2 Public Packet 48 of 194 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 Public Packet 49 of 194 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: 6 / 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 3. 2. 4. 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 Public Packet 50 of 194 Public Packet 51 of 194 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. Public Packet 52 of 194 Draft of Proposed Amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. (c) “Caregiver” means the person who assists an ill or incapacitated immediate family 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. 3.2021 Public Packet 53 of 194 Draft of Proposed Amendments (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. 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 3.2021 Public Packet 54 of 194 Draft of Proposed Amendments 93 (t) “Income” means a measurement including, but not limited to, a combination of 94 salaries, wages, retirement pension, disability income, government benefits, and 95 unemployment of all people sharing a particular household/residence. 96 (u) “Legal guardian” means a person who has the legal authority to care for the personal 97 and property interests of another person granted through a Court order. 98 (v) “Legal responsibility” means specific duties imposed upon a person to care or provide 99 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: 3.2021 Public Packet 55 of 194 Draft of Proposed Amendments 138 139 140 141 142 143 144 145 146 147 148 149 3-4. 150 151 152 153 154 155 156 157 158 159 160 161 162 163 3-5. 164 165 166 167 168 169 170 171 172 173 3-6. 174 175 176 177 178 179 180 181 182 (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. (c) Landlord Verification Form completed by the landlord of the applicant or a statement 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. (c) Upon receipt of a completed application along with all the required documentation, 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. (c) Shelter assistance shall not be used to pay family members or caregivers of the 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. (c) Only the applicant’s portion of the utility bill shall be considered when determining the amount of utility assistance if the applicant’s household consists of other adults. 3.2021 Public Packet 56 of 194 Draft of Proposed Amendments 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 (c) The case manager shall provide ten (10) day notification to an applicant whose shelter 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 (c) Income; 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. 3.2021 Public Packet 57 of 194 Draft of Proposed Amendments 227 4-3. 228 229 230 231 232 233 234 235 236 237 4-4. 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 4-5. 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 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; (c) Verification of the applicants relationship to the patient; (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. (c) Upon receipt of a completed application along with all the required documentation, 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. (c) Non-Emergency Travel Less Than Sixty (60) Miles One Way. (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. 3.2021 Public Packet 58 of 194 Draft of Proposed Amendments 273 274 275 276 277 278 279 280 281 282 283 284 285 4-6. 286 287 288 289 290 291 292 293 294 295 296 297 298 299 4-7. 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 (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. (c) Reimbursement for emergency travel assistance is limited to those persons who must 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; (c) Auto repair assistance is limited to a maximum amount of five hundred dollars ($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. 3.2021 Public Packet 59 of 194 Draft of Proposed Amendments 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 (c) Personal expenses, including, but not limited to, meals or personal care items; 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 (c) Verification that the applicant’s health insurance was utilized within his/her health care 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 (c) Upon receipt of a completed application along with all the required documentation, the 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 3.2021 Public Packet 60 of 194 Draft of Proposed Amendments 363 assistance resource, the application will be valid for an [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Add5a0d7c16b1b8fb. Public record. Not legal advice.