# Oneida Business Committee (2018) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aec67eade1482e64e ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 135 Oneida Business Committee Executive Session 8:30 AM Tuesday, November 27, 2018 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 8:30 AM Wednesday, November 28, 2018 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. I. CALL TO ORDER II. OPENING III. ADOPT THE AGENDA IV. OATH OF OFFICE A. V. Oneida Nation Arts Board - Melis Arik Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary MINUTES A. Approve the November 14, 2018, regular Business Committee meeting minutes Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary Oneida Business Committee Regular Meeting Agenda Page 1 of 5 November 28, 2018 Public Packet VI. VII. 2 of 135 RESOLUTIONS A. Adopt resolution entitled Oneida Nation Wildland Fire Management Plan Sponsor: Patrick Pelky, Division Director/Environmental, Health, Safety & Land B. Adopt resolution entitled Oneida Business Committee and Joint Meetings with Boards, Committees and Commissions - Definitions and Impact Sponsor: Tehassi Hill, Chairman C. Adopt resolution entitled Relocating ‘Tribal Action Plan – Office’ to Under the Supervision of a Direct Report to the Oneida Business Committee Sponsor: Daniel Guzman King, Councilman STANDING COMMITTEES A. COMMUNITY DEVELOPMENT PLANNING COMMITTEE 1. B. FINANCE COMMITTEE 1. C. VIII. Accept the October 4, 2018, regular Community Development Planning Committee meeting minutes Sponsor: Ernie Stevens III, Councilman Approve the November 19, 2018, regular Finance Committee meeting minutes Sponsor: Trish King, Treasurer LEGISLATIVE OPERATING COMMITTEE 1. Accept the update regarding the progress of the Oneida Personnel Commission Sponsor: David P. Jordan, Councilman 2. Accept the November 7, 2018, regular Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman TRAVEL REPORTS A. Approve travel report - Councilman Daniel Guzman King - NCAI 75th Annual Convention & Marketplace - Denver, CO - October 20-27, 2018 Sponsor: Daniel Guzman King, Councilman B. Approve travel report - Councilman Daniel Guzman King - EPA Region 5 Tribal Operating Committee meeting - Welch, MN - Nov 13-14, 2018 Sponsor: Daniel Guzman King, Councilman C. Approve travel report and one (1) additional action - Vice-Chairman Brandon Stevens - Mentoring Our Own Native Students (MOONS) 2018 - Lawrence, KS September 19-21, 2018 Sponsor: Brandon Stevens, Vice-Chairman Oneida Business Committee Regular Meeting Agenda Page 2 of 5 November 28, 2018 Public Packet IX. X. 3 of 135 TRAVEL REQUESTS A. Approve travel request - Vice-Chairman Brandon Stevens - Haskell Fall Board of Regents meeting - Lawrence, KS - December 4-8, 2018 Sponsor: Brandon Stevens, Vice-Chairman B. Enter the e-poll results into the record for the approved travel request for Councilman Daniel Guzman King to attend the EPA Region 5 Tribal Operating Committee meeting in Welch, MN - Nov 13-14, 2018 Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary NEW BUSINESS A. XI. Approve Michelle Myers, RN BSN to serve on the Wisconsin Council on Immunization Practices on behalf of the Oneida Nation and the Comprehensive Health Division Sponsor: Jennifer Webster, Councilwoman GENERAL TRIBAL COUNCIL A. Approve the 2019 Annual report book and send to Oneida Printing Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary B. Approve the draft GTC minutes packet and send to Oneida Printing Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary C. PETITIONER CATHY L. METOXEN - ONEIDA YOUTH LEADERSHIP INSTITUTE 1. Accept the statement of effect Sponsor: David P. Jordan, Councilman 2. Determine appropriate action regarding the legal review Sponsor: Jo Anne House, Chief Counsel Oneida Business Committee Regular Meeting Agenda Page 3 of 5 November 28, 2018 Public Packet XII. 4 of 135 EXECUTIVE SESSION A. B. REPORTS 1. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel 2. Accept the Division of Public Works FY-2018 4th quarter executive report (1:30 p.m.) Sponsor: Jacque Boyle, Division Director/Public Works 3. Accept the Environmental, Health, Safety & Land Division FY-2018 4th quarter report (2:00 p.m.) Sponsor: Patrick Pelky, Division Director/Environmental, Health, Safety & Land 4. Defer the Intergovernmental Affairs, Communications, and Self-Governance November 2018 report to the December 12, 2018, regular Business Committee meeting Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs 5. Accept the Gaming General Manager November 2018 report (2:30 p.m.) Sponsor: Louise Cornelius, Gaming General Manager 6. Accept the Bay Bancorporation, Inc. FY-2018 4th quarter executive report (8:30 a.m.) Sponsor: Jeff Bowman, President/Bay Bank 7. Accept the Oneida ESC Group, LLC. FY-2018 4th quarter executive report (9:00 a.m.) Sponsor: Jacquelyn Zalim, Chair/OESC Board of Managers 8. Accept the Oneida Seven Generation Corporation FY-2018 4th quarter executive report (9:30 a.m.) Sponsor: Pete King III, Agent/OSGC 9. Accept the Oneida Airport Hotel Corporation FY-2018 4th quarter executive report (10:00 a.m.) Sponsor: Robert Barton, President/OAHC 10. Accept the Oneida Golf Enterprise Corporation FY-2018 4th quarter executive report (10:30 a.m.) Sponsor: Josh Doxtator, Chief Operating Officer/OGEC STANDING ITEMS 1. ONEIDA GOLF ENTERPRISE CORPORATION - LADIES PROFESSIONAL GOLF ASSOCIATION a. Oneida Business Committee Accept the Thornberry Creek LPGA Classic November 2018 report Sponsor: Josh Doxator, Chief Operating Officer/OGEC Regular Meeting Agenda Page 4 of 5 November 28, 2018 Public Packet 5 of 135 C. AUDIT COMMITTEE 1. D. E. XIII. Accept the Audit Committee FY-2018 4th quarter report Sponsor: David P. Jordan, Councilman UNFINISHED BUSINESS 1. File # ED18-028 – Determine next steps Sponsor: Ernie Stevens III, Councilman 2. File # ED18-029 - Accept update (3:00 p.m.) Sponsor: Troy Parr, Division Director/Community & Economic Development NEW BUSINESS 1. Approve forty-nine (49) new enrollments Sponsor: Bobbi Webster, Chair/Oneida Trust Enrollment Committee 2. Approve draft memorandum regarding Tribal Action Plan Office Sponsor: Daniel Guzman King, Councilman 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 November 28, 2018 Public Packet 6 of 135 Oneida Business Committee Agenda Request Oneida Nation Arts Board - Melis Arik 1. Meeting Date Requested: 11 / 28 / 18 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Oaths of Office Accept as Information only Action - please describe: Administer Oath of Office to Melis Arik for the Oneida Nation Arts Board 3. Supporting Materials Report Resolution Contract Other: 1. 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded 5. Submission Authorized Sponsor / Liaison: Kirby Metoxen, Councilmember Primary Requestor/Submitter: Brooke Doxtator, BCC Supervisor Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Unbudgeted Public Packet 7 of 135 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: On November 14, 2018 the Oneida Business Committee appointed Melis Arik to the Oneida Nation Arts Board 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 of 2 Public Packet 8 of 135 Oneida Business Committee Agenda Request Approve the November 14, 2018, regular Business Committee meeting minutes 1. Meeting Date Requested: 11 / 28 / 18 2. General Information: Session: Open Agenda Header: Executive - See instructions for the applicable laws, then choose one: Minutes Accept as Information only Action - please describe: Approve the November 14, 2018, regular Business Committee meeting minutes 3. Supporting Materials Report Resolution Contract Other: 1. 11/14/18 regular BC meeting minutes DRAFT 3. 2. 4. Business Committee signature required 4. Budget Information Budgeted - Tribal Contribution Budgeted - Grant Funded Unbudgeted 5. Submission Authorized Sponsor / Liaison: Business Committee Support Office on behalf of Lisa Summers, Secretary Primary Requestor/Submitter: Submitted by: Lisa Liggins, Info. Mgmt. Spec./BC Support Office Your Name, Title / Dept. or Tribal Member Additional Requestor: Name, Title / Dept. Additional Requestor: Name, Title / Dept. Page 1 of 2 Public Packet 9 of 135 DRAFT Oneida Business Committee Executive Session 8:30 AM Tuesday, November 13, 2018 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 8:30 AM Wednesday, November 14, 2018 BC Conference Room, 2nd floor, Norbert Hill Center Minutes EXECUTIVE SESSION Present: Chairman Tehassi Hill, Treasurer Trish King, Councilmembers: David Jordan, Ernest Stevens III, Jennifer Webster; Not Present: Secretary Lisa Summers, Councilmembers: Daniel Guzman King, Kirby Metoxen; Arrived at: Vice-Chairman Brandon Stevens at 9:40 a.m.; Others present: Jo Anne House, Larry Barton, Lisa Liggins, Justin Fox, William Cornelius, Tana Aguirre, Melinda J. Danforth, Fawn Rasmussen, Krystal John, Louise Cornelius, Bobbi Webster, Tamara Vanschyndel, Mark A. Powless, Matthew W. Denny, Candice Skenandore, Dana McLester, Geraldine Danforth, Dan Habeck, Michele Doxtator; REGULAR MEETING Present: Vice-Chairman Brandon Stevens, Treasurer Trish King, Council members: David Jordan, Kirby Metoxen, Ernest Stevens III, Jennifer Webster; Not Present: Chairman Tehassi Hill, Secretary Lisa Summers, Councilman Daniel Guzman King; Arrived at: n/a Others present: Jo Anne House, Larry Barton, Ralinda Ninham-Lamberies, Lisa Liggins, Richard Summers III, John Breuninger, Marsha Danforth, April Skenandore, Paul Witek, Nicole Rommel, Dana McLester, Geraldine Danforth, Matt J. Denny, Tracey Cordova, Nicolas Reynolds, Michele Doxtator, Bonnie Pigman; I. CALL TO ORDER Meeting called to order by Vice-Chairman Brandon Stevens at 8:30 a.m. For the record: Chairman Tehassi Hill is attending the Great Lakes Inter-Tribal Council Board Meeting in Baraboo, WI. Secretary Lisa Summers is on medical leave. Councilman Daniel Guzman King is on approved travel attending the EPA Region 5 Tribal Operating Committee meeting in Welch, MN. Treasurer Trish King is excused in the afternoon. II. OPENING Opening provided by Richard Summers III, Senior at Onieda Nation High School. Oneida Business Committee Regular Meeting Minutes Page 1 of 13 November 14, 2018 Public Packet 10 of 135 DRAFT III. ADOPT THE AGENDA (00:04:23) Motion by Trish King to adopt the agenda with one addition [item XIII.C.11. Approve the letter opposing the nomination of Eric Miller to serve on the U.S. Court of Appeals for the Ninth Circuit and authorize the Chairman to sign], seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers IV. OATH OF OFFICE (00:05:19) Oath of office adminstered by Councilwoman Jennifer Webster. A. V. Oneida Nation Veterans Affairs Committee - John Breuninger Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary MINUTES A. Approve the October 24, 2018, regular Business Committee meeting minutes (00:07:31) Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary Motion by Jennifer Webster to approve the October 24, 2018, regular Business Committee meeting minutes, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers VI. RESOLUTIONS A. Adopt resolution entitled CY 2019 County Tribal Law Enforcement Grant Outagamie County (00:08:00) Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary Motion by Jennifer Webster to adopt resolution 11-14-18-A CY 2019 County Tribal Law Enforcement Grant - Outagamie County, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers B. Adopt resolution entitled CY 2019 County Tribal Law Enforcement - Brown County (00:09:00) Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary Motion by David P. Jordan to adopt resolution 11-14-18-B CY 2019 County Tribal Law Enforcement Brown County, seconded by Trish King. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers Oneida Business Committee Regular Meeting Minutes Page 2 of 13 November 14, 2018 Public Packet 11 of 135 DRAFT VII. APPOINTMENTS A. Determine next steps regarding one (1) vacancy - Oneida Nation Arts Board (00:09:40) Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary Motion by Ernie Stevens III to appoint Melis Arik to the Oneida Nation Arts Board, seconded by Trish King. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers VIII. STANDING COMMITTEES A. FINANCE COMMITTEE 1. Approve the November 5, 2018, regular Finance Committee meeting minutes (00:10:15) Sponsor: Trish King, Treasurer Motion by David P. Jordan to approve the November 5, 2018, regular Finance Committee meeting minutes, seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers B. LEGISLATIVE OPERATING COMMITTEE 1. Accept the October 17, 2018, Legislative Operating Committee meeting minutes (00:10:42) Sponsor: David P. Jordan, Councilman Motion by Kirby Metoxen to accept the October 17, 2018, Legislative Operating Committee meeting minutes, seconded by Trish King. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Brandon Stevens, Daniel Guzman King, Lisa Summers IX. TRAVEL REPORTS A. Approve travel report - Councilman Daniel Guzman King - Region 5 DHHS Tribal Consolation - Hinkley, MN - May 1-3, 2018 (00:11:08) Sponsor: Daniel Guzman King, Councilman Motion by Jennifer Webster to approve the travel report from Councilman Daniel Guzman King for the Region 5 DHHS Tribal Consolation in Hinkley, MN - May 1-3, 2018, seconded by Ernie Stevens III. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers Oneida Business Committee Regular Meeting Minutes Page 3 of 13 November 14, 2018 Public Packet 12 of 135 DRAFT X. NEW BUSINESS A. Approve the Capital Improvement Process (CIP) concept paper Yukyunhiyostakhwáhake - CIP # 18-005 (00:11:38) Sponsor: Troy Parr, Division Director/Community & Economic Development Motion by Jennifer Webster to approve the Capital Improvement Process (CIP) concept paper Yukyunhiyostakhwáhake - CIP # 18-005, noting a request to add of Great Lakes Inter-Tribal Council, Inc. on the external partnerships, seconded by Ernie Stevens III. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers B. Approve the Oneida Business Committee Standard Operating Procedure (SOP) entitled Banned or Restricted Access to Norbert Hill Center (00:18:52) Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary Motion by Ernie Stevens III to approve the Oneida Business Committee Standard Operating Procedure (SOP) entitled Banned or Restricted Access to Norbert Hill Center, seconded by Trish King. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers C. Schedule a special Oneida Business Committee meeting on December 14, 2018 at 9:00 a.m. (00:22:09) Sponsor: David P. Jordan, Councilman & Business Committee Support Office on behalf of Lisa Summers, Secretary Motion by Jennifer Webster to schedule a special Oneida Business Committee meeting on December 14, 2018 at 9:00 a.m., seconded by Trish King. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers D. Take appropriate actions related to the 2018 Gaming Facilities Licenses and the 2018 Public Health & Safety Inspections (00:22:55) Sponsor: Troy Parr, Division Director/Community & Economic Development Motion by David P. Jordan to grant the gaming facility license to: Main Casino, Mason Street Casino, Irene Moore Activity Center, Packerland One Stop, and the Travel Center; and to accept the inspection reports and direct that the reports be forwarded to the Lottery Board in accordance with Article XIV of the Tribe/State Gaming Compact, seconded by Trish King. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers Agenda item XII.A. addressed next. Oneida Business Committee Regular Meeting Minutes Page 4 of 13 November 14, 2018 Public Packet 13 of 135 DRAFT XI. REPORTS Motion by David P. Jordan to recess at 10:27 a.m. until 1:30 p.m., seconded by Trish King. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers Meeting called to order by Vice-Chairman Brandon Stevens at 1:33 p.m. Roll call for the record: Present: Vice-Chairman Brandon Stevens; Councilman David P. Jordan; Councilman Kirby Metoxen; Councilman Ernie Stevens III; Councilwoman Jennifer Webster; Not Present: Chairman Tehassi Hill; Councilman Daniel Guzman King; Treasurer Trish King; Secretary Lisa Summers; A. OPERATIONAL 1. Accept the Environmental, Health, Safety & Land Division FY-2018 4th quarter report (01:57:30) Sponsor: Patrick Pelky, Division Director/Environmental, Health, Safety & Land Motion by David P. Jordan to accept the Environmental, Health, Safety & Land Division FY-2018 4th quarter report, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Trish King, Lisa Summers 2. Accept the Comprehensive Housing Division FY-2018 4th quarter report (02:04:03) Sponsor: Dana McLester, Division Director/Comprehensive Housing Motion by David P. Jordan to accept the Comprehensive Housing Division FY-2018 4th quarter report, seconded by Kirby Metoxen. Motion carried: Ayes: David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Trish King, Lisa Summers 3. Accept the Human Resources Department FY-2018 4th quarter report (02:07:57) Sponsor: Geraldine Danforth, Area Manager/Human Resources Motion by Jennifer Webster to accept the Human Resources Department FY-2018 4th quarter report, seconded by Ernie Stevens III. Motion carried: Ayes: David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Trish King, Lisa Summers Motion by David P. Jordan to direct the Human Resources Area Manager to develop a procedure that will better align the supervisor to employee ratio, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Trish King, Lisa Summers Oneida Business Committee Regular Meeting Minutes Page 5 of 13 November 14, 2018 Public Packet 14 of 135 DRAFT 4. Accept the Oneida Retail Enterprise FY-2018 4th quarter report (02:23:52) Sponsor: Michele Doxtator, Area Manager/Retail Profits Motion by Jennifer Webster to accept the Oneida Retail Enterprise FY-2018 4th quarter report, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Trish King, Lisa Summers Motion by Ernie Stevens III to go into executive session at 2:19 p.m., seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Trish King, Lisa Summers Motion by Ernie Stevens III to come out of executive session at 2:26 p.m., seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Trish King, Lisa Summers Agenda item XIV. addressed next. XII. GENERAL TRIBAL COUNCIL A. PETITIONER CATHY L. METOXEN - ONEIDA YOUTH LEADERSHIP INSTITUTE 1. Accept the financial impact statement (00:26:28) Sponsor: Larry Barton, Chief Financial Officer Motion by Jennifer Webster to accept the financial impact statement, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers B. PETITIONER GLADYS DALLAS - SPECIAL PER CAPITA PAYMENT(S) AND/OR OPTIONS 1. Accept the request to withdraw petition (00:27:03) Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary Motion by Trish King to accept the request to withdraw the petition, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers Oneida Business Committee Regular Meeting Minutes Page 6 of 13 November 14, 2018 Public Packet 15 of 135 DRAFT C. PETITIONER GINA D. POWLESS - RESCINDING THE REMOVAL LAW 1. Approve four (4) actions (00:27:40) Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary Motion by Trish King to acknowledge receipt of the petition from Gina D. Powless regarding Rescinding the Removal law, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers Motion by David P. Jordan to assign the petition to a GTC meeting agenda to be tentatively held on February 24, 2019, at 10:00 a.m., seconded by Jennifer Webster. Motion carried: Ayes: Brandon Stevens, David P. Jordan, Jennifer Webster Opposed: Kirby Metoxen, Ernie Stevens III Abstained: Trish King Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers Councilwoman Jennifer Webster stated I will be out of town that weekend [of the tentatively scheduled February 24, 2018, special GTC meeting]; and that this [February 24, 2019] is also a Sunday and we have been requested by community members not to have GTC's on Sunday morning. Councilman Ernie Stevens III stated I oppose it simply because of an existing scheduled date. I think it's very, it sets the wrong precedence when we just, I know it's tentative, but we get into those cycles of scheduling tentative dates, those dates tend to stick. We're behind on a lot of agenda items. We have a process that's failing our community as far as how we're scheduling our GTC meetings. I think we have to be less frivolous up here to allow that to, that good governance to take place and that's why I oppose it. By scheduling a meeting just because they're available doesn't mean we should schedule it. We need to put them on an existing agenda, fill meetings that are already scheduled because there is room, and then complete those agenda items to do our job. Motion by David P. Jordan to direct the OBC Direct Report Offices to complete and submit their administrative impact statements of the petition to the Secretary by Friday, November 30, 2018, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers Motion by Trish King to direct the Law, Finance, and Legislative Reference Offices to complete and submit the legal review, fiscal impact statement, and statement of effect, respectively, for a special Business Committee meeting to be scheduled by the Secretary between January 2, 2019, and January 18, 2019, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers Oneida Business Committee Regular Meeting Minutes Page 7 of 13 November 14, 2018 Public Packet 16 of 135 DRAFT D. PETITIONER SCOTT KOSBAB - CREATING A TERM LIMITS LAW 1. Approve four (4) actions (00:41:45) Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary Motion by David P. Jordan to acknowledge receipt of the petition from Scott Kosbab regarding Creating a Term Limits law, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers Motion by Jennifer Webster to assign the petition to a GTC meeting agenda to be tentatively held on February 24, 2019 at 10:00 a.m., seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Jennifer Webster Opposed: Ernie Stevens III Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers Motion by Jennifer Webster to direct the OBC Direct Report Offices to complete and submit their administrative impact statements of the petition to the Secretary by Friday, November 30, 2018, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers Motion by David P. Jordan to direct the Law, Finance, and Legislative Reference Offices to complete and submit the legal review, fiscal impact statement, and statement of effect, respectively, for a special Business Committee meeting to be scheduled by the Secretary between January 2, 2019, and January 18, 2019, seconded by Trish King. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers E. Approve the notice and the materials for the December 17, 2018, tentatively scheduled GTC meeting (00:45:00) Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary Motion by Jennifer Webster to rescind the October 24, 2018, motion1 which scheduled a tentative special General Tribal Council meeting on December 17, 2018, seconded by Ernie Stevens III. Motion carried: Ayes: David P. Jordan, Trish King, Ernie Stevens III, Jennifer Webster Opposed: Kirby Metoxen Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers Motion by Jennifer Webster to assign two topics, Per Capita Discussion and GTC Confidentiality, to the agenda for the tentatively scheduled February 24, 2019, special General Tribal Council meeting, seconded by Trish King. Motion carried: Ayes: David P. Jordan, Trish King, Ernie Stevens III, Jennifer Webster Opposed: Kirby Metoxen Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers 1 At the October 24, 2018, regular Business Committee meeting the following motion was made under item XIV.A.6, “Motion by David P. Jordan to schedule a tentative special General Tribal Council meeting on December 17, 2018, at 6:00 p.m. with two topics on the agenda: Per Capita Discussion and GTC Confidentiality, seconded by Kirby Metoxen. Motion carried.”. Oneida Business Committee Regular Meeting Minutes Page 8 of 13 November 14, 2018 Public Packet 17 of 135 DRAFT XIII. EXECUTIVE SESSION A. REPORTS 1. Accept the Division of Public Works FY-2018 4th quarter executive report (01:46:49) Sponsor: Jacque Boyle, Division Director/Public Works Motion by Jennifer Webster to defer the Division of Public Works FY-2018 4th quarter executive report to the November 28, 2018, regular Business Committee meeting, seconded by Ernie Stevens III. Motion carried: Ayes: David P. Jordan, Trish King, Ernie Stevens III, Jennifer Webster Opposed: Kirby Metoxen Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers 2. Accept the Comprehensive Housing Division FY-2018 4th quarter executive report (01:48:18) Sponsor: Dana McLester, Division Director/Comprehensive Housing Motion by Ernie Stevens III to accept the Comprehensive Housing Division FY-2018 4th quarter executive report, seconded by Trish King. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers 3. Accept the Human Resources Department FY-2018 4th quarter executive report (01:48:39) Sponsor: Geraldine Danforth, Area Manager/Human Resources Motion by David P. Jordan to accept the Human Resources Department FY-2018 4th quarter executive report, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers 4. Accept the Oneida Retail Enterprise FY-2018 4th quarter executive report (01:49:20) Sponsor: Michele Doxtator, Area Manager/Retail Profits Motion by Jennifer Webster to accept the Oneida Retail Enterprise FY-2018 4th quarter executive report, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers Oneida Business Committee Regular Meeting Minutes Page 9 of 13 November 14, 2018 Public Packet 18 of 135 DRAFT 5. File # ED18-029 - Accept the update and approve the recommendation (01:49:41) Sponsor: Tehassi Hill, Chairman Motion by David P. Jordan to accept the update regarding File # ED18-029 and approve the recommendation in the memorandum dated November 6, 2018, seconded by Trish King. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers 6. Accept the Chief Counsel report (01:50:05) Sponsor: Jo Anne House, Chief Counsel Motion by David P. Jordan to accept the Chief Counsel report dated November 8, 2018, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers B. UNFINISHED BUSINESS 1. File # ED18-005 - Approve roll out plan (01:50:30) Sponsor: Troy Parr, Division Director/Community & Economic Development Motion by David P. Jordan to appoint the roll out plan regarding file # ED18-005 included in the memorandum dated November 6, 2018, seconded by Trish King. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers C. NEW BUSINESS 1. Review Thornberry Creek at Oneida's operational position and determine next steps regarding the revolving credit agreement amendment request (01:50:53) Sponsor: Josh Doxtator, COO/Oneida Golf Enterprise Corporation Motion by David P. Jordan to approve the operational loan amendment request and to authorize the Chairman to sign the loan amendment documents when they are prepared, seconded by Ernie Stevens III. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers 2. Discuss planning and next steps related to area under to DR16 (01:51:31) Sponsor: Brandon Stevens, Vice-Chairman Motion by Jennifer Webster to approve the requested action listed in the memorandum dated November 13, 2018, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers Oneida Business Committee Regular Meeting Minutes Page 10 of 13 November 14, 2018 Public Packet 19 of 135 DRAFT 3. Review applications - Oneida Nation Arts Board (01:51:51) Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary Motion by David P. Jordan to accept the discussion regarding the application for the Oneida Nation Arts Board vacancy, as information, seconded by Trish King. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers 4. Approve US Department of Interior Multi-year funding agreement amendment #4 - file # 2018-1388 (01:52:11) Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary Motion by Trish King to approve the US Department of Interior Multi-year funding agreement amendment #4 - file # 2018-1388 and authorize the Chairman to sign, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers 5. Approve provisions Subordination (5), Application of Insurance Proceeds and Participation in Adjustment (7), Governing Law (19), and Limited Waiver of Sovereign Immunity (21) of the Consent, Non-Disturbance and Attornment Agreement - file # 2018-1215 (01:52:39) Sponsor: Robert Barton, President/Oneida Airport Hotel Corporation Motion by Jennifer Webster to approve a limited waiver of sovereign immunity for the Consent, NonDisturbance and Attornment Agreement - file # 2018-1215, seconded by Trish King. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers 6. Assign a sub-team to complete 45-day follow-up with DR04 (01:53:08) Sponsor: Brandon Stevens, Vice-Chairman Motion by Jennifer Webster to assign a sub-team consisting of Vice-Chairman Brandon Stevens and Councilman David P. Jordan to complete 45-day follow-up with DR04, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers 7. Assign a sub-team to negotiate employment contract for DR14 (01:53:34) Sponsor: Brandon Stevens, Vice-Chairman Motion by Trish King to assign a sub-team consisting of Vice-Chairman Brandon Stevens, Councilwoman Jennifer Webster, and Councilman Daniel Guzman King to negotiate employment contract for DR14, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers Oneida Business Committee Regular Meeting Minutes Page 11 of 13 November 14, 2018 Public Packet 20 of 135 DRAFT 8. Determine next steps regarding DR17 (01:54:02) Sponsor: Tehassi Hill, Chairman Motion by David P. Jordan to defer the posting of DR17 until hiring of DR19 is finalized, seconded by Jennifer Webster. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers 9. Approve two (2) actions regarding DR19 (01:54:22) Sponsor: Tehassi Hill, Chairman Motion by Ernie Stevens III to approve the job description for DR19 with the inclusion that this is a contracted position and approve the Request to Post form, seconded by Trish King. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers 10. Review expectations for DR02, DR06, and DR13 (01:55:06) Sponsor: Jennifer Webster, Councilwoman Motion by Trish King to approve the amended expectations for DR02, DR06, and DR13, seconded by David P. Jordan. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers 11. Approve the letter opposing the nomination of Eric Miller to serve on the U.S. Court of Appeals for the Ninth Circuit and authorize the Chairman to sign (01:55:38) Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs Motion by Trish King to approve the letter opposing the nomination of Eric Miller to serve on the U.S. Court of Appeals for the Ninth Circuit and authorize the Chairman to sign, seconded by Ernie Stevens III. Motion carried: Ayes: David P. Jordan, Trish King, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Lisa Summers Agenda item XI.A.1. addressed next. Oneida Business Committee Regular Meeting Minutes Page 12 of 13 November 14, 2018 Public Packet 21 of 135 DRAFT XIV. ADJOURN (02:43:35) Motion by David P. Jordan to adjourn at 2:26 p.m., seconded by Kirby Metoxen. Motion carried: Ayes: Brandon Stevens, David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster Not Present: Tehassi Hill, Daniel Guzman King, Trish King, Lisa Summers Minutes prepared by Lisa Liggins, Information Management Specialist Minutes approved as presented on . ____________________________________________ Lisa Summers, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes Page 13 of 13 November 14, 2018 Public Packet Adopt resolution entitled Oneida Nation Wildland Fire Management Plan 22 of 135 Public Packet 23 of 135 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 # __________ Oneida Nation Wildland Fire Management Plan 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 Environmental, Health, Safety, and Land Division protects and improves the natural and built environments to enhance quality of life for the Oneida Community; and WHEREAS, Oneida Nation’s Emergency Management Department is responsible for planning and coordinating the response to a disaster or emergency that occurs within the Boundaries of the Reservation, including the implementation of the Emergency Response Plan and NIMS, as delegated by the Oneida Nation Emergency Management and Homeland Security law; and WHEREAS, The Oneida Nation 2011 Integrated Resource Management Plan (a/k/a “Live, Sustain, Grow Plan”) identifies goals and objectives related to the management of Forest, Wetlands, and other Natural Resource Communities; and WHEREAS, The Bureau of Indian Affairs (BIA) has responsibilities in relation to lands held in trust for the Oneida Nation, including a responsibility to have an approved Fire Management Plan in place for such trust lands; and WHEREAS, Wildfires have a significant influence and impact on the natural and human environment. Unchecked wildfires pose a threat to life and property. Additionally, over the past 150 years, natural wildfire has been excluded and traditional wildfire use has been limited resulting in changes to natural plant communities; WHEREAS, The Oneida Nation Wildland Fire Management Plan is intended as a guide to both suppress unwanted wildfire and to allow for the reintroduction of wildfire under controlled conditions; WHEREAS, The Oneida Nation Wildland Fire Management Plan has been developed to identify, integrate and implement the National Fire Policy and provide fire management direction for the Environmental, Health, Safety and Land Division and Oneida Nation Emergency Management Department; and WHEREAS, The Oneida Nation Wildland Fire Management Plan provides the framework for pre-fire suppression actions, fire prevention measures, and fuel modification treatment on tribal Public Packet 24 of 135 BC Resolution # __________ Oneida Nation Wildland Fire Management Plan Page 2 of 2 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 lands. This framework is necessary to protect life and property, cultural resources, wildlife and fisheries, soil stability, and local socio-economic conditions; and WHEREAS, The adoption of the Oneida Nation Wildland Fire Management Plan allows the Environmental, Health, Safety and Land Division to implement prescribed fire as a tool for natural resource management in accordance with that plan, as well as the policy and guidance established by the Bureau of Indian Affairs. NOW THEREFORE BE IT RESOLVED, the Oneida Nation Wildland Fire Management Plan is hereby approved and a copy of the signed document will be provided by the Bureau of Indian Affairs for approval and execution; NOW THEREFORE BE IT FURTHER RESOLVED, the Environmental, Health, Safety and Land Division and Oneida Nation Emergency Management Department may implement the Oneida Nation Wildland Fire Management Plan in order to use prescribed fire as a restoration tool for natural resource management. Public Packet 25 of 135 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Oneida Nation Wildland Fire Management Plan Summary The resolution approves the Oneida Nation Wildland Fire Management Plan, and provides the Environmental, Health, Safety and Land Division and the Emergency Management Department the authority to implement the plan to use prescribed fire as a restoration tool for natural resource management. Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office Date: November 20, 2018 Analysis by the Legislative Reference Office The Nation’s 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. [3 O.C. 302.1-1]. The Emergency Management Department is delegated the responsibility for planning and coordinating the response to a disaster or emergency that occurs within the boundaries of the Reservation. [3 O.C. 302.4-1]. The Director of the Emergency Management Department is specifically delegated the authority to facilitate coordination and cooperation between entities and resolve questions that may arise among them. [3 O.C. 302.42(c)]. This resolution sets forth an Oneida Nation Wildland Fire Management Plan which will provide fire management direction to the Environmental, Health, Safety and Land Division and the Emergency Management Department by serving as a guide to both suppress unwanted emergency wildfire, and to allow for the reintroduction of wildfire under controlled conditions. Additionally, the Bureau of Indian Affairs has responsibilities in relation to lands held in trust for the Oneida Nation, including a responsibility to have an approved Fire Management Plan in place for such trust lands. This resolution approves the Oneida Nation Wildland Fire Management Plan and provides that a copy of the signed document will be provided by the Bureau of Indian Affairs for approval and execution. This resolution also delegates the authority to the Environmental, Health, Safety and Land Division and the Emergency Management Department to implement the Oneida Nation Wildland Fire Management Plan in order to use prescribed fire as a restoration tool for natural resource management. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 1 of 1 Public Packet 26 of 135 Public Packet 27 of 135 WILDLAND FIRE MANAGEMENT PLAN FOR THE ONEIDA NATION 2018 Public Packet 28 of 135 Signature Page Prepared by: __________ Midwest Region Prevention Specialist Digitally signed by DAVID PERGOLSKI Date: 2018.09.18 08:34:37 -05'00' Great Lakes Agency Fire Manager Date __________ Date Recommended Approval: Great Lakes Agency Forester ____________ Date Oneida Nation EHSL Division Director ____________ Date Oneida Nation Chairperson ____________ Date Oneida Nation Emergency Management Director ____________ Date _____________ Regional Fire Management Officer Date _____________ Great Lakes Agency Superintendent Date Approved by: _____________ Midwest Regional Director Date Federal wildland fire policy requires that every area with burnable vegetation must have a fire management plan (FMP). Fires in areas without approved FMPs must be suppressed. This Plan addresses and builds on many Goals and Objectives identified in the Oneida Reservation Comprehensive Plan. -2- Public Packet 29 of 135 Table of Contents 1 Introduction....................................................................................................................................5 1.1 Purpose for Developing a Wildland Fire Management Plan .....................................................5 1.2 General Description of the Oneida Nation Reservation ............................................................6 2 Policy, Partnerships, and Management Goals/Objectives ........................................................ 6 2.1 National Fire Policy ...................................................................................................................6 2.1.1 National, Department, and Bureau Fire and NEPA Policy....................................................... 2.1.2 Oneida Nation Land Management Direction and NEPA Policy 7 2.2 Wildland Fire Interagency Partnerships/Agreements for Coordination and Cooperation ........7 2.2.1 Local Fire Management Partnerships ....................................................................................7 2.3 Oneida Nation Fire Management Program Goals/Objectives ...................................................7 2.3.1 Oneida Nation Fire Management Standards and Guidelines......................................8 3 Fire Management Unit Characteristics .......................................................................................8 3.1 FMU Unit All.............................................................................................................................8 3.2 FMU Safety Considerations.....................................................................................................10 4 Wildland Fire Operational Guidance ............................................................................................ 4.1 Management of Unplanned Ignitions.......................................................................................10 4.2 Preparedness ............................................................................................................................10 4.3 Incident Management...............................................................................................................11 4.3.1Policy .........................................................................................................................11 4.3.2 Safety .................................................................................................................................. 11 4.3.3 Response to Wildland Fire.................................................................................................... 11 4.4 Emergency Stabilization and Burned Area Rehabilitation ......................................................11 4.4.1 Fire Suppression Activity Damage ...........................................................................12 4.4.2 Emergency Stabilization (ES)...................................................................................12 4.4.3 Burned Area Rehabilitation (BAR) ..........................................................................12 4.5 Air Quality ...............................................................................................................................12 4.6 Severity and Support Action....................................................................................................13 4.7 Responsibilities ........................................................................................................................13 4.8 Management of Planned Fuels Treatments..............................................................................14 4.8.1 Policy and Guidance .................................................................................................14 4.8.2 Fuels Management Plan............................................................................................14 4.8.3 Prescribed Fire Management ...................................................................................14 4.8.4 Mechanical Projects ..................................................................................................14 4.9 Prevention and Education ........................................................................................................15 5 Monitoring and Evaluation.........................................................................................................15 5.1 Oneida Nation WFMP Monitoring ..........................................................................................15 5.2 Reporting and Documentation Requirements..........................................................................16 -3- Public Packet IV 30 of 135 Appendixes Appendix A – Acronyms and Glossary .........................................................................................17 Appendix B – References Cited.....................................................................................................22 Appendix C – Fire Policy ..............................................................................................................24 Appendix D – Ownership Map ......................................................................................................31 Appendix E – Landuse Map ..........................................................................................................32 Appendix F – Critical Facilities Map.............................................................................................33 -4- Public Packet 31 of 135 1. Introduction 1.1 Purpose for Developing a Wildland Fire Management Plan The Oneida Nation Wildland Fire Management Plan (WFMP) has been developed to identify, integrate and implement The National Fire policy and provide fire management direction for the Tribal Council and Tribal resource specialists. Wildfires have a significant influence and impact on the natural and human environment. Unchecked wildland fires pose a threat to life and property. Over the past 150 years natural wildland fire has been excluded and traditional wildland fire use has been limited resulting in changes to natural plant communities. This Wildland Fire Management Plan is intended as a guide both to suppress unwanted wildfire and to allow for the reintroduction of wildfire under controlled conditions, to meet management goals. This WFMP outlines goals and objectives for suppressing wildfire on tribal lands. The potential role of wildfire as a management tool is addressed, and approved management options are outlined. This Plan, once approved, also enables the Tribe to apply for federal funding for implementation of Wildfire and Fuels management treatments. The WFMP is a strategic document that contains operational direction designed to guide a full range of fire management activities on a unit or area supported by existing land management plans. The WFMP normally is a supplement of a Forest or Land/Resource Management Plan, remaining in force for a predetermined period or until conditions change on the ground, in the Land/Resource Management Plan, or in strategic direction or policy. Changes in operations or procedures can be updated as often as necessary (annually for example) on the maps or in supplemental plans without requiring revision of the WFMP. The Oneida Nation Fire Management Plan provides the framework for pre-fire suppression actions, fire prevention measures, and fuel modification treatment on tribal lands. This framework is needed to protect life and property, while also identifying, protecting, and enhancing other related values such as water and air quality, cultural resources, wildlife and fisheries, soil stability, and local socio-economic conditions. The Oneida Nation 2011 Integrated Resource Management Plan (AKA Live Sustain Grow Plan) identifies goals and objectives related to management of Forest, Wetlands, and other Natural Resource Communities. “The Live Sustain Grow plan provides the blueprint for managing existing natural resources and will assist in coordinating a responsive system of land management decisions as new acres are acquired. With eleven different governments on the Reservation, lands under various legal definitions, and a mix of Tribal and non-tribal members living and working in both rural and urban settings, strategic management planning based on community guidance is essential.” (Oneida Nation Live Sustain Grow Plan 2011) With ownership over 23,030 acres and growing, the Oneida Nation’s expanded sovereignty is tied more than ever to the protection and management of natural resources. Oneida Mission Statement: The mission of the Oneida is to sustain a strong Oneida Nation by preserving our heritage through the Seventh Generation. The Oneida family will be strengthened through the values of our Oneida identity by providing housing, promoting education, protecting the land, and preserving the environment. Our Oneida Nation provides for the quality of life where the people come together for the common good. -5- Public Packet 32 of 135 Mission Statement of the Bureau of Indian Affairs: “To enhance the quality of life, to promote economic opportunity, and to carry out the responsibilities to improve and protect the trust assets of American Indians, American Indian Tribes, and Alaska Natives. We will accomplish this through the delivery of quality services and maintaining government to government relationships within the spirit of self-determination”. 1.2 General Description of the Oneida Nation Reservation The roughly 8 x 12 miles Oneida Indian Reservation lies just west of Green Bay in parts of Brown and Outagamie Counties in the State of Wisconsin. The Oneida Reservation has 13,306 acres of Trust land of which 4,123 are commercial forest. The Oneida IRMP and Comprehensive Plan have more detailed information on the Oneida Nation Land. See Ownership and Landuse Maps 2. Policy, Partnerships, and Management Goals/Objectives 2.1 Fire Policy – Appendix C 2.1.1 National, Departmental, and Bureau Fire and NEPA Policy References which identify current fire management policy, authority, and management direction for the Oneida Nation can be found in the following: ƒ Department of Interior Wildland Fire Management Policy is cited in the Department Manual, Part 620, Chapter 1. ƒ Policy and responsibility for the BIA Wildland Fire Management program is documented in the Indian Affairs Manual (IAM), Part 90, Chapter 1. ƒ Review and Update of the 1995 Federal Wildland Fire Management Policy and Program Review, January 2001. ƒ Guidance for Implementation of Federal Wildland Fire Management Policy, February, 2009. ƒ Bureau of Indian Affairs Wildland Fire and Aviation Program Management and Operational Guide (Blue Book) 2011 ƒ National Interagency Mobilization Guide ƒ Wildland Fire Qualifications System Guide (PMS 310-1) ƒ Interagency Prescribed Fire Planning and Implementation Procedures Reference Guide The “Guidance for Implementation of Federal Wildland Fire Management Policy” (February 2009), replaces the “Interagency Strategy for the Implementation of Federal Wildland Fire Management Policy” (June 20, 2003). This updated guidance consolidates and clarifies changes that have occurred since the 2003 strategy document was issued and provides revised direction for consistent implementation of the “Review and Update of the 1995 Federal Wildland Fire Management Policy” (January 2001). Please see the following sections in Appendix C “Guiding Principles, Implementation of Federal Fire Management Policy, and Departmental Policy (from Departmental Manual Part 620), and Bureau Policy (from Indian Affairs Manual (IAM), Part 90, Chapter 1), and NEPA Compliance/Requirements”. -6- Public Packet 33 of 135 2.1.2 Oneida Nation Land Management Plans Oneida Reservation Comprehensive Plan 2005-2025 2011 Oneida Nation Integrated Resource Management Plan (AKA Live Sustain Grow Plan) 2005-2025 Oneida Reservation Comprehensive Plan 2010 Oneida Tribe of Indians of Wisconsin Emergency Response Plan Additional plans may also be utilized in addition to this document describing specific implementation procedures and may also be appendices of this document including: Fuels Management Plan, Prevention Plan, Budget Plan, Fire Planning Analysis, Emergency Rental Agreement, All Risk Operations, etc. Compliance with NEPA has been satisfied through Categorical Exclusion for the Oneida Nation- WFMP. This requirement ensures a prudent assessment and balance between a federal action and any potential effects of that action, leading to consensus between fire managers, agency and tribal resource specialists, tribal officials and community members. 2.2 Wildland Fire Interagency Partnerships/Agreements for Coordination and Cooperation Interagency cooperation is vital in attaining Wildland Fire Management objectives. The ability of a single agency to implement a WFM program is limited without coordination and assistance from other organizations. 2.2.1 2.3 Local Fire Management Partnerships ƒ Bureau of Indian Affairs, Great Lakes Agency, Fire Management ƒ Oneida Conservation Department ƒ Oneida Emergency Management Department ƒ Village of Hobart Fire Department ƒ Town of Oneida Fire Department ƒ Fox Valley Community College- Wildland Fire Management Program Oneida Nation Fire Management Program Goals/Objectives The following goals/objectives for the Oneida Nation fire management program is compiled through discussions with Tribal and Bureau staff, various policy directives, and personal observations of program needs: ƒ ƒ ƒ Plan and implement fire management actions that provide for fire fighter and public safety from wildland fires Protect assets: structures, infrastructure, and identified values at risk from wildfire Implement fire management techniques to restore reservation lands to a condition that can support natural fire regimes, thereby helping to protect resources from catastrophic wildland fires -7- Public Packet ƒ ƒ ƒ ƒ 34 of 135 Annually evaluate and ensure compliance with Federal Wildland Fire Policy, and National Wildland Coordinating Group (NWCG) standards Provide employment opportunities. Hire, develop, and train Tribal staff to carry out the wildland fire and fuels treatment programs Utilize the Wildland Fire Decision Support System (WFDSS) to document strategic planning, risk assessment, and decision rationale for managing wildland fires on the reservation that escape initial attack. Support tribal enterprises and tribal preferences during all wildland fire activities on trust land. 2.3.1 Oneida Nation Fire Management Standards and Guidelines In order to comply with direction provided by the National Fire Plan, the following guidance has been developed for wildland fire management and Tribal Trust Lands. ƒ The Bureau and Tribal Council (or delegated representative) is responsible for establishing priorities and coordinating all fire management activities on Tribal Trust Lands. ƒ Wildland fires can be managed for one or more objective(s) based on Land/Resource Management Plan direction. ƒ When two or more wildland fires burn together they will be handled as a single wildland fire. As an event moves across the landscape and fuels and weather conditions change they may be managed for one or more objectives. ƒ Every e xt e n d e d a t t a c k wildland fire will have a risk and complexity assessment completed by the incident commander. ƒ Once a prescribed fire is no longer meeting resource objectives stated specifically in the prescribed fire plan or project level NEPA, it receives the same reassessment and selection of response objectives as any other wildfire event given the location, current conditions (fuels, weather, etc.) and identified management considerations. ƒ When managing a wildland fire, base specific actions on those suitable to meet strategic objectives within the identified requirements, constraints, and guidelines. Typically, actions include a spectrum of tactical options (from monitoring to intensive management actions.) 3. Fire Management Unit Characteristics An FMU is defined as a land management area definable by objectives, management constraints, topographic features, access, values to be protected, political boundaries, fuel types, major fire regime groups, etc., that set it apart from management characteristics of an adjacent FMU. -8- Public Packet 35 of 135 3.1 Fire Management Unit The primary purpose of developing FMUs in fire management planning is to assist in organizing information in complex landscapes. The process of creating FMUs divides the landscape into smaller geographic areas to more easily describe physical, biological, and social characteristics, and depict associated planning guidance based on these characteristics. The information contained in these sections may be used for incident decision support (e.g. Wildland Fire Decision Support System (WFDSS), and incident management. With the relatively low number of wildland fire incidents and overall low complexity wildland fire management situation on the Oneida Reservation a single FMU is utilized for this plan. Full suppression of wildfires will be the primary strategy for all lands. Desired Future Condition: Within the FMU there are a mix of vegetation and development. There is a desire to create a diverse and sustainable landscape that balances the urban development needs, agricultural, and natural community. Natural areas, forested areas, streams and wetlands and restored prairies will be developed and maintained through various resource management strategies. a) Prescribed Fire may be utilized as a resource management tool. Various applications may include, but are not limited to: i. Prairie Restoration ii. Wetland Management iii. Forest Management (Site Preparation, Timber Stand Improvement, conversion, hazard fuel reduction) iv. Maintenance of openings for wildlife v. Hazard Fuel Reduction All Prescribed Fires must have Bureau approved Prescribed Fire Burn Plan that adheres to the Interagency Prescribed Fire Planning and Implementation Guide July 2017 PMS484 b) On limited portions of this FMU, there is the option to manage vegetation composition and structure through individual treatments. The tribe may identify fuels treatments through the approval of individual treatment plans for a number of options including; wildlife openings, prairie restoration and management, various forest management applications, hazard fuel reduction, invasive species mitigation, or other purposes. c) Natural fire use is not an option in the FMU. The natural fire occurrence is too rare and intermixed areas of development are too common to allow for reasonable management of a natural wildfire. b) Within areas of the FMU there is housing and tribal development on trust lands. The tribe may choose to request Bureau fuels funds vegetative management on and around these developments to minimize fuel load and wildfire hazards. Individual projects on trust land will be approved by individual project implementation plans. Non-Trust lands adjacent to trust lands may be considered for treatment using Bureau funds dependent on the risk to trust assets. Individual mechanical implementation plans may be developed by the by the Tribe to mitigate increased wildfire risk due to vegetative succession, natural disturbances (like blowdown events), invasive species, or other influences (climate change.) -9- Public Packet 36 of 135 3.2 FMU Safety Considerations There are numerous hazards associated with fire management on Oneida lands. Infrastructure, including powerlines, gas lines, aviation (Regional Airport), some poisonous plants, and other hazards typical to prescribed and wildfire incidents. See Critical Facilities Map. 4. Wildland Fire Operational Guidance 4.1. Management of Unplanned Ignitions Within the Oneida Nation community boundaries there will be immediate suppression of wildfires in all portions of the FMU. Protecting life, property and public health are the highest priorities. The Tribe and the BIA-Great Lakes Agency do not maintain wildland fire response resources on the reservation. Wildland fire suppression is provided under an agreement with the Wisconsin Department of Natural Resources and Bureau. The Oneida Nation, which is not extensively forested and does not contain the vegetation fuel hazards and risk necessary to warrant Intensive or Extensive fire protection, is designated as a Cooperative Fire Protection Area by the Wisconsin Department of Natural Resources. The Majority of wildfire incidents are handled by the local Fire Departments from primarily the Village of Hobart and Town of Oneida. Details regarding wildland fire resources, mobilization and responsibilities are available in the Wisconsin Department of Natural Resources InterAgency Cooperative Agreement. The use of dozers/tractor plows and or other heavy equipment does have a potential to impact prehistoric burial and cultural sites and should be used with care near these resources. In the event dozers/tractor plows or other heavy equipment is utilized for control lines a tribal resource advisor shall provide input to fire operations personnel regarding acceptable use of heavy equipment in sensitive areas. Engines for initial attack would be the most suitable resource. Notify GLA Fire Management when extensive heavy equipment has been used in suppression to access any land rehabilitation needs. 4.2 Preparedness The Program Preparedness component of wildland fire management involves the process of planning and implementing activities prior to wildland fire ignitions. This process includes actions which are completed on a routine basis prior to each fire season as well as actions conducted in response to increasing fire danger. Should the tribe decide to develop a certified structural fire department to suppress wildfires on trust land, the tribe will, at a minimum adopt the National Wildfire coordination Group 310-1 Wildland and Prescribed Fire Qualification Guide standards for all personnel. The Structural Fire Department firefighters that are certified and working on the Fire Departments equipment will have their qualifications accepted by the Tribe and Bureau. All Tribal members and staff that choose to become involved in wildland fire management operations will be supported by the Bureau for any classroom or on the job training needed based on availability of funds. The limited availability of local wildfire management opportunities any Tribal staff pursuing training and qualifications may need to travel extensively during the prescribed fire and wildfire seasons. All NWCG standards will be enforced for all participants under the Wildland Fire Qualifications System Guide NWCG 310-1. - 10 - Public Packet 37 of 135 4.3 Incident Management 4.3.1 Policy: Fires will be suppressed considering firefighter and public safety, benefits, and values to be protected, consistent with resource objectives, at minimum cost. 4.3.2 Safety: Safety is the number one priority for all personnel engaged in or supporting fire management activities and is the responsibility of the IC, Incident Management Team (IMT), and all fire line supervisors. There is no fire situation so serious that the life of anyone should be risked in order to get to the fire sooner, get the fire out quicker, or to keep the burned areas smaller. There are numerous safety references available to aid in safety management. Other references available to aid in safety management including the following: ƒ ƒ ƒ ƒ ƒ The Interagency Standards for Fire and Aviation Operations (Red Book) Local Risk Assessment for firefighting activities. Wildland Fire Incident Management Field Guide Incident Response Pocket Guide (IRPG), PMS 461, NFES 1077 The NWCG Fireline Handbook, Appendix B Fire Behavior (NFES 2165) is a useful guide for making fire behavior interpretations. 4.3.3 Response to Wildland Fire: Large wildland fire incidents are rare on Oneida Nation lands. In the event of a large wildland fire incident the local fire departments will first utilize the Wisconsin DNR, as is standard operating procedure for Cooperative Fire Protection areas. Large fires and escaped prescribed fires on Tribal trust lands will be reported to the BIA as soon as possible. The Wildland Fire Decision Support System (WFDSS) will be utilized to document all decisions and rationale for managing extended attack fires as wel l as pr escr ibed f ir es declar ed wi ldf ir es on T r ibal T r ust lands. WFDSS also provides tools (such as ERC charts and fire behavior analysis) to assist in decision making during of the incident. A fire report should be completed for all wildfires occurring on trust lands. The wildfire information should be sent to GLA to be entered into the Wildland Fire Management Information system (WFMI). This should be provided as soon as possible, but no later than Oct.1 of every year. 4.4 Emergency Stabilization and Burned Area Rehabilitation Specific policy and guidance for Emergency Stabilization (ES) and Burned Area Rehabilitation (BAR) are located in Red Book. The Red Book page updates are issued on an annual basis. Referencing this document is important as Policies and procedures may change from year to year. ES and BAR treatments are an integral part of large wildfire incidents, but are programmed, and funded separately from each other. Reference documents include: x Interagency Burned Area Emergency Response (BAER) Guidebook (Feb. 2006). x Interagency Burned Area Rehabilitation (BAR) Guidebook (Oct. 2006) x Burned Area Emergency Response Team Standard Operations Guide (Jan. 2007). - 11 - Public Packet 38 of 135 x x x x x Department Manual Part 620, Chapter 1 & 3. Department Manual 516 Part 6, Appendix 4. Indian Affairs Manual Part 90. 25 CFR, Section 163.28. Interagency Incident Business Management Handbook. 4.4.1 Fire Suppression Activity Damage This is defined as damage to resources, lands, and facilities resulting from wildfire suppression actions, in contrast to damages resulting directly from a wildfire. The Incident Commander is responsible for rehabilitation of suppression impacts according to local standards. It’s generally incumbent upon the Resource Advisor to provide those standards and work with the incident to assure that rehabilitation is completed appropriately. Funding is by the suppression account and suppression rehabilitation must be completed within 90 days from date of containment. The Tribe shall identify Resources Advisors to be notified when damages occur. 4.4.2 Emergency Stabilization The need for immediate post wildfire actions will be evaluated to minimize the threat to life and health and prevent unacceptable degradation to natural and cultural resources (see Interagency Burned Area Emergency Response Guidebook). 4.4.3 Burned Area Rehabilitation Applicable post-wildfire burned area rehabilitation (BAR) actions to repair or improve wildfire damaged lands unlikely to recover naturally or minor facilities damaged by the fire will be addressed. Use the Departmental Manual (620 DM 3) and agency-specific direction for guidance. Also see Interagency Burned Area Rehabilitation Guidebook. 4.5 Air Quality (Smoke Management) In addition to the aesthetic impact, smoke emissions can impair visibility of motor vehicles, and other transportation methods. In sufficient high concentrations, particulate matter from smoke can threaten human health involving the public as well as firefighter safety, especially for individuals with respiratory ailments. Excessive smoke production is most likely to occur when heavy concentrations of fuels burn. Persistent atmospheric inversions and low wind conditions can result in poor smoke dispersal. While there is little that can be done to reduce smoke generated from wildfires, there are measures that can sometimes be taken to manage its effects. Traffic control measures should be considered whenever visibility is significantly impaired in travel corridors. Similarly, public health advisories may be issued when smoke concentrations pose a serious hazard to respiratory health. Firefighter health and safety from smoke inhalation should be monitored when in high concentrations. Prescribed Fires will have specific smoke management guidelines and weather parameters with in the Burn Plan. - 12 - Public Packet 39 of 135 4.6 Severity and Support Action Guidance for use of severity and support action funding is found in the Red Book. Severity funding is generally requested for short or long term durations of abnormal fire danger and/or fire behavior or for elevated periods of fire occurrence. Generally, support actions are used for funding overhead, equipment and fire crews dispatched to other jurisdictions. 4.7 Responsibilities Responsibilities of key administrative and fire management positions are documented in Chapter 6 of the Red Book. Director Bureau of Indian Affairs – Responsible for the implementation of an effective WFM program. Branch Chief, Wildland Fire Management – Responsible to recommend policies and standards for firefighter safety, training, prevention, suppression and use of wildland fires on Indian Trust Lands. Fire and Aviation Management - The BIA National Interagency Fire Center at Boise, Idaho coordinates the BIA Fire and Aviation Management’s Wildland Fire Management Program on a national level. Its bureau-wide function is to assist regional offices, agencies, and tribes with the development and implementation of a safe, effective, and efficient fire management program that meets management objectives. BIA Regional Director - The Regional Director of the Midwest Regional Office is responsible for ensuring activities and/or plans reflect a commitment to safety and a state of readiness commensurate with values at risk to minimize a wildland fire loss. Regional Office Fire Management Officer (RFMO) - The BIA Midwest RFMO is responsible for negotiating interagency agreements and providing planning, coordination, training, technical guidance, and evaluations to fire management programs throughout the Regional Office’s area. The Regional Fire Management Officer also represents the Regional Director on interagency geographic coordination groups and multi-agency coordination (MAC) groups. Agency Superintendent - The Great Lakes Agency Superintendent is responsible for ensuring that every wildland firefighter, fireline supervisor and fire manager takes positive action to obtain compliance with established standards and safe firefighting practices. Fire Program Manager – As delegated and assigned is responsible to the agency administrator for the planning, implementing and monitoring of the fire program in accordance with agency policy and direction. Ensures all wildland firefighters are qualified for the duties they will be assigned and carry out all fire program activities in a safe manner. The Midwest Region and Great Lakes Agency administrative and support organizations provide assistance to the Oneida Nation. - 13 - Public Packet 40 of 135 4.8 Management of Planned Fuels Treatments 4.8.1 x x x x x Policy and Guidance BIA Fuels Management Program Planning and Implementation Guide, Fuels Management Program: Business Rule Handbook Interagency Prescribed Fire Planning and Implementation Procedures Guide National Cohesive Wildland Fire Management Strategy Healthy Forest Initiative 2002 Fire is recognized as having a critical role in the maintenance of healthy wildland ecosystems. The Oneida Nation endorses an increase, relative to levels seen in recent decades, in the use of fire as a potential land and resource management tool. Oneida acknowledges, due to present conditions, that other means of fuels treatment (mechanical, biological, and chemical) may have to be incorporated prior to managing fuels with fire. Mechanical thinning and prescribed fire will occur throughout the reservation and will be analyzed in future site-specific planning and implementation documents, these activities may result from brush disposal after timber harvest activities, stand density reductions, and/or natural hazards fuel reductions, invasive plant removal, and ecosystem restorations 4.8.2 Fuels Management - Prescribed Fire and Mechanical Projects Mechanical methods and prescribed fire used by Oneida Nation staff will be an integral part in accomplishing the following objectives: 1) Reduce wildfire risk to communities, municipal watersheds and natural resources/cultural values, 2) Maintain, protect and enhance natural/cultural resources, 3) Implement restoration of natural ecological processes and functions with the use of prescribed fire or mechanical methods to achieve land management objectives. 4.8.3 Prescribed Fire Prescribed Fire will be in the form of broadcast or pile burns. All prescribed burns will have a prescribed burn plan that will follow the Interagency Prescribed Fire Planning and Implementation Procedures Guide(PMS 424 July 2017) and all 21 Elements within the guide. This can be a stand-alone individual plan or programmatic plan. 4.8.4 Mechanical Projects The techniques available for implementation of mechanical treatments under the fuels program include: thinning, pruning, chipping, biomass removal, disking, mastication, mowing, lop & scatter, hand piling, shearing & windrowing and other methods of hazardous fuels reduction.. Every mechanical and other non-fire fuels treatment project will require a project plan. This plan may be a stand-alone document (herein referred to as a treatment plan) or may be incorporated in another document such as a silvicultural prescription or tribal thinning contract. All projects with fuels reduction treatments using fuels funds will have written project plan to describe goals, objectives, methods, and schedules, for the reduction of hazardous fuels from tribal lands. - 14 - Public Packet 41 of 135 4.9 Prevention, Mitigation and Education Prevention, education, and mitigation strategies are intended to address human caused fires and educate/inform the public about fire management activities and needs. Some example activities include: x x x x x x x x x x x x x Human caused ignition patterns and problems, Fire investigation policies and procedures, Closures/restricted access process, Burn permit systems, Law enforcement operating procedures and agreements, community involvement, Firewise, Annual meetings with public, other agencies and local fire districts, School and other education programs, Community grant programs and assistance, Community Wildfire Protection Plan (CWPP), Memorandum of Understanding (MOU), Reporting requirements. Prevention activities are typically a responsibility of the fire management program. The wildfire prevention and education activities will primarily be handled by the local fire departments and Oneida Nation through school programs, and supported by the Great Lakes Agency. 5. Monitoring and Evaluation This chapter is designed to address two main factors which include monitoring of the Oneida Nation WFMP (section 5.1) and the on the ground monitoring of other programs and projects including fuels, BAER, and fire suppression (all other sections) 5.1 Oneida Nation WFMP Monitoring The intent of this section is to document processes for determining whether the WFMP is being implemented as planned and whether fire-related goals and objectives are being achieved. Information obtained from monitoring and evaluations is used to help update the WFMP and other land management plans. As supplemental plans are updated annually, the following items will be reviewed: x x Monitoring of the WFMP for changes that may have resulted from large scale vegetation changes or site conditions. Unit level monitoring of other programs and projects, including any newly identified items of special interest that the tribes request (i.e. BAER, Fuels and fire suppression etc.). Additional meetings such as those held prior to the fire season to review preparedness and readiness of the fire organization enable discussions of any potential changes in the plan brought about by new guidelines or direction. Examples include: addressing fire related items of special interest that the tribe may have, discussing priorities in the plan, and emphasize priority direction - 15 - Public Packet 42 of 135 for the upcoming year. If any of these discussions occur, a new wildland Fire Management Plan, or amendment, would have to be developed. The BIA Fire Management Officer and Tribal delegate shall meet when needed to qualify or discuss updates of the WFMP, work implementation and coordinate and consult on implementation of any recent issues.. 5.2 Reporting and Documentation Requirements Reporting requirements are outlined in the BIA Chapter of Red Book, and through various handbooks and memorandum issued by the BIA Regional Office and BIA-NIFC. Important reporting elements include but are not limited to the following. ƒ DI-1202, Individual Fire Reports: Important monitoring elements include fire size, location, Fire Danger Index level, fuel model. All suppressed fires will be entered in WFMI, the official BIA Wildland Fire Management Information system. Note: Fires over 10 acres should be mapped with a GPS and that data uploaded into WFDSS. ƒ ICS-209, Incident Status Summary: For large extended attack fires, important monitoring elements include fire size, fire location and perimeter data, and current/expected weather and fire behavior. ƒ Burned Area Emergency Stabilization and Rehabilitation Accomplishment Reports. ƒ NFPORS (National Fire Plan Operations & Reporting System: Important monitoring elements include fire size, vegetation, location, and treatment type for fuels and BAER treatments. All wildfire activities performed by Fire Management or Tribal fire personnel are documented, and recorded in the Incident Qualifications and Certification System (IQCS). National Fire Plan Reporting and Operations System (NPORS) is used to document planning, funding, and accomplishments for hazard fuel reduction projects, stabilization and rehabilitation (BAER) projects, and community assistance projects. Records Management and Archiving: The Office of the Special Trustee for American Indians (OST) and Indian Affairs shall ensure the records management program is in compliance with recordkeeping requirements established by the Federal Records Act, National Archives Records Administration (NARA) regulations, Department of the Interior (DOI) policies and procedures, and Office of Trust Records policies and procedures set forth in the Indian Affairs Records Management Manual (IARMM), refer to 303 DM 6, Indian Fiduciary Trust Records (September 5, 2003) records management protocol. - 16 - Public Packet 43 of 135 APPENDIX A Oneida Nation Wildland Fire Management Plan ACRONYMS AND GLOSSARY AD Administratively Determined: A person hired and compensated under the Pay Plan for Emergency Workers (Federal system) AAR After Action Review: A post incident review process AFMO Assistant Fire Management Officer AOP Annual Operating Plan BAER Burned Area Emergency Response: BAR Burned Area Rehabilitation (Non-emergency) BIA Bureau of Indian Affairs BIA-NIFC BIA National Branch of Fire and Aviation, National Interagency Fire Center BI Burning Index BLM Bureau of Land Management Red Book Wildland Fire and Aviation Program Management and Operations Guide CWPP Community Wildfire Protection Plan DM U.S. Dept. of Interior Departmental Manual DOI Department of Interior DI 1202 Department of Interior Individual Fire Report Form EFF Emergency Firefighter ES Emergency Stabilization EMT Emergency medical technician ERC Energy Release Component EVT Existing vegetation types FMO Fire Management Officer: Also called Wildland Fire Program Manager FMP Fire Management Plan: Another term commonly used is the Wildland Fire Management Plan (WFMP) - 17 - Public Packet 44 of 135 FMU Fire Management Unit: A fire management unit (FMU) is defined by the National Wildfire Coordination Group (NWCG) as a land management area definable by objectives, management constraints, topographic features, access, values to be protected, political boundaries, fuel types, major fire regime groups, etc. that set it apart from the characteristics of an adjacent FMU. The FMU may have dominant management objectives and preselected strategies assigned to accomplish these objectives. FPA Fire Program Analysis: FPA is a performance-based, landscape scale interagency fire program planning and budgeting system FPU Fire Planning Unit: The FPU is defined in order to describe a geographic analysis area specifically for FPA. It is not predefined by agency administrative boundaries and may be described spatially. It can include a single or multiple Land Use Plan area(s). It can cross jurisdictional boundaries and consists of one or more FMUs. FWF Fire Weather Planning Forecast FWS Fish and Wildlife Service GACC Geographic Area Coordination Center: Interagency regional operational centers for fire resource coordination and mobilization GIS Geographic Information System: A computer based system of geographical data that contains numerous data layers (e.g., terrain, roads, vegetation, other improvements, fire history, fuel models, etc.). It is used for planning future projects and maintaining a record of existing conditions and historical activities. GPS Global Positioning System HFRA Hazardous Fuels Reduction Act FMU Fire Management Unit: Any land management area definable by objectives, topographic features, access, values-to be-protected, political boundaries, fuel types, or major fire regimes, etc., that set it apart from management characteristics of an adjacent unit. FMU’s are delineated in WFMPs. These units may have dominant management objectives and preselected strategies assigned to accomplish these objectives. IRPG Incident Response Pocket Guide, PMS 461, NFES 1077 IA Initial Attack: An aggressive suppression action consistent with firefighter and public safety and values to be protected IAM Indian Affairs Manual IAP Incident Action Plan: Contains objectives reflecting the overall incident strategy and specific tactical actions and supporting information for the next operational period. The plan may be oral or written. When written, the plan - 18 - Public Packet 45 of 135 may have a number of attachments, including incident objectives, organization assignment list, division assignment, incident radio communication plan, medical plan, traffic plan, safety plan, and incident map. Formerly called shift plan. IC Incident Commander ICS Incident Command System IMET Incident Meteorologist IQCS Incident Qualification and Certification System LANDFIRE LANDFIRE: Also known as the Landscape Fire and Resource Management Planning Tools Project, is a multi-partner project producing consistent and comprehensive maps and data describing vegetation, wildland fuel, and fire regimes across the United States. It is a shared project between the wildland fire management programs of the U.S. Department of Agriculture Forest Service and U.S. Department of the Interior. MAC Multi Agency Coordinating Group: A generalized term which describes the functions and activities of representatives of involved agencies and/or jurisdictions who come together to make decisions regarding the prioritizing of incidents, and the sharing and use of critical resources. The MAC organization is not a part of the on-scene ICS and is not involved in developing incident strategy or tactics. MIST Minimum Impact Suppression Tactics. The application of strategy and tactics that effectively meet suppression and resource objectives with the least environmental, cultural and social impacts NEPA National Environmental Policy Act NFDRS National Fire Danger Rating System: A system that uses inputs of temperature, relative humidity, wind speed, fuel moisture, and fuels parameters to compute components and indices related to the ignition, spread, and difficulty of control of wildland fire. NFFL National Forest Fire Laboratory NFPORS National Fire Plan Operations Reporting System: A computer-based online information portal used to request project funding and track project progress NIFC National Interagency Fire Center: An interagency facility located in Boise, Idaho that manages fire activities at the national level, for all five federal wildland fire agencies NIMS National Incident Management System NPS National Park Service. An agency under USDI - 19 - Public Packet 46 of 135 NRCS US Department of Agriculture, Natural Resources Conservation Service NWCG National Wildfire Coordinating Group. A group formed under the direction of the Secretaries of the Interior and Agriculture to improve the coordination and effectiveness of wildland fire activities and provide a forum to discuss, recommend appropriate action, or resolve issues and problems of substantive nature. NWS National Weather Service NWCG National Wildfire Coordinating Group: An interagency, inter-governmental body that establishes operational fire management standards and procedures such as qualification and certification protocols, allocation or resources protocols, equipment standards, and training programs. PPE Personal Protective Equipment: Equipment that is required to safely perform assigned tasks. In wildland firefighting, this requirement includes 8 inch high leather boots, Nomex pants and shirt, leather gloves, hard hat, and a fire shelter. Specific jobs may require additional safety equipment. PS Predictive Services: This function is managed out of the Southwest Coordination Center in Albuquerque, NM. for the SW Geographic Area. PSA Predictive Services Area RAWS Remote Automatic Weather Station: Automated weather stations that are located throughout the United States. These stations gather weather data that assists land management agencies with a variety of projects – wildland fire management, monitoring air quality, rating fire danger, determining prescribed fire windows, and providing information for research applications. RFMO BIA Regional Fire Management Officer RFW Fire Weather Watches and Red Flag Warnings RH Relative Humidity ROMAN Real Time Observation Monitor and Analysis Network RXFire Prescribed Fire: Any planned ignition intended to meet specific objectives SEAT Single Engine Air Tanker SWCC Southwest Coordination Center SWFF Southwest Indian Fire Fighter Program USDI United States Department of Interior USFS U.S. Forest Service - 20 - Public Packet 47 of 135 VTP Values to be Protected: These include property, structures, physical improvements, natural and cultural resources, community infrastructure, economic, environmental, and social values Wildland Fire A general term describing any non-structure fire that occurs in the wildland. Wildland fires are categorized into two distinct types: Wildfires - unplanned ignitions or prescribed fires that are declared wildfires, and Prescribed Fires planned ignitions. WFDSS Wildland Fire Decision Support System: A process which examines the full range of responses to a wildland fire and becomes the documentation support system for the management strategies taken WFMI Wildland Fire Management Information System WFMP Wildland Fire Management Plan: A strategic plan that defines a program to manage wildland and prescribed fires and documents the Fire Management Program in the approved Forest Management Plan. The plan is supplemented by operational plans such as preparedness plans, preplanned dispatch plans, prescribed fire plans, prevention plans, etc. WIMS Weather Information Management System WSFO Weather Service Forecast Office WUI Wildland/Urban Interface: The line, area, or zone where structures and other human development meet or intermingle with undeveloped wildland or vegetative fuels or where humans and their development meet or intermix with wildland fuel. - 21 - Public Packet 48 of 135 APPENDIX B REFERENCES CITED Federal Fire Policy • NWCG Terminology Update, attachment A, #24-2010 (April 30, 2010) • Guidance for Implementation of Federal Wildland Fire Management Policy (February 13, 2009) • Review and Update of the 1995 Federal Wildland Fire Management Policy (January 2001) • Modification of Federal Wildland Fire Policy Guidance (memorandum dated May 2, 2008) • Interagency Strategy for the Implementation of Federal Wildland Fire Management Policy (June 20, 2003) • Federal Register Volume 66, U.S.D.A. & U.S.D.O.I. 2001. Urban Wildland Interface Communities Within the Vicinity of Federal Lands That Are at Risk From Wildfires • Healthy Forests Restoration Act of 2003 (HFRA) Department of Interior Policy • Department of Interior Departmental Manual Part 620, Chapter 1: Wildland Fire Management (April 9, 1998) • The Department of the Interior (DOI) Departmental Manual 620 DM, Chapter 3, Burned Area Emergency Stabilization and Rehabilitation Bureau of Indian Affairs Policy and Handbooks • BIA Fuels Management Program, 2008 Business Rules Handbook (July 2008) • BIA, Fuels Management Program – Supplement to the Interagency Prescribed Fire Planning and Implementation Procedures Reference Guide (December 2008) • Indian Affairs Manual (IAM), Part 90 IAM, Wildland Fire Management , Jan. 2006. • Indian Affairs Manual (IAM), Part 57 IAM, Aviation Management , Oct. 1999 • U.S. CFR.1 April 1999, Title 25, Indians. Chapter I, BIA, DOI. Part 163 – General Forestry Regulations. Sections 163.28 (a), (b), (c), (d) • U.S. Code of Federal Regulations (CFR). 1 April 1999. Title 25, Indians. Chapter I, BIA (BIA), Department of Interior (DOI) Public Packet 49 of 135 • BIA, Wildland Fire & Aviation Operations Guide, “Blue Book”, 2010 (issued annually) • Tribal Wildfire Resource Guide, University of Oregon, 2006 Interagency Fire Management Handbooks and Guides • Wildland Fire Incident Management Field Guide (replaces Fireline handbook Appendix A), PMS 210 • Incident Response Pocket Guide (IRPG) (PMS 461, NFES 1077) • Interagency Prescribed Fire, Planning and Implementation Procedures Guide (July 2008) • Interagency Burned Area Emergency Response Guidebook, Version 4.0, February 2006 • Interagency Burned Area Rehabilitation Guidebook, Version 1.3, October 2006 • Interagency Fire Regime Condition Class Guidebook, Version 1.2, May 2005 • Interagency Standards for fire and Fire Aviation Operations, ( issued annually) • National Interagency Mobilization Guide (issued annually) • Rocky Mountain area Mobilization Guide (issued annually) • Fire Program Analysis (FPA) Guidance • Wildland Fire Qualification System Guide, PMS 310-1, NFES 1414 • FFI (Feat/Firemon Integrated) Users Guide, Ecological Monitoring, March 2011 23 Public Packet 50 of 135 Appendix C 2.1 Fire Policy 2.1.1National Fire Policy The “Guidance for Implementation of Federal Wildland Fire Management Policy” (February 2009), replaces the “Interagency Strategy for the Implementation of Federal Wildland Fire Management Policy” (June 20, 2003). This updated guidance consolidates and clarifies changes that have occurred since the 2003 strategy document was issued, and provides revised direction for consistent implementation of the “Review and Update of the 1995 Federal Wildland Fire Management Policy” (January 2001). Guiding Principles • Firefighter and public safety is the first priority in every fire management activity. • The role of wildland fire as an essential ecological process and natural change agent will be incorporated into the planning process. Federal agency land and resource management plans set the objectives for the use and desired future condition of the various public lands. • Fire Management Plans, programs, and activities support land and resource management plans and their implementation. • Sound risk management is a foundation for all fire management activities. Risks and uncertainties relating to fire management activities must be understood, analyzed, communicated, and managed as they relate to the cost of either doing or not doing an activity. Net gains to the public benefit will be an important component of decisions. • Fire management programs and activities are economically viable, based upon values to be protected, costs, and land and resource management objectives. Federal agency administrators are adjusting and reorganizing programs to reduce costs and increase efficiencies. As part of this process, investments in fire management activities must be evaluated against other agency programs in order to effectively accomplish the overall mission, set short- and long-term priorities, and clarify management accountability. Public Packet 51 of 135 • Fire Management Plans and activities are based upon the best available science. Knowledge and experience are developed among all federal wildland fire management agencies. An active fire research program combined with interagency collaboration provides the means to make these tools available to all fire managers. • Fire Management Plans and activities incorporate public health and environmental quality considerations. • Federal, Tribal, State, local, interagency, and international coordination and cooperation are essential. Increasing costs and smaller work forces require that public agencies pool their human resources to successfully deal with the ever-increasing and more complex fire management tasks. Full collaboration among federal wildland fire management agencies and between the federal wildland fire management agencies and international, Tribal, State, and local governments and private entities result in a mobile fire management work force available for the full range of public needs. • Standardization of policies and procedures among federal wildland fire management agencies is an ongoing objective. Consistency of plans and operations provides the fundamental platform upon which federal wildland fire management agencies can cooperate, integrate fire activities across agency boundaries, and provide leadership for cooperation with Tribal, State, and local fire management organizations. 2.1.2Implementation of Federal Fire Management Policy This WFMP guides implementation of fire management policies to help achieve fire management goals defined in: 1. 2. 3. Federal Wildland Fire Management Policy and Program Review; Managing Impacts of Wildfires on Communities and the Environment, and Protecting People and Sustaining Resources in Fire Adapted Ecosystems – A Cohesive Strategy (USDOI/USDA); and A Collaborative Approach for Reducing Wildland Fire Risks to Communities and the Environment: 10 Year Comprehensive Strategy Implementation Plan. The following guidelines should be used to provide consistent implementation of federal wildland fire policy. Public Packet 52 of 135 1. 2. 3. 4. 5. 6. 7. 8. 9. Wildland fire management agencies will use common standards for all aspects of their fire management programs to facilitate effective collaboration among cooperating agencies. Agencies and bureaus will review, update, and develop agreements that clarify the jurisdictional inter-relationships and define the roles and responsibilities among local, tribal, state and federal fire protection entities. Responses to wildland fire will be coordinated across levels of government regardless of the jurisdiction at the ignition source. Fire management planning will be intergovernmental in scope and developed on a landscape scale. Wildland fire is a general term describing any non-structure fire that occurs in the wildland. Wildland fires are categorized into two distinct types: a. Wildfires – Unplanned ignitions or prescribed fires that are declared wildfires b. Prescribed Fires - Planned ignitions. A wildland fire may be concurrently managed for one or more objectives and objectives can change as the fire spreads across the landscape. Objectives are affected by changes in fuels, weather, topography; varying social understanding and tolerance; and involvement of other governmental jurisdictions having different missions and objectives. Management response to a wildland fire on federal land is based on objectives established in the applicable Land/ Resource Management Plan and/or the Fire Management Plan. Initial action on human-caused wildfire will be to suppress the fire at the lowest cost with the fewest negative consequences with respect to firefighter and public safety. Managers will use a decision support process to guide and document wildfire management decisions. The process will provide situational assessment, analyze hazards and risk, define implementation actions, and document decisions and rationale for those decisions. 2.1.3Department of Interior (DOI) Departmental Policy Department of Interior Policy is listed in the Departmental Manual Part 620: Wildland Fire Management. The Departmental policy states: 1. Safety: Firefighter and public safety is the first priority. All Fire Management Plans and activities must reflect this commitment. Public Packet 53 of 135 2. Fire Management and Ecosystem Sustainability: The full range of fire management activities will be used to achieve ecosystem sustainability including its interrelated ecological, economic, and social components. 3. Response to Wildland Fire: Fire, as a critical natural process, will be integrated into land and resource management plans and activities on a landscape scale, across bureau boundaries. Response to wildland fires is based on ecological, social and legal consequences of the fire. The circumstances under which a fire occurs, and the likely consequences on firefighter and public safety and welfare, natural and cultural resources, and, values to be protected, dictate the appropriate response to the fire. 4. Use of Wildland Fire: Wildland fire will be used to protect, maintain, and enhance natural and cultural resources and, as nearly as possible, be allowed to function in its natural ecological role. Use of fire will be based on approved Fire Management Plans and will follow specific prescriptions contained in operational plans. 5. Rehabilitation and Restoration: Rehabilitation and restoration efforts will be undertaken to protect and sustain ecosystems, public health, safety, and to help communities protect infrastructure. 6. Protection Priorities: The protection of human life is the single, overriding suppression priority. Setting priorities among protecting human communities and community infrastructure, other property and improvements, and natural and cultural resources will be done based on the values to be protected, human health and safety, and the costs of protection. Once people have been committed to an incident, these human resources become the highest value to be protected. 7. Wildland Urban Interface: The operational role of the agencies as partners in the wildland/urban interface are wildland firefighting, hazard fuels reduction, cooperative prevention and education, and technical assistance. Structural fire suppression is the responsibility of Tribal, State and local governments. Federal agencies may assist with exterior structural protection activities under formal Fire Protection Agreements that specify the mutual responsibilities of the partners, including funding. (Some Federal agencies have full structural protection authority for their facilities on lands they administer and may also enter into formal agreements to assist Tribes, State and local governments with full structural protection.) 8. Planning: Every area with burnable vegetation must have an approved Fire Management Plan. Fire Management Plans are strategic plans that define a program to manage wildland and Public Packet 54 of 135 prescribed fires based on the area’s approved land management plan. Fire management plans must provide for firefighter and public safety, include fire management strategies, tactics, and alternatives; address values to be protected and public health issues; and be consistent with resource management objectives, activities of the area, and environmental laws and regulations. 9. Science: Fire management plans and programs will be based on a foundation of sound science. Research will support ongoing efforts to increase our scientific knowledge of biological, physical, and sociological factors. Information needed to support fire management will be developed through an integrated interagency fire science program. Scientific results must be made available to managers in a timely manner and must be used in the development of land management plans, fire management plans and implementation plans. 10. Preparedness: Agencies will ensure their capability to provide safe, cost-effective fire management programs in support of land and resource management plans through appropriate planning, staffing, training, equipment and management oversight. 11. Suppression: Fires are suppressed at minimum cost, considering firefighter and public safety, benefits and values to be protected, and be consistent with resource objectives. 12. Prevention: Agencies will work together and with their partners and other affected groups and individuals to prevent unauthorized ignition of wildland fires. 13. Standardization: Agencies will use compatible planning processes, funding mechanisms, training and qualification requirements, operational procedures, values-to-be-protected methodologies, and public education programs for all fire management activities. 14. Interagency Cooperation: Fire management planning, preparedness, prevention, suppression, fire use, restoration and rehabilitation, monitoring, and research and education will be conducted on an interagency basis with involvement of all partners. 15. Communication and Education: Agencies will enhance knowledge and understanding of wildland fire management policies and practices through internal and external communication and education programs. These programs will be continuously improved through the timely and effective exchange of information among all affected agencies and organizations. 16. Agency Administrator and Employee Roles: Agency administrators will ensure that their employees are trained, certified and made available to participate in the wildland fire program locally, regionally, and nationally as the situation demands. Employees Public Packet 55 of 135 with operational, administrative, or other skills will support the wildland fire program as necessary. Agency administrators are responsible and will be held accountable for making employees available. 17. Evaluation: Agencies will develop and implement a systematic method of evaluation to determine effectiveness of projects through implementation of the 2001 Federal Wildland Fire Management Policy. The evaluation will assure accountability, facilitate resolution of areas of conflict, and identify resource shortages and agency priorities. 2.1.4Bureau of Indian Affairs Fire Management Policy Policy and responsibility for the BIA Wildland Fire Management program is documented in the Indian Affairs Manual (IAM) Part 90, Chapter 1. This part identifies the authorities, standards, and procedures that have general and continuing applicability to wildland fire activities under the jurisdiction of the Assistant Secretary – Indian Affairs. The BIA mission, involving wildland fire management, policies and responsibilities are listed in Part 90; chapter 1 of the Indian Affairs Manual (IAM) is as follows: 1. Avoid exposure of firefighters to life threatening situations unless human lives are at risk. 2. Protect resource values from wildland fire while obtaining benefits to the resources from wildland fire use and prescribed fire at the least cost. 3. Coordinate and cooperate with tribes and other protection agencies in order to achieve efficiency and effectiveness. 4. Maintain an appropriate state of interagency preparedness with adequate resources and trained, qualified personnel. 5. Integrate wildland fire management decisions and natural resource management decisions based on the premise that wildland fire is a critical ecological process. Public Packet 56 of 135 NEPA Compliance • NEPA Requirement: The primary requirement of §102 (2) of NEPA is that an Environmental Impact Statement (EIS) be prepared for major federal actions (see §1508.18) significantly affecting the quality of the human environment. • Environmental Assessment (EA): A less detailed document that may be used to determine whether or not an EIS is required. If based on an EA, it is determined that a proposed action will not significantly affect the quality of the human environment, the decision maker may fulfill the documentation required by the Council on Environmental Quality (CEQ) regulations by issuing a Finding of No Significant Impact (FONSI). In addition, certain kinds of actions, called Categorical Exclusions (CE), may be taken without the preparation of either an EA or EIS. • Authority for BIA Decision Making: Decisions that BIA officials make are based upon delegations of authority which are documented in 30 IAM. Authority is generally delegated to the lowest level, typically the Agency Superintendent. Regional Directors may issue more detailed guidance regarding NEPA compliance for BIA actions within their service areas. • Tribal Governments and NEPA: Tribal governments have substantial authority, through their retained tribal sovereignty, for additional environmental protection within their reservations. This tribal governmental authority is distinct from the responsibilities and authority of the BIA under NEPA and other Federal environmental laws, and from the federal trust responsibility. An activity affecting the environment of Indian reservations requires the approval of both the BIA and the tribal government. Because of this dual authority, the BIA NEPA process must be continually coordinated with tribal decision-makers. Public Packet 57 of 135 Public Packet 58 of 135 Public Packet 59 of 135 Public Packet 60 of 135  Adopt resolution entitled Oneida Business Committee and Joint Meetings with Boards, Committees an   /  /          Adopt resolution titled Oneida Business Committee and Joint Meetings with Boards, Committees and Commissions - Definitions and Impact                            Public Packet 61 of 135                 Public Packet 62 of 135 Public Packet 63 of 135 Public Packet 64 of 135 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Oneida Business Committee and Joint Meetings with Boards, Committees and Commissions – Definitions and Impact Summary The resolution sets standard rules and understandings for joint meetings with boards, committees, and commissions. Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office Date: October 17, 2018 Analysis by the Legislative Reference Office The General Tribal Council and Oneida Business Committee have created boards, committees and commissions over the years with specific duties and responsibilities. The Oneida Business Committee has, with some boards, committees, or commissions of the Nation, held joint meetings to discuss policy and philosophy matters and issues arising during the year which require clarification from one or both parties. The joint meetings do not have a standard understanding regarding the agendas, quorums, and, actions. This resolution states that the Oneida Business Committee has determined it would be beneficial to set standard rules and understandings for joint meetings with boards, committees, and commissions. The Boards, Committees, and Commissions law (“the Law”) governs boards, committees, and commissions of the Nation, including the procedures regarding the appointment and election of persons to boards, committees and commissions, creation of bylaws, maintenance of official records, compensation, and other items related to boards, committees and commissions. [1 O.C. 105.1-1]. The Law mentions joint meetings between the Oneida Business Committee and boards, committees, and commissions only in regard to the stipends members of a board, committee, or commission are allowed to collect for attending the joint meeting, and does not provide details on how these meetings are held. [1 O.C. 105.13-4]. This resolution defines a joint meeting as a meeting between the Oneida Business Committee and a board, committee or commission for which the agenda is agreed upon between the Oneida Business Committee liaison member (upon approval by the Oneida Business Committee) and the Chair of the board, committee or commission (upon approval by the board, committee or commission). The resolution then goes on to clarify that a joint meeting is not a meeting of either the Oneida Business Committee or the attending board, committee or commission. This resolution then provides various standards for how joint meetings of the Oneida Business Committee and boards, committees, and commissions shall be handled, including: ▪ The agenda, meeting packet, and meeting notes shall be provided to all parties by the Business Committee Support Office. Page 1 of 2 Public Packet ▪ ▪ ▪ 65 of 135 If any action is necessary from discussions during joint meetings, the Oneida Business Committee or the board, committee, or commission, or both, shall take the issue back to their respective meetings for action through the Oneida Business Committee liaison to the Oneida Business Committee or the Chair of the board, committee, or commission. The Chairman of the Oneida Business Committee shall facilitate joint meetings, unless the Chairman of the Oneida Business Committee requires the Chair of the board, committee or commission to facilitate the meeting. Motions to call a meeting to order, take action or adjourn the meeting are unnecessary and actions shall be requested by consensus of both bodies. This resolution will supersede all other directives, motions or resolutions, including any existing memorandum of agreements or understanding affecting joint meetings, to the extent that those documents may contain conflicting information. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 Public Packet 66 of 135 Adopt resolution entitled Relocating ‘Tribal Action Plan – Office’ to Under the Supervision of a Direct R Statement of Effect will be a handout Public Packet 67 of 135 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 # __________ Relocating ‘Tribal Action Plan – Office’ to Under the Supervision of a Direct Report to the Oneida Business Committee 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 Business Committee adopted resolution # BC-05-10-17-C, Tribal Action Plan, formally recognizing the opioid and substance abuse epidemic occurring on the Oneida Reservation and creating the Tribal Coordinating Committee to coordinate education, prevention, and treatment programming to combat that epidemic; and WHEREAS, the Oneida Business Committee approved Tribal Action Plan 1.5 that was created by the Coordinating Committe [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%3Aec67eade1482e64e. Public record. Not legal advice.