Restoration of Tribal Homelands & Tribal Control of Critical Land Management Activities: Tribal Administration of Resource Appraisal Services Candice Skenandore, Self Governance Coordinator, Oneida Nation

Oneida Nation Background Negotiation Process Next Steps Lessons Learned Background I received our FY 2019 Reprogramming Request and in the request included a footnote that stated that we agree to the terms of a MOU between the Oneida Nation and AVSO. I dug a little deeper and realized we did not have a MOU with the AVSO. I talked with the Office of Self Governance and expressed my concerns of agreeing to the terms of a MOU that did not exist. That’s when I found out that the Nation had a MOU with OST from FY 2010. After I got clarification I reached out to Appraisal folks, sent them the MOU and asked that to explain to me what it was, what they liked about it, what they didn’t like about it, what was working, what wasn’t. etc. I found out that they did not know that such a MOU existed. I went reached out to another Self Governance Professional and started asking questions. There I learned that the duties and responsibilities identified in the MOU with OST had transferred to AVSO and that by signing off on the reprogramming request, we were agreeing to the MOU. I then reached out to OSG again and said I would not agree to language in a MOU that did not exist but the Nation ultimately agreed to language that stated that “ the Nation and the AVSO are negotiating a MOU for the Real Estate Appraisal Services Program. This program will be governed by the terms of this MOU and fully incorporated into the FA when it is completed.” Negotiation Process I only had a pdf version of the MOU with OST so I rewrote the document in word to make the necessary changes. Then I reached out to our Appraisal folks and create a workgroup-consisting of Appraisal, Legal and Self Governance. We went through the MOU and determined that we would just make changes where it identified OST and change that with AVSO knowing that we will be negotiating our FA in a couple years and that at that time we will do a comprehensive review of the MOU. I made the identified changes and sent this to OSG who forwarded it on to AVSO. One thing we wanted to do was include OST in the signature so that we had a written record that OST was aware that the MOU had changed and that they are no longer responsible for their portion of the MOU. They rejected that request. The Nation received back additional changes to the MOU from AVSO, mainly updating citations to reflect current regulations. I met with our team to go through the changes and then discovered that the team had a lot of clarifying questions regarding the MOU. That’s when we decided to go MOU line by line and identify questions and concerns. Once that was complete we held a conference call with AVSO, OSG, and the Great Lakes Agency. Prior to the call I sent the list of questions/topics as to allow for a more effective conversation. Many of the questions were in regards to the CFRs. It was determined that tribes would benefit from CFR training as well as other technical trainings. Other concerns we raised were issues that AVSO said have been addressed in the new MOU template. Then the question was raised, why are we trying to update a MOU from 2010 when there is a new template out there. It didn’t seem like a good use of time to go through a MOU that will be changing in the next year or so. However, the new template was not yet approved so we moved forward. NEXT STEPS We are still in the process of updating the MOU, we identified changes (adding a definition section, adding language stating where the authority comes from for requiring the MOU, etc.) and are awaiting AVSO to come back with suggested edits. Once we receive those edits, the Oneida team will go through them and decide if we accept them or propose alternative language. We will then hold another conference call to discuss issues that we may not agree with. Once we agree to a MOU we will move forward with securing the appropriate signatures. Lessons Learned I would have preferred to wait until the new MOU template was available instead of trying to update a FY 2010 MOU. However if and when we negotiate a new MOU, I will have a better understanding of the process. Reviewing the MOU helped me gain a better understanding of what the Appraisal team does. It also allowed the Appraisal team understand the process more, provide clarity and provided an opportunity ask questions they may have never asked. We also discovered the need for training that other tribes could benefit from and are looking at ways to obtain such training.

Memorandum of Understanding What is the purpose of the MOU? Where does the authority come to require the MOU? Is the MOU necessary? What is the purpose of the MOU? Detail the coordination, implementation, duties, and responsibilities of each party for the Nation’s operation of the AVSO Real Estate Appraisal Program. Our MOU is littered with references to the CFR, our Compact/FA requires that we follow the regulations. Is the MOU Necessary? Tribes has been operating their Appraisal Programs for a number of years without a memorandum of understanding The Office of Special Trustee set forth a new process on something Tribes have been doing prior to OST involvement. The ISDEAA already requires tribes to follow the regulations, tribes may take the position that the MOU is just another added layer of bureaucracy. Self Governance allows tribes the flexibility to provide services in a way that meets the needs of their community, this MOU can be seen as a way that weakens that flexibility. Where does the authority come from that requires the MOU? The authority of our MOU states that AVSO and the Nation entered into the MOU pursuant to our Compact that was initiated under Title IV of the ISDEAA. When negotiating with AVSO, we asked where the authority comes from, we are waiting to hear back. Are there tribes out there that provide Appraisal Services that operate without a MOU?

Recommendations Consider ending the MOU process. Integrate statutory provisions into the self- government agreement. Make sure the template is available for the FY2020 negotiations.