- - Mr. Raymond Halbritter Nation Representative The Oneida Indian Nation of New York Box 1, Route 5 Vernon, New York 13476 Dear Mr. Halbritter: On September 24, 1993, I requested that the Oneida Indian Nation of New York (Nation) hold a referendum to determine whether the majority of adult members supported you as Nation Representative . I also requested that within 90 days the Nation provide me with a detailed, written description of the process for selection and removal of Nation Representatives and other Nation officials. Shortly ' thereafter, the Nation, through its attorneys, urged me to accept a verification of a "statement of support" process the Nation conducted in lieu of a referendum. On November 17, 1993, I agreed to accept the following five step verification process as evidence that the Nation supports you as Nation Representative in lieu of a referendum: Step 1 . Step 2. Step 3 . Step 4. The Nation was to prepare and transmit to the Department of the Interior (Department) a written description of its process for the selection and removal of leaders. The was to permit the Department to review the 443 (now 450) statements of support it received for the current Oneida leadership. The Department would be permitted to examine the Nation's list to verify that each statement of support was signed by an Oneida Nation . member. The Oneida Nation was to provide notarized affidavits from each of the '7 5 individuals who witnessed individual of support. Each witness affidavit was to certify the following: (1) that each statement was signed in the presence of a witness; (2) that each witness had personal knowledge of each signatory's identity; and (3) that each signature was obtained freely, voluntarily, and without duress. The Oneida Nation was to provide notarized affidavits from other individuals involved in the Nation's Step 5. 2 statement of support campaign, describing the internal procedures which were used to solicit and receive the statements of support. The Oneida leadership was to provide a rebuttal, if necessary, to any allegation of conduct by its political opponents regarding the solicitation of the statements of support. The following is a summary of the Nation's response to the verification process described above. Step 1. On February 1, 1994, the Nation submitted a six page of its for selection and removal cf Nation officials. The description included sections Nation membership, (2) Nation meetings, (3) qualifications, selection, resignation and removal of chiefs and Representatives, including the identity of the current Nation Representative, (4) qualifications, selection, removal and meetings of members of the Nation's Men's Council, including a list identifying the current Men's Council Members, and (5) qualifications, selection, and removal of the Nation's Clan Mothers, including a list identifying the current Clan Mothers. In conjunction with the submission of the written description, the Nation indicated that it will regularly inform the Department of changes in the leadership of the Nation that take place pursuant to the described procedures. I have reviewed the Nation's description of its process for selection and removal. of Nation officials and accept it as Step 1 of the process. step 2. On December 8 and 9, 1993, a Bureau of Indian Affairs (BIA) team visited the Nation to review the statements of support for the current Nation leadership. The team reviewed all of the statements and examined the Nation's enrollment list to confirm that the names of the individuals which appeared on the statements also appeared on the enrollmen.t list. The BIA team determined that the names and signatures on the support statements corresponded to the names of individuals listed on the roll. The signatures of: the individual Nation members appeared on the support statements . and the signature of a notary or witness appeared on all one statement. I accept this review of the statements of as Step 2 of the verification process. ' Step 3. On February 1, 1994, the Nation submitted 69 witness affidavits to demonstrate that the statements of support were (1) signed in the presence of a witness, (2) that each witness had personal knowledge of each signatory's identity, and (3) that each signature was obtained freely, voluntarily and without duress. The BIA reviewed the 69 witness affidavits. The following summarizes the results of the Nation's effort to fulfill step three of the verification process: Statements of Support With witness affidavits (notarized) With witness affidavits (not notarized) With notary as witness Without witness Without witness affidavit 3 II of Witnesses 66 3 49 9 II of Statements of Support 383 5 49 1 i 2 I I accept that the 66 notarized witness affidavits and the 49 notarized statements of support demonstrate that 432 of the 450 statements of support were signed in the presence of a witness who had personal knowledge of each signatory's identity and that each signature was obtained freely, voluntarily and without duress. The 66 notarized witness affidavits and the 49 notarized statements represent 96% of the statements collected. I accept this evidence as Step 3 of the verification process. Step 4. On December 14, 1993, the Nation submitted notarized declarations of Gloria Halbritter, Nation Enrollment Clerk, and Terri Kiehn, Nation Office Administrator, describing the internal procedures which were used to solicit and receive statements of support from Nation members on behalf of the current leadership of the Nation. I accept these declarations as Step 4 of the verification process. Step 5. The Nation has indicated that it is prepared to provide a rebuttal to any allegation of conduct regarding the solicitation of the statements of support. I accept this as Step 5 of the verification process. The Nation has fulfilled each of the five steps described above to verify that the Nation supports you as Nation Representative. This verification process has unearthed no evidence to indicate that the Nation members were coerced to sign the statements of support. Therefore, I am pleased to advise you that the United States unconditionally recognizes you as the current Nation Representative. You will continue to be recognized as Nation Representative until you resign or are removed by the Nation in accordance with the description of the process for selection and removal of Nation officials submitted on February 1, 1994 . 4 I thank you and the Oneida people for helping us to better understand the government of your Nation. I look forward to working with you in the future. Sincerely, Ada E. Deer Assistant Secretary - Indian Affairs cc: Mr. Wilbur Horner William Taylor, III, Esq. Niels Holch, Esq. Dan Press, Esq. Jack Trope, Esq. Congressman Sherwood Boehlert ''.