CAYUGA NATION HEMP PLAN 

Established by the Cayuga Nation Council 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

INTRODUCTION 

The Agricultural Improvement Act of 2018 (the “Act”) provides an opportunity for 

Indian Nations to engage in hemp production following approval of a “Nation plan” submitted 

directly to the United States Department of Agriculture on a government-to-government basis 

and consistent with the federal government’s unique relationship with Indian Nations. 

The Act also recognizes that Indian Nations, not the federal government, can and should 

assume primary regulatory authority over hemp production within their jurisdictions. To assume 

that regulatory authority, the Indian Nation must submit a hemp plan to the USDA under which 

the Indian Nation monitors and regulates the production of hemp within its jurisdiction. An 

Indian Nation’s plan must contain the following: 

 A practice to maintain relevant information regarding land on which hemp is 

produced in the territory of the Indian Nation, including a legal description of the land, for a 

period of not less than three calendar years; 

 A procedure for testing, using post-decarboxylation or other similarly reliable 

methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the territory of 

the Indian Nation; 

 A procedure for the effective disposal of plants, whether growing or not, that are 

produced in violation of the Act and products derived from those plants; 

 A procedure to comply with enforcement as set forth in the Act; 

 A procedure for conducting annual inspections of, at a minimum, a random sample 

of hemp produced to verify that hemp is not produced in violation of the Act; 

 A procedure for submitting the information required by the Act, as applicable, to 

the USDA not more than 30 days after the date on which the information is received; and 

 A certification that the Indian Nation has the resources and personnel to carry out 

the practices and procedures described above. 

The Cayuga Nation (“Nation”) is a federally recognized Indian Nation, and meets the 

definition of an Indian Tribe eligible to participate in the production of hemp as defined in the 

Act. The Nation desires to have primary regulatory authority over the production of hemp in the 

territory of the Nation. The Cayuga Nation Hemp Plan has been drafted by the Nation to assert 

tribal sovereignty and to regulate hemp as an agricultural commodity in compliance with federal 

and Nation laws. Consistent and in compliance with the requirements of the Act, and the Interim 

Final Rules promulgated by the Department of Agriculture at 7 C.F.R. Part 990 et seq., the Nation 

hereby adopts the following Cayuga Nation Hemp Plan (the “Nation Plan”). 

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Section 1. Definitions 

“Applicant” means a person, or a person who is authorized to sign for a business entity, who 

submits an application to the Nation to participate in the Nation Plan. 

“Acceptable hemp THC level” means when a laboratory tests a sample, it must report the delta-9 

tetrahydrocannabinol content concentration level on a dry weight basis and the measurement of 

uncertainty. The acceptable hemp THC level for the purpose of compliance with the 

requirements of the Nation’s Hemp Plan is when the application of the measurement of 

uncertainty to the reported delta-9 tetrahydrocannabinol content concentration level on a dry 

weight basis produces a distribution or range that includes 0.3% or less. For example, if the 

reported delta-9 tetrahydrocannabinol content concentration level on a dry weight basis is 0.35% 

and the measurement of uncertainty is +/-0.06%, the measured delta-9 tetrahydrocannabinol 

content concentration level on a dry weight basis for this sample ranges from 0.29% to 0.41%. 

Because 0.3% is within the distribution or range, the sample is within the acceptable hemp THC 

level for the purpose of plan compliance. This definition of “acceptable hemp THC level” is not 

meant to affect either the statutory definition of hemp in the 2018 Farm Bill (codified at 7 U.S.C. 

§ 1639o(1)) or the definition of “marihuana” in the Controlled Substances Act (codified at 21 

U.S.C. § 802(16)). 

“Cannabis” means a genus of flowering plants in the family Cannabaceae of which Cannabis 

sativa is a species, and Cannabis indica and Cannabis ruderalis are subspecies thereof. Cannabis 

refers to any form of the plant in which the delta-9 tetrahydrocannabinol concentration on a dry 

weight basis has not yet been determined. 

“Conviction” means any plea of guilty or nolo contendere, or any finding of guilt, except when 

the finding of guilt is subsequently overturned on appeal, pardoned, or expunged. For purposes 

of the Nation’s Hemp Plan, a conviction is expunged when the conviction is removed from the 

individual’s criminal history record and there are no legal disabilities or restrictions associated 

with the expunged conviction, other than the fact that the conviction may be used for sentencing 

purposes for subsequent convictions. In addition, where an individual is allowed to withdraw an 

original plea of guilty or nolo contendere and enter a plea of not guilty and the case is 

subsequently dismissed, the individual is no longer considered to have a conviction. 

“Cultivating or cultivation” means planting, growing, producing, and harvesting a plant or crop 

for market. 

“DEA” means the United States Drug Enforcement Administration. 

“Decarboxylated” means the completion of the chemical reaction that converts THC-acid (“THCA”) into delta-9-THC, the intoxicating component of cannabis. The decarboxylated value is also 

calculated using a conversion formula that sums delta-9-THC and eighty-seven and seven tenths 

(87.7) percent of THC-A. 

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“Decarboxylation” means the removal or elimination of carboxyl group from a molecule or 

organic compound. 

“Delta-9 tetrahydrocannabinol or THC” means the primary psychoactive component of cannabis. 

For the Nation Hemp Plan, delta-9-THC and THC are interchangeable. 

“Dry weight basis” means the ratio of the amount of moisture in a sample to the amount of dry 

solid in a sample. A basis for expressing the percentage of a chemical in a substance after 

removing the moisture from the substance. Percentage of THC on a dry weight basis means the 

percentage of THC, by weight, in a cannabis item (plant, extract, or other derivative), after 

excluding moisture from the item. 

“Gas chromatography or GC” means a type of chromatography in analytical chemistry used to 

separate, identify, and quantify each component in a mixture. GC relies on heat for separating and 

analyzing compounds that can be vaporized without decomposition. 

“Geospatial location” means a location designated through a global system of navigational 

satellites used to determine the precise ground position of a place or object. 

“Handle or handling” means to harvest or store hemp plants or hemp plant parts prior to the 

delivery of such plants or plant parts for further processing. “Handle or handling” also includes the 

disposal of cannabis plants that are not hemp for purposes of chemical analysis and disposal of 

such plants. 

“Hemp” means the plant cannabis sativa L. and any part of that plant, including the seeds thereof 

and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether 

growing or not, with a delta-9 THC concentration of not more than 0.3 percent on a dry weight 

basis. “Hemp” includes hemp products. 

“Key participants” means a sole proprietor, a partner in partnership, or a person with executive 

managerial control in a corporation. A person with executive managerial control includes persons 

such as a chief executive officer, chief operating officer and chief financial officer. This 

definition does not include non-executive managers such as farm, field, or shift managers. 

“Licensee” means an individual or business entity possessing a license issued by the Nation to 

cultivate, handle, produce, or process hemp. 

“Nation” means the Cayuga Nation, a federally recognized Indian nation. 

“Negligence” means the failure to exercise the level of care that a reasonably prudent person 

would exercise in complying with this Nation Plan. 

 “Phytocannabinoid” means cannabinoid chemical compounds found in the cannabis plant, two of 

which are delta-9 THC and cannabidiol (“CBD”). 

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“Lot” means a contiguous area in a field, greenhouse, or indoor growing structure containing the 

same variety or strain of hemp throughout the area. 

“Postdecarboxylation” means in the context of testing methodologies for THC concentration 

levels in hemp a value determined after the process of decarboxylation that determines the total 

potential delta-9 THC content derived from the sum of the THC and THC-A content and reported 

on a dry weight basis. The postdecarboxylation value of THC can be calculated by using a 

chromatograph technique using heat, gas chromatography, through which THC-A is converted 

from its acid form to its neutral form, THC. Thus, this test calculates the total potential THC in a 

given sample. The postdecarboxylation value of THC can also be calculated by using a highperformance liquid chromatograph technique, which keeps the THC-A intact, and requires a 

conversion calculation of that THC-A to calculate total potential THC in a given sample. 

“Process” or “processing” means converting an agricultural commodity into a marketable form. 

“Produce” or “producing” means to grow hemp plants for market, or for cultivation for market, in 

the United States. 

“Producer” shall mean any individual or entity licensed or authorized under the Nation Plan to 

cultivate, handle, produce, or process hemp. 

“Prohibited variety” means a variety or strain of hemp excluded from the Territory. 

“Territory” means “Indian Country” as defined in 18 U.S.C. 1151 and shall include all those lands 

within the boundaries of the Cayuga Nation reservation. 

“USDA” means the United States Department of Agriculture. 

“Variety” means a subdivision of a species that is uniform, in the sense that the variations in 

essential and distinctive characteristics are describable, stable, in the sense that the variety will 

remain unchanged in its essential and distinctive characteristics and its uniformity if reproduced or 

reconstituted as required by the different categories of varieties, and distinct, in the sense that the 

variety can be differentiated by one or more identifiable morphological, physiological, other 

characteristics from all other publicly known varieties, or other characteristics from all other 

publicly known varieties. 

Section 2. Licensing 

2.1 Application 

(a) Any person producing or intending to produce hemp on the Territory must have a 

valid license prior to producing, cultivating, handling, processing, or storing hemp. A valid license 

means the license is unexpired, unsuspended, and unrevoked. Any person who does not hold a 

valid license from the Nation shall not produce, cultivate, handle, process, or store hemp on the 

Territory. 

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(b) Any person who wishes to engage in the cultivating, handling, or processing of 

hemp on the Territory, including employees and contractors, shall submit to the Nation annually a 

complete license application. An applicant must be at least 18 years of age. 

(c) Applicants must submit a complete application to the Nation before the application 

will be accepted or considered. All applications must be complete in every material detail. All 

applications must include all attachments or supplemental information required by the current 

forms supplied by the Nation. The application and attached materials will become the property of 

the Nation. A license must be renewed annually. 

(d) The Nation may impose a fee to cover the costs of licensing and regulation. If 

imposed, all applications must be accompanied by a full remittance for the whole amount of the 

fee. The Nation may refuse to accept an incomplete application or an application without the 

required fee. 

(e) An applicant shall submit, at a minimum, his or her full name, mailing address, 

telephone number, and email address. If the applicant represents a business entity, the applicant 

shall submit the full name of the business, the jurisdiction of formation, the principal business 

address, the full name of the person who will have the power to bind the entity, his or her title and 

email address, and the employer identification number (“EIN”) of the business. The applicant 

must also submit the legal description of the area where hemp will be cultivated, handled, 

produced, or processed. Any application that is missing required information may be denied. 

(f) All applicants for initial licensure shall provide a photograph and be fingerprinted 

for a fingerprint-based criminal history record check. A renewal applicant must provide a 

photograph and be fingerprinted if requested by the Nation. Any applicant may be required to 

establish his or her identity and age by official documents. Applicants may be required to sign an 

authorization to release information as prescribed by the Nation. All applicants shall undergo and 

pay for an annual criminal background check. A temporary license may be issued pending 

completion of the criminal background check. Licenses are not automatically renewed. 

(g) A license modification is required if there is any change to the information 

submitted in the application including, but not limited to, sale of a business, the production, 

handling, or storage of hemp in a new location, or a change in the key participants producing 

under a license. 

(h) The Nation reserves the right to deny a license for any reason. 

(i) Licenses may not be transferred or assigned. 

2.2 Badges 

(a) The Nation shall assign each producer with a license or authorization identifier in a 

format prescribed by USDA. Licenses may not be sold, assigned, transferred, pledged, or otherwise 

disposed of, alienated or encumbered. 

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(b) All licensed persons will receive a badge. The badge may be the license. The 

Nation shall acquire a machine for making picture identification badges that will include license 

numbers. All persons in a hemp production area shall display on his or her chest a license 

identification badge or a visitor badge at all times. A licensee shall not alter, obscure, damage, or 

deface the badge in any manner. All badges will remain the property of the Nation and may be 

suspended or revoked for violation of this Nation Plan or other Nation law. 

2.3 False Statements 

(a) All applicants shall submit information to the Nation in a full, faithful, truthful, and 

fair manner. The Nation will deny an application where the applicant has made intentional or 

purposeful misstatements, omissions, misrepresentations, or untruths in the application or in 

connection with the applicant’s background investigation. This type of conduct may be considered 

as the basis for additional administrative action against the applicant and it may also be the basis 

for criminal charges against the applicant. 

(b) An applicant shall not have and shall not make any false statements or 

representations to a representative of the Nation or a law enforcement agency. 

2.4 Hemp Production and Record Keeping 

(a) The Nation shall collect, maintain, and report to the USDA relevant, real-time 

information for each producer licensed or authorized to produce hemp on the Territory. This 

information shall include: 

(1) For each new producer who is an individual and is licensed or authorized 

under the Nation Plan, the full name of the individual, license or 

authorization identifier, business address, telephone number, and email 

address (if available); 

(2) For each new producer that is an entity and is licensed or authorized under 

the Nation Plan, the full name of the entity, the principal business location 

address, license or authorization identifier, and the full name, title, and 

email address (if available) of each key participant; 

(3) A legal description of the land on which the producer will produce hemp on 

the Territory, including, to the extent practicable, its geospatial location; and 

(4) The status and number of the producer’s license and authorization. 

(b) Producers shall maintain records of all hemp plants acquired, produced, handled, or 

disposed of as will substantiate any required reports. All records and reports shall be maintained 

for at least three years. 

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(c) All records shall be made available for inspection by the Nation’s inspectors, 

auditors, or their representatives during reasonable business hours. The following records must be 

made available: 

(1) Records regarding acquisition of hemp plants; 

(2) Records regarding production and handling of hemp plants; 

(3) Records regarding storage of hemp plants; and 

(4) Records regarding disposal of all cannabis plants that do not meet the 

definition of hemp. 

(d) All reports and records required to be submitted to the Nation or USDA which 

include confidential data or business information, including but not limited to information 

constituting a trade secret or disclosing a trade position, financial condition, or business operations 

of the particular licensee or their customers, shall be received by, and at all times kept in the 

custody and control of, one or more employees of the Nation or USDA or their representatives. 

Confidential data or business information may be shared with applicable federal, state, tribal, or 

local law enforcement or their designee in compliance with the Agricultural Marketing Act of 

1946, as amended. 

(e) The Nation may limit the size, location, capacity, and hours of operation of hemp 

production areas depending on adverse impacts on the Nation, environment, and surrounding area. 

Authorized representatives of the Nation and Nation law enforcement may enter hemp production 

areas at any time for any reason to inspect said areas. 

(f) Hemp shall not be cultivated, handled, produced, or processed in or adjacent to any 

structure that is used for residential purposes or within 1,000 feet of a school, church, or public 

recreation area. 

2.5 License Suspension 

(a) The Nation may issue a notice of suspension to a producer if the Nation or its 

representative receives some credible evidence establishing that a producer has engaged in 

conduct violating a provision of the Nation Plan or failed to comply with a written order from the 

Nation related to negligence as defined herein. 

(b) Any producer whose license has been suspended shall not handle or remove hemp 

or cannabis from the location where hemp or cannabis was located at the time when the Nation 

issued its notice of suspension, without prior written authorization from the Nation. 

(c) Any person whose license has been suspended shall not produce hemp during the 

period of suspension. A producer whose license has been suspended may be required to complete 

a corrective action plan to fully restore the license. 

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2.6 License Revocation 

The Nation shall immediately revoke the license of a hemp producer if such producer 

pleads guilty to, or is convicted of, any felony related to a controlled substance, made any 

materially false statement with regard to the Nation Plan to the Nation or its representatives with a 

culpable mental state greater than negligence, is found to be growing cannabis exceeding the 

acceptable hemp THC level with a culpable mental state greater than negligence, or has 

negligently violated the Nation’s Hemp Plan three times within five years. An exception applies 

to a hemp producer that was lawfully growing hemp under the 2014 Farm Bill before December 

20, 2018, and whose conviction also occurred before that date. 

Section 3. Inspection and Sampling 

3.1 Annual Inspections 

The Nation shall conduct annual inspections of, at a minimum, a random sample of hemp 

to verify that hemp is not produced in violation of the Act or the Nation Plan. 

3.2 Selecting Samples for Testing 

(a) The delta-9-THC content for hemp produced pursuant to the Nation Plan shall not 

exceed the acceptable hemp THC level. The Nation will test all hemp produced for THC 

compliance. The Nation will inspect and sample 100% of all hemp lots to be harvested. 

(b) The method used for sampling from the flower material of the cannabis plant must 

be sufficient at a confidence level of 95% that no more than 1% of the plants in the lot would 

exceed the acceptable hemp THC level. The method used for sampling must ensure that a 

representative sample is collected that represents a homogeneous composition of the lot. Samples 

of hemp plant material from one plot shall not be commingled with hemp plant material from 

other lots. 

3.3 Collection of Samples 

(a) The hemp to be selected for sampling shall be determined by a representative of the 

Nation. The Nation shall collect, handle, and retain samples from each plot in accordance with the 

Nation Plan. All samples become the property of the Nation and are non-returnable. The material 

selected for sampling will be determined by the Nation, not the producer. 

(b) A producer shall report in writing to the Nation at least 15 days before an expected 

harvest date a crop is about to be harvested. The Nation’s receipt of a harvest notification triggers a 

site inspection and sample collection by a Nation inspector. 

(c) An inspector shall contact the producer to confirm the field’s location and schedule 

a time for inspection and sample collection prior to harvest. During a scheduled sample collection, 

the producer or an authorized representative of the producer shall be present at the growing site. 

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(d) Nation inspectors shall be provided with complete and unrestricted access to all 

hemp, and other cannabis plants, if any, whether growing or harvested, and all land, buildings, and 

other structures used for the cultivation, handling, producing, processing, or storage of hemp and 

other cannabis plants, if any, and all locations listed in the producer license. 

(e) A separate sample must be taken from each non-contiguous plot of a given variety. 

A separate sample must be taken for each variety. Samples shall be secured in a paper bag (to 

allow for air-drying during transport). 

(f) Cuttings will be collected to make one representative sample. The Nation inspector 

shall clip the top 20 cm of the hemp plant’s flower, including female floral material. The Nation 

inspector shall take cuttings from at least five hemp plants within the plot and place the complete 

sample in a paper bag. The bag shall be sealed by folding over the top once and stapling the bag 

shut. The sample will be transported to the Nation for drying and storage. 

(g) The Nation inspector shall label the sample container with a sample ID. The sample 

ID must include the last four numerical digits of the license number, date (MMDDYY), and a twodigit sequential sample number assigned by the inspector. 

(h) The sample shall be transported to the Nation for storage in a secure area. The 

entire sample will be sent to the testing lab for analysis. 

(i) A producer shall not harvest any crop prior to samples being taken. The producer 

shall then harvest the crop not more than 15 days following the date of sample collection by the 

Nation. If the producer fails to complete the harvest within 15 days of sample collection, a 

secondary sample of the lot shall be required to be submitted for testing. The cost of all testing 

shall be paid by the producer. 

(j) Harvested lots of hemp plants shall not be commingled with other harvested lots or 

other material without prior written permission from the Nation. Floral materials harvested for 

phytocannabinoid extraction shall not be moved beyond the processor, or commingled, or 

extracted, until the Nation releases the material. 

(k) The licensee shall be notified within 30 days of sampling of the status of the testing 

and eligibility of the harvested materials to leave the Territory and/or move into market. Any 

producer may request additional testing at its cost if it is believed that the original delta-9 THC 

concentration level test results were in error. 

3.4 Testing Procedures 

(a) Testing shall be completed by a DEA-registered testing lab not affiliated with any 

producer on the Territory. Test results will be reported to the Nation. 

(b) The testing must be able to accurately identify whether the sample contains a delta9 THC content concentration level that exceeds the acceptable hemp THC level. The procedure 

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must include a validated testing methodology that uses postdecarboxylation or other similarly 

reliable methods. The testing methodology must consider the potential conversion of THC-A in 

hemp into THC and the test result measures total available THC derived from the sum of the THC 

and THC-A content. Testing methodologies meeting the requirements of this Section include gas 

or liquid chromatography with detection. The total THC concentration level shall be determined 

and reported by a dry weight basis. 

(c) Any test of a representative sample resulting in higher than the acceptable hemp 

THC level shall be conclusive evidence that the lot represented by the sample is not in compliance 

with the Nation Plan. Plots tested and not certified by the DEA-registered lab at or below the 

acceptable hemp THC level may not be further handled, processed, or enter the stream of 

commerce. The Nation shall ensure the lot is disposed of in accordance with the Nation’s Hemp 

Plan and with the Controlled Substances Act and DEA regulations. The Nation will notify USDA 

of its intent to dispose of non-conforming plants and verify disposal by submitting required 

documentation. 

(d) Analytical testing for purposes of detecting the concentration levels of THC shall 

meet the following standards: 

(1) Laboratory quality assurance must ensure the validity and reliability of test 

results; 

(2) Analytical method selection, validation, and verification must ensure that 

the testing method used is appropriate (fit for purpose), and that the 

laboratory can successfully perform the testing; 

(3) The demonstration of testing validity must ensure consistent, accurate 

analytical performance; 

(4) Method performance specifications must ensure analytical tests are 

sufficiently sensitive for the purposes of the detectability requirements of 

the Nation Plan; and 

(5) An effective disposal procedure for hemp plants that are produced that do 

not meet the requirements of the Nation Plan. The Nation will be in 

accordance with DEA reverse distributor regulations found at 21 CFR § 

1317.15, as amended. 

(e) Measurement of uncertainty must be estimated and reported with test results. 

Laboratories shall use appropriate, validated methods and procedures for all testing activities and 

evaluate measurement of uncertainty. 

(f) The Nation shall promptly notify the USDA by certified mail or electronically of 

any occurrence of cannabis plants or plant material that do not meet the definition of hemp in the 

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Nation Plan and attach the records demonstrating the appropriate disposal of all of those plants 

and materials in the lot from which the representative samples were taken. 

Section 4. Disposal of Plants 

4.1 Disposal Based on Test Results 

(a) In the event test results show an acceptable hemp THC level greater than permitted 

hereunder, that harvest must be segregated from other harvested plots and remain segregated. Leaf 

and floral material from the harvest of that lot must then be destroyed. 

(b) If a variety is designated as a prohibited variety, the Nation shall require the 

licensee to surrender without compensation the entire harvest and any unharvested crop, any live 

plants, and all germplasm of this variety to the Nation for destruction by composting or burning. 

(c) If the Nation reasonably believes the producer intended to grow hemp with a delta9 THC concentration in excess of the acceptable hemp THC level, the Nation may suspend or 

revoke a license, exclude the licensee from the Territory, and report the matter to the USDA. 

4.2 Destruction 

(a) The Nation shall destroy hemp found to have an acceptable hemp THC level 

greater than permitted hereunder, hemp located in an area that is not licensed by the Nation, or 

hemp not properly accounted for in required reporting to the Nation or USDA. 

(b) So long as in compliance with the Controlled Substances Act and DEA 

regulations, hemp may be destroyed by burning or by composting where it is made unusable and 

rendered indistinguishable from any other plant material. 

4.3 Hemp Production and Record Keeping 

(a) The Nation shall collect, maintain, and report to the USDA relevant, real-time 

information for all hemp produced on the Territory, including the Hemp Disposal Report and Test 

Results Report, as set forth at 7 CFR 990.70(b) and (c). This information shall include a legal 

description of the land on which the producer will produce hemp on the Territory, including, to 

the extent practicable, its geospatial location; and 

(1) The status and number of the producer’s license and authorization. 

(b) Producers shall maintain records of all hemp plants acquired, produced, handled, 

or disposed of as will substantiate any required reports. All records and reports shall be 

maintained for at least three years. 

(c) All records shall be made available for inspection by the Nation’s inspectors, 

auditors, or their representatives during reasonable business hours. The following records must be 

made available: 

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(1) Records regarding acquisition of hemp plants; 

(2) Records regarding production and handling of hemp plants; 

(3) Records regarding storage of hemp plants; and 

(4) Records regarding disposal of all cannabis plants that do not meet the 

definition of hemp. 

(d) All reports and records required to be submitted to the Nation or USDA pursuant 

hereto which include confidential data or business information, including but not limited to 

information constituting a trade secret or disclosing a trade position, financial condition, or 

business operations of the particular licensee or their customers, shall be received by, and at all 

times kept in the custody and control of, one or more employees of the Nation or USDA or their 

representatives. Confidential data or business information may be shared with applicable federal, 

state, Nation, or local law enforcement or their designee in compliance with the Agricultural 

Marketing Act of 1946, as amended. 

(e) The Nation may limit the size, location, capacity, and hours of operation of hemp 

production areas depending on adverse impacts on the Nation, environment, and surrounding 

area. Authorized representatives of the Nation and Nation law enforcement may enter hemp 

production areas at any time for any reason to inspect said areas. 

(f) Hemp shall not be cultivated, handled, produced, or processed in or adjacent to any 

structure that is used for residential purposes or within 1,000 feet of a school, church, or public 

recreation area. 

Section 5. Enforcement Procedures 

5.1 Negligent Violation 

(a) A hemp producer on the Territory shall be subject to a corrective action plan if the 

hemp producer negligently fails to provide a legal description of land on which hemp is 

cultivated, handled, or processed, negligently fails to obtain a license or other required 

authorization to produce hemp, or negligently produces hemp with an acceptable hemp THC level 

greater than permitted hereunder, provided however it is not a negligent violation if the hemp 

producer makes reasonable efforts to grow hemp with a THC concentration of not more than 

0.5%. 

(b) A hemp producer subject to a corrective action plan shall comply with such plan to 

correct the negligent violation and the plan shall include, at a minimum, (1) a reasonable date by 

which the hemp producer shall correct the negligent violation, (2) steps to correct each negligent 

violation, and (3) a requirement that the hemp producer shall periodically report to the Nation on 

compliance of the hemp producer with Nation law related to hemp for a period of not less than the 

next two calendar years from the date of the negligent violation. The Nation shall conduct an 

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inspection to determine if the corrective action plan has been implemented as submitted. If a 

subsequent violation occurs while a corrective action plan is in place, a new corrective action plan 

must be submitted with a heightened level of quality control, staff training, and quantifiable action 

measures. 

(c) A hemp producer that negligently violates Nation law related to hemp shall not as a 

result of that violation be subject to any criminal enforcement action. A hemp producer that 

negligently violates Nation law related to hemp three times in a five-year period shall be ineligible 

to cultivate, handle, produce, or process hemp on the Territory for a period of five years beginning 

on the date of the third violation. 

5.2 Other Violations 

If the Nation determines that a hemp producer has violated Nation law related to hemp with 

a culpable mental state greater than negligence, the Nation shall immediately report the producer 

to the U.S. Attorney General and the chief law enforcement officer of the Nation, as applicable. 

5.3 Felony Conviction 

A person with a felony conviction relating to a controlled substance is subject to a 10-year 

ineligibility restriction on producing hemp hereunder from the date of the conviction. An 

exception applies to a person who was lawfully growing hemp under the 2014 Farm Bill before 

December 20, 2018, and whose conviction also occurred before that date. For producers that are 

entities, key participants of the producer will be subject to the felony conviction restriction for 

purposes of this Nation Plan. 

5.4 False Statement 

Any person who materially falsifies any information contained in an application to produce 

hemp on the Territory shall be ineligible to produce hemp on the Territory. 

5.5 Site Access and Reporting 

(a) The Nation shall provide information about licensed cultivating, handling, 

producing, and processing site locations to representatives of federal law enforcement as 

requested. 

(b) Licensed producers shall have no reasonable expectation of privacy with respect to 

buildings or sites where hemp is located. A licensed producer, whether present or not, shall permit 

a representative of the Nation or Nation law enforcement to enter premises where hemp is located 

with or without cause and with or without advanced notice. 

(c) The Nation shall submit to the USDA, not more than 30 days after the date on 

which the information is received, contact information for each hemp producer including name, 

telephone number, email address, mailing address, a legal description for each plot, field, facility, 

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or other place where hemp is licensed to be cultivated, handled, produced, or processed, and for 

each hemp producer the status of his, her, or its license. The National shall also submit to the 

USDA any changes in the above listed information within 30 days after the date of receipt of 

changes to the information from a hemp producer. 

(d) All hemp must be cultivated, handled, produced, and processed in a secure area 

located on the Territory. The secure area must be enclosed with a fence and may only be accessed 

by licensed persons, authorized visitors, emergency personnel, and law enforcement. Signs should 

be posted throughout the area that read: “THIS IS HEMP (not marijuana)” or words to that effect. 

Other signs should be posted that read: “DO NOT ENTER” or words to that effect. All areas of 

ingress and egress to the enclosed area shall be locked. Failure to comply with the following may 

be grounds for license suspension, revocation, or denial. 

(e) All areas where hemp is cultivated, handled, produced, or processed must be 

kept in a clean, orderly, and sanitary condition. Litter and waste must be properly stored and 

removed. 

(f) No person shall disclose confidential information, which is information not 

generally known to the public, unless required to do so by applicable law. Licensees shall not 

obtain or utilize confidential information the licensee is not lawfully entitled to acquire or possess. 

(g) All producers licensed to produce hemp on the Territory shall report hemp crop 

acreage with the USDA Farm Service Agency and shall provide, at minimum, the following 

information: 

(1) Street address and, to the extent practicable, geospatial location for each lot 

or greenhouse where hemp will be produced. If a producer operates in more 

than one location, that information shall be provided for all production 

sites; 

(2) Acreage dedicated to the production of hemp, or greenhouse or indoor 

square footage dedicated to the production of hemp; and 

(3) License or authorization identifier. 

(h) All producers licensed to produce hemp on the Territory shall also report to the 

Nation total acreage of hemp planted, harvested, and, if applicable, disposed. The Nation shall 

collect this information and report it to the USDA Agricultural Marketing Service. 

5.6 Auditing 

(a) Producers may be audited by the Nation. The audit may include a review of 

records and documentation, and may include site visits to farms, fields, greenhouses, storage 

facilities, or other locations affiliated with the producer's hemp operation. The inspection may 

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include the current crop year, as well as any previous crop year(s). The audit may be performed 

remotely or in person. 

(b) Audit verifications may be performed once every three years unless otherwise 

determined by the Nation. If the results of the audit find negligent violations, a corrective action 

plan must be established. 

(c) The producer’s operational procedures, documentation, and recordkeeping, and 

other practices, may be verified during the onsite audit verification. The auditor may also visit the 

production, cultivation, or storage areas for hemp listed on the producer’s license. 

(d) The auditor shall assess whether required reports, records, and documentation are 

properly maintained for accuracy and completeness. 

(e) Audit reports will be issued to the licensee within 60 days after the audit is 

concluded. If the Nation determines under an audit that the producer is not compliant, the Nation 

shall require a corrective action plan. The producer’s implementation of a corrective action plan 

may be reviewed by the Nation during a future site visit or audit. 

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