A. An
assignment does not vest title to assigned land in the assignee but
is a use right granted to him or her by the Tribal Business Council,
which may be inherited and which terminates upon relinquishment or
cancellation of the assignment for non- use/abandonment for the period
of six months.
B. An
assignment may not be sold, transferred, assigned, or exchanged without
the approval of the Tribal Business Council.
C. In
the event of an assignee's death, the assigned property can be inherited
by a member of the immediate family, but the Tribal Business Council
reserves the expressed right to grant preference in the reassignment
of the property to the surviving spouse or children provided they
are otherwise eligible to receive an assignment under the provisions
of this assignment ordinance. A surviving spouse who is ineligible
for an assignment under the provision of this assignment ordinance
but who is responsible for the care of minor children may be granted
the privilege of occupancy of the property for such period of time
as determined proper by the Tribal Business Council.
D. An
assignee may relinquish his or her assignment at any time by giving
written notice to the Tribal Business Council.
E. Leases,
easements, or rights-of-way of Tribally Owned and Assignable Lands
are subject to Federal laws and regulations and may be granted only
with the consent of the Tribal Business Council and the approval of
the Secretary of the Interior or his authorized representative.
F. Improvements
of the following character placed on the assigned land by the assignee
shall be considered as personal property which may be removed, sold,
bequeathed, willed, or inherited at the discretion of the assignee:
owner purchased houses, garages, barns, sheds, crops, household items
and personal belongings. Other improvements such as Tribally purchased
houses, fences, underground water and sewage systems, trees, shrubs,
and betterments of similar nature attached to the land, even though
placed on the property by the assignee, shall be considered part of
the real property belonging with the land and shall remain on the
assignment unless their removal is authorized by the Tribal Business
Council.
G Houses
originally constructed by the Government and located on assignment
do not become a part of the personal property belonging to the assignee
living in these houses.
H. If
the assignment is relinquished or canceled, the removable improvements
of the assignee defined in paragraphs F of this Article must be removed
or otherwise disposed of within 30 days after formal written notice
to him or her by the Tribal Business Council; otherwise said improvements
become a part of the real property, title in them vest with the land,
and they become available for assignment along with the land.
I. During
the absence of the assignee, said assignee may with the prior approval
of the Tribal Business Council allow another Indian who is eligible
to receive assignment under the provisions of this ordinance to occupy
the vacated premises for a period not to exceed one year; provided,
that the Tribal Business Council may grant successive extensions of
like duration. The Tribal Business Council at their discretion may
charge the approved occupant rent for the use of the premises under
terms mutually agreed upon between the parties involved; the original
assignee may not charge or receive rent of any kind.
J. The
Tribal Business Council may at its discretion grant privileges of
temporary occupancy to Indians not having a valid assignment or to
such other classes of persons as may be defined by the Tribal Business
Council. Terms of such temporary occupancy shall be as mutually agreed
upon between the tribal business Council and the improved occupation;
provided, that said terms shall be reduced to writing and shall include
the following covenants:
1.
That the approved occupant agrees to pay a certain monthly rental
to the accounting office for deposit in the Rancheria account.
2.
That the approved occupant agrees not to commit any of the violations
set forth in paragraphs A., Article VI (Procedure for canceling
assignment and removing persons from Rancheria), of this assignment
ordinance.
3.
That any violations of the foregoing two covenants shall be grounds
for removal of the approved occupant in accordance with provisions
of this assignment ordinance.
4.
That the approved occupant may attend all meetings of the Tribal
Business Council as a guest and without voting privileges.
K. Except
for those persons who are qualified under Paragraph C, I, J of this
Article or who are in residence with an assignee as one of the members
of that assignee's household, no person shall reside on Tribally owned
and assignable land who is not eligible for assignment under provisions
of this assignment ordinance. All persons in residence on tribally
owned and assignable land in violation of this prohibition are hereby
declared trespassers.
A. An
assignment may be subject to cancellation by the Tribal Business Council
in the event the assignee, his or her guests, invitees, or members
of his or her household commit any of the following violations:
1.
Transferring, assigning, or exchanging an assignment without the
approval of the Tribal Business Council.
2.
Illegally granting leases, easements, or rights-of-way.
3.
Removing improvements, which are part of the real property without
authority from the Tribal Business Council.
4.
Allowing vacated premises to be occupied by other without the prior
approval of the Tribal Business Council.
5.
Failing to occupy the premises for six (6) consecutive months.
6.
Using the premises for unlawful purposes.
7.
Disturbing the peace by engaging in excessive drinking or use of
drugs or other obnoxious behavior anywhere within the territory
of the Blue Lake Rancheria.
8.
Failing to comply with any of the duly approved ordinances of the
Blue Lake Rancheria.
B. The
Tribal Business Council shall review the use of all tribally owned
and assignable lands on a continuing basis and shall have the Secretary-Treasurer
report any violation to the Tribal Business Council. In any event,
it shall be the Secretary-Treasurer's duty to report to the Tribal
Business Council at intervals not more that one year apart as to whether
or not there are any instances of failure to occupy assigned lands
for six (6) months.
C. The
Tribal Business Council shall act on each reported violation of this
assignment ordinance. With respect to assigned lands, the Tribal Business
Council may grant the assignee a specified period in which to take
corrective action in lieu of cancellation. If the Tribal Business
Council deems a violation sufficiently serious, it may order as its
remedy the cancellation of an assignment or removal (temporary or
permanently of any person from the territory of the Blue Lake Rancheria,
or both, but in so ordering must adhere to the following procedure:
1.
The Tribal Business Council shall use certified mail, return receipt
requested, to serve written notice upon the alleged violator of
the remedy proposed. Said notice shall cover all of these items:
a.
The nature of all alleged violations in reasonable detail;
b.
The remedy proposed, whether cancellation, removal, or both;
c.
Advice that the alleged violator has not less than thirty (30)
days in which to show cause to the Tribal Business Council why
the remedy proposed should not be carried out;
d.
Invitation to the alleged violator to attend a hearing before
the General Council at a specified place and date scheduled not
less than thirty (30) days from the date of the notice;
e.
Advice that the alleged violator has the right to be represented
by legal counsel of his or her choice at his sole expense.
2.
The General Council shall conduct a hearing at the scheduled time
and place and immediately, may make its final decision whether or
not the alleged violator or his or her representative appears, if
the good cause has not been shown at the time for the non-appearance.
3.
When the General Council upon hearing and after due deliberation
has reached its final decision, such decision shall be confirmed
in a letter issued by the Tribal Business Council and directed to
the alleged violator by certified mail, return receipt requested.
The letter shall cover all of these items: The nature of the decision,
setting out whether the alleged violator has been found innocent
or guilty, and in the event of a finding of guilty, the exact remedy
that is to be carried out, and the period of time allowed for removing
or otherwise disposing of personal property, which period shall
be not less that 90 days form the date of the letter for assignees
and not less than 30 days for all other persons.