PRP.10.1.070 Interpretation

The provisions of this Code:

(a) Shall be interpreted and applied as minimum requirements applicable to the leasing of trust lands subject to this Code;

(b) Shall be liberally construed in favor of the Tribe;

(c) Shall not be deemed a limitation or repeal of any other tribal power or authority;

(d) Shall be liberally interpreted and construed to implement the Helping Expedite and Advance Tribal Home Ownership Act of 2012 ("HEARTH Act"), 15 U.S.C. § 415, by establishing a process which shall not require the approval of the Secretary of the Interior if the lease is executed pursuant to the terms of this Code.

(e) Shall not be deemed to expand or limit the authority or responsibility of the Secretary of Interior beyond that provided for under applicable federal statutes or regulations.

(f) Shall be interpreted to be in accordance with tribal customary law. Whenever there is uncertainty or a question as to the interpretation of certain provisions of this Code, tribal law and custom shall be controlling, and where appropriate, may be based on the written or oral testimony of a qualified tribal elder, tribal historian, or tribal representative. If the traditions and customs of the Tribe are inconclusive in any matter, the Court may use tribal law, federal law.