The title of this chapter shall be the "Real Property Acquisition
Code."
The purpose of this chapter is to provide a legal framework
for the acquisition of real property by the Tribe to assure compliance
with applicable tribal plans for the acquisition and use of land,
to comply with relevant provisions of the Small Business Liability
Relief and Brownfields Revitalization Act, being HB 2869 of 2001 (Brownfields
Revitalization Act), and, when appropriate, to facilitate the eventual
transfer of legal title of real property to be held in trust for the
Tribe by the United States.
For the purposes of this chapter, the following definitions
will be used:
ALL APPROPRIATE INQUIRIES
The process of evaluating a property's environmental
conditions and assessing potential liability for any contamination
in accordance with the requirements prescribed in 40 CFR Part 312.
BROWNFIELD SITE
Real property, the expansion, redevelopment or reuse of which
may be complicated by the presence of a recognized environmental condition,
including any hazardous substance, pollutant or contaminant.
CONTAMINANT
A controlled substance as defined in Section 102 of the Controlled
Substances Act (21 U.S.C. § 802); petroleum or a petroleum
product; any substance identified by the Environmental Department
of the Tribe, as established by tribal ordinance or pursuant to Section
302 of the EPCRA; a chemical determined to be hazardous pursuant to
29 CFR 1919.1200(c) of the OSHA Hazard Communication Standard.
CONTIGUOUS PROPERTIES
Two parcels of land having a common boundary line. Contiguous
does not include corner contiguity, when parcels of land only have
angle points in common.
ENCUMBRANCE
A limitation on the title of real property, such as a claim,
lien, easement, charge or restriction on use of any kind.
ENVIRONMENTAL PROFESSIONAL
A staff person within the Tribe's Environmental Department
who meets the standards for "environmental professionals" defined
in 40 CFR Part 312, who is designated by the Tribe to conduct the
real estate survey of any real property being evaluated for potential
acquisition, and who is responsible for completing the Real Estate
Survey Form and performing a Phase I Environmental Site Assessment
consistent with current ASTM standards. The staff person designated
to perform the functions of the Environmental Professional shall,
at all times, possess sufficient specific education, training and
experience necessary to exercise professional judgment to develop
opinions and conclusions regarding conditions indicative of releases
or threatened releases on contaminants on property the Tribe is evaluating
for potential acquisition.
GROUNDWATER
Subsurface water that occurs naturally within an aquifer
and is available or potentially available for use by the Tribe.
REAL ESTATE SURVEY FORM
The document to be used by the Environmental Professional
before every tribal land purchase as a screening tool for assessment
of the prospective property to determine whether any contamination
exists and whether the land is suitable for its intended use.
RESERVATION
The Pine Creek Reservation and any other lands which the
United States holds in trust for the benefit of the Tribe and which
have been acknowledged as reservation lands by proclamation of the
Secretary.
SECRETARY
The Secretary of the Department of the Interior or his/her
authorized representative.
TRIBE
The Nottawaseppi Huron Band of the Potawatomi Indians.
TRUST TRANSFER
The act or process by which the Secretary acquires title
to real property to be held in trust by the United States on behalf
of the Tribe.