It is the policy of the Tribe that all residential lot leases
are intended for homestead purposes.
Applicants requesting permission to lease a lot on tribal trust
lands must be tribal members and declare their intent to use the lot
to build a home as their primary residence.
A tribal member requesting a leasehold estate for a specific
lot must submit a written application to the Housing Department in
the form issued and approved by the Tribal Council. The written request
should include the following information:
A. Applicant's demonstrated ability to arrange necessary financing
to build a residence meeting applicable building codes and standards.
B. Applicant is not in default or delinquency of any debt to the Tribe
or any of its subdivisions or instrumentalities.
C. Sufficient personal identifying information regarding the applicant
and household members to permit the Housing Department to determine
that neither the applicant or other proposed household members have
a criminal record of felonies related to sexual crimes or criminal
sexual conduct, where the perpetrator was an adult at the time the
crime was committed, and/or are not registered in any jurisdiction's
list of sexual offenders.
D. Identification of the lot or lots the applicant would like to lease.
If one household member is determined to be ineligible or unsuitable, the application is rejected in its entirety. If an applicant or household member is determined ineligible under §
9.3-9, a written notice of the determination and the grounds for the determination shall promptly be sent to the applicant. The notice shall advise the applicant(s) of the right to appeal to the Tribal Court. The request for appeal must be submitted within fifteen (15) calendar days of the date the notice was mailed. The Tribal Court shall hold a hearing within fourteen (14) days of the request. After the hearing, the Tribal Court shall provide a written decision within ten (10) days, which shall include the findings of facts and decisions. The decision of the Tribal Court shall be final and may not be appealed to the Tribal Supreme Court.
The Housing Department shall rank applicants for a lot assignment
by the following criteria to present for determination and approval
by the Tribal Council.
A. Applicant's request should specify the lot number requested
and shall identify all household members. The Housing Department,
upon receiving such request, shall post the request on the Tribal
Council's Internet site and physically at the Administration
Building on the Pine Creek Reservation and Northern Office by presenting
such notice to the main receptionist or other person responsible for
posting notices for the building or office. The posting shall include
the applicant's name and the names of all household members.
The Housing Department is mandated to personally notify any subsequent
applicant who, within the posting period, files a request for the
lot number covered in the notice. The posting period shall be twenty
(20) days. Upon the expiration of the posting period, the Housing
Department shall issue a certification that the posting period has
expired and that no additional applications regarding the same lot
were received during such posting period. The Housing Department will
not accept a request filed by an applicant who currently holds a lease
on another lot upon tribal trust lands.
B. If no additional applicants request the same lot, the Housing Department
will issue a recommendation to the Tribal Council to approve the requested
lot and continue with the lease process.
C. If during the posting period a new applicant requests the same lot,
the Housing Department should submit a copy of the new applicant's
request to the Tribal Council for a final decision as to who will
be granted a lease for the lot in question.
D. When determining which applicant will be approved to lease a disputed
lot, the Tribal Council shall take into consideration the following
factors:
(1) Readiness to complete the mortgage application. The applicant who
is more prepared to successfully complete the mortgage or financing
procedure in a shorter period of time should be awarded the lot over
the applicant who is at the early stages of the process. An applicant
who has obtained a mortgage or financing preapproval from a lender
will be considered to be more prepared than someone who has not yet
obtained such preapproval. This factor will be assigned 50% weight
overall.
(2) The applicant, who at the time of the request does not own a house,
will be given preference over the one who at such time owns a home.
This factor will be assigned 20% weight overall.
(3) The applicant's household that has the larger number of tribal
members would be given preference. This factor will be assigned 30%
weight overall.
(4) If after applying the criteria above there are still two or more
applicants in equal eligibility standing, the Tribal Council will
decide through a blind draw administered by the Tribal Council who
will get the lot in question.
E. If any of the applicants involved in the dispute are related by blood
or marriage to any Tribal Council member, that Council member should
abstain from the discussion and vote on the adjudication. If no dispute
regarding a lot request arises, a Council member who may be related
by blood or marriage to the applicant is under the obligation to disclose
the relationship and let the Tribal Council decide whether or not
he can participate in the final decision or should abstain from any
discussion.