The leaseholder may transfer or assign his/her leasehold only to another tribal member with prior approval of the Tribal Council and execution of the new lease. The Tribal Council shall not withhold approval of a leaseholder's request to transfer his/her leasehold to such leaseholder's child or grandchild, provided the child or grandchild is a duly enrolled member of the Tribe and would not be disqualified from being granted a leasehold under § 9.3-9 of this chapter. Monetary consideration is not allowed in regards to transfers, except regarding the improvements or structures on the lot. Tribal Council will approve the transfer and/or assignment based on the same criteria used to select eligible applicants to the leasehold mortgage program. Transfer and assignment of the leasehold interest is further restricted if the leaseholder has already obtained a mortgage within the leasehold mortgage program established in this chapter. In this case, the leasehold interest can be only transferred or assigned with the consent of the Tribe, mortgagor and the guarantor as required by the governing lease document. This section shall not apply to a grant of a life estate to a nontribal member spouse, which is not considered a transfer or assignment of the lease.
The leaseholder who has built a residence subject to his leasehold may, on his own, lease or otherwise alienate the home without any other restriction than the transferee or assignee shall be a tribal member. The transfer of the rights over the home does not automatically imply a transfer of the leasehold rights on the lot. In order for a transfer and/or assignment of the lot to be effective, the leaseholder must comply with the provisions contained in § 9.3-16. Any transfer or alienation of the home as per this section shall be further restricted by the governing lease document entered into as per the leasehold mortgage program.
