[History: Residential Lot Assignment/Lease Ordinance, adopted
by Tribal Council on November 17, 1990; and as amended by Tribal Council
on July 2, 1996.]
(a) This ordinance shall be known as the Residential Lot Assignment/Lease
Ordinance ("lot assignment ordinance") of the Grand Traverse Band
of Ottawa and Chippewa Indians.
(b) This ordinance governs all lot assignments and leases to individuals
upon tribal lands, pursuant to the authority provided the Tribal Council
by Article XI, Section 1(b)&(c) of the Constitution of the Grand
Traverse Band of Ottawa and Chippewa Indians.
[History: Residential Lot Assignment/Lease Ordinance, adopted
by Tribal Council on November 17, 1990; and as amended by Tribal Council
on July 2, 1996.]
(a) "Tribe" means the Grand Traverse Band of Ottawa and Chippewa Indians;
"Tribal Council" means the Tribe's governing body; and "Lot Committee"
means the committee appointed by the Tribal Council to assist in the
administration of residential lot assignments/leases.
(b) "Tribal Court" means the Tribal Judiciary of the Grand Traverse Band
of Ottawa and Chippewa Indians.
(c) "Tribal lands" means real property owned (or leased) by the Tribe
or the United States of America in trust for the Tribe including lands
acquired after this ordinance is enacted.
(d) "Lot assignment" means the assignment granted to an individual tribal
member of a specific lot upon tribal lands for residential use.
(e) "Lease" or "BIA lease" means a residential lease for a lot upon tribal
lands entered into between the Tribe and an individual tribal member
on the form approved by the Bureau of Indian Affairs, United States
Department of the Interior (Form 5-5461 or its successor), pursuant
to regulations prescribed at 25 CFR Part 162 as amended or succeeded;
this term also includes the lease forms utilized for mortgage guaranty
programs administered by the Rural Housing Service of the United States
Department of Agriculture and the United States Department of Housing
and Urban Development.
(f) "Previous assignments" Assignments and/or leases to individual Indians
of specific lots for residential use made between 1944 and the date
of enactment of this ordinance by the Leelanau County Department of
Social Services, Leelanau Indians, Inc. (the Tribe's governing
body between 1978-1980), and/or the Tribe's current governing
body, the Tribal Council of the Grand Traverse Band of Ottawa and
Chippewa Indians.
(g) "Member" means an individual enrolled as a member of the Tribe.
(h) "Lot" refers to a designated parcel of real estate upon tribal lands.
(i) "Lot holder" means the individual assigned or leased a specific lot
upon tribal lands.
(j) "Transfer" means Legal assignment of lot assignment/leasehold interest
from lot holder to another enrolled member of the Tribe.
(k) "Testamentary designation" means designation in a lot holder's
will that his/her lot assignment/leasehold interest shall be inherited
by another enrolled member of the Tribe.
(l) "Splitting" means Dividing a lot into subparcels to accommodate additional
residence(s).
(m) "Sublease" means Temporary authorization by a lot holder to another
tribal member of the right to occupy residential premises upon an
assigned lot.
(n) "Zoning ordinance" means the zoning ordinance of the Grand Traverse
Band of Ottawa and Chippewa Indians or other zoning regulations enforced
by the Tribe.
(o) "Zoning administrator" means the person designated by the Tribe to
administer the Zoning Ordinance.
[History: Residential Lot Assignment/Lease Ordinance, adopted
by Tribal Council on November 17, 1990; and as amended by Tribal Council
on July 2, 1996.]
Because of its limited land base, the Tribe's policy is
that all lot assignments and residential leases are intended for homestead
purposes.
[History: Residential Lot Assignment/Lease Ordinance, adopted
by Tribal Council on November 17, 1990; as amended by Tribal Council
on July 2, 1996; and amended by Tribal Act #08-26.1905, adopted by
Tribal Council on April 30, 2008.]
(a) Lot assignments upon federal trust lands cannot be encumbered. Therefore,
if any lot holder desires to encumber his/her lot assignment upon
federal trust lands to participate in a loan guaranty program in order
to obtain financing to construct a residence, such individual may
choose to request the Tribal Council to enter into a Residential Lease
upon the form required by the Rural Housing Service, the United States
Department of Housing and Urban Development and/or approved by the
Bureau of Indian Affairs, United States Department of the Interior
(Form 5-5461 or its successor).
(b) Lot holders desiring to participate in any loan program in an effort
to obtain financing to construct a residence upon federal trust lands
cannot use the value of the trust property, which by definition is
owned by the United States in trust for the tribe and cannot be sold,
pledged, mortgaged, or otherwise encumbered without an Act of Congress,
in the appraisal process that is typically used by banks or other
real estate agents.
[History: Residential Lot Assignment/Lease Ordinance, adopted
by Tribal Council on November 17, 1990; and as amended by Tribal Council
on July 2, 1996.]
Applicants requesting a lot assignment or BIA lease must be
enrolled members of the Tribe who intend to use the lot for their
primary residence.
[History: Residential Lot Assignment/Lease Ordinance, adopted
by Tribal Council on November 17, 1990; and as amended by Tribal Council
on July 2, 1996.]
An applicant requesting a lot assignment or BIA lease should
submit a request for a specific lot in writing to the Lot Committee
or Tribal Land Records Office. The written request should be on a
form obtained from the Tribal Land Records Office entitled "Request
for Lot Assignment or Lease." The request should include information
specified in § 207.
[History: Residential Lot Assignment/Lease Ordinance, adopted
by Tribal Council on November 17, 1990; and as amended by Tribal Council
on July 2, 1996.]
The following criteria shall be considered in determining which
applicant(s) to select for available lots:
(a) Whether applicant intends to utilize lot for primary residence;
(b) Applicant's demonstrated ability to arrange necessary financing
to construct a residence meeting standards specified in the Tribe's
zoning ordinance and applicable construction codes;
(c) Governmental service, employment or other factors requiring applicant
to live within proximity of tribal lands; and
(d) Other factors deemed relevant by the Tribal Council, Lot Committee
or applicant.
[History: Residential Lot Assignment/Lease Ordinance, adopted
by Tribal Council on November 17, 1990; and as amended by Tribal Council
on July 2, 1996.]
Approval of lot assignments/leases shall be made by action of
the Tribal Council, and lot assignments/leases shall be certified
upon a form entitled Approval of Lot Assignment/Lease. A lot holder
must execute the Acceptance of Lot Assignment or Lease form within
30 days of the Tribal Council approval or the assignment/lease.
[History: Residential Lot Assignment/Lease Ordinance, adopted
by Tribal Council on November 17, 1990; and as amended by Tribal Council
on July 2, 1996.]
(a) Lot assignments/leases shall be considered void if the lot holder
and any successor(s) in interest do not occupy the premises or begin
construction of a residence within two years of the date of the assignment
or lease; this period may only be extended for one year by motion
of the Tribal Council if the lot holder submits information in writing
demonstrating the likelihood that a residence will be constructed
within another year. If the Tribal Council determines the lot assignment/lease
to be void, the Tribal Council shall have discretion either to declare
the lot assignment void and designate a successor, or to request the
Tribal Court to exercise equitable jurisdiction to designate a successor.
Provided, that this provision is not applicable to mortgages recorded
with the Tribal Court pursuant to the terms of the Tribe's Leasehold
Mortgage Ordinance.
(b) The lot holder and any successor(s) in interest must comply with
this ordinance, the Tribe's zoning ordinance and other applicable
land use regulations or the lot assignment/lease is voidable, and
no construction activity may commence without required permits issued
by the Tribe's Zoning Administrator. Provided, that leases encumbered
by mortgages recorded with the Tribal Court are not voidable by the
Tribal Council.
(c) Subleases are permitted only if the sublessee is an enrolled member
of the Tribe and utilizes the premises for his/her primary residence.
However, any subleases must be in writing and approved by the Tribal
Council in order to be effective.
(d) If a residence upon a lot assignment is vacated without an approved
sublease for a period longer than one year, the Tribal Council shall
have discretion either to declare the lot assignment void and designate
a successor, or to request the Tribal Court to exercise equitable
jurisdiction to designate a successor. Provided, that leases encumbered
by mortgages recorded with the Tribal Court are not voidable by the
Tribal Council.
(e) Any structure or other improvements capable of being removed from
the premises shall be considered the property of the former lot holder
if the lot assignment or lease terminates; however, such property
reverts to tribal ownership if it is not removed within six months
from the termination of the lot assignment/lease.
(f) The Tribe's policy designating lot assignments and residential
leases for homestead purposes prohibits lot holders from being assigned
or leased more than one lot, with the exception of previous assignments
that combined lots designated on the Plat of the Village of Peshawbestown
or partial lots not suitable for separate residences. Nonetheless,
if a lot holder inherits or receives an additional lot by transfer,
he/she has six months (or until the conclusion of probate proceedings)
in which to transfer such lot to another tribal member before any
additional lot assignment/lease shall be considered void. Furthermore,
a lot holder may serve as guardian and/or conservator of another lot
during the period of that lot holder's legal incapacity. Provided,
that leases encumbered by mortgages recorded with the Tribal Court
shall continue to be encumbered in the event that they revert to the
Tribe, and any successors designated by the Tribal Council or Tribal
Court shall be required to assume the terms and conditions of the
mortgage.
(g) Lot holders/lessees may not harvest timber or extract any natural
resources with the exception of clearing necessary for construction
of residential premises and related activities as authorized by land
use permit issued by the Tribe's Zoning Administrator.
(h) Previous and future lot assignments or leases for residential purposes
do not guarantee the right of occupancy if the Tribe's Zoning
Administrator (or Tribal Council acting as the Zoning Board of Appeals)
determines not to issue land use and/or construction permits because
of environmental concerns, space limitations or other conflicts with
the Tribe's zoning ordinance or other land use regulations.
[History: Residential Lot Assignment/Lease Ordinance, adopted
by Tribal Council on November 17, 1990; and as amended by Tribal Council
on July 2, 1996.]
The Tribe's policy is to honor all previous assignments
regardless whether the grantor had legal authority at the time to
make the purported assignment, subject to the following qualifications:
(a) The lot holder must be an enrolled member of the Tribe or a Native
American formerly enrolled and/or eligible for enrollment;
(b) With respect to a previous assignment held by a non-member (or current
assignment approved in exchange for previous assignment), such assignment
may not be conveyed to another non-member; a lifetime transfer or
testamentary designation shall be void unless conveyed to an enrolled
member of the Tribe; and
(c) Previous assignments of vacant parcels shall be void if residential
premises are not constructed and occupied within two years of the
date of enactment of this ordinance; this period may only be extended
for one year by motion of the Tribal Council if the lot holder submits
information in writing demonstrating the likelihood that a residence
will be constructed within another year.
[History: Residential Lot Assignment/Lease Ordinance, adopted
by Tribal Council on November 17, 1990; and as amended by Tribal Council
on July 2, 1996.]
(a) The lot holder of a lot assignment may transfer his/her property
interest to a specified family member, heir or another tribal member
either by testamentary designation or transfer during lifetime on
a form entitled "Transfer of Lot Assignment." The Tribal Council must
approve the transfer and the new lot holder must execute the acceptance
form as specified in § 208 in order to be effective.
(b) Transfers and testamentary designations shall be void unless conveyed
to enrolled members of the Tribe.
(c) The lot holder may reserve a life estate for himself/herself when
transferring his/her interest.
(d) The lot holder may reserve a life estate for his/her spouse when
making a testamentary designation or transferring his/her interest
to an enrolled member.
(e) Monetary consideration need not be made for transfers; but if consideration
is involved, it must be limited to a reasonable value for improvements.
Consideration may not be based upon value of the land.
(f) If the lot holder dies without transferring the lot assignment or
executing a testamentary designation, the lot assignment shall revert
to the Tribe.
(g) If an assigned lot does not contain a residence qualifying for an
occupancy permit in the judgment of the Tribe's Zoning Administrator,
the lot may not be transferred more than once. (The purpose of this
provision is to prevent the policy stated in §§ 203
and 209 from being thwarted by successive transfers having the effect
of extending the two-year period for occupying the premises or constructing
a residence.)
[History: Residential Lot Assignment/Lease Ordinance, adopted
by Tribal Council on November 17, 1990; and as amended by Tribal Council
on July 2, 1996.]
The following procedures govern situations in which lot holders
desire to obtain Tribal Council approval for splitting a lot:
(a) Lot holders must demonstrate that the Tribe's zoning ordinance
allows the specific lot to be split; therefore lot holders must provide
information and/or documents required by the Tribe's Zoning Administrator
to make this determination, including a survey, if necessary, as well
as a drawing showing the proposed split and locations of existing
and proposed residence(s) upon the lot and adjacent lots with wells
and septic/drain field systems identified;
(b) Lot holders requesting the splitting of a lot are responsible for
obtaining and providing any surveys or legal documents deemed necessary
by the Tribe's Zoning Administrator, such as easements of ingress
and egress; and
(c) Before the Tribe's Zoning Administrator may issue land use and/or
building permits authorizing construction upon a new lot created by
the splitting of a lot, the Tribal Council must by motion approve
the proposed splitting of a lot and the forms specified in § 208
must be executed.
[History: Residential Lot Assignment/Lease Ordinance, adopted
by Tribal Council on November 17, 1990; and as amended by Tribal Council
on July 2, 1996.]
The eviction procedures utilized by the Tribe's Housing
Authority and/or specified in the Tribal Code of the Grand Traverse
Band of Ottawa and Chippewa Indians are applicable to those lots upon
which the lot holder has constructed or improved a residence utilizing
financing obtained from lending institutions and/or governmental programs.
The eviction procedures specified in Part 2 of the Leasehold Mortgage
Ordinance (13 GTBC § 309 et seq.) are applicable to those
lots (and corresponding residential leases) upon which the lot holder
has constructed or improved a residence utilizing financing obtained
from lending institutions and/or governmental programs.
[History: Residential Lot Assignment/Lease Ordinance, adopted
by Tribal Council on November 17, 1990; and as amended by Tribal Council
on July 2, 1996.]
The Tribal Court shall have exclusive jurisdiction to resolve
disputes concerning lots assigned for residential purposes upon tribal
lands and all related matters.