[History: Tribal Act #20-38.3291, enacted by Tribal Council in Special Session on October 28, 2020.]
This ordinance is enacted by the Tribal Council pursuant to the powers vested to it under Article IV, Section 1 of the Constitution of the Grand Traverse Band of Ottawa and Chippewa Indians, adopted February 24, 1988, and approved by the Secretary of the Interior on March 29, 1988, as may be amended from time to time. Pursuant to Section 16 of the Indian Reorganization Act (P.L. 73-383, 48 Stat. 984), the Tribal Council hereby expressly authorizes and delegates to the Grand Traverse Band Economic Development Corporation, a federally chartered corporation authorized by Section 17 of the Indian Reorganization Act, wholly owned by the Tribe, and established October 23, 1998, and amended May 2, 2000, the power and authority to lease Tribal land, in accordance with the Helping Expedite and Advance Responsible Tribal Home Ownership Act of 2012, H.R. 205, 112th Cong. (2012), 25 U.S.C. § 415(h) (HEARTH Act), and this ordinance.
[History: Tribal Act #20-38.3291, enacted by Tribal Council in Special Session on October 28, 2020.]
The law applicable to leases approved pursuant to this ordinance is tribal law and applicable federal law.
[History: Tribal Act #20-38.3291, enacted by Tribal Council in Special Session on October 28, 2020.]
The scope of application of this ordinance shall be limited to all business site leases on Tribal land that would, in the absence of this ordinance, require approval of the United States Secretary of the Interior pursuant to 25 U.S.C. § 415(a), and to all actions and decisions taken in connection with those leases. Nothing herein shall be construed to affect the terms and conditions of existing leases. This ordinance is not applicable to individually owned Indian land, allotted land, or land held in fee. This ordinance does not apply to mineral leases, prospecting permits, or mineral development agreements.
[History: Tribal Act #20-38.3291, enacted by Tribal Council in Special Session on October 28, 2020.]
The purposes of this ordinance are to:
(a) 
Recognize the authority of the Tribe by and through the Authority, to issue, review, approve, and enforce business site leases and establish streamlined procedures for environmental review in accordance with and pursuant to the authority in the HEARTH Act; and
(b) 
Promote self-determination, encourage economic self-sufficiency, and increase business activity and employment on Tribal land.
[History: Tribal Act #20-38.3291, enacted by Tribal Council in Special Session on October 28, 2020.]
This ordinance shall be known and cited as the "Business Site Leasing Ordinance."