[History: Tribal Act #20-38.3291, enacted by Tribal Council in Special Session on October 28, 2020.]
As used in this ordinance, the capitalized terms set forth below shall have the following meanings:
(a) 
"Assignment" means an agreement between a lessee and an assignee whereby the lessee transfers all his/her rights and obligations to the assignee under a business site lease.
(b) 
"Authority" means the Grand Traverse Band Economic Development Corporation, a federally chartered corporation authorized by Section 17 of the Indian Reorganization Act and wholly owned by the Tribe, established October 23, 1998, and amended May 2, 2000, which the Tribe has authorized to perform the leasing duties and responsibilities of the Tribe as lessor under this ordinance. The Authority may delegate some of or all its leasing authority to tribal agencies on behalf of the Tribe.
(c) 
"Best Interest of the Tribe" means the balancing of interests in order to attain the highest economic income, provide incentives to increase economic development, preserve and enhance the value of Tribal land subject to a business site lease, increase employment and jobs on Tribal land subject to a business site lease, and preserve the sovereignty of the Tribe.
(d) 
"BIA" means the Bureau of Indian Affairs, United States Department of the Interior.
(e) 
"Business Site Lease or Lease" means a written agreement or contract between the lessor and a lessee whereby the lessee is granted a right to possess Tribal land for a specified purpose and duration, including a lease of space within existing facilities on Tribal land that is not already leased, consistent with this ordinance. The lessee's right to possess will limit the lessor's right to possess the leased premises only to the extent provided in the lease.
(f) 
"Change in Land Use" means the change from residential to non-residential, commercial to industrial, or one (1) industrial use to another that significantly differs from the former use.
(g) 
"Constitution" means 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.
(h) 
"Development Period" means the time period from when a lease is executed to when improvements are expected to be substantially completed.
(i) 
"Environmental Review Process" means the process for conducting tribal environmental review to assess whether a proposed development or project resulting from a leasing decision under this ordinance will have a significant effect on the environment.
(j) 
"Environmental Reviewer" means an official from the Tribe's Natural Resources Department or as otherwise designated by the Tribal Council who is responsible for conducting the environmental review process.
(k) 
"Executing Official" means the delegated official of the Authority who shall execute all business site leases on behalf of the Tribe and take all necessary and proper action on leases and subleases, including amendments, modifications, assignments and cancellations of leases and subleases.
(l) 
"Fair Annual Lease Value" means the most probable dollar amount a property should bring in a competitive and open market reflecting all conditions and restrictions of the specified lease agreement, including term, rental adjustment and revaluation, permitted uses, use restrictions, and expense obligations.
(m) 
"Holdover" means circumstances in which a lessee remains in possession of the leased premises after the lease term expires.
(n) 
"Leasehold Mortgage" means a mortgage, deed of trust or other instrument that pledges a lessee's leasehold interest as security for a debt or other obligation owed by a lessee under the lease.
(o) 
"Leasing Decision" in the context of the environmental review process means the following type of lease transactions that will be acted on by the Authority: lease issuance, lease amendment or modification, subleasing, lease assignment or transfer, and tenant leases.
(p) 
"Lessee" means a person or entity who has acquired a legal right to possess Tribal land by entering into a business site lease pursuant to this ordinance.
(q) 
"Lessor" means the Tribe, and the Authority, acting pursuant to authority delegated by the Tribe, who conveys the right to use and occupy Tribal land under a business site lease.
(r) 
"LTRO" means the Land Titles and Records Office of the Bureau of Indian Affairs.
(s) 
"Project" means any economic development activity or project occurring or intended to occur on Tribal land pursuant to a business site lease.
(t) 
"Public" means, for purposes of the environmental review process, any person or entity with the potential to be significantly affected by the business site lease or the lease activity.
(u) 
"Significant Effect on the Environment" means a substantial, or potentially substantial, adverse change in the environment, including land, air, water, minerals, flora, fauna, ambient noise, cultural areas and objects of historic, cultural or aesthetic significance.
(v) 
"Sublease" means a written agreement by which the lessee grants to a sublessee a right to possession no greater than that held by the lessee under a business site lease.
(w) 
"Sublessee" is an individual or entity to whom the lessee grants a right to possession no greater than that held by the lessee under a business site lease.
(x) 
"Tribe" means the Grand Traverse Band of Ottawa and Chippewa Indians.
(y) 
"Tribal Council" means the duly elected governing body of the Tribe.
(z) 
"Tribal Land" means any tract in which the surface estate is owned by the Tribe in trust or restricted status.
(aa) 
"Trust or restricted status" means that the United States holds title to the tract in trust for the benefit of the Tribe, or that the Tribe holds title to the tract, but can alienate or encumber it only with the approval of the United States because of limitations in the conveyance instrument under federal law or limitations in federal law.