CROW TRIBAL LEGISLATURE

CROW TRIBAL LEGISLATURE

JULY 2017 REGULAR SESSION

CLB No. 17-03

Introduced by Alvin J. Not Afraid Jr, Chairman

Crow Tribe Executive Branch

A Bill for an Act Titled:

AN ACT TO REPEAL AND REPLACE THE CROW TRIBAL HOUSING ORDINANCE

Legislative Findings:

WHEREAS, the Crow Tribal Legislature (hereinafter "Legislature") has the power and

duty under Article V, Section 2(a) of the Crow Tribal Constitution to promulgate and adopt laws,

resolutions and guidelines in accordance with the Constitution and federal laws for the

governance of the Crow Tribe; and

WHEREAS, the Executive Branch introduced “An Act to Update the Crow Tribal

Housing Ordinance” for the January, 2017 Regular session and thereafter the Legislative Branch

was informed that the Executive Branch in agreement with the Legislative Branch would

substitute the introduced legislation with the Infrastructure’s legislative version with

recommended amendments, and such recommendation was made by the Infrastructure

Committee on February 15, 2017, and such substitution version his herein approved by the

committee on July 19, 2017; and

WHEREAS, the Legislature has the power and duty under Article V, Section 2(c) of the

Crow Tribal Constitution to adopt legislation chartering instrumentalities of the Crow Tribe for

the purposes of housing; and

WHEREAS, the Crow Tribal Executive Branch (hereinafter “Executive Branch’) has the

power and responsibility under Article IV, Section 3 of the Crow Tribal Constitution, subject to

any limitations imposed upon such powers by the statutes and laws of the United States, to

represent the Crow Tribe of Indians in negotiation with Federal, State and local governments and

other agencies, corporations, associations, or individuals in matters of welfare, education,

recreation, social services and economic development affecting the Crow Tribe; and

WHEREAS, the Executive Branch has the general duty under Article IV, Section 4 of

the Crow Tribal Constitution to implement all laws, resolutions and policies duly adopted by the

Legislature; and

July 2017 Quarterly Legislative Session

An Act to Repeal and Replace the Crow Tribal Housing Ordinance

Page | of 3

WHEREAS, the Crow Tribal Housing Authority (hereinafter “Housing Authority’) was

established by the Crow Tribal General Council through enactment of the Crow Tribal Housing

Ordinance for the purpose of addressing the problems associated with adequate housing

availability and conditions on the Crow Indian Reservation; and

WHEREAS, the Crow Tribe now seeks to restore lawfulness, accountability and public

faith and confidence in the operations of the Housing Authority.

NOW, THEREFORE, BE IT HEREBY ENACTED AS CROW TRIBAL LAW AND

POLICY BY THE CROW TRIBAL LEGISLATURE IN REGULAR SESSION:

Section 1. Repeal of Prior Tribal Law and Policy. The Crow Tribal Housing Ordinance as

adopted by the Crow Tribal General Council and amended by Tribal Council Resolution No. 78-

19 on April 9, 1977 and in various Tribal Council Resolutions subsequent thereto is hereby

repealed and rescinded in its entirety and made void as a matter of law. Further, all policies and

procedures and any other administrative rules adopted by the Housing Authority Board of

Commissioners established pursuant to the Tribal Housing Ordinance referenced above are

hereby repealed and rescinded.

Section 2. Enactment of Crow Tribal Housing Ordinance. The Crow Tribal Housing

Ordinance, as attached and incorporated by reference as if fully stated herein, shall be enacted as

Crow tribal law upon the effective date of this Act and shall be included as Title 19 of the next

edition of the Crow Law and Order Code, 2005, as amended.

Section 3. Savings Clause. All contracts and agreements, heretofore, entered into by the

previous Housing Authority shall remain valid and intact.

Section 4. Effective Date.

This Bill for an Act shall take effect upon being signed into law by the Executive Branch

Chairman.

[Remainder of Page Left Intentionally Blank]

July 2017 Quarterly Legislative Session

An Act to Repeal and Replace the Crow Tribal Housing Ordinance

Page 2 of 3

CERTIFICATION

I hereby certify that the AN ACT TO REPEAL AND REPLACE THE CROW TRIBAL

HOUSING ORDINANCE was duly adopted by the Crow Tribal Legislature with a vote of

15 in favor, _0 opposed, and _0_ abstained and that a quorum was present on this _25'" day of

July , 2017.

-_eo, LZ.

Senator R. Eric Birdirfground

Speaker of the House

Crow Tribal Legislature

ATTEST:

Ne THE CRG,

till LEARN I,, aie,

Senator Gordon Real Bird, Jr. ier

Secretary

Crow Tribal Legislature

EXECUTIVE ACTION

I hereby:

x approve

veto

This Bill for an Act titled AN ACT TO REPEAL AND REPLACE THE CROW TRIBAL

HOUSING ORDINANCE pursuant to the authority vested in the Chairman of the Crow Tribe

by Article V, Section 8 of the Constitution and Bylaws of the Crow Tribe of Indians on this

3 dayof_ fesse , 2017.

LULL

Alvin J. Not A fraid/Jr.

Chairman

Crow Tribal Executive Branch

July 2017 Quarterly Legislative Session

An Act to Repeal and Replace the Crow Tribal Housing Ordinance

Page 3 of 3

A BILL FOR AN ACT TITLED:

AN ACT TO REPEAL AND REPLACE THE CROW TRIBAL HOUSING ORDINANCE

Bill or Resolution: CLB17-03_ Introduced by:Chairman Alvin NotAfraid, Jr. Date of Vote: 7/25/2017

Number

REPRESENTATIVE: Yes No Abstained

G. Three Irons

B. Rogers

F. White Clay

P. Hill

S. Real Bird

AIK KK IK

V. Nomee

T. Yellowtail

T. Gros Ventre

P. Alden, Jr.

KA KK |

E. Deputee

P. Spotted Horse, Sr.

L. DeCrane

J. Demontiney x

B. Hugs x

B. Good Luck xX

xX

4

H. Male Bear, Jr.

G. Real Bird, Jr.

Secretary of the House

Eric Birdinground x

Speaker of the House

Total: 15 0 0

Result of Vote:

Not Passed Tabled Veto-Override

B-1-) Lahm LJ CAPA D),

enator Eric Birdin nd Date Senator Gordon Real Bird, Jr. Date

Speaker of the House Secretary of the House

CROW LAW AND ORDER CODE

TITLE 19

HOUSING ORDINANCE

Crow Tribal Housing Ordinance

Page | of 13

CHAPTER 1: GENERAL PROVISIONS

19-1-101. Declaration of Need. The Crow Tribe finds and declares there are major and

longstanding issues associated with Crow Reservation housing, including but not limited to

unsanitary, unsafe, and overcrowded housing conditions. In addition, there is a major shortage

of homeowners on the Crow Reservation, along with a shortage of quality rental units available

to Crow tribal members. These unmet needs present an issue of the highest importance and

priority to the Crow tribal membership.

19-1-102. Policy and Intent. It shall be the policy of the Crow Tribe to take all necessary and

proper measures as a sovereign Indian nation to remedy the outstanding issues associated with

housing shortage and lack of quality housing on the Crow Reservation. Pursuant to the 2001

Constitution and Bylaws of the Crow Tribe of Indians (“the 2001 Constitution”), the intent of the

Crow Tribe in adopting this Ordinance is to enact tribal law and policy which guarantees to all

Crow tribal members and Crow Reservation residents that the sovereign authority of the Crow

Tribe shall be utilized to the absolute betterment of tribal economic security and health and

welfare, especially housing, while ensuring lawfulness, fairness, transparency, and accountability

in Crow Tribal Government. Further, it is the intent of the Crow Tribe to encourage private

homeownership and to make tribal lands available to tribal members for residential purposes.

19-1-103. Definitions.

“Board of Commissioners” means the Crow Tribal Housing Board of Commissioners, consisting

of the six District Housing Commissioners as established in this Housing Ordinance.

“Crow Tribe” means the Crow Tribe of Indians, also known as the Apsaalooke Nation, a

sovereign Indian tribe pursuant to the 2001 Constitution.

“District Housing Commissioner” means the tribal officer with such authorities and duties as

provided in this Housing Ordinance.

“Executive Branch” means the Crow Tribal Executive Branch of Government of the 2001

Constitution, consisting of the Tribal Chairman, Vice-Chairman, Secretary, and Vice-Secretary.

“Fee Status Properties” means the taxable properties that may be used for development by the

Housing Authority.

“General Council” means the Crow Tribal General Council, the governing body of the Crow

Tribe of Indians under the 2001 Constitution.

“Housing Authority” means the Crow Tribal Housing Authority, as established by this

Ordinance and governed by the Board of Commissioners.

“Housing Ordinance” means the Crow Tribal Housing Ordinance which shall govern all housing

activities on the Crow Indian Reservation and, as contained in Title 19 of the Crow Law and

Order Code, as amended.

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“Insurance” means the exclusive use of Amerind Risk to cover all properties governed by this

Ordinance.

“Law and Order Code” means the Crow Tribal Law and Order Code of 2005, as amended.

“Legislature” means the Crow Tribal Legislative Branch of Government under the 2001

Constitution.

“NAHASDA” means the 1996 Native American Housing Assistance and Self-Determination

Act, as amended, and any administrative regulations promulgated pursuant thereto.

“Notice” means that a person has actual knowledge of a fact or condition or, in the case of a

landlord, that knowledge of a fact or condition is delivered at the place of business of the

landlord or, in the case of a landlord or tenant, it is delivered in hand to the landlord or tenant or

by certified mail to the person at the place held out by the person as the place for receipt of the

communication or, in the absence of a designation, to the person's last-known address. If notice

is made with a certificate of mailing or by certified mail, service of the notice is considered to

have been made upon the date three (3) days after the date of mailing.

“Tribal housing unit” means all property including real property owned by the Crow Tribe,

wherever located, which has been partitioned or subdivided into an individual housing lot or lots

and upon which a residence has been placed and which is available for lease as a residence.

“Tribal lands” means all lands held in trust by the United States for the benefit of the Crow Tribe

and all lands owned in fee simple by the Crow Tribe, and which are not otherwise considered a

tribal housing unit. Such term shall not include any individually-owned lands unless the Crow

Tribe has a majority of the undivided, fractionated interest as a tenant in common.

“Tribal Leasing Ordinance” means the 2009 Crow Tribal Leasing Ordinance, as enacted by CLB

No. 09-04 and as may be amended.

19-1-104. Amendments. This Ordinance may be amended by tribal legislation duly adopted by

the Legislature or General Council, in accordance with the 2001 Constitution.

CHAPTER 2: CROW TRIBAL HOUSING AUTHORITY

19-2-101. Establishment, Authority. There is hereby established a Crow Tribal Housing

Authority, which shall replace the housing authority established under the former tribal housing

ordinance. The Housing Authority shall be an independent regulatory agency of the Executive

Branch, with all the privileges and immunities of the Crow Tribe including sovereign immunity

from suit and shall have such authorities and duties as provided in this Housing Ordinance and

other applicable tribal and federal law and shall be the official Crow Tribal Designated Housing

Entity pursuant to NAHASDA or other federal laws as may be implemented from time to time.

In addition, the Housing Authority shall be the Crow Tribal Organization authorized to enter into

self-determination contracts related to housing services, including but not limited to the housing

improvement program, with the Secretary of the Interior. Unless otherwise provided in this

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Housing Ordinance, no Executive Branch official or officer, or any persons purporting to act

under color of tribal authority, shall exercise any power or duty on behalf of or in lieu of the

Housing Authority except for a duly-authorized legal representative in the conduct of litigation.

The Housing Authority may also be referred to as the “Apsaalooke Nation Housing Authority.”

All officers, employees, agents, attorneys, or contractors of the Housing Authority shall be as

determined by the Board of Commissioners, provided that no delegations of authority shall be

made to any officer except as expressly provided in this Housing Ordinance.

19-2-102. Board of Commissioners. The Housing Authority shall be governed by a Board of

Commissioners, which shall be comprised of six (6) members of the General Council, one

representing each Crow Reservation District, and who shall serve, four (4) year terms without

limitation as to the number of terms. These terms shall be staggered. The initial appointment

shall run on the following terms: 2 districts for 2 years; 2 districts for 3 years; and, 2 districts for

4 years. Such staggered terms shall be selected upon lot as the first order of business of the first

board meeting. Each member of the Board of Commissioners shall be a District Housing

Commissioner with such power and duty as provided in Chapter 3 of this Housing Ordinance.

The Board of Commissioners shall appoint from their membership a presiding officer to conduct

meetings and review hearings.

19-2-103. Qualifications. Each District Housing Commissioner must have the following

qualifications at all times:

(1) No felony convictions in any American jurisdiction;

(2) No civil or criminal misdemeanor convictions in any American jurisdiction which

involve dishonesty or fraudulent representation to any persons;

(3) Must physically reside and be a registered voter in the represented District;

(4) Cannot be an employee with the Crow Tribe;

(5) Cannot be delinquent on any required payments owed to the Crow Tribe; and

(6) Must have knowledge and familiarity with applicable federal laws, Crow tribal laws,

including but not limited to this Housing Ordinance, principles of administrative law, and

Crow Reservation housing issues.

19-2-104. Board Compensation. The Crow Tribe shall pay each board member $100.00 per

meeting.

19-2-105. Appointment, Removal. Housing Commissioners shall be appointed by the District

Senators of the Legislature, through majority decision as expressed in writing to the Speaker of

the House. All appointments shall be subject to confirmation by the Legislature. No District

Housing Commissioner shall exercise power prior to legislative confirmation. Removal of a

Housing Commissioner shall be exclusively by two-thirds vote of the Legislature by a duly

noticed hearing to the subject commissioner, upon a demonstrated showing of neglect of duty,

abuse of authority, or failure to adhere to any required qualification in Section 103 above.

Provided that, if for any reason the Legislature fails to make such confirmations as necessary to

maintain at least four (4) Board of Commissions for a period exceeding thirty (30) days, the

Executive Branch shall have authority to take all actions necessary and proper to implement and

Crow Tribal Housing Ordinance

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enforce this Housing Ordinance in accordance with Article IV, Section 4 of the Crow Tribal

Constitution.

19-2-106. Meetings. The Board of Commissioners shall meet at such times and locations on the

Crow Reservation as agreed upon by at least four (4) of the Commissioners, provided that there

shall not be less than two (2) meetings per month, but not more than five (5) per month; provided

that more than 2 meetings shall be on the basis of emergency only. A quorum shall consist of at

least four (4) Commissioners and all meetings shall be conducted under rules of procedure

adopted by the Board of Commissioners, except as otherwise provided in this Housing

Ordinance. No action shall be taken or authorized by the Board of Commissioners without at

least four (4) members in support.

19-2-107. Rule-Making Authority. The Board of Commissioners shall have administrative rulemaking authority, subject to the legislative review provisions in Section 108 below. Such

administrative rules shall be limited to the following areas:

(1) Rules of procedure and practice governing meetings and review hearings of the Board of

Commissioners;

(2) Rules and regulations governing activities on all tribal lands utilized or designated for

residential purposes, including tribal housing units;

(3) Standards and qualifications for certification of inspectors authorized to inspect

residences in accordance with the Tribal Building Code;

(4) Rules and regulations governing issuance of construction and improvement permits to

homeowners and tenants located on tribal lands and tribal housing units;

(5) Rules and regulations governing enforcement actions by the District Housing

Commissioners;

(6) Such rules and regulations as may be required to maintain compliance with NAHASDA

or other federal law, if applicable;

(7) Regulations enforcing zero-tolerance laws of the Crow Tribe with regards to substance

abuse;

(8) Regulations enforcing residential-tenant eviction laws of the Crow Tribe; and,

(9) Establish rules for assisting private homeowners in attaining home owner’s insurance.

19-2-108. Legislative Review of Administrative Rules. All administrative rules shall be published

with adequate public notice under written Executive Branch policy as a proposed rule at least

thirty (30) days prior to taking effect. The Secretary of the Legislature shall be served with a

certified copy simultaneous to public notice. The Legislature shall have the authority to approve

or disapprove, without amendment, by legislative resolution. Upon approval by the Legislature,

or in the event no action is taken by the Legislature within thirty (30) days, the proposed rule

shall become a final, enforceable rule.

19-2-109. Delegation of Administrative Duties. Except as provided in Chapter 3, the Board of

Commissioners may delegate in writing to officers of the Housing Authority all such power and

duties deemed necessary and proper for the just and effective implementation of this Housing

Ordinance and the administrative rules promulgated in furtherance thereof.

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19-2-110. Review Hearings. All persons shall have a right to a review hearing on any notice of

violation made by a District Housing Commissioner. The following shall be required for any

lawful review hearing under this Chapter:

(1) All review hearings shall be conducted on the record by a quorum of the Board of

Commissioners;

(2) All review hearings shall be conducted on the Crow Reservation and open to the public;

(3) The person subject to a review hearing shall have the right to submit a written

explanation or argument on their behalf, shall have a right to counsel, which must be

admitted to the Crow Tribal Bar, shall have a right to introduce all relevant evidence, and

shall have a reasonable amount of time to present their case during their review hearing

before the Board of Commissioners;

(4) Public notice shall be given to the General Council, Executive Branch, and Legislature at

least fourteen (14) days before any review hearing is conducted. Such notice shall

contain the cases or subjects to be discussed, the location and time scheduled, and any

other information relevant to ensuring public knowledge of the proceedings; and

(5) All review hearing decisions by the Board of Commissioners must have at least four (4)

members in agreement.

Upon conclusion of a review hearing, the Board of Commissioners shall issue a written opinion

based on findings of fact and conclusions of law within three (3) business days. Such decision

shall be considered a final agency action by the Housing Authority and shall be immediately

delivered to all parties and shall be considered a public document and shall be permanently

maintained as a public record by the Board of Commissioners and the Tribal Secretary, along

with any subsequent court documents.

Provided that, in the event the Board of Commissioners do not adhere to any of the procedural

requirements contained in this Chapter, the person subject to the review hearing may file for

immediate injunctive relief in Crow Tribal Court and may seek a dismissal of the action, with

prejudice.

Provided, further, that in the event no decision can be reached by four (4) members of the Board

of Commissioners within three (3) days of the conclusion of a review hearing, the notice of

violation shall be considered a final agency action of the Housing Authority.

CHAPTER 3: DISTRICT HOUSING COMMISSIONERS

19-3-101. Exclusive Enforcement Authority. Each District Housing Commissioner shall have

exclusive civil enforcement authority for any issue or matter causing a violation of this Housing

Ordinance which may arise within their respective Districts. All such enforcement actions shall

be presented to the alleged violator in the form of a certified complaint which states with specific

factual basis the date(s) and type(s) of acts or omissions leading to the alleged violation(s). This

enforcement authority shall be non-delegable, provided that in the event there is a vacancy ina

District Housing Commissioner position, the Board of Commissioners shall appoint a temporary

enforcement officer from the available Commissioners.

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19-3-102. Enforcement Actions. Upon the issuance of a written notice of violation, which shall

contain a brief explanation of the type of activity giving rise to the violation and the alleged

date(s) of such activities, the provision(s) of this Housing Ordinance or administrative rule

violated, the civil penalty sought by the District Housing Commissioner, required actions which

may bring the person to compliance, and notice that the suspected violator has a right to contest

the violation in a review hearing before the Board of Commissioners within fifteen (15) days of

the delivery of the notice of violation. Provided that, nothing herein shall be construed as a

limitation on the ability of a District Housing Commissioner to seek informal resolution to any

alleged violation prior to formal enforcement action.

19-3-103. Reports to Board of Commissioners. Each District Housing Commissioner shall report

to the Board of Commissioners at each regularly scheduled meeting on the state of affairs

pertaining to enforcement of this Housing Ordinance, including any other matters of importance

relevant to housing conditions in their respective Districts.

CHAPTER 4: TRIBAL HOUSING SUBDIVISIONS

19-4-101. Subdivisions. The following tribal land is reserved and withdrawn from being

subject to the Tribal Leasing Ordinance, and is hereby dedicated and zoned as a matter of tribal

law for the purpose of a tribal housing subdivision, under the administrative management of the

Housing Authority in accordance with this Housing Ordinance:

(1) Crow Agency North

(2) Lodge Grass West

(3) Binneette (““No Water”)

(4) Owl Creek

(5) Wyola

(6) Pryor

(7) Black Lodge

(8) Fort Smith

(9) St. Xavier

(10) Reno Creek

(11) Blue Creek

The Board of Commissioners shall establish the legal descriptions of each subdivision. Such

establishment shall be completed with the input of each District and shall be passed and updated

by Joint Action Resolution of the Executive and Legislative Branches.

CHAPTER 5: TRIBAL LANDS RESIDENTIAL LEASING

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19-5-101. Residential Leasing of Tribal Land and Tribal Housing Units. Tribal lands and tribal

housing units may be leased for residential purposes to Crow tribal members as provided in this

Chapter. Market value size of a lot and less than 2.5 acres shall be made available for tribal

leasehold mortgages and allottee leasehold mortgages. Those lands more than two and a half

(2.5) acres or for a term exceeding forty (40) years with automatic renewal, shall also be made

available. The Housing Authority shall be authorized to enter into leases of tribal housing units

for periods up to ten (10) years. Federal approval of residential leases of tribal lands and tribal

housing units, if required, shall be in accordance with federal law. Provided that, nothing in this

Title shall prevent the Executive Branch from negotiating prospective residential leases of tribal

lands or tribal housing units, subject to final approval by the Legislature.

19-5-102. Residential Leases Entered into Without Legislative Final Approval. All tribal lands

and tribal housing units under a residential lease specifically approved or otherwise enacted by

the General Council and approved by the Secretary of the Interior, if applicable, shall not be

effected by this Housing Ordinance and shall continue in full force and effect. Furthermore, all

tribal lands and tribal housing units which have a residential lease agreement signed by the

Tribal Chairman between July 14, 2001 and the date this Ordinance is adopted shall be deemed

approved by the Legislature by and through this Housing Ordinance and shall continue in full

force and effect, subject to any further approval as may be required under federal law.

19-5-103. Leasing Policy and Procedure by Housing Authority. The Housing Authority shall

establish policy and procedure for the awarding of residential leases of tribal lands and tribal

housing units. Such policy and procedure shall follow the same rule making process as outlined

in 19-2-108 of this Ordinance

19-5-104. Leasehold Mortgage of Tribal Land. Tribal lands and tribal housing units leased for

residential purposes may be subject to a leasehold mortgage in accordance with the provisions of

Title 15 of the Law and Order Code and except as otherwise modified by this Housing Ordinance

all such residential leases must be in substantial and material conformity with the Memorandum

of Understanding with the U.S. Department of Housing and Urban Development and the Federal

National Mortgage Association, as approved by CLB No. 04-09 or other tribal laws that may

become applicable. Provided that, all residential leases of tribal land and tribal housing units

shall be authorized pursuant to Section 702 of NAHASDA, as codified at 25 U.S.C. Section

4211, and the Indian Long-Term Leasing Act of 1955, as amended and codified at 25 U.S.C.

Section 415.

19-5-105. Landlord Defined. The Housing Authority shall be considered the landlord in all

residential leases of tribal lands and tribal housing units, and shall be subject to all provisions of

Chapter 6 of this Title.

19-5-106. Trespass Actions, The Housing Authority, acting through the District Housing

Commissioners, shall have the exclusive authority to pursue civil trespass actions on behalf of

the Crow Tribe for any tribal lands zoned as residential under Chapter 4 of this Housing

Ordinance and any tribal housing units, provided that lawful tenants shall have standing to

pursue any available judicial remedies under other tribal law and, provided further, that the Crow

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Tribal Prosecutor shall retain full enforcement authority for criminal trespass actions arising on

any tribal lands.

19-5-107. Prohibition of Sublease and Assignment. Except as specifically provided in this

Section, there shall be an absolute prohibition against sublease and assignment of any residential

leasehold interest held by any person of tribal land or tribal housing units.

19-5-108. Divorce Involving Residential Leasehold Interest. In the event a lessee of tribal land

or a tribal housing unit is involved in a dissolution of marriage proceeding, the Crow Tribal

Court shall have exclusive jurisdiction to determine to which party the leasehold interest shall be

decreed upon consideration of all relevant factors and evidence. Under such circumstances, the

Housing Authority shall be entitled to advise the Crow Tribal Court on the question of who

should rightfully take possession of the leasehold estate.

CHAPTER 6: LANDLORD-TENANT REGULATIONS

19-6-101. The Board of Commissioners shall promulgate Landlord-Tenant Regulations pursuant

to 19-2-108

of this Ordinance and the Crow Law and Order Code of 2005, as amended. Such regulations

shall be completed within sixty-days (60) days of adoption of this Ordinance.

19-6-102. Crow Tribal Law Applies. All residential leases entered into within the Crow

Reservation shall be fully subject to all applicable Crow tribal laws, including but not limited to

this Housing Ordinance. No suspension or limitation of tribal law is authorized to be contained

in a residential lease agreement by agreement or otherwise.

19-6-103. Exclusive Crow Tribal Court Jurisdiction. A lease agreement shall not eliminate or

otherwise limit the exclusive jurisdiction of the Crow Tribal Court to hear any cause of action

which may arise from a residential lease agreement governing real property on the Crow

Reservation.

19-6-104. Landlords and Tenants -- No Firearm Prohibitions. Unless otherwise required by law,

a landlord may not, by contract or otherwise, prevent a tenant or a guest of a tenant from

possessing on the premises a firearm that it is legal for the tenant or guest to possess. A landlord

may prohibit the discharge of a firearm on the premises except in self-defense.

CHAPTER 7: TRIBAL RESIDENTIAL BUILDING CODE

19-7-101. Incorporation of CLB No. 10-08. As provided in Section 1 and Section 4 of CLB No.

10-08, the applicable tribal building code for new construction shall be the most recent edition of

the International Building Code, International Plumbing Code, International Electrical Code,

International Mechanical Code, and International Residential Code. Provided that, the Housing

Authority shall be deemed the tribal agency with inspection and enforcement authority as it

pertains to buildings intended for use as a private residence.

CHAPTER 8: PUBLIC SANITATION

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19-8-101. The Housing Authority shall follow all current laws, policies and rules of the Crow

Tribe, Federal Government, Memorandums of Understanding with the State of Montana and all

other applicable laws with regards to public sanitation.

CHAPTER 9: RELATIONSHIP WITH OTHER TRIBAL AGENCIES,

INSTRUMENTALITIES

19-9-101. Apsaalooke Water and Wastewater Authority. The Housing Authority and all persons

or entities engaged in any business or association with the Authority shall be fully subject to all

applicable provisions of the 2004 Apsaalooke Water and Wastewater Ordinance, as amended.

The working relationship between the Housing Authority and the Apsaalooke Water and

Wastewater Authority shall be in accordance with all applicable tribal laws and subject to the

constitutional supervision and oversight of the Executive Branch.

19-9-102. Tribal Water Resources Department. The Housing Authority and all persons or

entities engaged in any business or association with the Authority shall be fully subject to all

applicable provisions of the Crow Tribal Water Code, upon its adoption and approval under

federal and tribal law. The working relationship between the Housing Authority and Tribal

Water Resources Department shall be in accordance with all applicable tribal laws and subject to

the constitutional supervision and oversight of the Executive Branch.

19-9-103. Tribal Employment Rights Office. The Housing Authority and all persons or entities

engaged in any business or association with the Authority shall be fully subject to all applicable

provisions of the 2009 Crow Nation Workforce Protection Act, as amended, and the

administrative regulations promulgated in furtherance thereof. The working relationship

between the Housing Authority and Tribal Employment Right Office shall be in accordance with

all applicable tribal laws and subject to the constitutional supervision and oversight of the

Executive Branch.

19-9-104. Tribal Historic Preservation Office. The Housing Authority and all persons or entities

engaged in any business or association with the Authority shall be fully subject to all provisions

of the 2005 Crow Cultural Resource Protection Act, as amended. The working relationship

between the Housing Authority and Tribal Historic Preservation Office shall be in accordance

with all applicable tribal laws and subject to the constitutional supervision and oversight of the

Executive Branch.

19-9-105. Apsaalooke Nation Health Board. The working relationship between the Housing

Authority and Apsaalooke National Health Board shall be in accordance with all applicable tribal

laws and subject to the constitutional supervision and oversight of the Executive Branch.

19-9-106. Department of Public Safety. The Housing Authority and all persons or entities

engaged in any business or association with the Authority shall be fully subject to all provisions

of the Crow Criminal Code, including mandatory registration of violent and sexual offender

registration. The working relationship between the Housing Authority and Department of Public

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Safety shall be in accordance with all applicable tribal laws and subject to the constitutional

supervision and oversight of the Executive Branch.

19-9-107. Tribal Land Resources Department. The Housing Authority and all persons or entities

engaged in any business or association with the Authority shall not be subject to any provisions

of the Tribal Leasing Ordinance. The working relationship between the Housing Authority and

Tribal Land Resources Department, Land Management Department, and Land Management

Office shall be in accordance with all applicable tribal laws and subject to the constitutional

supervision and oversight of the Executive Branch.

19-9-108. Department of Homeland Security. The Housing Authority and all persons or entities

engaged in any business or association with the Authority shall be fully subject to all provisions

of the Crow Dog Control Ordinance. The working relationship between the Housing Authority

and Department of Homeland Security shall be in accordance with all applicable tribal laws and

subject to the constitutional supervision and oversight of the Executive Branch.

19-9-109. Tribal Entities Created by Law. The working relationship between the Housing

Authority and Crow Tribal Entities shall be in accordance with all applicable tribal laws.

CHAPTER 10: INDIAN HOUSING PLANS AND OTHER OUTSIDE FUNDING

19-10-101. Joint Action Resolution Required. The Housing Authority shall prepare and submit

the Indian Housing Plan, as required by NAHASDA, for Indian housing grant funding from the

United States Department of Housing and Urban Development. All Indian Housing Plans must

be authorized for submission by Tribal Joint Action Resolution and shall be fully subject to all

applicable Crow tribal law. The Indian Housing Plan must also include a public comment

period. The Board of Commissioners shall be responsible for providing public notice of the

annual Indian Housing Plan and receipt of comments to be forwarded to the Housing Authority.

Upon approval, the Indian Housing Plan and associated grant funding shall be fully administered

by the Housing Authority as the Crow Tribal Designated Housing Entity. All such funding shall

require authorization for expenditure under the Crow Tribal Budget according to the current

fiscal management laws of the Crow Tribe

19-10-102. Other Outside Source Funding Authorized. The Housing Authority, under the

supervision and direction of the Executive Branch, shall be eligible to apply for and receive any

outside source funding in the form of grants or contract awards. All such funding shall require

authorization for expenditure under the Crow Tribal Budget.

CHAPTER 11: OVERSIGHT AND REPORTING

19-11-101. Reporting. The Housing Authority shall report to the Executive Branch, Legislative

Branch and the General Council including but not limited to the following:

(1) Describe the use of grant amounts provided to the Housing Authority for the fiscal year;

(2) Assess the relationship of such use to the goals identified in the Indian Housing Plan;

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(3) Indicate the programmatic accomplishments, challenges and failures; and

(4) Describe the manner in which the Housing Authority plans to address the outcomes in

(3).

The Housing Authority shall make this report available by notice to the public for purposes of

the comment period as indicated under 19-10-101 of this Ordinance.

19-11-104. Reporting to Grantors. Reporting to all grantors to housing shall be made to the

Executive Branch according to Executive Branch Policy; and to the Legislature quarterly as

required by the Constitution.

CHAPTER 12: JUDICIAL REVIEW

19-12-101. Jurisdiction. The Crow Tribal Court shall have exclusive jurisdiction to hear appeals

from final agency actions of the Housing Authority.

19-12-102. Appeal Procedures. A person subject to a notice of violation may appeal a final

agency action of the Housing Authority by filing a civil cause of action in the Crow Tribal Court

within thirty (30) days of such action and naming the Housing Authority as the defendant. The

appellant shall also immediately serve a notice of appeal with the Board of Commissioners. The

appeal shall thereafter proceed before the Crow Tribal Court under the Tribal Rules of Civil

Procedure. In all appeals, the Crow Tribal Court shall give proper deference to the

administrative expertise of the Board of Commissioners and shall not reverse, set aside, modify

or remand any administrative decision unless deemed arbitrary and capricious, unsupported by

substantial evidence, or otherwise contrary to law.

19-12-103. Enforcement Petition. All final agency actions of the Housing Authority which

involve property interests protected by the Due Process Clause of the Crow Tribal Constitution

shall require an enforcement order of the Crow Tribal Court. In order to receive an enforcement

order, the Housing Authority shall file an enforcement petition, accompanied by the full

administrative record, which shall proceed before the Crow Tribal Court under the Tribal Rules

of Civil Procedure. In reviewing an enforcement petition, the Crow Tribal Court shall give

proper deference to the administrative expertise of the Board of Commissioners and shall not

reverse, set aside, modify or remand any administrative decision unless deemed arbitrary and

capricious, unsupported by substantial evidence, or otherwise contrary to law. In the event the

Crow Tribal Court determines the enforcement petition to be legally deficient for any reason, it

shall remand the matter to the Board of Commissioners with an order giving explanation as to

the basis of deficiency.

19-12-104. Appeal to Crow Court of Appeals. The Crow Tribal Court shall issue a written

decision and order on all appeals and enforcement petitions, which shall be final and binding

upon the parties unless the decision is appealed to the Crow Court of Appeals in accordance with

the Tribal Rules of Appellate Procedure. Any such appeals shall create an automatic stay of any

court orders or administrative actions for the duration of the appeal. After receiving a final

decision and order from the Court of Appeals, all tribal remedies shall be deemed exhausted.

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19-12-105. Costs and Attorney’s Fees. The Judicial Branch may, in its discretion, award costs

and attorney’s fees against any party whose appeal was frivolous, malicious, or in bad faith.

Under no other circumstances shall such costs and fees be entered against a party seeking

judicial review of actions of the Housing Authority.

19-12-106. Emergency Injunctive Relief. Notwithstanding any other provision of Crow tribal

law, the Judicial Branch shall have the power to issue injunctive relief in accordance with upon a

demonstration of sufficient cause, including under 19-2-109 of this Title.

19-12-107. Waiver of Civil Filing Fees and Appellate Bonds. Under no circumstances shall any

person subject to a notice of violation be required to make or guarantee any payment of any type

to the Judicial Branch for the cost of filing an appeal to the Crow Tribal Court or the Crow Court

of Appeals.

19-12-107. No Waiver of Sovereign Immunity. Nothing in this Act shall constitute any waiver

whatsoever of the Authority’s or the Crow Tribe’s sovereign immunity with respect to money

damages or any extra form of monetary relief.

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