Ho-Chunk Nation Legislature

Ho-Chunk Nation Legislature

Residential Leasing Code

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HO-CHUNK NATION CODE (HCC)

TITLE 8 – HOUSING, REAL ESTATE AND PROPERTY CODE

SECTION 11 – RESIDENTIAL LEASING CODE

ENACTED BY LEGISLATURE: DECEMBER 17, 2013

LAST AMENDED AND RESTATED: MAY 17, 2022

CITE AS: 8 HCC § 11

TABLE OF CONTENTS

CHAPTER I – INTRODUCTION

1.

2.

3.

4.

5.

6.

7.

8.

9.

Authority ...............................................................................2

Purpose..................................................................................3

Intent .....................................................................................3

Applicability .........................................................................4

Controlling Law ....................................................................4

Amendment ...........................................................................4

Effective Date ...................................................................... 4.

Severability ...........................................................................5

Definitions….........................................................................5

CHAPTER II – APPROVAL OF LEASE,

REQUIREMENTS, PROCESS, PAYMENT,

EXTENSIONS, TERMINATION, FORFEITURE,

CONTINUATION, AND RECORDING

10. Approval of Lease .................................................................8

11. Lease Requirements ..............................................................8

12. Lease Application Process ...................................................10

13. Payment................................................................................11

14. Termination of Lease ...........................................................12

15. Trespass................................................................................12

16. Forfeiture of Lease ...............................................................12

17. Lease Continuation ..............................................................12

18. Lease Extensions ..................................................................13

19. Recording .............................................................................13

20. Ownership of Records..........................................................13

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CHAPTER III – PURPOSE OF REVIEW,

REQUIREMENTS FOR APPROVAL,

CATEGORICAL EXCLUSIONS, AND

ENVIRONMENTAL REVIEW

21. Purpose of Review ...............................................................13

22. Requirements for Approval..................................................13

23. Categorical Exclusions.........................................................14

24. Environmental Review.........................................................14

CHAPTER IV – APPROVAL OF SUBLEASE AND

ASSIGNMENT, REQUIREMENTS AND

RECORDING

25. Approval of Sublease and Assignment ................................16

26. Requirements .......................................................................16

27. Recording .............................................................................17

CHAPTER V

APPROVAL OF LEASEHOLD MORTGAGE AND

RECORDING

28. Approval of Leasehold Mortgage ........................................17

29. Recording .............................................................................17

CHAPTER VI

COMPLAINT, FORM OF COMPLAINT, INFORMAL

RESOLUTION, DECISION, APPEAL, AND NO

WAIVER OF SOVEREIGN IMMUNITY

30. Complaint.............................................................................17

31. Form of Complain ................................................................17

32. Informal Resolution .............................................................18

33. Decision ...............................................................................18

34. Appeal ..................................................................................18

35. No Waiver of Sovereign Immunity......................................18

CHAPTER I

INTRODUCTION

1. Authority

a. Article V, Section 2(a) of the Ho-Chunk Nation Constitution (“Constitution”)

grants the Legislature the power to make laws, including codes, ordinances, resolutions,

and statutes.

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b. Article V, Section 2(l) of the Constitution grants the Legislature the power to

enact laws to manage, lease, permit, or otherwise deal with the Nation’s lands, interests

in lands or other assets.

c. Article V, Section 2(p) of the Constitution grants the Legislature the power to

create and regulate a system of property including but not limited to use, title, deed,

estate, inheritance, transfer, conveyance, and devise.

d. Article V, Section 2(r) of the Constitution grants the Legislature the power to

protect and foster Ho-Chunk religious freedom, culture, language, and traditions.

e. Article V, Section 2(u) of the Constitution grants the Legislature the power to

enact laws to regulate domestic relations of persons within the jurisdiction of the

Nation.

2. Purpose

The purpose of this Code is to enhance accountability and ensure that real property

held in trust by United States for the Ho-Chunk Nation (“Nation”) and leased by the

Nation to its members is used to provide minimal financial risk and clarify the legal

responsibility of the Nation.

The Nation has a critical role and responsibility to provide the Nation’s

communities and members with a sustainable, compatible method of leasing the

Nation’s lands that clarifies the expectations and responsibilities between the lessor and

lessee. The Nation recognizes that the provision of land and buildings plays a vital role

in the successful functional use of the Nation’s lands in all communities.

The Code shall be liberally interpreted and construed to implement the Helping

Expedite and Advance Responsible Tribal Home Ownership Act of 2012 (“HEARTH

Act”), amended 25 U.S.C. § 415, PL 112-151 and 126 Stat. 1150., by establishing a

process Lease Agreement with the Nation will not require the approval of the Secretary

of the Interior (“Secretary”) if the Lease Agreement is executed under this Code

approved by the Secretary. Nothing in this Code is intended to expand the authority or

responsibility of the Secretary beyond that provided for under applicable federal

statutes or regulations.

3. Intent

a. The Code covers land held in trust by the United States for the Nation that are

leased by the Nation for residential purposes on trust lands. The Nation’s real property,

consisting of land, buildings, air rights, mineral rights, cultural rights, and all other

constitutional, legal and Code rights, may only be used for a purpose that benefits the

Nation and the Nation’s members.

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b. Lease Agreements may relate to land.

c. The Nation will not, under any circumstances, permit the unrestricted use of its

property by individuals or groups. Use of the Nation’s properties requires a written

lease, license, or contract.

d. The lessee will agree to abide by all laws of the Nation.

4. Applicability

a. Except as excluded under Section 4(b) below, applicable federal statutes and

regulations this Code shall apply to:

1. All future Leases providing for the occupation or use of any of

the Nation’s land for residential use.

b. This Code shall not apply to:

1. Agricultural leases;

2. Commercial or business leases;

3. Fee simple leases

4. To any lease of fractional interests of Tribal Trust Land or

5. To any lease of individually owned Indian allotted land

5. Controlling Law

a. To the extent that this Code conflicts with any applicable federal statutes or

regulations the federal statute or regulation shall control.

b. To the extent that any Lease to which this Code applies conflicts with this Code,

this Code shall control.

6. Amendment

This Code may be amended by majority vote of the Ho-Chunk Nation Legislature

(“Legislature”) provided that no major substantive amendment hereto shall be effective

unless approved by the Secretary in accordance with applicable federal laws and

regulations.

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7. Effective Date

This Code shall become effect as the Nation’s law, for all purposes, on the date of

enactment by Legislature and approval by the Secretary.

8. Severability

If any provision or provisions of this Code shall in the future be declared invalid by

the Judiciary, the invalid provision or provisions shall be severed and the remaining

provisions shall continue in full force and effect.

9. Definitions

For the purpose of this Code the below terms are defined:

a. Assignment. An agreement between a Lessee and an Assignee, whereby the

Assignee acquires all or some of the Lessee’s rights, and assumes all or some of the

Lessee’s obligations, under a lease.

b. Best Interest of the Nation. An outcome most favorable based on a balancing

of interests undertaken in order to attain the highest economic income, increase in

economic development, preserve and enhance the value of the Nation’s trust land,

increase employment and preserve the sovereignty of the Nation

c. BIA. The Secretary of the Interior or the Bureau of Indian Affairs within the

Department of the Interior.

d. Code. A guiding or governing principle that mandates or constrains actions, has

Nation-wide application, will change infrequently and sets a course for the foreseeable

future, helps to ensure compliance, enhances the Nation’s mission and reduces liability

risk, and is approved by the authoritative decision-makers of the Nation.

e. Constructive notice means notice:

1. Posted at the tribal government office, tribal community building,

and/or the United States Post Office; and

2. Published in the local newspaper(s) nearest to the affected land

and/or announced on the local radio station(s).

f. Court of competent jurisdiction. A Federal, or Tribal, court with jurisdiction.

g. Department of Administration. The Nation’s Department of Administration.

h. Department of Housing. The Nation’s Department of Housing.

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i. Executive Director of the Administration Department. The Executive Director

of the Nation’s Administration Department.

j. Fair Market Rental. The amount of rental income that a leased tract of the

Nation’s land would most probably command in an open and competitive market, or as

determined by competitive bidding.

k. Housing Unit. All or any portion of any house, home, building, or other

structure used as a residence by any person that is located on the Nation’s land subject

to a Lease, to which this Code applies. Each Housing Unit type is of “Single-family

residence” as defined in 25 C.F.R. Section 162.103.

l. Interested Party. An Indian or non-Indian individual or corporation, or tribal or

non-tribal government whose interests could be materially affected by a decision of the

Nation to lease a Housing Unit on the Nation’s land.

m. Land Development Team. The Nation’s Land Development Team.

n. Life Estate. An interest in property held only for a duration of a designated

person(s)’ life. A life estate may be created by a conveyance document or by operation

of Ho-Chunk and/or federal law.

o. Lease. A written contract between the Nation and a Lessee, whereby the Lessee

is granted a right to possess the Nation’s land, for a specified purpose and duration. The

Lessee’s right to possess will limit the Nation’s right to possess the leased premises

only to the extent provided in the lease.

p. Leasing Office. The Nation’s Leasing Office, under the Nation’s Realty Division.

q. Lessee. A person or entity who has acquired a right to possess the Nation’s land

by executing a Lease.

r. Leasehold Estate. The possessory interest in the Nation’s land established

pursuant to a Lease between a Lessor and a Lessee.

s. Leasehold Mortgage. 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

the Lessee to a lender or other mortgagee.

t.

Legislature. The Ho-Chunk Nation Legislature.

u. Lessor. The Ho-Chunk Nation.

v. LTRO. The Land Titles and Records Office of the Bureau of Indian Affairs.

w. Mortgage. A lien on a Leasehold Estate given to secure advances on a loan to

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purchase, construct, refinance, or renovate a Housing Unit or improvement, and may

refer both to a security instrument creating a lien, whether called a mortgage, deed of

trust, security deed, or other term, as well as the credit instrument, or note, secured

thereby.

x. Mortgagee. Any person, entity, or government agency which lends under a

Leasehold Mortgage, and includes any assignee, or assign thereof.

y. Mortgagor. The Nation or any person or entity who has executed a Leasehold

Mortgage, including assign thereof.

z. Nation’s and. Any tract, in which the surface estate is owned the Nation in trust

or restricted status, and includes such lands reserved for BIA administrative purposes.

The term also includes the surface estate of lands held by the United States in trust for

an Indian corporation chartered under Section 17 of the Act of June 18, 1934 (48 Stat.

988; 25 U.S.C. § 477).

aa. NEPA. The National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq.

bb. Permanent Improvements. Buildings, other structures, and associated

infrastructure attached to the Nation’s land.

cc. Public for Purposes of Environmental Review. Include any person or entity

who will be substantially affected by the lease or the lease activity.

dd. Real Property. The Nation’s property that is land or land and building.

ee. Register of Deeds Office. The Nation’s Register of Deeds Office.

ff. Residential Lot Size. One acre or less when sewer and water are available.

Two acre minimum if well and septic need to be installed pursuant to Resolution

11-02-04D

gg. Secretary. The Secretary of the Interior.

hh. Significant Effect on the Environment. A substantial, or potentially

substantial, adverse change on the environment such as to the land, air, water,

minerals, flora, fauna, ambient noise, cultural areas and objects of historical cultural or

aesthetic significance..

ii. Sublease. A written agreement by which the Lessee grants to an individual or

entity a right to possession no greater than that held by the Lessee under the lease.\

jj. Squatter Rights. The legal allowance to use the property of another in the

absence of an attempt by the owner to force eviction.

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kk.

Trespass. Any unauthorized occupancy, use of, or action on the Nation’s land.

ll. Trust or restricted land. Any tract, or interest therein, held in trust or restricted

status.

ii. Trust or restricted status means:

1. That the United States holds title to the tract for the benefit of

the Nation; or

2. That the Nation 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

mm. Violation. A failure to take an action, including payment of compensation, when

required by the lease, or to otherwise not comply with a term of the lease. This definition

applies for purposes of our enforcement of a lease under this part no matter how “violation”

or “default” is defined in the lease.

CHAPTER II

APPROVAL OF LEASE, REQUIREMENTS, PROCESS, PAYMENT,

EXTENSIONS, TERMINATION, FORFEITURE,

CONTINUATION, AND RECORDING

10. Approval of Leases

a. All leases shall be subject to the approval of the Department of Administration

which shall provide monthly reporting of data regarding leases to the

Development Committee.

b. All leases shall be signed by the Vice-President of the Ho-Chunk Nation.

c. After the Secretary approves this Code, all leases which are approved and

executed under this Section shall be effective without federal this Code, unless the

Secretary rescinds approval of this Code and reassumes responsibility for such

approval.

d. Any lease which is approved and executed under this Section shall refer to this

Code as authority for its execution on behalf of the Nation.

11. Lease Requirements

a. All Leases shall be in writing, and at a minimum, shall:

1. Describe the tract or parcel of the Nation’s land that is being leased,

or on which the residential unit being leased is located with reference to a

public or private survey plan, if available, in terms sufficient for LTRO to

identify the leased premises for the purposes of recording;

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2. State the purpose of the Lease and authorized uses of the premises;

3. Identify the parties to the Lease;

4. State the effective date and term of the Lease, which shall not exceed

seventy-five (75) years;

i. If the lease provides for an option to renew, the lease must specify;

1. The time and manner in which the option must be exercised or

is automatically effective;

2. That confirmation of the renewal will be submitted to the

Lessor, unless the lease provides for automatic renewal;

3. Whether the Lessor consent to the renewal is required;

4. That the Lessee must provide notice of the renewal to the

Lessor

5. The additional consideration, if any, that will be due upon the

exercise of the option to renew or start the renewal term; and

6. Any other conditions for renewal (e.g., that the Lessee not be

in violation of the lease at the time of renewal).

5. If a Lease authorizes the Lessee to make Permanent Improvements

during the term of the Lease the Lease shall identify the general type of each

improvement by providing a building plan, construction schedule, and the

location of the improvement, and the responsibility for constructing,

operating, maintaining, and managing the Permanent Improvements during

the Lease term. The Lessee shall be required to provide reasonable notice

to Lessor of the construction of any Permanent Improvements not described

in the lease. The Lease must specify if the permanent improvements will

remain on the leased premises upon expiration, termination or cancellation

of the lease, in a condition satisfactory to the Nation and become property

of the Nation; be removed within a time syated in the lease, at the Lessee’s

expense; or be disposed of by other means specified in the lease. The Lease

must also provide the Nation wait an option to waive removal language.

Ownership of Permanent Improvements shall be defined by the Lease

subject to applicable Ho-Chunk codes.

6. Specify all rent and payment requirements, including payment due

dates, payee, place of payment, and any interest in a form of acceptable

payment;

i. If the lease has requires rental reviews or adjustments over the lease

term, the lease must;

1. State how adjustments are made;

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2. State who makes the adjustment;

3. When the Adjustment is effective; and

4. How the disputes about adjustments are resolved.

7. State the due diligence and insurance requirements that apply, if

any;

8. A performance bond shall not be required;

9. State the process for amendment, which shall be in writing, signed

by both parties, and with the consent of any Mortgagee;

10. State the governing law, which may include the Nation’s laws and

applicable federal statutes and regulations; and

11. Include or attach all other provisions required under any applicable

federal statutes or regulations, including without limitation including the

following:

i.

Use of Premises. It is herein agreed that during the lease term

that there must not be any unlawful conduct, creation of a nuisance,

illegal activity, or negligent use of waste on Leased Premises.

ii.

Violations of Lease. The Lessee must comply with all

applicable laws, ordinances, rules and regulations;

iii.

Historic Preservation. If historic properties, archeological

resources, human remains, or other cultural items not previously

reported are encountered during the course of any activity associated

with this lease, all activity in the immediate vicinity of the

properties, resources, remains, or items will cease and the Lessee

will contact BIA and the Nation to determine how to proceed and

appropriate disposition;

iv.

Inspection of Premises. The lender, applicable Federal

Agency, and the Lessor and their authorized representative shall

have the rights, at any reasonable times during the term of this lease,

and with reasonable notice, to enter upon the Leased Premises, or

any part thereof, to inspect the same and all buildings and other

improvements erected and placed thereon.

v.

Inspection of Records. The Lessor and the appropriate

agencies may treat any failure by the Lessee to cooperate with a

request to make appropriate records, reports, or information

available for inspection and duplication as lease violation.

vi.

Hold Harmless. The Lessee holds the Lessor and the United

States harmless from any loss, liability, or damages resulting from

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the Lessee's use or occupation of the Leased Premises.

vii.

Hazardous Materials. The Lessee indemnifies the Lessor and

the United States against all liabilities or costs in relation to the use,

handling, treatment, removal, storage, transportation, or disposal of

hazardous materials, or release or discharge or any hazardous

material from the Leased Premises that occurs during the lease term,

regardless of fault, with the exception that the Lessee is not required

to indemnify the Lessor for liability or cost arising from the Lessor’s

negligence or willful misconduct.

12. State, if Leased land is within an Indian irrigation project or

drainage district, the following:

If Leased premises are within an Indian irrigation project or

drainage district, except as provided by 25 CFR 171, the

Lessee must pay all operation and maintenance charges that

accrue during the lease term. The Lessee must pay these

amounts to the appropriate office in charge of the irrigation

project of drainage district.

12. Lease Application Process

a. Land-Use and Site Planning: Residential Leases are issued only for properties

identified appropriate for residential development within the Nation’s Land-Use Plan

and should be consistent with the Nation’s official zoning map. Prior to approval of a

residential lease, a subdivision plat or certified survey map with a legal land description

for the property must be approved and provided to the Leasing Office as a plan-ofrecord.

b. Site Availability: The Leasing Office and Geospatial Information System

Office (GIS) will maintain grid maps for property which the Division of Planning and

Development (“Planning”) has approved for residential development. The maps will

show all available sites for building.

c. Initial Screening: Department of Housing staff will verify in writing to the

Leasing Office that all applicants have been approved by the Department of Housing

for new home construction, if the applicant is funded through a federal program. If the

applicant is utilizing other methods of funding, Department of Housing staff will verify

that applicant has the funding necessary for new home construction.

d. Pre-application: Applicant requests assistance in acquiring a residential lease

from the Leasing Office. After the applicant identifies a potential building site, the

Leasing Office confirms that the parcel is available for lease and appropriately zoned.

The Land Development Team (“LDT”) must be consulted to address potential plan

amendments, rezoning, or other land-use regulations. A preliminary site evaluation

must be completed by the appropriate entities of the Nation. The Leasing Office may

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request, to the appropriate entities, an updated site evaluation if the Leasing Office

warrants enough time has passed from the initial preliminary site evaluation.

e. Application Submittal: Applicant submits a completed application to the

Leasing Office (see completed application requirements). The Leasing Office retains

the original application. The application is stamped in with submitted time and date and

expires three (3) months from the stamped date if no action is taken. A specific lease

parcel is not chosen until the Application information is complete with proof of

financing.

f. Application Review: The Leasing Office staff will review the application for

completeness. Incomplete applications will be returned to the Applicant with a letter

outlining information necessary to move the application forward. Completed

applications are filed with the Leasing Office.

g. Land Lease Approval: Once the lease application is complete, the Leasing

Office will draft a standard Residential Lease per the requirements under Section 11 of

this Code. The Leasing Office staff will make an advisory recommendation to the

Executive Director of Administration. The Executive Director of Administration will

approve or deny the Residential Lease. The Executive Director of Administration may

require additional information from the Leasing Office prior to approval or denial, if

needed. The Vice-President will sign two (2) original completed Residential Leases and

return the approved leases to the Leasing Office. The Leasing Office will record and

retain the original documents in a lease file.

13. Payment

For any Lease requiring payments, which shall be negotiated by the Nation or

through its designated department, official, or agent and approved by Legislative

resolution, to be made to the Nation the Nation shall provide the Secretary with such

documentation of the lease payments that are sufficient to enable the Secretary to

discharge the trust responsibility of the United States such that:

a. The United States shall not be liable for losses sustained by any party to a lease

executed; or

b. Pursuant to the authority of the Secretary to fulfill the trust obligation of the

United States to the Nation under Federal law (including regulations), the Secretary

may, upon reasonable notice from the Nation and at the discretion of the Secretary,

enforce the provisions of, or cancel, any lease executed by the Nation

14. Termination of Lease

If construction has not commenced within one (1) year of the execution date of the

Lease, the Leasing Office will notify the Lessee, via certified mail, that they have thirty

(30) days in which to produce an executed signed construction contract. If a contract is

not provided to the Leasing Office within thirty (30) days, the lease will be forwarded

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to the Executive Director of Administration for review and make an appropriate

decision for extension or termination. If a Lease is terminated, the Leasing Office may

also initiate the lease process according to their guidelines.

15. Trespass

If an individual or entity takes possession of, or uses, the Nation’s land without a

lease and a lease is required, the Nation may treat the unauthorized possession or use

as a trespass. The Nation does not recognize squatter rights. The Nation may take

action to recover possession and pursue any additional remedies available under

applicable law.

16. Forfeiture of Lease

A Lessee may forfeit their lease by obtaining a Land Lease Cancellation Form from

the Leasing Office. The Lessee must submit a signed, notarized original to the Leasing

Office. The Leasing Office will forward the form cancelling the land lease to the

Executive Director of Administration for action. Once the cancellation is executed, it is

filed with the Register of Deeds Office and a copy is provided to the former lessee. The

property will then be offered in accordance with the Selection Review section of the

land lease process. If the property has not been reserved for the Department of Housing,

the Leasing Office may also initiate the lease process according to their guidelines.

17. Lease Continuation

If during the land lease application process the Applicant withdraws from the

Department of Housing only, the land lease may, by request of the Applicant, continue

to be processed by the Leasing Office for the remainder of the 90-day timeframe for

lease applications. After which if the Applicant has not obtained other financing, the

Leasing Office will consider the lease application as incomplete and proceed with the

process described in 12. (f).

18. Lease Renewal

The Leasing Office and Executive Director of Administration will review requests

for lease renewals on a case-by-case basis.

19. Recording

a. The Leasing Office will provide the completed Lease and the Designation of a

Beneficiary of Lease Form for signature by applicant. Lessee shall be required to pay

lease rent as is indicated by lease agreement prior to lease issuance. Following signing

and payment of rent Leasing Office will record and provide a certified copy to the

Lessee. Original documents will be maintained by Register of Deeds Office and with

the Bureau of Indian Affairs Land Titles and Records Office (LTRO) with jurisdiction

over the Nation. The Department of Housing will receive a certified copy where

indicated.

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b. In the case(s) where, under the lease terms, the Lessee is required to pay an

amount equal to the property taxes, Lessee shall be required to pay a security deposit

equal to the amount of the taxes for the previous year plus agree to pay any increase

that may occur. Further Lessee shall complete a waiver form authorizing future

payments to be escrowed or automatically deducted from their pre-capita payments.

20. Ownership of Records

Records of activities taken pursuant to this Code are the property of the Nation.

CHAPTER III

PURPOSE OF REVIEW, REQUIREMENTS FOR APPROVAL, CATEGORICAL

EXCLUSIONS, AND ENVIRONMENTAL REVIEW

21. Purpose of Review

The purpose of this Section is to establish an environmental review process that

satisfies the requirements of t this code.

22. Requirements for Approval

a. The Executive Director of Administration shall not approve a Lease under Section

10 of this Code unless:

1. The Ho-Chunk Nation Division of Natural Resources (“DNR”) has

reviewed the Lease and such other information as may be necessary to

identify and evaluate any Significant Effect on the Environment of the

intended use of the Premises, and has:

i.

Made a determination that the uses authorized by the

Lease are included within the categorical exclusion stated in

Section 23 and provided that determination in writing to the

Leasing Office;

ii.

Issued a final decision after following the procedure set

forth in Section 24; or

2. The DNR has provided the Leasing Office with notice that the

Nation has carried out a project or activity funded by a federal agency and

that it has relied on the Environmental Review Process of the applicable

federal agency rather that the procedures set forth in Section 24.

23. Categorical Exclusions

a. The Legislature hereby finds that the following action do not individually or

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cumulatively have a Significant Effect on the Environment, and therefore, except as

otherwise provided in subsection 23(b), are categorically excluded from the procedures

set forth in Section 24:

1. Approval of the Lease for residential use of an existing housing unit,

including any associated improvements, access roads, and utilities;

2. Approval of a Lease for five (5) acres or less of contiguous land for

construction and residential use of a single structure of one (1) to four (4)

dwelling units and any associated improvements, access roads, and utilities.

b. Notwithstanding subsection 24(a), the DNR shall follow the procedures set

forth in Section 24 if it determines that extraordinary circumstances exist under which

the residential use of the Premises may, individually or collectively, have a Significant

Effect on the Environment, including without limitation, as set forth below:

1. Substantial controversy on environmental grounds;

2. Presence of cultural resources; or

3. Presence of historic proprieties.

24. Environmental Review

a. Unless a categorical exclusion applies the DNR shall cause the effects on the

environment of the intended uses authorized by the proposed Lease to be identified and

evaluated as follows:

1. If the DNR determines that the uses authorized by the proposed

Lease will not have a Significant Effect on the Environment then it shall

cause the following to occur in order set forth below:

i.

A finding of no significant impact shall be issued and posted

for a minimum of fifteen (15) calendar days in a prominent,

noticeable place in the Nation’s Executive Office Building.

ii.

If there is a substantial interest in holding a public meeting it

shall be held in accordance with other Ho-Chunk codes to provide

an opportunity for Nation members to comment, both written and

verbal, on the finding of no significant impact.

iii.

Comments shall be reviewed and analyzed and a report shall

be issued by the DNR responding to relevant and substantive

comments, if any, regarding the finding of no significant impact.

The report shall be posted for a minimum of fifteen (15) calendar

days in a prominent, noticeable place in the Nation’s Executive

Office Building.

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iv.

Unless subsection 24(a)(2) applies a final decision on

confirming that the uses authorized by the proposed Lease are

expected to have no Significant Effect on the Environment shall be

issued, sent to the Legislature for approval, and posted for fifteen

(15) calendar days in a prominent, noticeable place in the Nation’s

Executive Office Building.

2. If the DNR determines that the proposed Lease will have a

Significant Effect on the Environment then it shall cause the following to

occur in the order set forth below:

i.

A draft environmental review which identifies and evaluates

any Significant Effect of the Environment of uses authorized by the

proposed Lease shall be issued and posted for a minimum of thirty

(30) calendar days in a prominent, noticeable place in the Nation's

Executive Office Building in additional to a publication on the

Nation’s publicly accessible website;

ii.

A meeting shall it shall be held

applicable Ho-Chunk codes on the draft environmental review to provide an

opportunity for the public to comment for the purposes of environmental review,

both written and verbal, on any Significant Effect on the Environment of the uses

authorized by the proposed Lease;

iii.

Comments shall be reviewed and analyzed and a report by

the DNR shall be issued responding to relevant and substantive

comments, if any, on any Significant Effect on the Environment of

the uses authorized by the proposed Lease. The report shall be

posted for a minimum of thirty (30) calendar days in a prominent,

noticeable place in the Nation’s Executive Office Building in

additional to a publication on the Nation’s publicly accessible

website;

iv.

A final environmental review describing the conclusions of

the DNR report on the issues and evidence gathered under this

Subsection shall be issued and posted for a minimum of thirty (30)

calendar days in a prominent, noticeable place in the Nation’s

Executive Office Building in additional to a publication on the

Nation’s publicly accessible website; and

v. A final decision assessing the potential for any Significant Effect

on the Environment associated with the uses authorized by the

Lease shall be issued, sent to the Legislature for approval, and

posted for a minimum of thirty (30) calendar days in a

prominent, noticeable place in the Nation’s Executive Office

Building in additional to a publication on the Nation’s publicly

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accessible website.

CHAPTER IV

APPROVAL OF SUBLEASE AND ASSIGNMENT, REQUIREMENTS AND

RECORDING

25. Approval of Sublease and Assignment

a. All Subleases and Assignments, other than to a Mortgagee, shall be subject to

the approval of the Department of Administration in manner consistent with the Nation’s

Constitution and laws.

b. All Subleases and Assignments which are subject to the approval of the

Department of Administration shall be signed by the Vice-President.

c. After the Secretary approves this Code, all Subleases and Assignments which

are approved and executed under this Section shall be effective without federal

approval this code, unless the Secretary rescinds approval of this Code and reassumes

responsibility for such approval.

d. All Subleases and Assignments shall require the prior approval of any

Mortgagee or Surety, if required by the Mortgagee or Surety Agreement.

26. Requirements

a. A Lessee may sublease a Housing Unit or Nation’s land in accordance with this

Section.

b. A Lessee may assign a Lease in accordance with this Section.

c. No Sublease shall relieve the Lessee or sub-lessor of any liability under the

Lease as provided in this Code.

d. In any Assignment, other than to a Mortgagee of the Leasehold Estate, the

assignee must agree in writing to assume all of the obligations and conditions of the

Lease, and that the Lease is subject to all applicable this Code.

27. Recording

All Subleases and Assignments and amendments thereto shall be recorded at the

Register of Deeds Office with copies provided to the Bureau of Indian Affairs with

jurisdiction over the Nation’s land.

CHAPTER V

APPROVAL OF LEASEHOLD MORTGAGE AND RECORDING

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28. Approval of Leasehold Mortgage

a. All Leasehold Mortgages under a Lease must be separately authorized by the

Legislature, unless the Lease authorizes a Leasehold Mortgage and states the law

governing foreclosure.

b. After the Secretary approves this Code, all Leasehold Mortgages which are

authorized under this Section shall be effective without federal approval under

this Codeunless the Secretary rescinds approval of this Code and reassumes

responsibility for such approval.

29. Recording

All Leasehold Mortgage, assignments, amendments, satisfactions and sales relating

thereto shall be recorded at the Register of Deeds Office with copies provided to the

LTRO with jurisdiction over the Nation’s land provided that, to the extent required by a

Mortgagee. A Leasehold Mortgage shall also be recorded in the appropriate county

register of deeds.

CHAPTER VI

COMPLAINT, FORM OF COMPLAINT, INFORMAL RESOLUTION,

DECISION, APPEAL, AND NO WAIVER OF SOVEREIGN IMMUNITY

30. Complaint

An Interested Party who has reasonable grounds to believe that the Nation has failed

to comply with this Code has the right to file a Complaint under this Section.

31. Form of Complaint

The Complaint shall be in writing, signed by the Interested Party, with a description

of the alleged noncompliance with this Code which is the subject of the complaint, state

all relief requested and submitted to the Legislature.

32. Informal Resolution

The Legislature shall make reasonable efforts to resolve the Complaint informally,

including, but not limited to, scheduling a meeting with the Interested Party for such

purpose. All complaints which are resolved through such informal resolution shall be

reduced to writing and signed by the Legislature and the Interested Party.

33. Decision

If the Complaint is not resolved informally, the Legislature shall issue a decision

on the Complaint, which shall be in writing and signed by the Legislature. The

Legislature shall cause the decision to be delivered to the Interested Party no later than

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twenty (20) business days after receipt of the Complaint. The decision of the Legislature

shall constitute a final decision.

34. Appeal

In accordance with this Code an Interested Party who has exhausted the Nation’s

remedies set forth in this Section may submit a petition to the Secretary, at such time

and in such form as the Secretary deems appropriate, to review the Nation’s compliance

with this Code.

35. No Waiver of Sovereign Immunity

Nothing in this Code shall be deemed to waive the sovereign immunity of the

Nation or any of its officials, employees, or representatives.

Legislative History:

09.03.13

Legislature adopts resolution 09.03.13C placing the Residential Leasing Code out for

forty-five day public comment.

12.17.13

Legislature adopts resolution 12.17.13G Approving and Enacting the Residential

Leasing Code Pursuant to the HEARTH Act.

11.18.14

Legislature rescinds and restates resolution 12.17.13G via resolution 11.18.14G.

08.20.19

Legislature places the Residential Leasing Code out for forty-five day public comment

via Resolution 08-20-19G.

02.04.20

Legislature adopts amendments to the Residential Leasing Code via Resolution 02-0420A.

05.17.22

Legislature adopts amendments via Resolution 05.17.22A.