Hoopa Valley — Title10 Land Assignment And Lease Ordinance June 18 2009

10.0

10.1

10.2

10.3

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10.5

10.6

10.7

Title 10

TRIBAL LAND ORDINANCE

OF THE

HOOPA VALLEY TRIBE,

As Amended June 18, 2009

As Amended March 17, 2005

As Amended April 5, 1999

As Amended May 28, 1996

Original April 30, 1991

TABLE OF CONTENTS

SHORT TITLE

PURPOSE

TRIBAL LAND POLICY

DEFINITIONS

TRIBAL LAND MANAGEMENT DEPARTMENT

10.4.0 ESTABLISHMENT OF LAND MANAGEMENT DEPARTMENT

10.4.1 POWERS OF LAND MANAGEMENT DEPARTMENT

10.4.1.1 Powers of the Land Management Department

10.4.1.2 Develop and Enforce Regulations

10.4.1.3. Relations With Other Entities

10.4.1.4 Transferring Leases into Assignments

10.4.1.5 Maintenance of Records

LAND CONSOLIDATION PLAN, TRUST STATUS TRANSFERS

10.5.1 LAND CONSOLIDATION PLAN

10.5.2. TRANSFERS OF TRUST AND FEE STATUS

RESERVED, IMPLIED RIGHTS OF THE HOOPA VALLEY TRIBE

10.6.1 RESERVED, IMPLIED RIGHTS

10.6.2. OFF-SETS

COUNCIL RESIDENTIAL ASSIGNMENTS ~ GENERAL PROVISIONS

10.7.0 PURPOSE

10.7.1. TERMS AND CONDITIONS OF ASSIGNMENTS

10.7.1.1 Size of Assignments

10.7.1.2 Maintenance of Property

10.7.1.3. Numerous Assignments Null and Void

10.7.1.4 Residential Assignments Supersedes Grazing Assignments

10.7.1.5 Tribal Credit Delinquent Loans

10.7.1.6 Subject to Applicable Laws

10.7.1.7_ No Assignment of Unsurveyed Areas

10.7.1.8 Conservation Practices

10.7.1.9 Riparian Set-Backs

10.7.1.10 Minimum Boundary Set-Backs

10.7.2 RESERVATIONS FROM ASSIGNMENT

10.7.2.1 No vested rights or Title in Property

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10.7.2.2 Mineral and Resources Reserved

10.7.2.3. Reserved Rights of Way, Easements

10.7.2.4 Use of Merchantable Timber

10.7.2.5 Limitation of Acreage

10.7.3 INHERITANCE

10.7.3.1 Designated Beneficiary

10.7.3.2 Designated Minor

10.7.3.3 No Designated Beneficiary

10.7.3.4 Designated Minor Reaching Eligible Age

10.74 EXCHANGE OF ASSIGNMENT

{0.7.5 VOLUNTARY RELINQUISHMENT

10.7.6 REMOVAL OF UNMERCHANTABLE TIMBER

10.7.7, NO ASSIGNMENT OF INTEREST

10.7.7.1 Rent, Assignment, Lease, Sublease, Transfer — Prohibited

10.7.7.2 Collateral, Pledges, Etc. — Prohibited

10.7.8 RESPONSIBILITIES OF ASSIGNEE

10.7.8.1 Fulfilling terms of Assignment

10.7.8.2 Subject to Applicable Laws

10.7.9 ELIGIBILITY FOR ASSIGNMENT

10.7.10 APPLICATION FOR ASSIGNMENT

10.7.10.1 Written Application

10.7.10.2 Land Department Processing

10.7.11 DOCUMENT PRIORITY, ASSIGNMENT PREFERENCE

10.7111 Priority for Processing Applications

10.7.11.2 Preference For Granting Assignments

10.7.11.3 Preference to Applicants Without Land

10.712 IMPROVEMENTS ON ASSIGNMENTS

10.7.12.1 Use of Property Within 12 Months

10.7.12.2 Inheritance of Improvements

10.7.12.3 Improvement — Relinquishment, Cancellation, Etc.

10.7.12.4 Extension of Removal Time

10.7.13 REMOVAL OF SLASH AND DEBRIS

10.7.14 PROPERTY SURVEY, FENCE CONSTRUCTION

10.7.14.1 Survey Requirements

10.7.14.2 Fence Requirements

10.7.15 LAND APPROVAL PACKAGE

10.7.16 DEPOSIT OF REVENUES

10.7.17 PROCEDURES — USE OF IMPROVEMENTS AS SECURITY

10.7.18 ASSIGNMENTS ASSIGNED FOR HUD AND CREDIT PROGRAM

PURPOSES

10.7.18.1 Assignment Administration — Credit Program, Housing Authority

10.7.18.2 Mortgage Lending Provisions

10.7.19 TRIBAL AND PERSONAL RESERVES

10.7.19.1 Reserves, Restrictions, Limited Areas and Access

10.7.19.2 Reserves and Restricted Areas

10.8 TRIBAL LAND ASSIGNMENTS

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10.8.0 PURPOSE

10.8.1 NOT REINSTATEMENT OR ISSUANCE OF ASSIGNMENTS

10.8.2 NO AUTHORIZATION FOR CLAIMS

10.8.3 LIMITED APPLICATION

10.8.4 TRIBAL COURT DELEGATION

10.8.5 TRIBAL LAND ASSIGNMENTS

TRIBAL LAND ASSIGNMENT ORDINANCE

10.9 GRAZING AND AGRICULTURE ASSIGNMENTS

10.9.0 PURPOSE

10.9.1 GRAZING ASSIGNMENTS

10.9.1.1 Grazing Assignment Definition

10.9.1.2 Eligibility

10.9.1.3. Application, Consideration

10.9.1.4 Number of Grazing Assignments

10.9.1.5 Grazing Capacity

10.9.1.6 Fences, Maintenance

10.9.1.5 Environmental Considerations

10.9.1.6 Duration and Renewal of Assignments

10.9.1.7 Fees

10.9.1.8 Waiver of Bonds

10.9.1.9 Residential Lease Supersedes Grazing Assignments

10.9.2, AGRICULTURAL ASSIGNMENT

10.9.2.1 Agricultural Assignments Definitions

10.9.2.2 Eligibility

10.9.2.3 Waiver of Bonds

10.9.2.4 Duration and Renewal of Assignments

10.9.2.5 Fees

10.9.2.6 Annual Reports

10.10 COMMERCIAL ASSIGNMENTS

10.10.0 PURPOSE

10.10.1 COMMERCIAL ASSIGNMENTS DEFINITION

10.10.2 ELIGIBILITY

10.10.3 COMMERCIAL ASSIGNMENT FEES

10.10.4 FACTORS FOR CONSIDERING COMMERCIAL ASSIGNMENTS

10.10.5 RESOURCE RELATED ASSIGNMENTS

10.11 LAND ACQUISITION AND EXCHANGE

10.11.0 PURPOSE

10,11.1.1 Establishment of Land Acquisition Reserve Fund

10.11.1.2 Withdrawals From Land Acquisition Reserve Fund

10.11.1.3 Land Acquisition Procedure

10.11.1.4 Use of Acquired Land

10.11.15 Non-Member Acquisition and Intergovernmental Agreements

10.11.2 LAND EXCHANGES

10.11.2.1 Exchanges Involving Fee Property

10.11.2.2 Exchanges for Assignment Land

10.11.2.3 Land Exchange Outside Reservation Boundaries

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10.12, WATER RIGHTS

10.12.1 PURPOSE

10.12.2 INTERPRETATION OF FEDERAL, STATE AND OTHER LAWS

10.12.3 AUTHORITY OF TRIBAL COURT

10.12.4 APPOINTMENT OF AD HOC WATER COMMITTEE

10.13, ENFORCEMENT PROVISIONS

10.13.0 ENFORCEMENT POLICY

10.13.1 RELINQUISHMENT, NOTICE OF CANCELLATION

10,13.2 DEPARTMENT HEARING, APPEAL

10.13.3 TRIBAL COURT JURISDICTION

10.13.4 TRIBAL COURT REVIEW

10.13.5 REMOVAL OF PERSONAL PROPERTY

10,13.6 PROBATIONARY PERIOD

10.13.7 ASSIGNMENT CANCELLATION

10.13.7.1 Cancellation for Cause

10.13.8 ENFORCEMENT — LAND ASSIGNMENT ORDINANCE

10.13,9 NOTICE OF OTHER VIOLATIONS

10.13.10 TRIBAL COURT ACTIONS

10.13.11 VIOLATIONS AND PENALTIES

10.13.12 OTHER PENALTIES

10.14 CONSTRUCTION

10.15 SEVERABILITY

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TITLE 10

ORDINANCE OF THE HOOPA VALLEY TRIBE

HOOPA VALLEY INDIAN RESERVATION

HOOPA, CALIFORNIA

ORDINANCE NUMBER: 1-91, AS AMENDED

DATE ADOPTED: JUNE 18, 2009

SUBJECT: TRIBAL LAND ORDINANCE OF THE HOOPA VALLEY TRIBE

WHEREAS: The Hoopa Valley Tribe did on June 20, 1972 adopt a Constitution and Bylaws

which were approved by the Commissioner of Indian Affairs on August 18, 1972, ratified by Act

of Congress on October 31, 1988, and amended on June 19, 1990, and by tribal law, the

sovereign authority of the Tribe, pertaining to the matter described herein, is delegated to the

Hoopa Valley Tribal Council, acting by resolution;

WHEREAS: Article IX, Section 1(a) and Article IX Section 1(i) of the Hoopa Valley Tribal

Constitution and Bylaws grants the Tribal Council authority to administer all tribal property,

including its use and disposition;

WHEREAS: The history of the members of the Hoopa Valley Tribe has been one of a strong

relationship with the land. From time immemorial, the land has supplied the Tribe with all

material needs with which to survive. It is essential to the development of the Hoopa Valley

Tribe and for the protection of the land base that a tribal Ordinance setting forth and clarifying

the distribution, status, and use of tribal lands be understood by all people, and

WHEREAS: From time immemorial, the Hoopa Valley Tribe has practiced conservation to

protect the valuable wildlife and natural resources subject to its jurisdiction from waste and

excessive exploitation. It is the tribal policy that Reservation lands be used in a multiple use

fashion for the domestic need of tribal members, providing for the needs of the Tribe and for

economic and cultural development of the Reservation, and

WHEREAS: The Hoopa membership by referendum vote did adopt the Tribal Land Assignment

Ordinance and the Hoopa Valley Tribal Council has from time to time enacted resolutions and

policies designed fo issue and administer various types of land uses beyond the scope of

assigning rights to occupy and use tribal land, and there now exists a need to enact a tribal law to

manage tribal lands in a comprehensive manner, and

NOW THEREFORE BE IT RESOLVED: That the Hoopa Valley Tribal Council of the Hoopa

Valley Tribe does hereby enact Title 10.0 of the Law and Order Code of the Hoopa Valley Tribe,

hereby renamed as the Tribal Land Ordinance, which shall govern alt land transactions of the

Tribe and will govern other land activities within the Hoopa Valley Reservation as prescribed in

this Ordinance to the greatest extent allowed by law.

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BE IT FURTHER RESOLVED: That any amendments to Section 10.8.6 of this Ordinance shall

only be valid if undertaken by referendum election of the Tribal membership.

BE IT FURTHER RESOLVED: That nothing in this amended Ordinance shall affect the status

of lands designated under previous versions of the Tribal Land Ordinance, except as provided

herein.

10.0 SHORT TITLE

The short title of this Ordinance shall be the Tribal Land Ordinance of the Hoopa Valley

Tribe .

10.1. PURPOSE

The purpose of this Ordinance is to establish uniform policies and procedures for the use,

assignment, development and acquisition of lands within the Hoopa Valley Indian Reservation,

and those lands outside the Reservation boundaries that are of interest to the Tribe. The

provisions of this Ordinance are intended to protect the needs of tribal members and activities of

the Tribe, while preserving and protecting the long term interest in tribally controlled and other

lands in such a way so as to promote and otherwise safeguard the interests of the Hoopa Valley

Tribe.

10.2. TRIBAL LAND POLICY

It is declared that the land policy of the Hoopa Valley Tribe shall be to regain in trust

status all lands within the exterior boundaries of the Hoopa Valley Indian Reservation; that such

lands be under the exclusive jurisdiction and sovereign authority of the Hoopa Valley Tribe; that

every effort be made to expand the landbase of the Hoopa Valley Tribe; and that all lands under

the jurisdiction and sovereign authority of the Tribe be managed in such a way that preserves and

promotes the long term interest of the Hoopa Valley Tribe.

10.3 DEFINITIONS

In construing the provisions of this Ordinance, the following words or phrases shall have

the meaning designated unless a different meaning is expressly provided, or the context clearly

indicates otherwise:

10.3.1 “Assignee” shall mean one to whom an assignment of tribal land is made in accordance

with the provisions of this Ordinance.

10.3.2 “Council Assignment” shall mean a formal right to use Reservation land subject to the

provisions of this Ordinance as now set forth or as it may be amended from time to time.

Council Assignments are separate from those issued under the authority of Tribal

€

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Assignments approved by referendum election, as provided in Section 10.8 of this

Ordinance.

10.3.3 “Tribal Assignment” means an assignment authorized pursuant to the Tribal Membership

Referendum which authorized Tribal Assignments to Tribal members in accordance with

that referendum.

10.3.4 “Tribe” shall mean the Hoopa Valley Tribe recognized by the United States of America.

10.3.5 “Beneficial Use” shall mean the right to use and enjoy an assigned parcel of land. As

used in this Ordinance, any beneficial use is subject to both federal and tribal laws

governing the use of tribal lands.

a) Beneficial use and occupancy shal! include but not be limited to:

b)

i)

ii)

iii)

Residence of the premises by the assignee or his/her immediate family for at

least six months of each calendar year, or

Performing of at least $100 worth of improvements on the land each calendar

year, or

Actual use of the land, consistent with the assignment agreement, for

pasturing of livestock if fenced; for farming, gardening, or other agricultural

use, for business purposes; or for such other use as may be stipulated in the

assignment documents to be signed by the assignee.

The following shall not be construed to mean beneficial use:

i)

ii)

iii)

Mere fencing of the land without actual use of the tract for pasture or for other

purposes specified above.

Mere cutting of wood from the land without further use of the tract for

purposes specified above.

Leasing, assigning or subletting of the land without prior permission of the

Tribal Council.

10.3.6 “TRIBAL COUNCIL” or “COUNCIL” shall mean the Hoopa Valley Tribal Council, as

established in Article V. of the Constitution of the Hoopa Valley Tribe.

10.3.7 “COMMERCIAL USE” shall mean any activity entered into or carried out for the

purpose of earning a monetary profit other than such activities incidental to the primary

residential or other similar personal use, such as, homecrafis or door-to-door type sales

such as Avon, Amway, etc., where said use does not involve regular on-site retail sales

and is incidental to the site’s use for residential purposes.

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10.3.8 “DEPENDENT” shall mean a person who received major support from and who has

resided with the applicant for a period of at least one year immediately preceding the

application for an assignment.

10.3.9 “IMPROVEMENT” shall mean a valuable improvement or addition made to an

assignment or an amelioration (to improve, to make better) in its condition, amounting to

more than mere repairs or replacement of waste and intended to enhance its beauty, value

or utility or to adapt it for new or further purposes. Notwithstanding any other provisions

of the Ordinance, it shall include any and all houses, garages, barns, sheds, interior

fences, crops, household items, and personal belongings.

10.3.10"TRIBAL MEMBER?” shall mean an individual member of the Hoopa Tribe. The term

shail not include the Hoopa Valley Tribal Council or any of its businesses.

10.3.11“LAND” as used in the Ordinance shall mean any real property that is owned, controlled,

or subject to the authority and for the benefit of the Hoopa Valley Tribe, including all real

property in trust and fee status.

10.3.12*RESERVATION” shall mean the Hoopa Valley Indian Reservation as established by

Executive Order of June 23, 1876, and such other lands as may hereafter be acquired by

the Hoopa Valley Tribe, whether within or outside such boundaries, under grant, transfer,

purchase, gift, adjudication, Executive Order, Act of Congress, or other acquisition.

10.3.13*SURVEY™ shall mean the use of the principles of land survey to locate, relocate,

establish, re-establish, or retrace any property line or boundary of any parcel of land to

determine the position of any monument or reference point which marks a property line,

boundary or corner, or sets, resets, or replaces any such monument or reference point

when conducted by a State certified surveyor.

10.3.14*DEPARTMENT” shall mean the Tribal Land Management Department as established

under this Ordinance.

10.4 TRIBAL LAND MANAGEMENT DEPARTMENT

10.4.0 ESTABLISHMENT OF LAND MANAGEMENT DEPARTMENT

There is hereby established a Tribal Land Management Department — Realty Division that will

be responsible for overseeing the application of this Ordinance.

10.4.1 Powers of the Land Management Department

10.4.1.1 Powers of the Land Management Department

The Land Management Department - Realty Division (hereinafter Department) shall have

primary enforcement powers for provisions of this Ordinance. The Department shall initiate all

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actions under this Ordinance including, but not limited to, the acceptance of applications for

assignments, corrective actions resulting from assignment deficiencies, issuing notices of

assignment violations and cancellations, hold hearings and removal of the assignment from the

assignee. The Department shall have such authority to represent the Tribe in actions before the

Tribal Court. The Department may consult with the Tribal Legal Department as needed.

10.4.1.2 Develop and Enforce Regulations

The Department shall develop and enforce regulations, subject to Tribal Council approval, as are

needed for the orderly operations of the Department.

10.4.1.3. Relations With Other Entities

The Department is authorized to work with other Tribal departments, agencies, utilities,

organizations, entities, institutions and individuals concerning right-of way, easements, permits

and other instruments as may be necessary, and shall recommend to the Tribal Council actions to

be taken on such matters.

10.4.1.4 Transferring Leases and Assignments

A. Any lease issued before the date of this amended Ordinance shall be designated as a Council

Assignment. All provisions of existing valid leases issued prior to the date of this amended

Ordinance shall continue to be in effect after the lease is converted to a Council Assignment.

Nothing in this Ordinance shall be construed as requiring the Bureau of Indian Affairs to approve

converting existing leases to Council Assignments.

B. For purposes of Section 10.7.18 of this Ordinance, the Chairman may execute a Residential

Lease of Tribal land in accordance with the provisions of that Section. [12-16-04]

10.4.1.5 Maintenance of Records

The Department shall maintain a permanent record of each land transaction of the Hoopa Tribe

and all trust transactions within the boundaries of the Reservation, including actions taken in

regard to any disposition of assignment applications.

10.5 LAND CONSOLIDATION PLAN, TRUST STATUS TRANSFERS

10.5.1 LAND CONSOLIDATION PLAN

Within one (1) year after enactment of this Ordinance the Department shall develop and

propose to the Tribal Council a Tribal Land Consolidation Plan.

10.5.2 TRANSFERS OF TRUST AND FEE STATUS

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Prior to converting trust lands within the Reservation to fee patent of from fee status into

land held in trust by the United States, the individual seeking to alter the land status and the

Bureau of Indian Affairs shall secure approval from the Hoopa Tribal Council.

10.6 RESERVED, IMPLIED RIGHTS OF THE HOOPA VALLEY TRIBE

10.6.1 RESERVED, IMPLIED RIGHTS

The Hoopa Valley Tribe, acting through the Hoopa Valley Tribal Council, maintains all reserved

and implied rights, including but not limited to those required for access across any fands within

the exterior boundaries of the Reservation, including that owned by individuals whether in fee or

in trust status, as may be necessary for tribal governmental activities. The individual owner of

the property may be paid reasonable damages resulting from such use if such damages are a

direct result of the actions of the Tribe.

10.6.2 OFF-SETS

The Tribal Council reserves the right to use off-sets for any damages, assessments, fees and other

costs which have resulted from actions brought against the Hoopa Valley Tribe for governmental

activities impacting individual property as may be reasonably estimated expenses based on

available industry costs for such services performed. The period of time that such off-sets will

apply will be that time within which the appropriate statute of limitations provides for such under

federal law

10.7 COUNCIL RESIDENTIAL ASSIGNMENTS — GENERAL PROVISIONS

10.7.0 PURPOSE

Section 10.7 shall govern all Council residential assignments within the Hoopa Valley

Reservation that have been approved by the Tribal Council regardless whether such assignment

was granted prior to the enactment of this Ordinance. The provisions of this Section supersede

any existing Tribal laws, rules, regulations that may exist that are in conflict with this Section.

10.7.1 TERMS AND CONDITIONS OF ASSIGNMENTS

10.7.1.1 Terms of Assignments

Council residential assignments shall be of a size to accommodate the objective of the

assignment, provided that the established policy for residential assignments shall be not more

than one (1) acre in size. Each residential assignment shall be granted for a period of fifty (S0)

years, with an option to renew. (amended 10-6-97)

Assignments issued pursuant to this Ordinance are granted for the specific purpose of the

assignment agreement and may contain conditions and other requirements to be maintained

during its term

10.7.1.2 Maintenance of Property

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The assignee shall comply with all terms of this Ordinance, the Assignment and any agreement

consistent with this Ordinance. The assigned property and improvement thereon shall be

maintained in a near manner and are subject to applicable sanitation regulations existing at the

time the assignment is made and those that may be enacted subsequently by the Council.

10.7.1.3. Numerous Assignments Null and Void

No person shall hold more that one residential assignment at one time and if such a

situation occurs, the latest assignment shall be null and void.

10.7.1.4 Council Residential Assignments Do Not Supercede Grazing Assignments

Any grazing assignment and any acreage, or portion thereof, controlled thereunder may

not be superceded by a duly approved residential assignment.

10.7.1.5 Tribal Credit and Other Delinquent Loans

A loan between an assignee and Tribal Credit Program or other program authorized by

the Tribal Council to conduct business on assignment lands which remains delinquent for more

than ninety (90) days and that was made for improvements on the assigned property, or one

which improvements on the assigned property has been pledged as collateral, shall be sufficient

cause for cancellation of the assignment.

10.7.1.6 Subject to Applicable Laws

An assignment and use thereof is subject to all applicable laws and Ordinances including,

but not limited to, tribal land use, health and safety ordinances. The assignee shall pay all

applicable assessments, including but not limited to monthly fees for water, sewer, garbage

disposal, and insurance.

10.7.1.7_ No Assignment of Unsurveyed Areas

No Council residential assignments shall be made in unsurveyed areas or in areas

considered to be more valuable to the Tribe as a tribal holdings for other purposes.

10.7.1.8 Conservation Practices

The assignee shall utilize the tribal land in a careful, economical, and conservation

minded manner in accordance with local and accepted soil conservation practices.

10.7.1.9 Riparian Set-Backs

There shall be a minimum riparian set-back for all assignment boundary lines of at least

one-hundred (100) feet from any intermittent stream.

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10.7.1.10 Minimum Boundary Set-Backs

There shall be a minimum set-back for constructing any fixed improvements of at least

twenty (20) feet from the closest assignment property boundary line.

10.7.2 RESERVATIONS FROM ASSIGNMENTS

10.7.2.1_ No Vested Rights or Title In Property

An assignment does not vest legal rights or title to the assigned land to the assignee, but is a use

right only as long as the assignment remains in effect, and such use right cannot be sold.

Entitlement to rights under an assignment shall terminate upon mutual cancellation, termination,

or relinquishment of the assignment. Residential assignments are granted for the specific purpose

of providing a homesite and for other similar personal use.

10.7.2.2 Mineral and Resources Reserved

All timber, water, and minerals including sand, gravel, oil, and gas are reserved to the Hoopa

Valley Tribe to be managed in accordance with Tribal and applicable laws. All ceremonial and

sacred grounds are reserved and excluded from assignment under this Ordinance.

10.7.2.3 Reserved Rights of Way, Easements

There is reserved to the Hoopa Tribe the right to grant easements and right-of-ways over

assigned property for purposes in accordance with the Tribal Constitution and Bylaws.

Reasonable damages to personal property may be paid for grants of rights-of-way and right to

ingress and egress over assigned property as determined by the Tribal Council or Tribal Court.

10.7.2.4 Use of Merchantable Timber

Green and merchantable timber on the land is reserved from assignments, remains the property

of the Tribe and is not conveyed to the assignee, and the assignee shall grant access fo or across

the land without interference to Tribal agent or contractor conducting activities for the Tribe

concerning such timber; provided the lessee shall be allowed reasonable compensation for any

damage to personal property. If agreement as to the amount of damages cannot be reached

between the assignee and the Tribal agent, such damages shall be determined by the Council or

Tribal Court. The assignee is not granted permission under any assignment to cut merchantable

green timber from the premises except under special permit issued by the Tribal Council.

10.7.2.5 Limitation of Acreage

The Tribal Council reserves the right to specify a limit on acreage under any assignment.

10.7.3 INHERITANCE

10.7.3.1. Designated Beneficiary

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An assignee may designate a beneficiary to receive his/her improvements in the event of his/her

death for the period remaining of the assignment. Subject to the approval of the Tribal Council,

the premises may be assigned to the named beneficiary. Notwithstanding any other provisions in

this Ordinance, a surviving spouse of the assignee shall be aliowed to remain on and use the

assigned property for the duration of the assignment, whether or not said spouse is eligible to

receive an initial assignment under this Ordinance. The surviving spouse shall eligible for

renewal of an expired assignment.

10.7.3.2 Designated Minor

n who is

ance, and

When the deceased holder of an assignment has willed

underage but otherwise eligible to receive an assignment

after consultation with the Land Department, the Tribal n to hold

the assignment until the beneficiary is eligible to hold th all utilize

the assignment in a manner which is in the best interest of the beneficiary. Any member of the

Hoopa Tribe shall have the right to petition the Tribal Council to have the guardian of the

beneficiary removed as guardian. The Tribal Council may remove the guardian of the beneficiary

and appoint a new guardian for the beneficiary if the Tribal Council after giving notice to the

guardian and after a hearing has determined that the guardian has not utilized the assignment to

the best interest of the beneficiary. The guardian appointed by the Council shall be responsible

for maintaining the assignment and otherwise complying with the provisions of this Ordinance.

10.7.3.3. No Designated Beneficiary

In the event of the death of a assignee who has not designated a beneficiary, preference for

reassigning the premises shall be given to the surviving spouse or eligible children of the

assignee. An ineligible surviving spouse shall be allowed to assume the assignment for the

remaining period of the assignment. A surviving spouse who is ineligible to receive an initial

assignment but who is responsible for the care of otherwise eligible minor children of the

deceased assignee, may be granted the assignment until a designated otherwise eligible minor

child becomes eligible for a assignment.

10.7.3.4 Designated Minor Reaching Eligible Age

Upon becoming eligible for a assignment pursuant to this Ordinance, the eligible beneficiary

shall within sixty (60) days of receipt from the Tribe of written notice of eligibility, or 180 days

from the date said beneficiary first becomes eligible, whichever is first, make application for said

assignment in accordance with the application procedures set forth herein.

10.7.4 EXCHANGE OF ASSIGNMENTS

For good cause shown, as assignment may be exchanged for another assignment with the

approval of the Tribal Council, however, if the original assignee has already received assistance,

such as utilities , water and sewage, such person will not be eligible for those services on the new

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property without specific approval by the Tribal Council. The Department shall promulgate

regulations more fully setting forth procedures and acceptable grounds for exchanges.

10.7.5 VOLUNTARY RELINQUISHMENT

Any assignee may relinquish an assignment at any time by giving written notice to the Tribal

Council or Land Department. Upon relinquishment, the original assignee officially terminates

any interest in the property and any improvement thereon, and the premises may be assigned to

any eligible member.

10.7.6 REMOVAL OF UNMERCHANTABLE TIMBER

A Council assignment shall constitute a permit for the purpose of removing unmerchantable

timber, as defined in the Tribe’s Forest Management Plan, from the assigned property. Upon

receipt of an assignment, the assignee may cut and remove dead, down and unmerchantable

timber as provided in the Land Approval Package under Section 10.7.15 herein, for his/her

personal domestic use only or for clearing of land. Cutting of timber not authorized in the

assignment or Land Approval Package shall constitute a violation of this Ordinance.

10.7.7 NO ASSIGNMENT OF INTEREST

10.7.7.1 Rent, Lease, Assign, Sublease, Transfer — Prohibited

An assignee may not rent, lease, assign, sublease, or transfer his/her assignment or any portion

thereof without the prior written consent of the Tribal Council, issued after approval of a written

plan submitted by the Land Department. Any violation of this section shall be sufficient cause

for cancellation of the assignment.

10.7.7.2 Collateral, Pledges, Etc., - Prohibited

Council assignment s may not be used as collateral, be pledged, or used as any other instrument

that implies a vest personal interest in the assigned property that is capable of being transferred

to another person or being foreclosed upon for delinquent debts of any kind without specific

authorization by the Tribal Council.

10.7.8 RESPONSIBILITY OF ASSIGNEE/FULFILLING TERMS OF ASSIGNMENT

The assignee agrees to satisfactorily fulfill the terms of the assignment agreement and the terms

of any occupancy agreement which may be required to be executed in the case of HUD housing

or other similar programs.

10.7.9 ELIGIBILITY FOR ASSIGNMENTS

Except in cases involving a surviving spouse, to be eligible for a assignment, an applicant must

meet all of the following requirements at the time application:

Approved 6/18/2009 14

A. Be an enrolled member of the Hoopa Valley Tribe.

B. Be at least eighteen (18) years of age as of the date of application for assignment, except

that an assignment may be issued to a guardian on behalf of a minor who would be

eligible to receive a lease upon reaching a specified age and whose otherwise eligible

parent is deceased or who has been designated as a beneficiary by a deceased assignee.

C. Be without a Council residential assignment or Tribal assignment of tribal land for Hoopa

or any Indian Tribe.

D. Be legally competent to manage the land and his/her personal business affairs.

E. Not have had a previous assignment canceled for cause within ten (10) years from the

date of application.

10.7.10 APPLICATION FOR ASSIGNMENT

10.7.10.1 Written Applications

All applicants must make a written and dated application to the Land Department setting forth

the name and address of the person applying for the land, sufficient information to show that the

applicant meets all of the requirements set forth herein, and as accurate a description of the land

as circumstances will permit.

10.7.10.2 Land Department Processing

The Land Department shall process all applications under the provisions of this Ordinance and

determine whether the desired land is available for assignment. The Land Department shall be

responsible for ensuring the timely completion of the Land Approval Package as provided herein

for consideration by the Tribal Council.

10.7.11 DOCUMENT PRIORITY, ASSIGNMENT PREFERENCE

10.7.11.1 Priority for Processing Applications

Unless as otherwise provided in this Ordinance, the priority for processing documents and taking

other action shall be on a first-in first-out basis.

10.7.11.2 Preference for Granting Assignments

When granting assignment, preference shall be given to otherwise eligible applicants as follows:

A. Elderly applicants, 55 years or older.

B. Handicapped applicants.

Approved 6/18/2009 15

C. Married applicants

D. Single applicants

10.7.11.3. Preference to Applicants Without Land

An applicant without land shall be given preference over applicants owning lands within the

exterior boundaries of the Reservation.

10.7.12 IMPROVEMENTS ON ASSIGNMENTS

10.7.12.1 Use of Property Within 12 Months

Absent prior written consent of the Tribal Council for non-use of the assignment for good cause

shown, failure of the assignee to use the assigned property in an meaningful manner for a period

of twelve (12) consecutive months shall be sufficient cause for cancellation. In the event that

unforeseen circumstances would justify additional time, a reasonable extension may be granted

by the Tribal Council.

10.7.12.2 Inheritance of Improvements

Improvement of the following character placed on the assigned land by the assignee shall be

considered personal property which may removed, sold, bequeathed or inherited, subject to prior

Council approval; houses, garages, barns, sheds, interior fences, crops, household items and

personal belongings. If the heir to, or owner of, said personal property is not eligible to receive

the said assignment, the foregoing listed improvements must be removed within 180 days,

provided that said heir has not obtained a valid assignment under Section 10.7.3, Inheritance,

above. Other improvements such as exterior fences, underground water and sewage systems,

trees, shrubs, and betterment of similar nature attached to the land, even though placed on the

property by the assignee, shall be considered part of the real property belonging with the land

and shall remain on the assignment unless their removal is authorized by the Tribal Council and

Land Department.

10.7.12.3. Improvement — Relinquishment, Cancellation, Etc.

If a assignment is relinquished, canceled, terminated or assignee is deceased and without eligible

heirs, and the improvements were not removed within 180 days, said improvements become part

of the real property, title in them vests with the land, and they become available for assignment

or other disposition along with the land.

10.7.12.4 Extension of Removal Time

The Tribal Council may upon showing a good cause for a reasonable period, extend the removal

time beyond 180 days in order to prevent undue hardship; and may at its option pay to the owner

the value of said improvements as determined by the Council.

Approved 6/18/2009 16

10.7.13. REMOVAL OF SLASH AND DEBRIS

When clearing land, the assignee shall properly dispose of slash and debris. Disposing of slash,

debris, and other materials on other lands, including that adjacent to the assigned property,

without the written approval of the land owner is prohibited and such action shail be subject to

payment of removal costs and damages as determined by the Tribal Council or Tribal Court.

10.7.14 PROPERTY SURVEY, FENCE CONSTRUCTION

10.7.14.1 Survey Requirements

All Council residential assignment s shall be legally surveyed at the expense of the assignee. A

legal survey may be described by metes and bounds or where applicable, by a licensed surveyor.

if for any reason a assignee is unable to survey the property by him/herself, he/she may request

assistance from the Tribe by submitting a request to the Land Department. The Department shall

establish regulations setting forth criteria for determining the conditions under which the Tribe

may provide assistance to a tribal member for the purpose of a survey of his/her assignment.

10.7.14.2 Fence Requirements

The assignee is obligated to build and maintain in good repair his/her half of line fences between

him/herself and his/her neighbor. His/her half of the fence shall be that portion to his/her right as

he stands facing the neighboring land, unless otherwise mutually agreed upon. If a assignee does

not construct his/her portion of a fence as provided herein, that assignee shall be responsible for

any damages to persons or property resulting therefrom, and upon thirty (30) days notice from

the Land Department shall be responsible for reasonable expenses for said fence being

constructed by another party on his/her behalf.

10.7.15 LAND APPROVAL PACKAGE

Prior to presenting an assignment to the Tribal Council for final consideration, the Land

Department shall complete a Land Approval Package which shall be maintained with the

assignment application throughout the approval process. The Land Approval Package shall

consist of the legal description of the land, specifications pertaining to road placements, fencing

requirements, rights-of-way designations, environmental and archeological considerations, a

description of authorized clearing and limber removal, and other information necessary and

important to the assignment. A brief statement which contains general information about the

proposed assignment and Land Approval Package shall be noticed in a public place on the

Reservation and at the Land Department for 30 days prior to presentation to the Tribal Council

for final approval.

10.7.16 DEPOSIT OF REVENUES

Revenues generated from assignment s under this Ordinance shall be placed into the Land

Acquisition Fund, as established by this Ordinance.

Approved 6/18/2009 17

10.7.17 PROCEDURES — USE OF IMPROVEMENTS AS SECURITY

All uses of improvements for security purposes must be reviewed and approved in advance by

the Land Department. Any uses of improvements for security purposes that are not in

conformance with this Ordinance shall be nufl and void; any attempt to use assigned property in

a way not in compliance with this section shall be cause for cancellation of the assignment as

provided under this Ordinance.

10.7.18 HUD, VETERAN’S ADMINISTRATION, U.S.D.A, HOOPA DEVELOPMENT

FUND AND OTHER PROGRAMS

10.7.18.1 Assignment Administration ~- Credit Program, Housing Authority

Land assignments used for Housing and Urban Development (HUD) homes by the Hoopa Indian

Housing Authority, property used for credit purposes by the Tribal Credit Program, or other

programs authorized by the Tribal Council for purposes of improving the lifestyle of the

assignee, shall be jointly administered by that program and the Land Department, in accordance

with the terms of a written agreement between the assignee and program. In the event of default

of the assignee’s responsibilities, the program shall have such authority to assign, subassign or

otherwise use such lands as provided in this Ordinance. Loans with the Tribal Credit Program

that were made for the purposes of improvement on the assigned property, or if improvements on

the assigned property have been pledged as collateral, which remain delinquent for longer than

90 days without making an agreement otherwise, shall be sufficient cause for cancellation of the

assignment.

10.7.18.2 Mortgage Lending Provisions

This Section sets forth general procedures for mortgages and foreclosures to meet the needs of

mortgage loan guarantee, insurance and direct loan programs sponsored by the U. S.

Departments of Housing and Urban Development, Agriculture (Rural Housing) and Veterans

Affairs. These Federal Agencies offer various mortgage loan programs which are designed to

provide homeownership opportunities to Native Americans wishing to live on an Indian

reservation or within an Indian area (as defined within each Agency’s program requirements).

A. Lien Priority

All mortgage loans recorded in accordance with the recording procedures set forth these

Provisions, including Leasehold Mortgages, and including loans made, guaranteed,

insured or held by a governmental agency, shall have priority over any lien not perfected

at the time of such recording. In those cases where the government direct, guaranteed or

insured mortgage is created as a second mortgage, the loan shall assume that position.

B. Recording of Mortgage Loan Documents

1. The Realty program or other Tribal entity designated by the Tribe for the official local

recording of Tribal documents, acts as the Tribal Recording Clerk, as named in these

Approved 6/18/2009 18

Provisions. The Tribal Recording Clerk shall maintain a system for the recording of

mortgage loans and such other documents as the Tribe may designate by laws or

resolution.

2, The Tribal Recording Clerk shall endorse upon any mortgage loan or other document

received for recording:

a. The date and time of receipt of the mortgage or other document;

b. The filing number, to be assigned by the Tribal Recording Clerk, which shall be a

unique number for each mortgage or other document received and;

c. The name of the Tribal Recording Clerk or designee receiving the mortgage or

document.

Upon completion of the above-cited endorsements, the Tribal Recording Clerk shall

make a true and correct copy of the mortgage or other document and shall certify the

copy.

The Tribal Recording clerk shall maintain the copy in the records of the recording system

and shall return the original of the mortgage loan or other document to the person or

entity that presented the same for recording.

3. The Tribal Recording Clerk shall also maintain a log of each mortgage loan or other

document recorded in which there shall be entered:

a. The name(s) of the Borrower of each mortgage loan, identified as such;

b. The name(s) of the Lender of each mortgage loan, identified as such;

c. The name(s) of the grantor(s), grantee(s) or other designation of each party

named in any other documents filed or recorded;

d. The date and time of the receipt;

e. The filing number assigned by the Tribal Recording Clerk; and

f. The name of the Tribal Recording Clerk or designee receiving the mortgage or

document.

4. The certified copies of the mortgage loan and other documents and the log maintained

by the Tribal Recording Clerk shall be made available for inspection and copying, in

accordance with the Tribal Information Disclosure Act.

5. All mortgages will be recorded with the BIA in addition to any Tribal recording

provisions:

C. Foreclosure Procedures

Under HUD’s Section 248 mortgage insurance program, lenders have the option of assigning the

mortgage to HUD rather than initiating foreclosure. If the lender exercises its option to assign

the mortgage to HUD, it must comply with the requirements of the regulations at 24 CFR part

1. A Borrower shall be considered to be in default when he or she is thirty (30) days past

due on his or her mortgage payment(s) or is in violation of any covenant under the

Approved 6/18/2009 19

mortgage for more than 30 days to the Lender (i.e. the 31st day from the payment due

date).

When a Borrower is thirty days past due on his or her mortgage and before any

foreclosure action or activity is initiated, the-Lender shall complete the following:

a. Make a reasonable effort to arrange a face-to-face interview with the

Borrower. This shall include at least one trip to meet with the Borrower at the

mortgaged property.

b. Lender shall document that it has made at least one phone call to the Borrower

(or the nearest phone as designed by the Borrower, able to receive and relay

messages to the Borrower) for the purpose of trying to arrange a face-to-face

interview.

2. Lender may appoint an agent to perform the services of arranging and conducting the

face-to-face interview specified in this action.

3. When the Borrower is past due on three instaliment payments and at least ten (10)

days before initiating a foreclosure action in Tribal Court, the Lender shall advise the

Borrower in writing by mail or by posting prominently on the unit, with a copy provided

to the Tribe, as follows:

a. Advise the Borrower that information regarding the loan and

default/delinquency will be given to credit bureaus.

b. Advise the Borrower of homeownership counseling opportunities/programs

available through the Lender or otherwise.

c. Advise the Borrower of other available assistance regarding the

mortgage/default.

d. In addition to the preceding notification requirements, the Lender shall

complete the following additional notice requirements (1) notify the Borrower

that if the Leasehold Mortgage remains past due on three installment payments,

the Lender may ask the applicable governmental agency to accept assignment of

the Leasehold Mortgage if this is an option of the governmental program; (2)

notify the Borrower of the qualifications for forbearance relief from the Lender, if

any, and that forbearance relief may be available from the government; and (3)

provide the Borrower with names and addresses of government officials to whom

further communications may be addressed, if any.

4. If a Borrower is past due on three or more installment payments and the Lender has

complied with the procedures set forth in the first part of this Section, the Lender may

commence a foreclosure proceeding in the Tribal Court by filing a verified complaint as

set forth in Section D. of this Code.

D. Foreclosure Complaint and Summons

1. The verified complaint in a mortgage foreclosure proceeding shall contain the

following:

Approved 6/18/2009 20

a. The name of the Borrower and each person or entity claiming through the

Borrower subsequent to the recording of the mortgage loan, including each

Subordinate Lienholder (except the Tribe with respect to a claim for a tribal

leasehold), as a defendant;

b. A description of the property subject to the mortgage loan;

c. A concise statement of the facts concerning the execution of the mortgage loan

and in the case of a Leasehold Mortgage the lease; the facts concerning the

recording of the mortgage loan or the Leasehold Mortgage; the facts concerning

the alleged default(s) of the Borrower; and such other facts as may be necessary to

constitute a cause of action;

d. True and correct copies of each promissory note, mortgage, deed of trust or

other recorded real property security instrument (each a “security instrument”)

and any other documents relating to the property and if a Leasehold Mortgage, a

copy of the lease and any assignment of any of these documents; and

e. Any applicable allegations concerning relevant requirements and conditions

prescribed in (1) federal statutes and regulations; (2) tribal codes, ordinances and

regulations; and/or (3) provisions of the promissory note, security instrument and

if a Leasehold Mortgage, the lease.

2. The complaint shall be verified by the Tribal Court Clerk along with a summons

specifying a date and time of appearance for the Defendant(s).

E. Service of Process and Procedures

Any foreclosure complaint must be in writing, and must be delivered to the Borrower in the

following manner:

1. Delivery must be made by an adult person and is effective when it is:

a. Personally delivered to a Borrower with a copy sent by mail, or

b. Personally delivered to an adult agent or employee of the Borrower with a

copy sent by mail.

2. If the notice cannot be given by means of personal delivery, or the Borrower cannot be

found, the notice may be delivered by means of Certified mail, return receipt requested,

at the address of the Borrower designated on the Mortgage agreement.

3. The person giving notice must keep a copy of the notice and proof of service in

accordance with this section, by affidavit or other manner recognized by law.

F. Cure of Default

Prior to the entry of a judgment of foreclosure, any Borrower or a Subordinate Lienholder

may cure the default(s) under the Mortgage by making a full payment of the delinquency

to the Lender and all reasonable legal and Court costs incurred in foreclosing on the

property. Any subordinate Lienholder who has cured a default shall thereafter have

included in its lien the amount of all payments made by such Subordinate Lienholder to

cure the default(s), plus interest on such amounts at the rate stated in the note for the

mortgage. There shall be no right of redemption in any Leasehold Mortgage Foreclosure

proceeding.

Approved 6/18/2009 21

G. Judgment and Remedy

This matter shall be heard and decided by the Tribal Court in a prompt and reasonable

time period not to exceed sixty (60) days from the date of service of the Complaint on the

Borrower. If the alleged default has not been cured at the time of trial and the Tribal

Court finds for the Lender, the Tribal Court shall enter judgment:

1. Foreciosing the interest of the Borrower and each other defendant, including

Subordinate Lienholder, in the mortgaged property and

2. Granting title to the property to the Lender or the Lender’s Designated Assignee:

in the case of a Leasehold Mortgage, the Lease and the Leasehold Estate will be

assigned to the Lender or the Lender’s Designated Assignee, subject to the following

provisions

a. The lender shall give the Tribe the right of first refusal on any acceptable offer

to purchase the Lease and the Lessee’s leasehold interest in the property described

in the lease which is subsequently obtained by the Lender or Lender’s Designated

Assignee.

b. The Lender or Lender’s Designated Assignee may only transfer, sell or assign

the Lease and Lessee’s leasehold interest in the property described in the Lease to

a Tribal member, the Tribe, or the Tribal Housing Authority;

c. The mortgagee has the right to convey the leasehold interest to

(1) the Secretary of HUD without providing the right of first

(2) refusal to the Tribe for Section 248

H. Foreclosure Evictions

Foreclosure evictions shall be handled according to the general eviction process set forth

below.

1. Jurisdiction — Notwithstanding any provision of the Tribal Code to the contrary, the

provisions of this section H. shall apply to all persons and property subject to the

governing authority of the Tribe as established by the Tribal Constitution, Tribal Code, or

applicable federal law.

2. Unlawful Detainer - A Lessee, Sublessee, or other occupant of a Leasehold Estate

subject to a Leasehold Mortgage shall be guilty of unlawful detainer if such person

shall continue in occupancy of such Leasehold Estate without the requirement of any

notice by the Lessor, after such person’s Leasehold Estate has been foreclosed in a

Leasehold Mortgage foreclosure proceeding in the Tribal Court;

3. Complaint and Summons - The lender or Federal Agency (which made, guaranteed or

insured the mortgage loan) as appropriate, shall commence an action for unlawful

detainer by filing with the Tribal Court, in writing, the following documents:

a. A complaint, signed by the lender or Federal Agency, or an agent or attorney

on their behalf:

(1). Citing facts alleging jurisdiction of the Tribal Court;

(2). Naming as defendants the mortgagors and any other record owner

(including Sublessees and subordinate lienholders), of which the

complainant has record notice (except the Tribe with respect to a claim for

a Tribal tax on the Leasehold Estate subject to the Leasehold Mortgage);

Approved 6/18/2009 22

(3). Describing the Leasehold Estate subject to the Leasehold Mortgage;

(4). Stating the facts concerning (a) the execution of the lease and the

Leasehold Mortgage; (b) the recording of the Leasehold Mortgage; and (c)

the facts upon which he or she seeks to recover;

(5). Stating any claim for damages or compensation due from the persons

to be evicted; and

(6). Otherwise satisfying the requirements of the Tribal Court

b. A copy of the summons, issued in accordance with established Tribal Court

rules and procedures, requiring the defendants to file a response to the

complaint by the date specified in the summons. The deadline specified in the

summons for filing a response shall be no less than 6 nor more than 30 days

from the date of service of the summons and complaint. The summons shall

notify the defendants that judgment will be taken against them in accordance

with the terms of the complaint unless they file a response with the court by

the date specified in the summons.

4. Service of Summons and Complaint - A copy of the summons and complaint shall be

served upon the defendants in the manner provided by the Tribal Court rules for service

of process in civil matters.

5. Power of the Tribal Court - The Tribal Court shall enter an Order of Repossession if:

a. Notice of suit is given by service of summons and complaint in accordance

with the procedures provided herein; and

b. The Tribal Court shall find during pre-trial proceedings or at trial that the

Lessee, Sublessee, or other occupant under color of law of the Leasehold Estate

subject to the Leasehold Mortgage is guilty of an act of unlawful detainer.

Upon issuance of an Order of Repossession, the Tribal Court shall have the authority to

enter a judgment against the defendants for the following, as appropriate: (1) back rent,

unpaid utilities, and any charges due the Tribe, Tribal Housing Authority, other public

Housing Authority, or Sublessor under any sublease or other written agreement (except

for a Leasehold Mortgage); (2) any and all amounts secured by the Leasehold Mortgage

that are due the lender (or Federal Agency); and (3) damages to the property caused by

the defendants, other than ordinary wear and tear. The Tribal Court shall have the

authority to award to the prevailing party its costs and reasonable attorney’s fees in

bringing suit.

6, Enforcement - Upon issuance of an Order of Repossession by the Tribal Court, Tribal

law enforcement officers shall help plaintiffs enforce same by evicting the defendants

and their property from the unlawfully occupied Leasehold Estate. In all cases

involving the lender or Federal Agency, the Order of Repossession shall be enforced

no later than 45 days after a pre-trial proceeding or trial in which the Tribal Court

finds against defendants, subject to Paragraph H7 below, and provided, that no party

exercised the right to cure a default or right of first refusal as described in Paragraphs

F and G above.

7. Continuances in Cases Involving the Lender or Federal Agency (which originally

made, insured or guaranteed the mortgage loan) - Except by agreement of all parties,

there shal! be no continuances in cases involving the lender or Federal Agency that

will interfere with the requirement that the Order of Repossession be enforced not

Approved 6/18/2009 23

later than 45 days after a pre-trial proceeding or trial in which the Tribal Court finds

against defendants, subject to the sound discretion of the Court.

1. No Merger of Estates

There shall be no merger of estates by reason of the execution of a Lease or a Leasehold

Mortgage or the assignment or assumption of the same, including an assignment

adjudged by the Tribal Court, or by operation of law, except as such merger may arise

upon satisfaction of the Leasehold Mortgage.

J. Certified Mailing to Tribe

In any foreclosure proceedings on a Leasehold Mortgage where the Tribe is not named as

a defendant, a copy of the summons and complaint shall be mailed to the Tribe by

certified mail, return receipt requested, within five (5) days after the issuance of the

summons. If the lessor is not the tribe, this notice will also be mailed to the lessor at the

same time the notice is mailed to the tribe. If the location of the lessor cannot be

ascertained after reasonable inquiry, a copy of the summons and complaint shall be

mailed to the lessor in care of the Superintendent of the applicable agency of the Bureau

of Indian Affairs.

K. Intervention

The Tribe or any Lessor may petition the Tribal Court to intervene in any Lease or

Leasehold Mortgage foreclosure proceeding under this these Provisions. Neither the

filing of a petition for intervention by the Tribe, nor the granting of such petition by the

Tribal Court shall operate as a waiver of the sovereign immunity of the Tribe, except as

may be expressly authorized by the Tribe.

L. Appeals

Appeals under these Provisions shall be handled in accordance with the general Tribal

Code provisions.

10.7.19 TRIBAL AND PERSONAL RESERVES

10.7.19.1 Reserves, Restrictions, Limited Areas and Access

The Tribal Council retains authority to reserve, restrict or otherwise limit areas from being

assigned and/or designated in assignment s for access routes for Tribal or personal purposes.

Violations of the provisions of this section shall be subject to penalties prescribed under this

Ordinance and other laws and penalties prescribed under Tribal, Federal and State law.

10.7.19.2 Reserves and Restricted Areas

The following areas are reserved and/or restricted as described:

Approved 6/18/2009 24

10.7.20 ARCHAEOLOGICAL, CULTURAL AND HISTORIC RESOURCES

PROTECTION

In the course of construction on the assigned premises involving ground disturbing activities,

Assignee agrees that if archaeological or historical resources are uncovered, the construction

activity shall immediately be halted and a report of such finding(s) shall be reported to the Land

Management Department. All findings of archaeological or historical resources must be

evaluated by a qualified archaeologist (specified in 43 CFR, Subpart 7.8) in order to assess

damage and recommend mitigative strategy. Upon receiving a report of a discovery, a

representative of the Land Management Department will initiate a preliminary site assessment.

At the completion of the assessment, the Land Management Department will develop

recommendations for consideration by the Tribal Council and other concerned parties as to the

disposition of the site. The Assignee is required to comply with the recommendations for

mitigation made by the Land Management Department pursuant to the requirements set forth in

36 CFR 800 and 43 CFR 7.

10.7.21 | ERRORS, MISTAKES OR OMISSIONS

It is understood that from time to time errors, mistakes or omissions may occur in the drafting of

assignment agreements, developing land approval packages, or in other aspects of approving

Council assignments. The Tribe and assignee agree that minor corrections may be made to the

assignment agreement in order to accomplish the intent of the assignment, provided that such

corrections do not significantly change the intended benefits of the assignment and that such

changes are consistent with the Tribal Land Assignment Ordinance.

10.8 TRIBAL LAND ASSIGNMENTS

10.8.0 PURPOSE

This Section shall exclusively apply to all lands remaining from that originally assigned under

the Land Assignment Ordinance, except for those assignments or portions thereof that have been

leased by the Tribal Council and that the lessee chooses not to convert such leased property to

assignment status, and those lands that have already been removed from assignment status. This

Section is intended to, to the greatest extent possible, preserve the integrity of those property’s

that were assigned under the original Land Assignment Ordinance which still remain intact on

the date of enactment of this Ordinance. This Section is enacted under the authority of and

consistent with the discretion of the Tribal Council under the Land Assignment Ordinance.

10.8.1 NOT REINSTATEMENT OR ISSUANCE OF ASSIGNMENTS

Nothing in this Ordinance shall be construed as establishing a requirement of reinstating any

assignment, or part thereof, or for any damages, to any individual previously assigned and said

land has been removed from assignment status for any reason, including but not limited to, by

Tribal and Federal actions, leases, or any other types of removal. This Section is not intended to

be an obligation by the Tribe to convert any lease, whether or not such leased property is within

Approved 6/18/2009 25

the boundaries of previously assigned property, to any individual who has not been assigned that

property under the Land Assignment Ordinance.

10.8.2 NO AUTHORIZATION FOR CLAIMS

Nothing in this Section shall be construed as authorizing any action to be brought against the

Tribe which may arise from the use, disposition, or otherwise of present and previous

assignments, or any portions thereof.

10.8.3 LIMITED APPLICATION

This Section shall only apply to those lands that were previously assigned under the Land

Assignment Ordinance and shall not apply to any other property not assigned thereunder.

Nothing in this Ordinance shall be construed as authorizing the expansion of or addition to lands

governed under the Land Assignment Ordinance beyond the acreage that was formally assigned

under that Ordinance.

10.8.4 USE OF TRIBAL ASSIGNMENT FOR HUD, TRIBAL CREDIT AND OTHER

SECURITY PURPOSES

Unless otherwise prohibited in the Tribal Land Assignment Ordinance, the Tribal Council

authorizes use of Tribal Assignments for purposes of securing services of HUD, Tribal Credit

and other programs authorized by the Tribal Council, in a manner as similarly authorized for

Council Assignments. The terms of the agreement shall govern the application of default

procedures, consistent with the provisions of the Tribal Land Assignment Ordinance.

10.8.5 TRIBAL COURT DELEGATION

The authority of the Tribal Council to enforce provisions of the Land Assignment

Ordinance is hereby delegated to the Tribal Court, provided however, that the administrative

appeal remedies of the Land Department shall first have been exhausted.

10.8.6 TRIBAL LAND ASSIGNMENTS

The following provisions are the exact text of the 1955 Tribal Land Assignment

Ordinance and any amendments thereto require a referendum election of the Hoopa Membership.

TRIBAL LAND ASSIGNMENT ORDINANCE

BE IT HEREBY RESOLVED, That tribal lands of the Hoopa Valley Indian Reservation

may be assigned by the Hoopa Tribal Council, hereinafter called the Council, subject to the

following prescribed conditions and stipulations:

1. For the purpose of this ordinance, the words “assignment”, “house lot”, and “selection”

are synonymous. The words “he” and “his” also include “she” and “her” in the case of

female applicants.

Approved 6/18/2009 26

2. Granting of an assignment does not convey to the assignee any vested right to the land

but merely grants to the assignee the right of occupancy and beneficial use only for

himself and his family during his lifetime, unless, however, the assignee is qualified for

an allotment and receives a trust patent for the assigned tract as provided for in Section

19 hereof; and Provided, further the assignee may will his assignment to some person

designated by him as permitted under Section 16 hereof.

3. ASSIGNMENTS SHALL BE GIVEN TO THE FOLLOWING ONLY:

A. Persons of at least one-quarter Hoopa Indian blood enrolled as a member of the

Hoopa Tribe; except that this restriction shall not apply to land assigned prior to the

effective date of this ordinance.

B, Unmarried persons, male and female, not less than eighteen (18) years of age except

as hereinafter provided in Section 3 (1).

C. Persons who are physically and mentally competent to manage the land and their

personal and business affairs in a successful manner.

D. (omitted in original Ordinance)

E. Persons who have not already been assigned a tract of tribal land.

F. A minor child who would be eligible to receive an assignment upon reaching a

specified age but whose parents may have been separated by death or legal divorce

with the result that said minor child is in custody of a non-Hoopa Indian having no

home of his/her own, said assignment to be issued for the benefit of the child.

4. PREFERENCE shall be given to heads of families with dependents over single persons

and married persons without children; married persons over single persons; persons

without land over persons owning lands.

5. APPLICATIONS for assignment shall be submitted in writing to the Chairman of the

Council at least three days prior to any regular Council meeting. If the Council, in its

discretion, agrees to consider the application and the applicant meets the requirements of

Section 3 hereof, notice shall be given the public that an application for the assignment is

being considered. Notice shall be by means of posters placed in the Hoopa Valley. Said

notice must be posted for a period of not less than thirty days. After the necessary thirtyday notice period has elapsed, the Council at its next regular meeting may approve or

reject the application, giving due consideration to the qualifications of the applicant and

to any written protests, objections, or conflicting or prior claims.

6. OCCUPANCY AND BENEFICIAL USE shall be construed to mean:

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10.

ii.

A. Residence on the premises by the assignee for at least six months of each calendar

year, or

B. Performing of at least $100 worth of improvements on the lands each calendar year,

or

C. Actual use of the land for pasturing of livestock if fenced; for farming, gardening, or

other agricultural use; for business purposes; or for such other use as may be

stipulated in the assignment papers to be signed by the assignee.

The following practices shall NOT be construed to mean BENEFICIAL USE:

A. Mere fencing of the land without actual use of the tract for pasture or for other

purposes specified in Section 6 hereof.

B. Mere cutting of wood from the land without further use of the tract for purposes

specified in Section 6 hereof.

C. Leasing or subletting of the land without prior permission from the Council.

The Council reserves the right to specify and limit extent and acreage of areas to be

assigned.

Title to buildings and improvernents placed upon the land by the assignee shall rest with

him and may be removed or sold by him at any time while the assignment is in effect. If

the land shall be relinquished by the assignee or if the assignment is canceled by the

Council, the time limit for the removal of the improvements and other property of the

assignee is sixty days. After that time the title to improvements and other property will

attach to the land and may not thereafter be removed except with the written consent of

the Council.

All buildings and improvements shall be construed of durable material in a substantial,

workmanlike, and presentable manner. Fences built must be hog-tight and must comply

with the requirements of the California State Law. The assignee is obligated to build and

maintain in good repair his half of line fences between himself and his neighbor. His half

of the fence shall be that portion to his right as he stands facing his neighbor’s land unless

otherwise mutually agreed upon.

All buildings and improvements and the premises shall be kept in good repair by the

assignee; he shall keep said lands and premises in an orderly, clean, and healthful

condition; he shall use said lands and premises in a husbandlike manner to the best

advantage; he shall commit no waste thereon; he shall maintain and preserve the fertility

of the soil and permit no over-grazing or deterioration of the land in value or usefulness;

he shall keep said land free from noxious weeds and pests; he shal} not use or permit to

be used any part of the premises for any unlawful purposes; and shall observe all

Approved 6/18/2009 28

applicable law and order, health, sanitation, conservation, and other requirements

imposed by the Federal of State Governments or by the Council.

12. The assignee may cut and remove dead, down, and unmerchantable green timber.

13. Green and merchantable timber on the land assigned is reserved from assignment,

remains property of the Hoopa Valley Tribe and is not conveyed to the assignee; and the

assignee shall grant access to or across the land without interference to any contractor

who may hereafter purchase green and merchantable timber from the Tribe; provided the

assignee shall be allowed reasonable compensation for any damage by his land. If

agreement as to the amount of damages cannot be reached between the assignee and the

contractor, they shall be determined by the Council. The assignee is not granted

permission under his assignment to cut merchantable green timber from the premises

except under special permit.

14. The Tribe reserves to itself and there are reserved from assignment minerals rights,

ceremonial and sacred grounds, and rights of way for irrigation ditches and canals, power

and telephone lines, and roads which may not exist or which may hereafter be

constructed or maintained for public purposes.

15. Water on the Jand, such as springs, do not become exclusive property of the assignee. The

Council reserves the right to adjudicate use of the water to permit its use by the neighbors

if sufficient water is available. Water so adjudicated shall be transported through a pipe

line buried at least two feet in the ground.

16. The assignee may designate in writing one person whom he wishes to receive his

assignment upon his death and the reassignment of said land shall be made to such

designated person, provided that the person designated is eligible, as provided in Section

3 of this Ordinance, to receive a standard assignment. If an assignee married to a white

spouse or to an Indian spouse not a member of the Hoopa Tribe, dies without issue, the

surviving white or Indian spouse shall not be eligible for reassignment of the land, but

shall be entitle to compensation from the new assignee for the value of the improvements

placed thereon by the assignee and shall be allowed a reasonable time not to exceed six

months to vacate the assigned land. If the deceased assignee leaves a minor child as a

result of such marriage who is designated as the devisee who will be eligible to receive an

assignment upon reaching a specified age, the surviving spouse shall, with the sanction of

the Council, have the right to continue to use and occupy the assignment during the

minority of the child, under a land use permit to be issued by the Council for the benefit

of the child. Upon death of the assignee and in event none of his heirs or other person

designated by him wish to receive a reassignment covering this land, the permanent

improvements placed on the lands by the original assignee may be sold by his heirs

within sixty days after date of dearth and the land may then be reassigned by the Council.

The conditions of any such sale must be approved in advance by the Council.

17. Non-use of the premises for a period of one year shall render the assignment subject to

cancellation by the Council in its discretion.

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18. Any lease, sublease, further assignment, or transfer of assignment or any interest therein

must be approved in advance by the Council. Failure to secure such advance approval

shall be sufficient cause for cancellation of the assignment.

19. The assignee shall be eligible for allotment of the tract assigned and issuance to him of a

trust patent therefore covering the tract assigned at such time in the future as a trust patent

therefore may be deemed advisable, provided said assignee can qualify for an allotment

and has not already been allotted. Such issuance of a trust patent cannot be made without

the consent of the Council, after 30 days public notice.

20. Failure on the part of the assignee to comply with all the conditions and provisions

contained herein or which may hereafter be enacted shall render the assignment subject to

cancellation by the Council, it its discretion. In the event the assignment is canceled, the

Council shall so notify the assignee sixty days prior to the effective date, and the assignee

agrees to deliver up the possession of the premises assigned peaceably and without legal

process in as good condition as when assigned, normal wear and tear excepted. If the said

assignee objects to said cancellation he shall make such protest in writing within thirty

days after receipt of notice. Upon receiving this protest, the Council shall reconsider its

action within thirty days and take such action as it may deem appropriate, which decision

shall be final.

21. The final interpretation and application of this Ordinance shall rest with the Council and

any decision shall be final.

22. This Ordinance becomes effective as of the date of its adoption by the Hoopa Tribe.

10.9 GRAZING AND AGRICULTURAL ASSIGNMENTS

10.9.0 PURPOSE

The purpose of grazing and agricultural assignments are to provide members of the

Hoopa Tribe an opportunity to utilize tribal lands for grazing and agricultural purposes. The

assignee shall be required to maintain all property under a grazing and agricultural assignment in

as good or better quality as before the assignment was issued and all fixed improvements to the

property shall become the property of the Tribe.

10.9.1 GRAZING ASSIGNMENTS

10.9.1.1 Grazing Assignment Definition

A grazing assignment means a permit issued by the Tribal Council for the purpose of

allowing tribal members to use tribal land for grazing livestock that will enhance the livelihood

of tribal members and provide benefits for the Tribe.

10.9.1.2 Eligibility

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