# Lac Courte Oreilles Tribal (2025) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Alac_courte_oreilles_chippewa%3A8400cf75e5829055 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Lac Courte Oreilles Tribal Code of Law Volume 3 Title PRP Through Chapter PAP.4 2025 Edition Current through: March 24, 2025 Last Codified: Res. No. 2025-57 The codes and laws in this document are in the public domain. Published by the Open Law Library. OLL, OPEN LAW LIBRARY, and the Open Law Library LOGO are trademarks used herein under license. How to Use This Code This is the official version of the Lac Courte Oreilles Tribal Code of Law. It is current through the date provided on the cover. Features This document contains two key features designed to make the code more accessible and easier to use. First, when viewing this document on a computer, the entries in the table of contents for Titles and Chapters are hyperlinks that will take you directly to their location in the document. Second, QR codes are provided to allow you to easily check which Titles and Chapters are still up to date. These QR codes contain hyperlinks to the more frequently updated online version of the code where you can see exactly what has been added or removed from the code since this document's creation. Now, when updating to a newer printed version, only the Titles or Chapters that have been updated need to be reprinted. Using the QR codes In this document, a QR code immediately follows each Title and Chapter heading. This QR code contains a hyperlink to a webpage comparing the Title or Chapter as contained in this document with the most recent version of that Title or Chapter available online. When viewing this document on a computer, the QR codes can be simply clicked to follow the hyperlink. Otherwise, you can use a QR code reader to read the code and access the hyperlink on a device such as a phone or tablet. QR code readers can be downloaded for free, if one is not already preinstalled on your device. Lac Courte Oreilles Tribal Code of Law Volume 3 Title PRP Property PAP.1 Governmental Personnel Policies and Procedures of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians .................................... PAP.1-Error! Bookmark not defined. PAP.2 Property and Procurement Policies and Procedures of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians .................................... PAP.2-Error! Bookmark not defined. PAP.3 Travel Policies and Procedures of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians .......................................................... PAP.3-Error! Bookmark not defined. PAP.4 Housing Authority Personnel Policies and Procedures of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians ................................ PAP.4-Error! Bookmark not defined. Chapter PRP.5 Eminent Domain Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Chapter PRP.5 Eminent Domain Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians PRP.5.1 General Provisions ......................................... PRP.5.1-Error! Bookmark not defined. PRP.5.2 Tribal Condemnation Committee Responsibilities ........ PRP.5.2-Error! Bookmark not defined. PRP.5.3 General Provisions and Procedures in Exercising Tribal Condemnation Authority ................................................................................... PRP.5.3-Error! Bookmark not defined. Preamble This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians to reduce the fractionation of Tribal lands and to resolve longstanding issues of trespass. In the implementation of this inherent sovereign authority, Article V, (1)(l) and (1)(m) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "organize, charter and regulate any association or group for the purpose of providing social or economic benefits to the members of the Band or the residents of the reservation" Article V 1(l); and "delegate to subordinate boards, officers, committees or cooperative associations which are open to all members of the Band any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated powers". Pursuant to this inherent sovereign authority, the Tribal Governing Board hereby establishes a public body known as the Lac Courte Oreilles Tribal Condemnation Commission and enacts this ordinance which shall establish the purposes, powers, and duties of the Tribal Condemnation Commission. In any suit, action, or proceeding involving the validity or enforcement relating to any of its actions, the Tribal Condemnation Commission shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of this ordinance. A copy of this ordinance duly certified by the Secretary/Treasurer of the Tribal Governing Board shall be admissible in evidence in any suit, action, or proceedings. PRP.5- Subchapter PRP.5.1 General Provisions Subchapter PRP.5.1 General Provisions PRP.5.1.010 Title......................................................... PRP.5.1-Error! Bookmark not defined. PRP.5.1.020 Authority................................................. PRP.5.1-Error! Bookmark not defined. PRP.5.1.030 Territorial Applicability ............................ PRP.5.1-Error! Bookmark not defined. PRP.5.1.040 Effective Date.......................................... PRP.5.1-Error! Bookmark not defined. PRP.5.1.050 General Definitions ................................. PRP.5.1-Error! Bookmark not defined. PRP.5.1.060 Severability ............................................. PRP.5.1-Error! Bookmark not defined. PRP.5.1.010 Title This ordinance shall be known as the Eminent Domain Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. (Res. No. 2024-37) PRP.5.1.020 Authority This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. In the implementation of this sovereign authority, Article V (1)(f) and (1)(g) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "manage, lease, permit or otherwise deal with tribal lands, interests in lands or assets, or to purchase lands or to otherwise acquire lands, or interests in lands within or without the reservation.. Article V 1(f); and "[t]o adopt ordinances by which tribal lands may be assigned or leased for beneficial use and occupancy of members of the Band." Article V 1(g). (Res. No. 2024-37) PRP.5.1.030 Territorial Applicability This ordinance shall govern the activities of the Tribal Governing Board and the Tribal Condemnation Commission pursuant to the provisions of this ordinance within Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. (Res. No. 2024-37) PRP.5.1- PRP.5.1.040 Effective Date Except as otherwise provided in specific sections, the provisions of this ordinance shall be effective on the date adopted by the Tribal Governing Board. (Res. No. 2024-37) PRP.5.1.050 General Definitions (a) "Condemnation" means a legal proceeding where the Tribal Governing Board is exercising eminent domain to procure private property for some public use or benefit. (b) "Conflict of Interest" means a situation that has the potential to undermine the impartiality of a person because of the possibility of a conflict between the private interests of an individual and the official responsibilities of that person in the course of his or her duties, including those pertaining to employment or appointment on a board or commission. (c) "Eminent Domain" means the power of the Tribal Governing Board to take private property and convert it into public purpose use. (d) "Fair Market Value" means the price at which property would change hands between a willing buyer and willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of the relevant facts. (e) "Good Faith" means that there is an objective basis for initiating a condemnation proceeding. (f) "Just Compensation" means the payment the Lac Courte Oreilles Band of Lake Superior Chippewa Indians is required to tender for property it has taken through eminent domain for some public purpose. (g) "Lac Courte Oreilles" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. (h) "Private Property" means the real or personal property owned by one or more private parties. (i) "Public Purpose" means for the purpose of providing facilities or services for the benefit of the public connection with, but not limited to, public health, safety or welfare, as determined by the Tribal Governing Board. (j) "Reservation" or "Reservation Lands" means those lands located within the exterior boundaries of the Lac Courte Oreilles Reservation lands as well as off-Reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe. PRP.5.1- (k) "Respondent" means any person with an interest in or lien on Private Property that is subject to a Condemnation proceeding pursuant to this Chapter. (l) "Tribal Condemnation Commission" or "Commission" means the condemnation commission of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians established by the Tribal Governing Board in this ordinance. (m) "Tribal Court" means the court of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. (n) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. (o) "Tribe" or "Band" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. (Res. No. 2024-37) PRP.5.1.060 Severability If any clause, sentence, paragraph, section, or part of this code shall, for any reason be adjudicated by any Court of competent jurisdiction, to be invalid or unconstitutional, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which the judgment shall have been rendered. (Res. No. 2024-37) PRP.5.1- Subchapter PRP.5.2 Tribal Condemnation Committee Responsibilities Subchapter PRP.5.2 Tribal Condemnation Committee Responsibilities PRP.5.2.010 Commission Established .......................... PRP.5.2-Error! Bookmark not defined. PRP.5.2.020 Official Powers and Duties....................... PRP.5.2-Error! Bookmark not defined. PRP.5.2.030 Organization ........................................... PRP.5.2-Error! Bookmark not defined. PRP.5.2.040 Minimum Qualifications .......................... PRP.5.2-Error! Bookmark not defined. PRP.5.2.050 Merit Based Appointment ....................... PRP.5.2-Error! Bookmark not defined. PRP.5.2.060 Term and Removal .................................. PRP.5.2-Error! Bookmark not defined. PRP.5.2.070 Officers ................................................... PRP.5.2-Error! Bookmark not defined. PRP.5.2.080 Compensation of Commission Members. PRP.5.2-Error! Bookmark not defined. PRP.5.2.090 Restrictions ............................................. PRP.5.2-Error! Bookmark not defined. PRP.5.2.100 Care, Loyalty, and Conflict ....................... PRP.5.2-Error! Bookmark not defined. PRP.5.2.110 Personal Liability and Immunity............... PRP.5.2-Error! Bookmark not defined. PRP.5.2.120 Commission Action.................................. PRP.5.2-Error! Bookmark not defined. PRP.5.2.130 Minutes................................................... PRP.5.2-Error! Bookmark not defined. PRP.5.2.010 Commission Established (a) The Tribal Condemnation Commission is hereby created to act in an advisory capacity to the Tribal Governing Board for the purpose of carrying out the provisions of this ordinance and shall have those powers as stated in this section. (b) In the absence of a fully appointed Commission shall not abridge or divest the Tribe of its Condemnation Authority. (Res. No. 2024-37) PRP.5.2.020 Official Powers and Duties The Commission shall carry out the following official powers and duties: (a) Promulgate and implemental standard operating procedures necessary to govern its proceedings and satisfy its functions; (b) Review and process Tribal Governing Board condemnation resolutions in an orderly and expeditious manner; (c) Conduct and preside over hearings with any and all persons claiming an interest in the property to be taken and condemned to ascertain the fair market value of the property subject to condemnation; PRP.5.2- (d) Provide formal, written recommendations to the Tribal Governing Board to approve or deny the compensation ascertained for the property subject to condemnation; and (e) Develop rules, procedures, and by laws, not inconsistent with the provisions of this Ordinance, to promote orderly execution and implementation of the Commission's duties and powers hereunder. (f) Take other actions reasonably related to the purpose of the Committee or otherwise directed by the Tribal Governing Board. (Res. No. 2024-37) PRP.5.2.030 Organization (a) The Tribal Condemnation Commission shall be composed of five (5) persons, three of whom must be Members of the Tribe. Applications for appointment must meet the qualifications set forth in this ordinance. In no case shall a sitting Tribal Governing Board member be appointed as a Commission member. No individual Commission member, regardless of position, acting alone and without Commission approval is empowered or authorized to take any action or make any public statement regarding the Commission's positions on any matter. There shall be no limit on the number of terms any Commission member can serve, subject to any provision in the Tribal Constitution and Bylaws to the contrary. (b) The Tribal Governing Board shall recruit and post vacancies of the Commission to be filled from Tribal Membership. Applications shall be developed by the Tribal Governing Board. (Res. No. 2024-37) PRP.5.2.040 Minimum Qualifications Applicants for appointment to the Commission must satisfy the following requirements: (a) Be at least 21 years of age. (b) Have obtained a High School Diploma or GED equivalent or a degree of Higher Education. (c) Have no prior record of, or entry of a plea of no contest to, any of the following in any tribal, county, state or federal court, unless pardoned: (1) A felony (2) Any offense involving fraud or misrepresentation PRP.5.2- (d) Shall not be an elected Tribal official. (Res. No. 2024-37) PRP.5.2.050 Merit Based Appointment Commissioners shall be appointed on the basis of merit in consideration of factors including, but not limited to: (a) Ability to exercise sound judgment and knowledge and understanding of management, business administration, public administration, regulated industries and similar or related areas of importance to the operations of the Commission; (b) Expertise, experience or knowledge of property appraisal; (c) Qualities of integrity, judgment, and sensitivity unique to Indian cultural, economic and social conditions and the goals of the Tribe and the Commission; (Res. No. 2024-37) PRP.5.2.060 Term and Removal Commissioners shall serve three (3) year terms and shall hold office until their successors have been appointed and have qualified: Provided however, the first LCO Utility Commission appointed shall serve a term of three (3) years. One (l) Commissioner appointed to the first LCO Utility Commission shall serve a term of two (2) years. The remaining Commissioner appointed to the first LCO Utility Commission shall serve a term of one (l) year. If any Commissioner shall die, resign, be removed or, for any reason, be unable to serve as a Commissioner, the Governing Board shall declare his/her position vacant and shall appoint another person to fill the position. Terms of office of all persons appointed to replace the initial Commissioners shall be for the balance of any unexpired term for each such position. Any Commissioner may resign by delivering a written resignation to the Governing Board. Such resignation shall be effective upon receipt, unless otherwise provided by the terms thereof. A Commissioner's resignation or removal under this Section shall also terminate that Commissioner's status, if applicable, as a presiding officer of the Commission. A Commissioner may be removed by formal action of the Tribal Governing Board for neglect of duty, Conflict of Interest, malfeasance in office, unexcused absences of more than three (3) consecutive regular meetings, or other due cause in the Tribal Governing Board's sole discretion. The decision of the Tribal Governing Board regarding any such removal shall be final and not subject to appeal. The Tribal Governing Board shall appoint a Commissioner for all vacancies to the Commission as soon as reasonably possible. (Res. No. 2024-37) PRP.5.2- PRP.5.2.070 Officers Officers of the Commission shall be Chairman, Vice-Chairman, and Secretary. The Tribal Governing Board shall name one of the Commission members as the Chairman of the Commission. The Commission shall elect from among its members a Vice-Chairman and a Secretary. All officers shall serve one-year periods. In the absence of the Chairman, the ViceChairman shall preside. (Res. No. 2024-37) PRP.5.2.080 Compensation of Commission Members. Appointed members of the Commission shall receive a stipend of one hundred dollars ($100.00) per meeting and/or hearing for service as a Commission member. The amount of stipend is subject to change by the Tribal Governing Board via resolution. Training for Commission members to effectively and diligently carry out the powers and duties of this ordinance shall be provided by the Tribal Governing Board including travel, training/conference registration fees, and lodging costs. Such travel and training costs shall be determined and approved by the Tribal Governing Board. (Res. No. 2024-37) PRP.5.2.090 Restrictions (a) No Commission member shall deliberate on a pending condemnation proceeding involving a Conflict of Interest as defined in this Ordinance. (b) Nothing in this ordinance authorizes the Commission to interfere with management, operations, and employment relations or decisions of the Tribe or Tribal entities. (Res. No. 2024-37) PRP.5.2.100 Care, Loyalty, and Conflict (a) Commission members shall discharge their duties in good faith and in a manner that the member reasonably believes is in the best interest of the Commission and with due diligence that an ordinarily prudent person in a like position would exercise under similar circumstances. It is expected that all Commission members will work in a competent and professional manner that reflects favorably on the Tribal Governing Board and the Tribe. (b) Commission members shall, at all times, subordinate their personal interests to those of the Tribe and the Commission shall avoid conflicts of interest, including without limitation, that no Commission members shall exploit information related to Tribe, the Commission, or to person(s) claiming an interest in land subject to pending condemnation proceedings for their own personal gain or profit. PRP.5.2- (c) No Commissioner shall commit any act with respect to the Tribe, the Commission, or an applicant that is illegal, fraudulent, or willfully unfair to either the Tribe, the Commission, an applicant, or a witness. (Res. No. 2024-37) PRP.5.2.110 Personal Liability and Immunity (a) To the fullest extent permitted by law, the Tribe shall indemnify members of the Commission and its officers against costs, expenses, and liabilities incurred by them in carrying out their official duties as members of the Commission and its officers. (b) The Commission, as a delegated body of the Tribal Governing Board pursuant to the Lac Courte Oreilles Constitution, Article V, I (m), is immune, as is the Tribe, from suit and legal process in any state, federal or tribal court as the Lac Courte Oreilles Band of Lake Superior Chippewa Indians has not waived any aspect of its sovereign immunity in enacting this ordinance. (Res. No. 2024-37) PRP.5.2.120 Commission Action (a) A majority of the full Commission shall constitute a quorum necessary to conduct Commission business, but no action shall be taken by a vote of less than a majority of such full Commission. (b) All Commission members are entitled to vote on all issues. At the call of the question, by any one member on a particular issue, voting shall take place thereon. Voting by proxy representation shall be prohibited. (Res. No. 2024-37) PRP.5.2.130 Minutes All meetings of the Commission shall be memorialized via meeting minutes. The Secretary shall keep complete and accurate minutes of all meetings of the Commission. Minutes of all meetings shall be distributed to Commission members prior to the next meeting. Minutes shall be provided to the Tribal Governing Board upon adoption by the Commission. (Res. No. 2024-37) PRP.5.2- Subchapter PRP.5.3 General Provisions and Procedures in Exercising Tribal Condemnation Authority Subchapter PRP.5.3 General Provisions and Procedures in Exercising Tribal Condemnation Authority PRP.5.3.010 Condemnation of Land for Public PurposePRP.5.3-Error! Bookmark not defined. PRP.5.3.020 Uniform Valuation Guidelines ................. PRP.5.3-Error! Bookmark not defined. PRP.5.3.030 Petition for Ascertainment of Compensation by Tribal Condemnation Commission ................................................................ PRP.5.3-Error! Bookmark not defined. PRP.5.3.040 Contents of Petition for Ascertainment of Compensation .............. PRP.5.3-Error! Bookmark not defined. PRP.5.3.050 Amendment of Petition ........................... PRP.5.3-Error! Bookmark not defined. PRP.5.3.060 Additional Pleading Not Required............ PRP.5.3-Error! Bookmark not defined. PRP.5.3.070 United States Not an Indispensable Party PRP.5.3-Error! Bookmark not defined. PRP.5.3.080 Hearing on Right to Take - Time for Demand ......... PRP.5.3-Error! Bookmark not defined. PRP.5.3.090 Negotiated Compensation — Evidence of Offer Not Admissible .... PRP.5.3-Error! Bookmark not defined. PRP.5.3.100 Jurisdictional Determination ................... PRP.5.3-Error! Bookmark not defined. PRP.5.3.110 Hearing on Petition; Service and Publication ......... PRP.5.3-Error! Bookmark not defined. PRP.5.3.120 Commission Findings............................... PRP.5.3-Error! Bookmark not defined. PRP.5.3.130 Administrative Review............................. PRP.5.3-Error! Bookmark not defined. PRP.5.3.140 Judicial Review - Tribal Court ................... PRP.5.3-Error! Bookmark not defined. PRP.5.3.150 Effect of Judgement ................................ PRP.5.3-Error! Bookmark not defined. PRP.5.3.010 Condemnation of Land for Public Purpose The Tribe shall have the power to condemn trust land, restricted land, and all other lands under the civil regulatory and adjudicatory jurisdiction of the Tribe whenever such land is deemed by the Tribal Governing Board to be necessary for a public purpose. The exercise of eminent domain shall be initiated by the Tribal Governing Board passing a resolution identifying the land to be taken for a public purpose, the possessory holder and leasehold tenants and the purpose for which the land will be used. (Res. No. 2024-37) PRP.5.3.020 Uniform Valuation Guidelines The Commission shall develop and publish, upon the Tribal Governing Board's final approval, Uniform Property Valuation Guidelines for determining the fair market value of property subject to a duly authorized condemnation proceeding. The Commission may PRP.5.3- utilize any number of factors commonly associated with ascertaining and supporting the valuation of property, including but not limited to: the cost or selling price of the property; sales of comparable properties; replacement costs; and opinions of licensed expert appraisers. Once the Uniform Property Valuation Guidelines have been approved by the Tribal Governing Board, the Commission shall be bound to follow the Uniform Property Valuation Guidelines to fullest extent practicable in determining the Fair Mark Value of Private Property. The Uniform Property Valuation Guidelines may only be amended upon approval by the Governing Board. (Res. No. 2024-37) PRP.5.3.030 Petition for Ascertainment of Compensation by Tribal Condemnation Commission In all cases where the Tribal Governing Board shall determine by official action of the Governing Board to take title or otherwise use or convert Private Property as an exercise of its Condemnation Authority, it shall file a Petition to the Tribal Condemnation Commission requesting that the just compensation to be made for such property be ascertained by the Commission. (Res. No. 2024-37) PRP.5.3.040 Contents of Petition for Ascertainment of Compensation A petition filed pursuant to Section PRP.5.3.030 shall name the Lac Courte Oreilles Band of Lake Superior Chippewa Indians as Petitioner. The Petition shall contain the following information: (a) The identity and, if known, mailing address of any person known to the Governing Board to have an interest in or liens upon the Private Property affected by the proposed Condemnation; (b) A description of the Private Property, including a legal description of any Real Property and any other information necessary to completely and accurately identify the Private Property; (c) A statement of the proposed public use for the Property; (d) A copy of a resolution of the Tribal Governing Board authorizing the taking of the trust or restricted land described in the petition; and (e) Any other information required by the Commission pursuant to its lawfully adopted rules and regulations. (Res. No. 2024-37) PRP.5.3- PRP.5.3.050 Amendment of Petition If any person is a proper party Respondent to a proceeding under this Chapter, or any property affected thereby, shall have been omitted from said petition or notice, the Petitioner may file amendments to the same, which amendments from the filing thereof shall have the same effect as though contained in said petition and notice. (Res. No. 2024-37) PRP.5.3.060 Additional Pleading Not Required No pleading other than the Petition shall be required in a proceeding under this Chapter, unless ordered by the Commission. (Res. No. 2024-37) PRP.5.3.070 United States Not an Indispensable Party The United States shall not be an indispensable party in any proceeding before the Commission under this Chapter. (Res. No. 2024-37) PRP.5.3.080 Hearing on Right to Take - Time for Demand Within the earlier of (i) thirty (30) days from the date the publication of the Petition or (ii) 30 days after receipt of the Petition by mail or personal delivery, a Respondent or other interested person may demand a hearing in Tribal Court on the exclusive threshold issue of the Tribe's jurisdiction to exercise its power of Eminent Domain over the private property subject to the proposed Condemnation. Failure to make such a demand or to consent in writing to the taking, within the thirty (30) day period, shall constitute a waiver of the right to question the necessity of the taking. The finding of necessity by the Petitioner, unless based upon fraud, bad faith and/or abuse of discretion, shall be binding on all persons. (Res. No. 2024-37) PRP.5.3.090 Negotiated Compensation — Evidence of Offer Not Admissible The Petitioner and any Respondent may mutually agree upon fair market value of the Private Property. Any said agreement must be written and signed by both parties in order to be binding. A binding settlement agreement shall not be subject to Commission review. The Petitioner may at the time of service of the summons on any Respondent serve an offer in writing to the effect that the Petitioner will deposit with the Tribal Treasury a sum of money specified to be paid to Respondent or other parties entitled thereto as compensation for all of the Private Property taken or damaged. PRP.5.3- Settlement negotiations or evidence of deposits hereunder shall not be admissible as evidence in a hearing before the Commission. (Res. No. 2024-37) PRP.5.3.100 Jurisdictional Determination Within ten (10) business days after receipt of a Petition, the Commission shall make a preliminary determination on whether it possesses jurisdiction to preside over the dispute in question pursuant to this Code. If the Commission determines that it does not possess jurisdiction over the dispute in question, the Commission shall issue a notice of denial to the Petitioner, in a form prescribed by the Commission, explaining the basis for this determination. The dismissal notice shall constitute a final Commission order that may be appealed to the Tribal Court as set forth in this Chapter. A Commission's preliminary determination that it possesses jurisdiction shall not preclude any Respondent from challenging the jurisdiction of the Commission during the course of the proceedings. (Res. No. 2024-37) PRP.5.3.110 Hearing on Petition; Service and Publication (a) If the Commission determines that it possesses jurisdiction over the dispute in question, the Commission shall set a hearing date on the Petition. The Commission shall serve a Notice of Hearing, by personal delivery or U.S. Mail all Respondents identified by the Petitioner in its Petition or any other Respondents known to the Commission to have a legal interest in the Private Property. The Hearing Notice shall include the date and location of the hearing, a copy of the Petition, and copies of any rules and procedures applicable to the hearing. (b) The Commission shall also publish the Notice of Hearing through one or both of the following means: (l) Posting the Notice on the official government website of the Tribe; (2) Publishing the Notice in a newspaper of general circulation on the Reservation. The publication shall include the identification of the Private Property and the time, date, and location of the hearing. The publication shall also include Commission contact information to obtain a copy of the Petition and any applicable rules and procedures. (c) Hearings shall be conducted in accordance with rules and procedures adopted by the Commission. All Respondents shall be given an opportunity to be heard and submit documentation probative of the fair market value of the Private Property subject to the proposed Condemnation. Hearing participants may be represented by legal counsel. (Res. No. 2024-37) PRP.5.3- PRP.5.3.120 Commission Findings Within twenty-one (21) days after the Hearing, the Commission shall issue a written set of findings determining the fair market value of the Private Property and the basis for such determination. (Res. No. 2024-37) PRP.5.3.130 Administrative Review (a) Any person aggrieved by a final determination of fair market value made by the Commission, within twenty-one (21) days after the fair market value of a property has been ascertained through a written set of findings by the Commission, file a petition for reconsideration with the Commission. The petition for reconsideration shall contain a statement of the grounds for the requested relief and any supporting documentation. The Commission may order a hearing or enter an order on the petitioner for reconsideration without a hearing and shall dispose of the matter within sixty (60) days after the petition has been filed. (b) The Commission's review on a petition for reconsideration shall be confined to the record, except that in instances where there is the allegation of the discovery of new evidence as to the fair market value of the condemned property, testimony may be taken regarding the new evidence. (c) Unless the Commission finds a ground for setting aside, modifying, remanding or ordering a certain action, it shall affirm the finding of fair market value. (Res. No. 2024-37) PRP.5.3.140 Judicial Review - Tribal Court Appeals from Tribal Condemnation Commission administrative review decisions shall be allowed in the Tribal Court. The Tribal Court shall review the final administrative decision of the Commission using an abuse of discretion standard. (Res. No. 2024-37) PRP.5.3.150 Effect of Judgement A final judgement in favor of the Band is conclusive as to the title of the Band, in and to the interest in the trust or restricted land described in said judgement, against any and all parties in said action, including unknown Respondents, and against any and all persons claiming from, through or under such a party by title accruing after the filing of the judgement by the clerk of the Court. (Res. No. 2024-37) PRP.5.3- Chapter PRP.7 Housing Authority Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Chapter PRP.7 Housing Authority Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians PRP.7.1 General Provisions ......................................... PRP.7.1-Error! Bookmark not defined. PRP.7.2 Definitions ..................................................... PRP.7.2-Error! Bookmark not defined. PRP.7.3 General .......................................................... PRP.7.3-Error! Bookmark not defined. PRP.7.4 Housing Court ................................................ PRP.7.4-Error! Bookmark not defined. PRP.7.5 Admissions and Occupancy ............................ PRP.7.5-Error! Bookmark not defined. PRP.7.6 Eviction .......................................................... PRP.7.6-Error! Bookmark not defined. PRP.7.7 Administrative Procedures ............................. PRP.7.7-Error! Bookmark not defined. PRP.7.8 Reporting Requirements ................................ PRP.7.8-Error! Bookmark not defined. PRP.7.9 Housing Rehabilitation and Construction Standards ..... PRP.7.9-Error! Bookmark not defined. PRP.7.10 Maintenance Policies and Procedures ........ PRP.7.10-Error! Bookmark not defined. PRP.7.11 Inspections................................................. PRP.7.11-Error! Bookmark not defined. PRP.7.12 Relocation Policy ........................................ PRP.7.12-Error! Bookmark not defined. PRP.7.13 Collection and Compliance Policy ............... PRP.7.13-Error! Bookmark not defined. PRP.7.14 Grievance Policy......................................... PRP.7.14-Error! Bookmark not defined. Preamble This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians to provide for the decent, safe and sanitary dwellings for the members of the Tribe which predates its Treaties of 1825, 1826, 1837, 1842, 1847 and 1854 with the United States Government. In the implementation of this inherent sovereign authority, Article V, §§ 1 (l) and (m) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "organize, charter and regulate any association or group, including a housing authority, for the purpose of providing social or economic benefits to the members of the Band or residents of the reservation" Article V, § 1 (l); and "delegate to subordinate boards, officers, committees or cooperative associations which are open to all members of the Band any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated powers" Article V, § 1 (m). Pursuant to this inherent sovereign authority, the Tribal Governing Board hereby establishes a public body known as the Lac Courte Oreilles Housing Authority (hereinafter referred to as the Housing Authority), and enacts this ordinance which shall establish the purposes, powers and duties of the Housing Authority. In any suit, action or proceeding involving the validity or enforcement of or relating to any of its contracts, the Housing Authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon PRP.7- proof of the adoption of this ordinance. A copy of this ordinance duly certified by the Secretary/Treasurer of the Tribal Governing Board shall be admissible in evidence in any suit, action or proceedings. PRP.7- Subchapter PRP.7.1 General Provisions Subchapter PRP.7.1 General Provisions PRP.7.1.010 Title......................................................... PRP.7.1-Error! Bookmark not defined. PRP.7.1.020 Authority................................................. PRP.7.1-Error! Bookmark not defined. PRP.7.1.030 Declaration of Need ................................ PRP.7.1-Error! Bookmark not defined. PRP.7.1.040 Purpose................................................... PRP.7.1-Error! Bookmark not defined. PRP.7.1.050 Territorial Applicability ............................ PRP.7.1-Error! Bookmark not defined. PRP.7.1.060 Effective Date.......................................... PRP.7.1-Error! Bookmark not defined. PRP.7.1.070 Interpretation ......................................... PRP.7.1-Error! Bookmark not defined. PRP.7.1.080 Severability and Non-Liability .................. PRP.7.1-Error! Bookmark not defined. PRP.7.1.090 Relation to Other Laws ............................ PRP.7.1-Error! Bookmark not defined. PRP.7.1.100 Repeal of Inconsistent Tribal Ordinances . PRP.7.1-Error! Bookmark not defined. PRP.7.1.010 Title This ordinance shall be known as the Housing Authority Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. (Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.1.010 was formerly codified as XI LCOTCL §7.101 PRP.7.1.020 Authority This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. In the implementation of this inherent sovereign authority, Article V, §§ 1(l) and (m) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "organize, charter and regulate any association or group, including a housing authority, for the purpose of providing social or economic benefits to the members of the Band or residents of the reservation" Article V, § 1 (l); and "delegate to subordinate boards, officers, committees or cooperative associations which are open to all members of the Band any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated powers" Article V, § 1 (m). (Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.1.020 was formerly codified as XI LCOTCL §7.102 PRP.7.1- PRP.7.1.030 Declaration of Need It is hereby declared; (a) That there exists on the Reservation unsanitary, unsafe, and overcrowded dwelling accommodations; (b) That there is a shortage of decent, safe and sanitary dwelling accommodations which persons of low income can afford, and that such shortage forces such persons to occupy unsanitary, unsafe and overcrowded dwelling accommodations; (c) That these conditions cause an increase in and spread of disease and crime and constitute a menace to health, safety, morals and welfare; and that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety protection, fire and accident prevention, and other public services and facilities; (d) That the shortage of decent, safe and sanitary dwellings for persons of low income cannot be relieved through the operation of private enterprise; (e) That the providing of decent, safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which money may be spent and private property acquired and are governmental functions of Tribal concern; (f) There is a lack of available financial assistance through conventional lending institutions for those individuals and families with poor or no credit, and or a lack of financial resources, for those individuals and families that desire to become homeowners; (g) That residential construction activity and a supply of acceptable affordable housing are important factors to general economic activity, and that the undertakings authorized by this ordinance to aid the production of better housing and more desirable neighborhood and community development at lower costs will make possible a more stable and larger volume of residential construction and a housing supply which will assist materially in achieving full employment; and (h) That the necessity in the public interest for the provisions hereinafter enacted is hereby declared as a matter of legislative determination. (Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.1.030 was formerly codified as XI LCOTCL §7.103 PRP.7.1- PRP.7.1.040 Purpose The Tribe shall provide adequate and affordable housing and housing services to lowand moderate- income Indian families and individuals within the Reservation and any other area served by the Tribe. The Housing Authority shall remain sensitive to the cultural goals of the Tribe. Housing shall be provided in safe and healthy environments in compliance with the requirements, rules, and regulations of the Native American Housing Assistance and Self-determination Act of 1996. The Housing Authority shall provide these services in an impartial and efficient manner. The Housing Authority shall be operated for the purpose of: (a) Remedying unsafe and unsanitary housing conditions that are injurious to the public health, safety and morals; (b) Alleviating the acute shortage of decent, safe and sanitary dwellings for persons of low income; (c) Providing employment opportunities through the construction, reconstruction, improvement, extension, alteration or repair and operation of low income dwellings. (Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.1.040 was formerly codified as XI LCOTCL §7.104 PRP.7.1.050 Territorial Applicability This ordinance shall govern the housing activities of the Housing Authority pursuant to the provisions of this ordinance within Lac Courte Oreilles Reservation lands as well as offreservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe. (Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.1.050 was formerly codified as XI LCOTCL §7.105 PRP.7.1.060 Effective Date Except as otherwise provided in specific sections, the provisions of this ordinance shall be effective on the date adopted by the Tribal Governing Board. (Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.1.060 was formerly codified as XI LCOTCL §7.106 PRP.7.1.070 Interpretation The provisions of this ordinance: PRP.7.1- (a) Shall be interpreted and applied as minimum requirements applicable to the Housing Authority activities subject to this ordinance; (b) Shall be liberally construed in favor of the Tribe; (c) Shall not be deemed a limitation or repeal of any other tribal power or authority. (d) Shall be interpreted to be in accordance with tribal customary law. Whenever there is uncertainty or a question as to the interpretation of certain provisions of this ordinance, tribal law and custom shall be controlling, and where appropriate, may be based on the written or oral testimony of a qualified tribal elder, tribal historian, or tribal representative. If the traditions and customs of the Tribe are inconclusive in any matter, the Court may use tribal law, federal law or the State law for guidance. (Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.1.070 was formerly codified as XI LCOTCL §7.107 PRP.7.1.080 Severability and Non-Liability If any section, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. The Tribe further asserts immunity on its part and that of its agencies, employees, and/or agents from any action or damages that may occur as a result of reliance upon and conformance with this ordinance. (Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.1.080 was formerly codified as XI LCOTCL §7.108 PRP.7.1.090 Relation to Other Laws (a) Applicable Law. Unless affected or displaced by this ordinance, principles of law and equity in the common law of the Tribe and tribal customs and traditions are applicable, and the general principles of law of any other Tribe or any other state may be used as a guide to supplement and interpret this ordinance. (b) Other Applicable Laws. Additional tribal and federal laws may apply with regard to tribal housing and governmental housing laws and regulations. (c) Conflicts with Other Laws. (1) Tribal Law. To the extent that this ordinance may conflict with tribal laws or ordinances which have been enacted to comply with statutes or regulations of any agency of the United States, such tribal laws or ordinances shall govern over the PRP.7.1- provisions of this Code if it has specific applicability and it is clearly in conflict with the provisions of this Code. (2) Federal Law. Where a conflict may appear between this ordinance and any statute, regulation, or agreement of the United States, the federal law shall govern if it has specific applicability and if it is clearly in conflict with the provisions of this Code. (3) State Law. To the extent that the laws of any state may be applicable to the subject matter of this ordinance, such laws shall be read to be advisory and not directly binding and shall not govern the relations of the parties. (Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.1.090 was formerly codified as XI LCOTCL §7.109 PRP.7.1.100 Repeal of Inconsistent Tribal Ordinances All ordinances and resolutions inconsistent with this ordinance are hereby repealed. To the extent that this ordinance imposes greater restrictions than those contained in any other tribal law, code, ordinance or regulation, the provisions of this ordinance shall govern. (Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.1.100 was formerly codified as XI LCOTCL §7.110 PRP.7.1- Subchapter PRP.7.2 Definitions Subchapter PRP.7.2 Definitions PRP.7.2.010 General Definitions ................................. PRP.7.2-Error! Bookmark not defined. PRP.7.2.010 General Definitions Any term not defined in this section shall be given its ordinary meaning. The following terms, wherever used in this ordinance, shall be construed to apply as follows, except where the context indicates otherwise: (a) "Abandonment" means the absence from the premises for three consecutive weeks without notification in writing to the Housing Authority. (b) "Action, Suit or Lawsuit, Claim, Complaint or Defense" shall include any dispute between persons or entities which relates to the sale, rental, use, lease or occupancy of any housing, dwelling, premises or accommodation for human occupancy, including claims for the payment of monies for such housing, dwellings, premises or accommodations, damages to such units, condition of such units or the relationships between owners and occupants of such units, including the right to occupy them. (c) "Adjusted Income" means the annual income that remains after the following deductions. In no case shall the deductions exceed household income: (1) Youth and Students. $480 for each member of the family residing in the household (other than the head of household or the spouse of the head of the household): (A) Who is under 18 years of age; or (B) Who is 18 years of age or older and a full-time high school (or GED) student. (2) Elderly or Disabled Families. $400 for an elderly or disabled head or co-head of household. (3) Medical and Attendant Expenses. The amount by which 3 percent of the annual income of the family is exceeded by the aggregate of: (A) Medical expenses, in the case of an elderly or disabled family; and PRP.7.2- (B) Reasonable attendant care and auxiliary apparatus expenses for each family member who is a person with disabilities, to the extent necessary to enable any member of the family (including a member who is a person with disabilities) to be employed. (4) Child Care Expenses. Verified out-of-pocket childcare expenses, to the extent necessary, to enable another member of the family to be employed or to further his or her education. (5) Earned Income of Minors. The amount of any earned income of any member of the family who is less than 18 years of age. (6) Excess Travel Expenses. Excessive travel expenses (travel more than 25 miles) for the Head or Co-Head of Household, shall receive a maximum deduction of $25 per family per week, for employment and/or education related travel. (7) Child Support. Financial obligations paid to another household for the support of minor children. (d) "Adult Person" means any person 18 years of age or older. (e) "Affected Persons" means the Tenant who is subject to the provisions of this ordinance, and the Tribe by the Housing Authority. (f) "Annual Income" or "Income" as defined in in 24 CFR § 5.609 means the following: (1) Annual income means all amounts, monetary or not, which: (A) Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member; (B) Are anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date; and which are not specifically excluded in Section PRP.7.2.010(f)(3) below; or (C) Annual income derived (during the 12-month period) from assets to which any member of the family has access. (2) Annual income includes, but is not limited to: (A) The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services; PRP.7.2- (B) The net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family; (C) Interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in Section PRP.7.2.010(f)(2)(B) above. Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD; (D) The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump-sum amount or prospective monthly amounts for the delayed start of a periodic amount (except as provided in Section PRP.7.2.010(f)(3)(N), below); (E) Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay (except as provided in Section PRP.7.2.010(f)(3)(C), below); (F) Welfare assistance payments. (i) Welfare assistance payments made under the Temporary Assistance for Needy Families (TANF) program are included in annual income only to the extent such payments: (I) Qualify as assistance under the TANF program definition at 45 CFR § 260.31; and (II) Are not otherwise excluded under Section PRP.7.2.010(f)(3), below. (ii) If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare PRP.7.2- assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of: (I) The amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus (II) The maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family's welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under this paragraph shall be the amount resulting from one application of the percentage. (G) Periodic and determinable allowances, such as alimony, child support payments, permanent kinship care payments, and regular contributions of gifts received from organizations or from persons not residing in the dwelling; (H) All regular pay, special pay and allowances of a member of the Armed Forces (except as provided in Section PRP.7.2.010(f)(3)(G), below). (3) Annual income does not include the following: (A) Income from the employment of children (including foster children) under the age of 18 years; (B) Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone); (C) Lump sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses (except as provided in Section PRP.7.2.010(f)(2)(E), above); (D) Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member; (E) Income of a live-in aide, as defined in Section PRP.7.2.010(xx), below; (F) The full amount of student financial assistance paid directly to the student or to the educational institution; (G) The special pay to a family member serving in the Armed Forces who is exposed to hostile fire; PRP.7.2- (H) (i) Amounts received under training programs funded by HUD; (ii) Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain SelfSufficiency (PASS); (iii) Amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program; (iv) Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the Housing Authority, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the Board of Commissioners. No resident may receive more than one such stipend during the same period of time; (v) Incremental earnings and benefits resulting to any family member from participation in qualifying State or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program; (I) Temporary, nonrecurring or sporadic income (including gifts); (J) Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era; (K) Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household and spouse); (L) Adoption assistance payments in excess of $480 per adopted child; (M) Temporary kinship care payments; PRP.7.2- (N) Deferred periodic amounts from supplemental security income and Social Security benefits that are received in a lump sum amount or in prospective monthly amounts, or any deferred Department of Veterans Affairs disability benefits that are received in a lump sum amount or in prospective monthly amounts; (O) Amounts received by the family in the form of refunds or rebates under State or local law for property taxes paid on the dwelling unit; (P) Amounts paid by a State agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home; or (Q) Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR § 5.609 (c) apply. A notice will be published in the Federal Register and distributed to the Housing Authority identifying the benefits that qualify for this exclusion. Updates will be published and distributed when necessary. (4) Annualization of income. If it is not feasible to anticipate a level of income over a 12-month period (e.g., seasonal or cyclic income), or the Housing Authority believes that past income is the best available indicator of expected future income, the Housing Authority may annualize the income anticipated for a shorter period, subject to a redetermination at the end of the shorter period. (A) "Area of Operation" means all areas within the jurisdiction of the Lac Courte Oreilles Band of Lake Superior Chippewa. (g) "Board" means the Lac Courte Oreilles Housing Authority Board of Commissioners. (h) "Building" is a structure, and any appurtenances or additions thereto, designed for habitation, shelter, storage and the like. (i) "Common Property" means the non-dwelling structures and equipment, common areas, community facilities, and in some cases, certain component parts of dwelling structures. (j) "Complaint" means a grievance of any resident or applicant which is presented according to this ordinance. (k) "Demise" means death, mental incapacity, physical incapacity, or incarceration. PRP.7.2- (l) "Dependent" means a member of the family/household (excluding foster children) other than the family head or spouse, who is under 18 years of age or is a disabled person or handicapped person, or is a full-time student. (m) "Disabled/Handicapped Person" pursuant to 24 CFR § 5.403: (1) Means a person who: (A) has a disability as defined in 42 USC § 423; (B) is determined, pursuant to HUD regulations, to have a physical, mental, or emotional impairment that: (i) Is expected to be of long-continued and indefinite duration; (ii) Substantially impedes his or her ability to live independently or in a close and unsupervised proximity to others; and (iii) Is of such a nature that the ability to live independently could be improved by more suitable housing conditions; or (C) Has a developmental disability as defined in 42 USC § 6001. (2) Does not exclude persons who have the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome. (3) For the purposes of qualifying for low-income housing, does not include a person whose disability is based solely on any drug or alcohol dependence; and (4) Means "individual with handicaps," for purposes of reasonable accommodation and program accessibility for persons with disabilities. (n) "Disabled Family" pursuant to 24 CFR § 5.403 means a family whose head (including co-head), spouse, or sole member is a person with a disability. It may include two or more persons with disabilities living together, or one or more persons with disabilities living with one or more live-in aides. (o) "Displaced Family" pursuant to 24 CFR § 5.403 means a family in which each member, or whose sole member, is a person displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to Federal disaster relief laws. PRP.7.2- (p) "Displaced Person" means any lower income family or individual that moves from the real property or moves his or her personal property from the real property permanently and involuntarily, as a direct result of Acquisition, Rehabilitation, or Demolition. (q) "Drug Free Public Housing Zone" means any public housing development administered by the Housing Authority plus the area within 300 feet of the property's boundary, or one city block whichever distance is greater which shall be free of selling, possessing, or possessing with intent to sell any illegal controlled substance. Maximum sentencing penalties will be imposed by the courts for unlawful controlled substance crimes committed within this defined zone. Housing Authority has a "zero tolerance" for drug activity; the lease of any Tenant who possesses any amount of a controlled substance in Housing Authority property will be terminated. All Tenants are responsible for the conduct of the members of their household and/or guests. The lease of a Tenant will also be terminated if a guest or household member is found to possess any amount of a controlled substance on Housing Authority property. (r) "Drug-Related Criminal Activity" means the intent to manufacture, sell, distribute, consume, use, possess a controlled substance (as such term is defined in Section 102 of the Controlled Substance Act) including the possession of drug paraphernalia, as evidenced by documentation from police reports, criminal background information, conviction, or indictment. (s) "Dwelling Unit" means a house or building or portion thereof which is rented or leased as a home or residence by any person. With respect to tenancies involving the rental of space for a residential structure, but not the rental of the residential structure itself, "dwelling unit" does not include the residential structure. (t) "Earned Income" means income derived from employment of household members. (u) "Elderly and Near Elderly Family" means a family whose head (including co-head), spouse or sole member is an elderly or a near-elderly person, as defined in this section. It may include two or more elderly or near-elderly persons living together, or one or more elderly or near-elderly persons living with one or more live-in aides, or one or more such persons determined under the Indian housing plan for the agency to be essential to their care or well-being. (v) "Elderly Person" pursuant to 24 CFR § 5.403 means a person who is at least 62 years of age. (w) "Essential Family" means any individual or family, with regard to eligibility for tribal housing, where the individual or family's need for housing cannot be met without such assistance and the Housing Authority determines that the family's presence is essential to the well-being of Indian families living on the reservation. PRP.7.2- (x) "Essential to the Well-being of an Indian Family" means any individual, with regard to eligibility for tribal housing, who is essential to the health and wellbeing of the Tribe. (y) "Excluded Income" means income not included as annual income as defined in Section PRP.7.2.010(f)(3), above. (z) "Executive Director or Director" means the individual employed by the Tribal Governing Board to manage the affairs of the Housing Authority as provided for in this ordinance and other relevant documents. (aa) "Family" pursuant to 24 CFR § 5.403 means, but is not limited to, the following, regardless of actual or perceived sexual orientation, gender identity, or marital status: (1) A single person, who may be an elderly person, displaced person, disabled person, near-elderly person, or any other single person; or (2) A group of persons residing together, and such group includes, but is not limited to: (A) A family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family); (B) An elderly family; (C) A near-elderly family; (D) A disabled family; (E) A displaced family; and (F) The remaining member of a tenant family. (bb) "Full-time Student" means a person who is carrying a subject load that is considered full-time for day students under the standards and practices of the educational institution attended. An educational institution includes a vocational school with a diploma or certificate program, as well as an institution offering a college degree. (cc) "Federal government" shall be the United States of America; the Department of Housing and Urban Development or any other agency or instrumentality, corporate or otherwise of the United States of America. (dd) "Gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, which meets all of the following criteria: PRP.7.2- (1) Has as one of its primary activities, the commission of criminal conduct as defined by applicable law; and (2) Has a common name or common identifying sign(s) or symbol(s); and (3) Includes members who individually or collectively engage in or have engaged in a pattern of criminal activity. (ee) "Gang Recruitment" means to recruit, solicit, entice or intimidate any person to join a gang. (ff) "Gang Reprisal" means to expressly or impliedly threaten to do bodily harm to any person or that person's family or use any other criminally unlawful means to deter or punish any person from leaving a gang, or disassociating himself or herself from gang-related activity, or to deter or punish any reporting to the Housing Authority or any law enforcement agency of any gang-related activity. (gg) "Gang-related Activity" means the commission of any of the following activities for the benefit of, at the direction of, or motivated by involvement with a gang, with the intent to promote, further, or assist in criminal conduct by gang members: (1) Distribution of controlled substances; (2) Using any means, including but not limited to cyber-technology and social media, sometimes known as "cyber-bullying", to threaten anyone with bodily harm, property destruction, libel, invasion of privacy or exposure of personal information or photographs, (3) Any crime of violence that has an element involving the use or attempted use of physical force against the person on another; or (4) Any felony offense that by its nature involves a substantial risk that physical force against the person of another may be used in the course of committing the offense, including: (A) Assault; (B) Battery; (C) Intimidation; (D) Compelling organizational membership; (E) Homicide or manslaughter; PRP.7.2- (F) Shooting at an occupied dwelling or motor vehicle; (G) Kidnapping; (H) Carjacking; (I) Robbery; (J) Burglary; (K) Drive-by shooting; (L) Unlawful use or possession of weapons; (M) Bribery; (N) Tampering with or retaliating against a witness, victim, informant, or juror; (O) Rape; (P) Torture; (Q) Arson; (R) Money laundering; (S) Felony vandalism; (T) Unlawful sale of a firearm; or (U) Obstruction of justice. (hh) "Graffiti" means the intentional marking, drawing, writing with paint, ink or any other substance on, or intentionally etching into Housing Authority property. (ii) "Grievance" means any dispute to which a resident or applicant may have with respect to Housing Authority action or failure to act which adversely affects their rights, duties, welfare or status. (jj) "Guest" means any person, other than the tenant, in or around a dwelling unit or on the premises with the permission and consent of the tenant. (kk) "Head of Household" means the adult member of the family who is the head of the household for purposes of determining income eligibility and rent. In order to be considered as the Head of Household, the person must have the mental capacity to PRP.7.2- understand the provisions of this ordinance, the lease, and other related documents / forms of the Housing Authority. (ll) "Homebuyer" means a person(s) who has executed a lease-purchase or purchase agreement with the Authority, and who has not yet achieved homeownership. (mm) "Household" means all the people who occupy a housing unit. A household includes the related family members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees who share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a housing unit such as partners or roomers, is also counted as a household. (nn) "Housing Authority" or "Authority" means the Lac Courte Oreilles Housing Authority which is the entity that has been delegated the responsibility for carrying out the intent of this ordinance, under the direction of the Executive Director. (oo) "Housing Plan" or "Plan" means the Indian Housing Plan, or IHP, including housing goals, objectives, and strategies, developed by the Housing Authority together with the Board. (pp) "Housing Project" or "Project" means any work or undertaking to provide or assist in providing (by any suitable method, including but not limited to: rental, sale of individual units in single or multifamily structures under conventional condominium, or cooperative sales contracts or lease-purchase agreements, loans or subsidizing of rentals or charges) decent, safe and sanitary dwellings, apartments, or other living accommodations for project eligible persons. Such work or undertaking may include buildings, land, leaseholds, equipment facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, for streets, sewers, water service, utilities, parks, site preparation or landscaping, and for administrative, community, health, recreational, welfare or other purposes. The term "housing project" or "project" also may be applied to the planning of the buildings and improvements, the acquisition of property or any interest therein, the demolition of existing structures, the construction reconstruction, rehabilitation, alteration or repair of the improvements or other property and all other work in connection therewith, and the term shall include all other real and personal property and all tangible or intangible assets held or used in conjunction with the housing project. (qq) "HUD" means the Department of Housing and Urban Development of the United States Federal Government. (rr) "Indian" means any person recognized as being an Indian or Alaskan Native by an Indian Tribe, the Federal Government or any State. PRP.7.2- (ss) "Indian Family" means a family or family member who is recognized as being an Indian or Alaskan Native by an Indian Tribe, the Federal Government or any State. (tt) "Kinship Care Payments" means family support payments for the temporary or long-term care of a relative child. (uu) "Landlord" includes the Housing Authority which is the owner or lessor of a dwelling unit, or premises, intended for the use of tenants. (vv) "Lease" or "Rental Agreement" means a written agreement, including any written rules and regulations adopted by the Housing Authority containing the terms and conditions of the use and occupancy of real property, dwelling units, buildings or premises, including a lease-to-purchase agreement. (ww) "Lessee" means a tenant of a dwelling unit or premises, user and/or occupier of real property. (xx) "Lessor" means the legal, beneficial or equitable owner of property under a lease. (yy) "Live-in Aide" pursuant to 24 CFR § 5.403 means a person who resides with one or more elderly persons, or near-elderly persons, or persons with disabilities, and who: (1) Is determined to be essential to the care and well-being of the person(s); (2) Is not obligated for support of the person(s); and (3) Would not be living in the unit except to provide necessary supportive services and has no right to reside in the unit if not providing said services. (zz) "Low Income Family" means a family whose annual income does not exceed eighty percent (80%) of the median income for the area, as determined by the Secretary of HUD with adjustments for smaller and larger families. (aaa) "Median Income" means, with respect to an area that is an Indian area, the greater of: (1) The median income for the Indian area, which the Secretary of HUD shall determine; or (2) The median income for the United States as published. (bbb) "Members of the Household" means those persons listed in the lease or subsequent lease addendum. (ccc) "Monthly Adjusted Income" means one-twelfth of adjusted income. PRP.7.2- (ddd) "Monthly Income" means one-twelfth of annual income. (eee) "Monthly Rent" means the rent amount the family pays monthly as determined by the Housing Authority. Monthly Rent may include Flat Rent, Income Based Rent, Minimum Rent and Retroactive Rent. If the Housing Authority supplies all utilities (except telephone or cable TV) and other essential housing services are supplied by the Housing Authority, Monthly Rent equals the Total Tenant Payment. If Housing Authority does not supply utilities and other essential housing service, and these costs are not included in the Monthly Rent amount, Monthly Rent equals Total Tenant Payment less the applicable Utility Allowance. (fff) "Near Elderly Family" means a family whose head or spouse (or sole member) is at least 55 years of age but below the age of 62 years. (ggg) "Near Reservation" means occupancy within the townships and cities adjacent to the reservation including but not limited to the townships of Hayward, Bass Lake, Couderay, Exeland, Hunter, Radisson, Round Lake, Sand Lake and Winter. (hhh) "Notice to Quit" means a notice from the Authority to a tenant terminating a lease or rental agreement and demanding that the tenant and those with him/her leave the premises. (iii) "Nuisance" means the maintenance or allowance on real property of a condition which unreasonably threatens the health or safety of the public, or deprives neighboring property users of the reasonable use, enjoyment and occupancy of their property. (jjj) "Obligations" means any notes, bonds, interim certificates, debentures, or other forms of obligation issued by the Authority pursuant to this ordinance. (kkk) "Obligee" includes any holder of an obligation, agent or trustee for any holder of an obligation or lessor demising to the Authority property used in connection with a project, or any assignee or assignees of such lessor's interest or any part thereof, and the Federal government when it is a party to any contract with the Authority in respect to a housing project. (lll) "Occupancy Standard" means the standards established pursuant to Section PRP.7.5.190 of this ordinance to ensure that the rental units are maintained by the tenants in a safe and sanitary condition and that tenant actions will not impede the peaceful enjoyment of Housing Authority residents and communities. (mmm) "Pattern of Gang-related Activity" means the commission, attempt to commit, conspiring to commit, or solicitation of two or more predicate gang crimes, provided the criminal acts were committed on separate dates or by two or more persons who are members of, or belong to, the same gang within a one-year period. PRP.7.2- (nnn) "Person" means the Housing Authority where the meaning of a portion of this ordinance requires, a public agency, corporation, partnership or other entity. (ooo) "Persons not Considered a 'Dislocated Person'" means a person who is not required to relocate permanently as a direct result of a rehabilitation project and who will return to the original project within a reasonable period of time (Temporary Relocation). (ppp) "Person not Eligible for Relocation Assistance" means a person that is not eligible for relocation assistance if any of the following situations occur: (1) The tenant has been evicted for a serious or repeated violation of the terms and conditions of the lease or occupancy agreement; (2) Violation of Tribal, Federal, State, or local law or other good cause; or (3) The person has no legal right to occupy the property under tribal law. (qqq) "Person with Disabilities" means Disabled/Handicapped as defined in Section PRP.7.2.010(m), above. (rrr) "Premises" means a dwelling unit and the structure of which it is a part and all facilities and areas connected with it, including grounds, common areas and facilities intended for the use of tenants or the use of which is promised for tenants. (sss) "Presumptive Gang Member" means any person for whom there is any record by any law enforcement agency or court system identifying the individual as meeting any three of the following criteria: (1) The person has admitted to being a gang member; (2) The person is observed to associate with known gang members; (3) The person has gang tattoos to show allegiance; (4) The person wears gang symbols or colors which are associated with a gang; (5) The person is photographed with known gang members or shows other overt signs of gang involvement; (6) The person is recorded and written on gang documents and graffiti; (7) The person is identified by a reliable source (e.g. a teacher, social worker, law enforcement officer) as being a gang member; (8) The person is arrested with gang members; PRP.7.2- (9) The person corresponds with gang members by telephone, mail, email, etc.; and/or (10) The person writes gang symbols and other gang affiliation on notebooks, schoolwork, etc. (ttt) "Publication" means the placement of an advertisement or notice in the newspaper of record for the Housing Authority area. (Newspaper in which legal advertisements are published). (uuu) "Rent" means the monthly calculated payments to be made to the Authority or lessor from a tenant under a lease or rental agreement. (vvv) "Rental Unit" means a leased unit for an initial term, followed by a month-tomonth tenancy. (www) "Residency" means the established proof of continuous occupancy of a residence on or near the reservation for a period of three months. Residency must be established prior to being awarded a unit. The burden is on the applicant to prove residency by employers, utility suppliers, school administrators or present landlord. (xxx) "Single Person" means a person who lives alone and who does not qualify as an elderly family, a displaced person, or the remaining member of a Tenant family. (yyy) "Surcharge" means the amount charged by the Housing Authority to a Tenant, in addition to rent, for consumption of utilities in excess of the allowance for Housing Authority furnished utilities or for estimated consumption attributable to Tenant owned major appliances or to optional functions of Housing Authority furnished equipment. (zzz) "Reservation" or "Reservation Lands" means those lands located within the exterior boundaries of the Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe. (aaaa) "Temporary Absence" means an absence from the home for a period of longer than two (2) weeks with notification to the Housing Authority. (bbbb) "Temporary Relocation Dwelling" means a dwelling that is suitable, decent, safe and sanitary to be used by the resident during the rehabilitation period. The relocation dwelling may not necessarily be comparable to the original dwelling as long as the decent, safe and sanitary requirements are met. (cccc) "Tenant" means the lessee(s), or person(s) entitled under a lease or rental agreement to occupy a dwelling unit or premises to the exclusion of others. PRP.7.2- (dddd) "Tenant Rent" means the amount payable monthly by the family as rent to the Housing Authority. Tenant rent does not include utilities (eeee) "Tribal Court" means the court of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. (ffff) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. (gggg) "Utilities' include electricity, gas, heating fuel (including wood), water, sewage service, septic tank pumping, drain field maintenance and sanitation services. (hhhh) "Utility Costs" means expenses for heat, cooking, lighting, water, and sewer incurred in the reasonable residential use and occupancy of a dwelling. (iiii) "Very Low Income Family" means a lower income family whose annual income does not exceed fifty percent (50%) of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. (Res. No. 2023-157; Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.2.010 was formerly codified as XI LCOTCL §7.201 PRP.7.2- Subchapter PRP.7.3 General Subchapter PRP.7.3 General PRP.7.3.010 Housing Authority ................................... PRP.7.3-Error! Bookmark not defined. PRP.7.3.015 Board of Commissioners.......................... PRP.7.3-Error! Bookmark not defined. PRP.7.3.020 Obligations .............................................. PRP.7.3-Error! Bookmark not defined. PRP.7.3.030 The Executive Director ............................ PRP.7.3-Error! Bookmark not defined. PRP.7.3.040 Miscellaneous ......................................... PRP.7.3-Error! Bookmark not defined. PRP.7.3.050 Cooperation in Connection with Projects. PRP.7.3-Error! Bookmark not defined. PRP.7.3.060 Relation to Federal Law ........................... PRP.7.3-Error! Bookmark not defined. PRP.7.3.010 Housing Authority The Tribal Governing Board hereby establishes and empowers the Lac Courte Oreilles Housing Authority to carry out the intent of this ordinance as further defined herein: (a) The Tribal Governing Board shall appoint a Board of Commissioners who will be responsible for effectuating the Housing Authority Code and the duties as defined in this Chapter. The Board of Commissioners shall act independently of the Tribal Governing Board. (b) The Tribal Governing Board, by formal action, shall appoint a Liaison(s) which shall be appointed to facilitate communication and coordination between the Tribal Governing Board and the Board. The Tribal Governing Board Liaison(s) shall not be considered a member of the Board. (c) There shall be an Executive Director for the Housing Authority with the duties and responsibilities as detailed in the Executive Director job description and detailed in this Chapter. The Executive Director shall report to and take direction from the Board of Commissioners, its offers and the Tribal Governing Board in that order. In the event of a conflict of instruction, the Executive Director may present the issue to the full Tribal Governing Board. (d) The Tribal Governing Board may pursuant to Section TCT.1.3.020 grant a limited waiver of sovereign immunity of the Housing Authority thereby allowing the Housing Authority to be sued in its corporate name, upon any contract, claim or obligation arising out of its activities under this ordinance and thereby authorizes the Housing Authority the option to agree to such a duly issued Tribal Governing Board Resolution to a limited waiver of immunity from suit which it may not otherwise have; but the Tribe expressly does not waive its immunity from suit and shall not be liable for the debts or obligations of the Housing Authority. PRP.7.3- (e) The Housing Authority shall have perpetual succession in its corporate name. (f) The Housing Authority, acting through its Board of Commissioners, shall have the following powers which it may exercise consistent with the purposes for which it has been established: (1) To adopt and use a corporate seal. (2) To enter into agreements, contracts and understandings with any governmental agency, Federal, state, tribal, or local (including the Tribal Governing Board) or with any person, partnership, corporation or Indian tribe; and to agree to any conditions attached to Federal financial assistance. (3) To agree, notwithstanding anything to the contrary contained in this ordinance or in any other provision of law, to any conditions attached to Federal financial assistance relating to the determination of prevailing salaries or wages or payment of not less than prevailing salaries or wages or compliance with labor standards, in the development or operation of projects; and the Authority may include in any contract let in connection with a project stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum salaries or wages and maximum hours of labor and comply with any conditions which the Federal government may have attached to its financial aid to the project. (4) To obligate itself, in any contract with the Federal government for annual contributions to the Housing Authority, to convey to the Federal government possession of or title to the project to which such contract relates, upon the occurrence of a substantial default (as defined in such contract) with respect to the covenants or conditions to which the Housing Authority is subject; and such contract may further provide that in the case of such conveyance, the Federal government may complete, operate, manage, lease, convey or otherwise deal with the project and funds in accordance with the terms of such contract; provided, that the contract requires that, as soon as practicable after the Federal government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the Federal government shall re-convey to the Housing Authority as than constituted. (5) To lease property from the Tribe for such periods as are authorized by law, and to hold and manage or to sublease the same. (6) To borrow or lend money, to issue temporary or long-term evidence of indebtedness and to repay the same. Obligations shall be issued and repaid in accordance with the provisions of Section PRP.7.3.030 of this ordinance. PRP.7.3- (7) To pledge the assets and receipts of the Housing Authority as security for debts; and to acquire, sell, lease, exchange, transfer or assign corporate personal property or interests therein. (8) To purchase land or interests in land or take the same by gift; to lease land or interests in land to the extent provided by law. (9) To undertake and carry out studies and analyses of housing needs, to prepare housing plans, to execute the same, to operate projects and to provide for the construction, reconstruction, improvement, extension, alteration or repair of any project or any part thereof. (10) With respect to any dwellings, accommodations, lands, buildings or facilities embraced within any project (including individual cooperation or condominium unit); to lease or rent, sell, enter into lease-purchase agreements or leases with option to purchase; to establish and revise rents or required monthly payments, to make rules and regulations concerning the selection of tenants or homebuyers, including the establishment of priorities, and concerning the occupancy, rental, care and management of housing units; and to make sure further rules and regulations as may be deemed necessary and desirable to effectuate the powers granted by this ordinance. (11) To finance the purchase of a home by an eligible homebuyer in accordance with regulations and requirements of the Department of Housing and Urban Development (HUD). (12) To terminate any lease or rental agreement or lease-purchase agreement when the tenant or homebuyer has violated the terms of such agreement, or failed to meet any of its obligations thereunder, or when such termination is otherwise authorized under the provisions of such agreement; and to bring action for eviction against such tenant or homebuyer. (13) To establish income limits, as required by HUD, for admission that insures that dwelling accommodations in low income housing projects shall only be made available to eligible persons of low income. (14) To develop projects and policies for the purpose of serving non-low income persons that are deemed ineligible for admission in low income housing projects. (15) To purchase insurance from any stock or mutual company for any property or against any risk or hazards. (16) To invest such funds as are not required for immediate disbursement. PRP.7.3- (17) To establish and maintain such bank accounts as may be necessary or convenient. (g) It is the purpose and intent of this ordinance to authorize the Housing Authority to secure the financial aid or cooperation of the Federal government in the undertaking, construction, maintenance or operation of any project by the Housing Authority. (h) No ordinance or other enactment of the Tribe with respect to the acquisition, operation or disposition of Tribal property shall be applicable to the Housing Authority in its operations pursuant to this ordinance. (i) The Tribal Governing Board does not by the adoption of this ordinance consent to any authorization not accountable to the Tribal Governing Board. (Res. No. 2023-48 §§ 1, 2, 3; Res. No. 2023-19; Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.3.010 was formerly codified as XI LCOTCL §7.301 PRP.7.3.015 Board of Commissioners. (a) Organization. The Board of Commissioners shall be organized in accordance with the following guidelines: (1) The Board of Commissioners shall be composed of seven (7) persons, all whom must be enrolled members of the tribe. In no case shall a sitting Tribal Governing Board member, or an employee of the Housing Authority be appointed as a Board Member. No individual Commissioner, regardless of position, acting alone and without Board of Commissioner approval is empowered or authorized to take any action or make any public statement regarding the Housing Authority or Board of Commissioners' positions on any matter. (2) The Tribal Governing Board shall appoint the Chair of the Board. The Board of Commissioners shall elect from amongst itself a Vice-Chair, and a Secretary. In the absence of the Chair, the Vice-Chair shall preside; and in the absence of both the Chair and the Vice-Chair, the Secretary shall preside if a quorum is met. (3) Any Commissioner may be removed by formal action of the Tribal Governing Board for cause. (4) The Tribal Governing Board will fill Commissioner vacancies as soon as reasonably possible. (5) The Commissioner shall be appointed, and may be reappointed, by the Tribal Governing Board. Formal notification by the Tribal Governing Board as to the PRP.7.3- appointment or reappointment of any Commissioner shall be conclusive evidence of the due and proper appointment. (b) The term of office for each Commissioner shall be two (2) years and staggered, except that in the case of prior vacancy, an appointment shall be only for the length of the unexpired term. Each Commissioner shall hold office until his or her successor has been appointed. All expirations shall occur on September 30th of each year and all appointments shall commence on October 1st of each year. (c) Commissioner shall receive compensation for their services including travel and training expenses incurred in the discharge of their duties. Such compensation rates shall be determined and approved by official action of the Tribal Governing Board. Any travel and training compensation shall be reviewed by the Executive Director for budgetary concerns. (d) A majority of the Commissioners shall constitute a quorum for any regularly scheduled Board meetings. A regularly scheduled meeting with less than a quorum may be held but no action shall be taken. (e) The Secretary shall be responsible for the minutes of regular and special Board meetings. The Secretary shall keep complete and accurate records of all meetings of the Board. (f) Regular meetings of the Board shall be held monthly on the third Wednesday of the month or at a time agreed upon by the Board and the Executive Director. Special meetings may be held at the discretion of the Chair or by request of two Commissioners or the Executive Director. Regular and Special meeting notices must be posted. Special meetings shall be limited to only the stated agenda and no regular business may be conducted. (g) The Chair of the Commissioner in conjunction with the Executive director, shall be responsible for the posting of Notices and Meetings and distribution of Agendas. The Executive Director shall have the duty for scheduling and room reservations for all meetings. (h) The Executive Director shall submit the following reports to the Tribal Governing Board; (1) Monthly Report showing: (A) Summary of the prior month's activities; (B) Financial condition of the Housing Authority; (C) Condition of the properties; (D) Number of units and vacancies; PRP.7.3- (E) Any significant problems and accomplishments; (F) Plans for the future; (G) Such other information as the Executive Director, the Board of Commissioners, or the Tribal Governing Board deems pertinent. (2) Annual Report showing; (A) Summary of the above concerns addressed in the monthly report; (B) Long-term plans and goals for the Authority. (i) The annual Indian Housing Plan (IHP) and related budgets submitted to HUD must be approved by the Tribal Governing Board as well as any other operating budgets of the Housing Authority. (j) The reports, once approved by the Board of Commissioners shall be submitted to the Tribal Governing Board. (Res. No. 2023-157; Res. No. 2023-48 §§ 10, 11, 12, 13, 14, 4, 5, 6, 7, 8, 9; Res. No. 2023-19) PRP.7.3.020 Obligations (a) The Housing Authority may issue obligations from time to time in its discretion for any of its purposes and may also issue refunding obligations for the purpose of paying or retiring obligations previously issued by it. The Housing Authority may issue such types of obligations as it may determine, including obligations on which the principal and interests are payable: (1) Exclusively from the income and revenues of the project financed with the proceeds of such obligations, or with such income and revenues together with a grant from the Federal government in aid of such project; (2) Exclusively from the income and revenues of certain designated projects whether or not they were financed in whole or in part with the proceeds of such obligations; or (3) From its revenues generally. Any of such obligations may be additionally secured by a pledge of any revenues of any project or other property of the Housing Authority. Neither the Board, the Authority, nor any person executing the obligations shall be liable personally on the obligations by reason of issuance thereof. PRP.7.3- (b) The notes and other obligations of the Housing Authority shall not be a debt of the Tribe and the obligations shall so state on their face. (c) Obligations of the Housing Authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes imposed by the Tribe. The tax exemption provisions of this ordinance shall be considered part of the security for the repayment of obligations and shall constitute, by virtue of this ordinance and without necessity of being restated in the obligations, a contract between: (1) the Housing Authority and the Tribe, and (2) the holders of obligations and each of them, including all transferees of the obligations from time to time. (d) Obligations shall be issued and sold in the following manner: (1) Obligations of the Housing Authority shall be authorized by a resolution adopted by the vote of a majority of the Tribal Governing Board and may be issued in one or more series. (2) The obligations shall bear such dates, mature at such times, bear interest at such rates, be in such denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment and at such places, be subject to such terms of redemption, with or without premium, as such resolution may provide. (3) The obligations may be sold at public or private sale at not less than par. (e) Obligations of the Housing Authority shall be fully negotiable. In any suit, action or proceeding involving the validity or enforceability of any obligation of the Housing Authority or the security therefor, any such obligation reciting in substance that it has been issued by the Housing Authority to aid in financing a project pursuant to this ordinance shall be conclusively deemed to have been planned, located and carried out in accordance with the purpose and provisions of this ordinance. (f) In connection with the issuance of obligations or incurring of an obligation, under leases and to secure the payment of such obligations, the Housing Authority, subject to the limitations in this ordinance, may: (1) Pledge all or any part of its gross or net rents, fees or revenues to which its rights then exists or may thereafter come into existence. PRP.7.3- (2) Provide for the powers and duties of obligee and limit their liabilities; and provide the terms and conditions on which such obligees may enforce any covenant or rights securing or relating to the obligations. (3) Covenant against pledging all or any part of its rents, fees and revenues or against mortgaging any or all of its real or personal property to which its title or right then exists or may thereafter come into existence or permitting or suffering any lien on such revenues or property. (4) Covenant with respect to limitations on its right to sell, lease or otherwise dispose of any project or any part thereof. (5) Covenant as to what other or additional debts or obligations may be incurred by it. (6) Covenant as to the obligations to be issued as to the issuance of such obligations in escrow or otherwise, and as to the use and disposition of the proceeds thereof. (7) Provide for the replacement of lost, destroyed or mutilated obligations. (8) Covenant against extending the time for the payment of its obligations or interest thereon. (9) Redeem the obligations and covenant for their redemption and provide the terms and conditions thereof. (10) Covenant concerning the rents and fees to be charged in the operation of a project or projects the amount to be raised each year or other period of time by rents, fees and other revenues, and as to the use and disposition to be made thereof. (11) Create or authorize the creation of special funds for monies held for construction or operating costs, debt service, reserves or other purposes, and covenant as to the use and disposition of the monies held in such funds. (12) Prescribe the procedure, if any, by which the terms of any contract with holders of obligations may be amended or abrogated, the proportion of outstanding obligations the holders of which must consent thereto, and the manner in which such consent may be given. (13) Covenant as to the use, maintenance and replacement of its real or personal property, the insurance to be carried thereon and the use and disposition of insurance monies. PRP.7.3- (14) Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation. (15) Covenant and prescribe as to events of default and terms and conditions upon which any or all of its obligations become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived. (16) Vest in any obligees or any proportion of them the right to enforce the payment of the obligations or any covenants securing or relating to the obligations. (17) Exercise all or any part or combination of the powers granted in this section. (18) Make covenants other than and in addition to the covenants expressly authorized in this section, of like or different character. (19) Make any covenant and do any acts and things necessary or convenient or desirable in order to secure its obligations, or, in the absolute discretion of the Housing Authority, tending to make the obligations more marketable although the covenants acts, or things are not enumerated in this section. (Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.3.020 was formerly codified as XI LCOTCL §7.302 PRP.7.3.030 The Executive Director The Executive Director shall be hired by the Tribal Governing Board and shall have the day-to-day responsibilities and duties for the operation of the Housing Authority. The Executive Director shall work in conjunction with the Board of Commissioners and the Tribal Governing Board on all matters related to the daily operations and strategic operations of the Housing Authority. The Executive Director shall have those powers as stated in this section: (a) The Executive Director Powers and Duties: (1) To hire, terminate, and supervise all Housing Authority staff. This duty shall primarily remain with the Executive Director but shall provide a monthly report to the Board of Commissioners, of which the Board shall review and approve such actions taken by the Executive Director. (2) To advise, develop, and implement, in conjunction with Board of Commissioners to address ongoing housing projects and housing services needs of enrolled members of the tribe and such other persons or entities the Housing Authority may serve. PRP.7.3- (3) To research and develop plans to addressing housing tenants needs/concerns and communicate them to the Board of Commissioners. (4) Assist in the creation and review and provide recommendations on policies governing the activities of the Housing Authority, and other such policies as requested by the Board of Commissioners or the Tribal Governing Board and to implement the same. (5) To develop and implement in conjunction with the Board of Commissioners a Strategic Plan to address ongoing Housing needs for the tribe, focusing on HUD requirements. (6) To review and provide information on the development of the annual Indian Housing Plan and the annual Performance Report. (7) To provide advice as directed by the Tribal Governing Board or requested by the Board of Commissioners on matters relevant to the Housing Authority and the purposes defined in Section PRP.7.3.030(a)(8) of this ordinance. (8) To run the daily operations of the Housing Authority. (b) Advisory Capacity. The Executive Director shall serve in an advisory capacity to the Tribal Governing Board and the Board of Commissioners to promote comprehensive planning, delivery of housing services and evaluation of housing programs. (1) "Advisory Capacity" to the Tribal Governing Board means that the Board of Commissioners shall assist the Tribal Governing Board in understanding the housing projects and housing services needs of members and such other persons or entities the Housing Authority may serve. As with other Tribal Committees, Boards and Commissions the Board of Commissioners do not supervise the Tribal Governing Board on Tribal Housing matters nor is it empowered to require that certain actions be taken or to require or demand that the Tribal Governing Board engage in or approve any particular recommended course of action. The Board of Commissioners shall review but does not have approval authority over all required or requested reports that the Executive Director submits to the Tribal Governing Board. Such duty or authority of review does not extend to reports or portions thereof that may be deemed confidential. The Chairperson or the Secretary of the Board of Commissioners may also be present at all meetings where the Director is expected to present or submit required or requested reports. (2) "Advisory Capacity" to the Board of Commissioners r means that the Executive Director shall assist the Board of Commissioners in understanding the housing and housing project needs of Lac Courte Oreilles Tribal members and such other persons or PRP.7.3- entities as the Housing Authority may serve and in the planning and delivery of those services and evaluation of housing and Department programs. The Executive Director is not authorized to supervise the Board of Commissioners on Tribal Housing matters or to require or demand that the Board of Commissioners engage in or approve any particular recommendation and shall not be involved in Housing Authority personnel matters except upon Tribal Governing Board request and then in only an advisory capacity. (Res. No. 2023-48 §§ 15, 16; Res. No. 2023-19; Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.3.030 was formerly codified as XI LCOTCL §7.303 PRP.7.3.040 Miscellaneous Repealed. (Res. No. 2023-19; Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.3.040 was formerly codified as XI LCOTCL §7.304 PRP.7.3.050 Cooperation in Connection with Projects Repealed. (Res. No. 2023-19; Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.3.050 was formerly codified as XI LCOTCL §7.305 PRP.7.3.060 Relation to Federal Law Repealed. (Res. No. 2023-19; Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.3.060 was formerly codified as XI LCOTCL §7.306 PRP.7.3- Subchapter PRP.7.4 Housing Court Subchapter PRP.7.4 Housing Court PRP.7.4.010 Housing Court Division ............................ PRP.7.4-Error! Bookmark not defined. PRP.7.4.020 Full Faith and Credit ................................ PRP.7.4-Error! Bookmark not defined. PRP.7.4.030 Jurisdiction over Housing Matters ........... PRP.7.4-Error! Bookmark not defined. PRP.7.4.040 Parties..................................................... PRP.7.4-Error! Bookmark not defined. PRP.7.4.050 Discovery ................................................ PRP.7.4-Error! Bookmark not defined. PRP.7.4.060 Informal Disposition ................................ PRP.7.4-Error! Bookmark not defined. PRP.7.4.070 Accelerated Proceedings ......................... PRP.7.4-Error! Bookmark not defined. PRP.7.4.080 Right of Access to Records ....................... PRP.7.4-Error! Bookmark not defined. PRP.7.4.010 Housing Court Division There is hereby established a Housing Court Division of the Lac Courte Oreilles Tribal Court exercising jurisdiction pursuant to this ordinance as follows: (a) The chief judge and any associate judges of the Lac Courte Oreilles Tribal Court shall serve as judges of the Housing Court. Any magistrate of the Tribal Court shall serve as magistrate of the Housing Court with such powers as are provided in Chapter TCT.2 and in this ordinance. (b) All matters under this ordinance shall be filed with the Housing Court. (c) In the event that a Housing proceeding is transferred to the Housing Court from any other Court, the Housing Court shall require conformity with the substantive and procedural law of the Tribe, and shall permit amendment of pleadings and other actions necessary to effect jurisdiction over the matter and for conformity with this ordinance. (d) All hearings in the Housing Court shall be without a jury. All proceedings shall be recorded electronically or verbatim by a licensed court reporter. The Housing Court Division may conduct hearings by telephone and may allow any party or witness to appear by telephone under such procedures as will best protect the rights of all parties. (Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.4.010 was formerly codified as XI LCOTCL §7.401 PRP.7.4- PRP.7.4.020 Full Faith and Credit (a) The Housing Court, Executive Director, and other officials of the tribal government shall grant the public acts, records and judicial proceedings of other entities, applicable to Housing proceedings, full faith and credit to the same extent such entities give full faith and credit to the public acts, records and judicial proceedings of the Tribe. (b) Without limitation to Section PRP.7.4.020(a) above, the Housing Court may, upon filing, accept a case originally brought in another Court. (Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.4.020 was formerly codified as XI LCOTCL §7.402 PRP.7.4.030 Jurisdiction over Housing Matters To ensure the peace, harmony, safety, health and general welfare of Tribal members and those permitted to enter or reside on lands under the purview of the Housing Authority, and the efficient resolution of disputes thereon, the Housing Court shall have jurisdiction over the following: (a) All lands under the purview of the Housing Authority; (b) All buildings which may lie upon lands held under the purview of the Housing Authority; (c) The Housing Authority is the entity that rents, leases or allow persons to occupy housing, dwellings or accommodations for the purpose of human dwelling, occupation, or residence. The Tenant means the lessee(s) or person(s) entitled under a lease or rental agreement to occupy a dwelling unit or premises to the exclusion of others. Tenant includes a person who rents a space for a residential structure and persons residing with that tenant under the terms of the lease or rental agreement. Such personal jurisdiction is extended over the Housing Authority and said Tenants whether or not they are members of the Tribe and whether or not they have a place of business within the Reservation; (d) All contracts, liens, instruments or other agreements to which the Authority is a party; and (e) Any act within the Reservation dealing with the subject matter of this chapter. (Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.4.030 was formerly codified as XI LCOTCL §7.403 PRP.7.4- PRP.7.4.040 Parties (a) In the absence of a specific provision in this ordinance or a court order to the contrary, all Affected Persons, as defined in Section PRP.7.2.010(e) of this ordinance, shall be parties to a Housing Court proceeding. (b) In all proceedings before the Housing Court, the Housing Authority shall represent the interests of the Tribe, which may be through the Executive Director or a designated representative of the Authority. The Executive Director or a designated representative of the Authority may be represented by the Tribal Prosecutor or other Tribal Attorney appointed by the Tribe to represent its interests before the Housing Court. (c) Any party to a proceeding under this ordinance may be represented by an attorney or lay advocate at the party's expense, provided the attorney or lay advocate is admitted to practice before the Tribal Court. (d) Upon a showing of good cause, and if the best interests of the Tribe so indicate, the Housing Court may order, allow, or invite persons other than affected persons to intervene and participate in any or all phases of the proceeding. (Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.4.040 was formerly codified as XI LCOTCL §7.404 PRP.7.4.050 Discovery (a) Copies of all law enforcement reports, relevant to a proceeding under this ordinance, including all officers' memoranda and witness statements, shall be made available by the Tribal Prosecutor, the Housing Authority upon request of a party, or tenant counsel prior to the initial hearing in any matter. (b) All records which are relevant to a proceeding under this ordinance, and which are in the possession of the Housing Authority, shall be open to inspection by tenant counsel upon demand without release, unless privileged, unless release is required by tribal or federal law, or unless the records contain statements given under a promise of confidentiality or contain material the non-disclosure of which is necessary to protect the interests of the Tribe. If any records are not released to a requesting party, the reason shall be given to the party, who may ask the Housing Court to review the denial of the request, in which case the Housing Court may, in its discretion, view the records in camera in order to decide whether to order the records released. Any party not represented by counsel may have access to records upon order of the Housing Court, which may be entered ex parte. Persons entitled to inspect records may obtain copies of them at their expense upon permission of the Housing Authority or the Housing Court. The Housing Court may require counsel or parties PRP.7.4- not to disclose material contained in the records to any other person if the Housing Court reasonably believes such disclosure would be harmful to the Tribe. (Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.4.050 was formerly codified as XI LCOTCL §7.405 PRP.7.4.060 Informal Disposition The Executive Director and affected parties may upon mutual consent petition the Housing Court to institute peacemaking proceedings in any case subject to the provisions of this ordinance. Peacemaking shall occur pursuant to the direction of the Housing Court under rules and procedures established, formally or informally, by the peacemaker or peacemakers appointed by the Tribal Court, provided that at any time that the Executive Director deems it appropriate, proceedings may be instituted under any other Subchapter of this ordinance. (Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.4.060 was formerly codified as XI LCOTCL §7.406 PRP.7.4.070 Accelerated Proceedings Notwithstanding any other provision of this ordinance, the Housing Court may, upon proper notice or waiver of notice, accelerate and combine any of the hearings provided for in this ordinance. The Housing Court may require the accelerated preparation of any required documents or may waive the submission of such documents, except that any document required as a prerequisite to an action may not be waived. (Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.4.070 was formerly codified as XI LCOTCL §7.407 PRP.7.4.080 Right of Access to Records Any party deemed appropriate by the Housing Court, whom has been the subject of a hearing pursuant to this ordinance, has the right, to review all of the Court's files on these matters subject to redaction or the rights of confidentially as required by Tribal or federal law. (Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.4.080 was formerly codified as XI LCOTCL §7.408 PRP.7.4- Subchapter PRP.7.5 Admissions and Occupancy Subchapter PRP.7.5 Admissions and Occupancy PRP.7.5.010 Rules and Regulations ............................. PRP.7.5-Error! Bookmark not defined. PRP.7.5.020 Purpose................................................... PRP.7.5-Error! Bookmark not defined. PRP.7.5.030 Special Rules Pertaining to the LIHTC ....... PRP.7.5-Error! Bookmark not defined. PRP.7.5.040 Application Fraud .................................... PRP.7.5-Error! Bookmark not defined. PRP.7.5.050 ............................................................... PRP.7.5-Error! Bookmark not defined. PRP.7.5.060 Ineligibility for Admission ........................ PRP.7.5-Error! Bookmark not defined. PRP.7.5.070 Dependents ............................................ PRP.7.5-Error! Bookmark not defined. PRP.7.5.080 Application Procedure ............................. PRP.7.5-Error! Bookmark not defined. PRP.7.5.090 Notice to Applicants ................................ PRP.7.5-Error! Bookmark not defined. PRP.7.5.100 Waiting List Eligibility .............................. PRP.7.5-Error! Bookmark not defined. PRP.7.5.110 ............................................................... PRP.7.5-Error! Bookmark not defined. PRP.7.5.120 Waiting List Placement ............................ PRP.7.5-Error! Bookmark not defined. PRP.7.5.130 Unit (Bedroom) Size ................................ PRP.7.5-Error! Bookmark not defined. PRP.7.5.140 Waiting List Updating .............................. PRP.7.5-Error! Bookmark not defined. PRP.7.5.150 Renewal .................................................. PRP.7.5-Error! Bookmark not defined. PRP.7.5.160 Selection Procedure ................................ PRP.7.5-Error! Bookmark not defined. PRP.7.5.170 Pre-Admission Requirements .................. PRP.7.5-Error! Bookmark not defined. PRP.7.5.180 Tenant Financial Obligations and Responsibilities .. PRP.7.5-Error! Bookmark not defined. PRP.7.5.190 Terms and Conditions of Occupancy ........ PRP.7.5-Error! Bookmark not defined. PRP.7.5.200 Compliance ............................................. PRP.7.5-Error! Bookmark not defined. PRP.7.5.210 Post Occupancy ....................................... PRP.7.5-Error! Bookmark not defined. PRP.7.5.010 Rules and Regulations The Housing Authority may develop, promulgate, implement and enforce reasonable policies and rules and regulations regarding the use and occupancy of the premises in addition to those described in this subchapter. (Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.5.010 was formerly codified as XI LCOTCL §7.501 PRP.7.5.020 Purpose The purpose of this subchapter is to govern the eligibility, selection and operation of the rental program of the Housing Authority in conformance with Tribal law, the requirements PRP.7.5- of the Native American Housing and Self-Determination Act of 1996 (NAHASDA), and those regulations established at 24 CFR Part 1000. The Housing Authority may enact more stringent policies and procedures in accordance with providing a safe and healthy environment. All other admissions policies, resolutions, motions and similar actions pertaining to the Housing Authority that are inconsistent with the provisions of this ordinance are hereby repealed unless specifically re-enacted after adoption of this policy. Any ambiguities that may be found during the application of this subchapter will always be interpreted in favor of the Housing Authority's efforts to provide a safe and healthy living environment. (Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.5.020 was formerly codified as XI LCOTCL §7.502 PRP.7.5.030 Special Rules Pertaining to the LIHTC Special rules may apply to resident's applying to reside or currently residing in Low Income Housing Tax Credit Program ("LIHTC"). These units are subject to the requirements of § 42 of the Internal Revenue Code (as amended) and Chapter 5 of the HUD Handbook § 4350.3 (as amended). (Res. No. 18-71; Res. No. 17-46; Res. No. 15-95) Prior Codifications ∗ §PRP.7.5.030 was formerly codified as XI LCOTCL §7.503 PRP.7.5.040 Application Fraud If a family intentionally misrepresents household composition or income at any time in order to avoid the resulting required monthly payment will be required to pay the difference between what was paid and what would have been paid during the period in question. Furthermore, any information provided to the Housing Authority which is subsequently found to be fraudulent or an intentional misrepresentation shall be grounds for immediate termination of the lease and from participation in Housing Authority programs for a period of 5-years and subject to any possible convictions and sanctions HUD. (Res. No. 18-71; Res. No. 17-46; Res. [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Alac_courte_oreilles_chippewa%3A8400cf75e5829055. Public record. Not legal advice.