SOUTHERN UTE INDIAN TRIBAL CODE (2023)
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SOUTHERN UTE INDIAN TRIBAL CODE
TITLE 29
LAND ASSIGNMENT CODE
TABLE OF CONTENTS
ARTICLE 1. GENERAL PROVISIONS...................................................................................................................1
29-1-101.
29-1-102.
29-1-103.
PURPOSES ...........................................................................................................................................1
DEFINITIONS .......................................................................................................................................1
AUTHORITY OF THE DEPARTMENT......................................................................................................3
ARTICLE 2. PROCEDURES FOR OBTAINING ASSIGNMENTS ....................................................................3
29-2-101.
29-2-102.
29-2-103.
29-2-104.
29-2-105.
29-2-106.
29-2-107.
29-2-108.
29-2-109.
TYPES OF ASSIGNMENTS.....................................................................................................................3
ELIGIBILITY FOR ASSIGNMENTS .........................................................................................................3
ASSIGNMENT APPLICATION PROCEDURE ............................................................................................4
DEPARTMENT REVIEW OF APPLICATIONS/NOTICE OF AVAILABILITY/SOLICITATION OF
APPLICATIONS ....................................................................................................................................4
PUBLIC NOTICE ..................................................................................................................................5
OBJECTIONS TO AND COMMENTS ON ASSIGNMENTS...........................................................................6
DEPARTMENT RECOMMENDATION .....................................................................................................6
ISSUANCE OR DENIAL OF ASSIGNMENT ..............................................................................................6
GRANT OF ASSIGNMENT .....................................................................................................................7
ARTICLE 3. ASSIGNMENTS ...................................................................................................................................7
29-3-101.
29-3-102.
29-3-103.
29-3-104.
29-3-105.
29-3-106.
29-3-107.
EFFECT ...............................................................................................................................................7
DURATION ..........................................................................................................................................8
FEES ...................................................................................................................................................8
SIZE AND LOCATION OF ASSIGNMENTS ...............................................................................................8
IMPROVEMENTS UPON ASSIGNMENTS .................................................................................................8
BENEFICIARIES ...................................................................................................................................8
HOMESITE USE ...................................................................................................................................9
ARTICLE 4. DECISION MAKING PROCEDURES ..............................................................................................9
29-4-101.
29-4-102.
29-4-103.
TYPES OF DECISIONS ..........................................................................................................................9
DECISION MAKING PROCESS ..............................................................................................................9
FINALITY OF DECISIONS ................................................................................................................... 10
ARTICLE 5. RESPONSIBILITIES OF ASSIGNEES .......................................................................................... 10
29-5-101.
29-5-102.
29-5-103.
29-5-104.
COMPLIANCE WITH GRANT OF ASSIGNMENT AND LAND ASSIGNMENT CODE .................................. 10
PAYMENT OF CHARGES .................................................................................................................... 10
HOMESITE DEVELOPMENT ................................................................................................................ 10
FARM PLAN ...................................................................................................................................... 10
ARTICLE 6. AMENDMENTS, LEASES, ASSIGNMENTS AND ENCUMBRANCES ................................... 11
29-6-101.
29-6-102.
29-6-103.
29-6-104.
AMENDMENTS .................................................................................................................................. 11
AGRICULTURAL LEASES ................................................................................................................... 11
ASSIGNMENTS .................................................................................................................................. 12
ENCUMBRANCES............................................................................................................................... 12
ARTICLE 7. EXCHANGE OF ASSIGNMENTS ................................................................................................... 12
29-7-101.
EXCHANGE OF ASSIGNMENTS ........................................................................................................... 12
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ARTICLE 8. TERMINATION OF ASSIGNMENTS AND EVICTION PROCEDURES ................................. 12
29-8-101.
29-8-102.
29-8-103.
29-8-104.
29-8-105.
29-8-106.
29-8-107.
29-8-108.
TERMINATION ................................................................................................................................... 12
RELINQUISHMENT OF ASSIGNMENTS ................................................................................................ 12
TERMINATION FOR CAUSE ................................................................................................................ 13
REMOVAL OF PERSONAL PROPERTY ................................................................................................. 14
TREATMENT OF IMPROVEMENTS UPON TERMINATION ..................................................................... 14
POSSESSION ...................................................................................................................................... 15
RIGHTS OF BENEFICIARIES UPON TERMINATION .............................................................................. 15
EVICTION PROCEDURES .................................................................................................................... 16
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TITLE 29
SOUTHERN UTE INDIAN TRIBAL CODE
LAND ASSIGNMENT CODE
Article 1. GENERAL PROVISIONS
29-1-101. Purposes. It is the desire of the Tribal Council to provide an equitable process for
the distribution of tribal land to tribal members who desire to use tribal land within
the Southern Ute Indian Reservation as a homesite or for agricultural purposes.
Additionally, the Tribal Council desires to ensure that tribal member use of tribal land
for agricultural purposes is in accordance with recognized principles of good practice
and prudent management and that reasonable provision be made for the leasing of
agricultural land that is assigned to tribal members in order to maintain the
agricultural use of the land. The purposes of this Land Code, therefore, are to
establish the following:
(1) Procedures pursuant to which tribal members may apply for assignments.
(2) Terms under which tribal members may use tribal land as a homesite or for
agricultural purposes.
(3) Terms and conditions under which an assignment may be leased.
(4) Terms and procedures pursuant to which an assignment may be terminated.
29-1-102. Definitions.
(1)
Adequate sewage disposal system. A system for the disposal of sewage that
will function in compliance with applicable standards, as such may be adopted
by the Tribal Council and/or the Indian Health Service, and will not create a
threat to the public health, a public nuisance or unnecessary pollution to the
environment.
(2)
Agricultural assignment. A tract of tribal land granted to a tribal member for
agricultural use in conformity with a farm plan.
(3)
Agricultural land. Tribal land which has soils capable of growing cultivated
crops either under dryland or irrigated conditions.
(4)
Allottee. An individual Indian who owns land held in trust by the United
States of America.
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(5)
Allotment. Land held in trust by the United States of America for one or more
individual Indians and located within the boundaries of the Reservation.
(6)
Assignee. A tribal member who has been granted an assignment.
(7)
Assignment. A tract of tribal land granted to a tribal member for agricultural
or homesite use in accordance with this Code.
(8)
Beneficiary. For a homesite assignment, the beneficiary is the person who is
the lawful owner of the former assignee’s house on the assignment. For an
agricultural assignment, the beneficiary is the tribal member designated as
beneficiary in the assignment application, the grant of assignment, or by later
designation as provided herein.
(9)
Contingent beneficiary. For an agricultural assignment, the tribal member
designated as such in the assignment application, the grant of assignment, or by
later designation as provided herein, and who will become the beneficiary if the
beneficiary does not survive the assignee, renounces his rights as beneficiary, or
fails to apply for the assignment within the time established herein.
(10) Department. The Department of Natural Resources of the Southern Ute Indian
Tribe.
(11) Farm plan. A plan for operating and developing an assignment of agricultural
land for agricultural purposes for no less than five years.
(12) Grant of assignment. A tribal document granting a tribal member the right to
use tribal land for either a homesite or agricultural purposes.
(13) Grant of assignment violation. Failure of an assignee to comply with any of
the terms of a grant of assignment or this Land Assignment Code.
(14) Homesite assignment. A tract of tribal land granted to a tribal member for
occupancy of a primary residence.
(15) Homesite development plan. A plan for development of a homesite
assignment which includes information required by the department.
(16) Immediate family. Spouses, brothers, sisters, parents, children, step-children,
fathers-in-law, mothers-in-law, sisters-in-law, brothers-in-law, daughters-inlaw, sons-in-law, grandparents, great-grandparents, and grandchildren.
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(17) Improvements. All structures, buildings, fixtures, and fences erected upon or
affixed by an assignee to an assignment.
(18) Operational partnership. A group of immediate family members managing
or operating an assignment pursuant to an approved farm plan.
(19) Reservation. The Southern Ute Indian Reservation.
(20) Relinquishment. A term used when an assignee gives up to the Tribe his/her
right to an assignment.
(21) Single family dwelling. A free-standing dwelling intended for occupancy by
an individual or family.
(22) Tribal Council. The Southern Ute Indian Tribal Council.
(23) Tribal member. An individual listed on the official membership roll of the
Southern Ute Indian Tribe.
(24) Tribal land. Land owned in trust by the United States for the benefit of the
Tribe and land owned in fee simple status by the Tribe and located within the
exterior boundaries of the Reservation.
(25) Tribe. The Southern Ute Indian Tribe.
29-1-103. Authority of the Department.
(1)
The department is responsible for the implementation, administration and
enforcement of this Land Assignment Code.
(2)
At a minimum, the department shall perform an annual assignment compliance
check on every assignment, notify the assignee of any deficiencies, and take
appropriate action pursuant to this Land Assignment Code in the event of noncompliance.
Article 2. PROCEDURES FOR OBTAINING ASSIGNMENTS
29-2-101. Types of Assignments. An assignment may be granted either for use as a homesite or
for agricultural use.
29-2-102. Eligibility for Assignments.
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(1)
Any individual tribal member 18 years of age or older, unless judicially
determined to be incompetent, is eligible to apply for an assignment regardless
of sex or marital status.
(2)
Any tribal member who, because of age or physical disability, is physically
unable to farm but who is able to manage a farming enterprise, is eligible to
apply for an assignment.
(3)
Neither associations of tribal members nor tribal enterprises are eligible to
apply for an assignment.
(4)
A tribal member may hold only one assignment for use as a homesite at a time,
unless a second homesite is applied for to establish a new residence and the
tribal member agrees, in writing, to relinquish the currently held assignment
upon completion of the new residence.
29-2-103. Assignment Application Procedure.
(1)
A tribal member must apply for an assignment on forms approved by the Tribal
Council. The application form must include the following statements:
The Tribe encourages applicants for an agricultural assignment to name a
beneficiary in this application for assignment, the grant of assignment, or a
change of beneficiary form. Failure to name a beneficiary of an agricultural
assignment may result in the land being made available to members of the
Tribe.
The beneficiary of a homesite assignment is the person who is the lawful owner
of the former assignee’s house on the assignment.
(2)
The completed application shall be returned to the department.
(3)
Each application for an assignment of agricultural land shall be accompanied by
a farm plan setting forth the applicant’s program for the operation and
development of the assigned premises. Each application for a homesite
assignment shall be accompanied by a homesite development plan.
29-2-104. Department Review of Applications/Notice of Availability/Solicitation of
Applications.
(1)
The department will review:
(a) The adequacy of the application for assignment;
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(b) The eligibility of the applicant; and
(c) The availability of the land for which the application was submitted.
(2)
If any application, homesite development plan, or farm plan is determined to be
deficient, the applicant will be notified of the deficiencies and the application,
homesite development plan, or farm plan will be returned to the applicant for
additional development before the request is processed.
(3)
If, after review by the department, the land is determined to be unavailable for
assignment, the applicant will be notified. If the land is determined to be
available for assignment, the department shall publish and post notice of
availability for a period of not less than 45 days as may be required by 29-2105.
29-2-105. Public Notice.
(1)
Except as otherwise provided herein, the department shall publish and post
notice of land available for assignment or post notice of a proposed assignment
for comment and objection. The notice shall include the applicant’s name, a
description of the property for which an application for assignment may be filed
and a description of the use to be made of the land, and contain a summary of
the comment and objection provisions of this Land Assignment Code. This
notice shall also be posted at the Tribal Affairs Building and at two other
locations of public prominence within the Reservation for at least 45 days,
including the Southern Ute Drum.
(2)
A public notice of available land for assignment is not required under the
following circumstances:
(a) Where a homeowner applies for an assignment or homesite lease when
purchasing a home or paying off a mortgage for a home located on tribal
land.
(b) Where assignees exchange assignments as provided in Article 7 herein.
(c) Where a relinquishment of an assignment is conditioned upon the approval
of an assignment application from an immediate family member of the
person seeking the relinquishment as provided in 29-8-102.
(d) Where a beneficiary applies for the land within the 6-month option period
as provided in 29-8-107.
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(e) Under such other circumstances as the Tribal Council deems necessary to
prevent manifest injustice given the circumstances of the tribal member
and the purposes of the Land Assignment Code.
29-2-106. Objections to and Comments on Assignments.
(1)
Within the 45-day posting period described above, any tribal member may file
with the department a written objection or written comments on the land
assignment.
(2)
An objection shall include the name and mailing address of the party objecting,
a description of the assignment objected to, a short and plain statement of
reasons why the land should not be assigned or should be assigned only in a
modified form, and any suggested conditions which should be included in the
grant of assignment.
29-2-107. Department Recommendation. The department shall furnish a recommendation to
the Tribal Council, together with all comments and objections, after the end of the 45day posting and comment period. The department shall mail written notice of its
recommendation to the applicant and any objector and commenter, and notify them of
the date and time the Tribal Council will review the recommendation.
29-2-108. Issuance or Denial of Assignment. After review of the department’s recommendation,
objections, comments and information gathered with respect to the assignment, the
Tribal Council shall grant, deny, or partially grant or deny the assignment applied for,
taking into consideration the following:
(1)
The amount of allotment(s) and fee lands held by the applicant.
(2)
The size and number of assignments held by the applicant and the history of the
applicant’s compliance with grants of assignment.
(3)
The size and number of leases of tribal land held by the applicant and the
history of the applicant’s compliance with such leases.
(4)
The adequacy of the applicant’s farm plan or homesite development plan.
(5)
Whether the applicant is willing to modify his farm plan or homesite
development plan to incorporate suggestions from the department.
(6)
Amount of acreage available for assignment and number of potential assignees.
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(7)
Any other relevant factor.
A decision by the Tribal Council regarding an application for an assignment is final
and not subject to judicial review.
29-2-109. Grant of Assignment.
(1)
After approval of an assignment application by the Tribal Council, the assignee
shall review and sign a grant of assignment.
(2)
The grant of assignment shall be in a form approved by the Tribal Council and
shall include conditions to further the policies of this Land Assignment Code,
which shall include the following:
(a) Rights-of-Way. The Tribe retains the right to consent to grants of rightsof-way (or, if authorized by federal law, to grant rights-of-way) across an
assignment after notification to the assignee and subject to applicable
federal law and applicable tribal law and policies established by the Tribal
Council, including any policy for the payment to assignees for damages to
crops and improvements. An assignee’s consent is not required for
granting a right-of-way.
(b) Retained Rights. The Tribe retains all mineral rights, including but not
limited to the rights related to the mining of gravel and soil products from
assignments, all rights to control the harvest and sale of timber, including
the cutting of timber for firewood and posts, and all fishing, hunting and
recreation rights to assignments, except for privately stocked fish ponds.
Article 3. ASSIGNMENTS
29-3-101. Effect.
(1)
An assignment constitutes authorization from the Tribe to a tribal member to
use tribal land in accordance with the terms and conditions of the grant of
assignment and this Land Assignment Code.
(2)
An assignment is personal in nature and not transferable. An assignee entering
into operational partnership with one or more members of the assignee’s
immediate family will not be considered as transferring the assignment.
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29-3-102. Duration. Unless earlier terminated pursuant to the terms of the grant of assignment
or this Land Assignment Code, assignments shall be valid for the life of the assignee.
29-3-103. Fees. If the assignee fails to pay any required fees relating to the assignment the Tribal
Council may collect the delinquency in accordance with Article 4 of Title 1 of the
Southern Ute Indian Tribal Code (Collection of Debts Owed to the Southern Ute Indian
Tribe and Protection of Financial Resources), as presently constituted or as it may be
hereafter amended.
29-3-104. Size and location of assignments.
(1)
The size of homesite assignments shall be no less than is necessary for an
adequate sewage disposal system but not more than five acres unless a larger
size is allowed by the Tribal Council.
(2)
The size for assignments of agricultural land shall be determined by the Tribal
Council on a case by case basis after considering the recommendation of the
department.
(3)
Whenever possible, homesites shall not be located on irrigable agricultural
land.
29-3-105. Improvements upon assignments.
(1)
Improvements that are described in an approved assignment application,
homesite development plan, or farm plan can be made without additional
department consent. Assignees shall make other improvements only with the
prior written consent of the department. The department’s review and approval
of proposed improvements shall be limited to determining whether the
proposed improvements will be within the assignment boundaries, obtaining the
reviews, assessments, and clearances required by tribal law and policies (e.g.,
cultural resources review, archaeological clearance and threatened and
endangered species survey and biological assessment).
(2)
Improvements shall be constructed in accordance with generally accepted
professional standards. All residential buildings shall be constructed in
accordance with the standards set forth in the most recent version of the
International Residential Code, with any exceptions only as authorized by the
Director of the Tribe’s Housing Department; provided, however, that the
department shall not be responsible for ensuring such compliance.
29-3-106. Beneficiaries.
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(1)
For a homesite assignment, the beneficiary is the person who is the lawful
owner of the former assignee’s house on the assignment.
(2)
For an agricultural assignment, an assignee may designate a beneficiary and
may designate a contingent beneficiary in the assignment application, grant of
assignment, or a change of beneficiary form. Failure to name an agricultural
assignment beneficiary may result in the land being made available to members
of the Tribe.
(3)
The department shall be responsible for ensuring that notice is provided to
applicants for assignments and existing assignees (1) that, notwithstanding any
provision of tribal law to the contrary and notwithstanding any previous
assignment beneficiary designation, for a homesite assignment, the beneficiary
is the person who is the lawful owner of the former assignee’s house on the
assignment and (2) of the effect of designating a beneficiary and contingent
beneficiary for an agricultural assignment.
29-3-107. Homesite Use. No homesite may serve as the primary residence for more than three
families without written approval of the Tribal Council.
Article 4. DECISION MAKING PROCEDURES
29-4-101. Types of Decisions.
(1)
Unless otherwise provided herein, all department and Tribal Council decisions
pursuant to this Land Assignment Code, including decisions regarding the
following, shall be made in accordance with the procedures contained in this
article: exercise/non-exercise of option to purchase improvements;
approval/non-approval of improvements, amendments to grant of assignment,
changes to homesite development plans and farm plans, leases, and exchanges.
(2)
Decisions of the department made pursuant to this Land Assignment Code may
be appealed to the Tribal Council, provided that every effort has been made to
resolve the issue with the department.
29-4-102. Decision Making Process.
(1)
Upon receipt of a completed application, on the forms approved by the Tribal
Council, or written request where no such forms have been approved, the
department will review the application or request and, if necessary, furnish a
recommendation to the Tribal Council. The department’s review of
applications for assignments shall be conducted in accordance with the
procedures outlined in Article 2.
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(2)
The department shall notify the applicant of the department’s recommendation
and the date and time the Tribal Council will review the recommendation. The
applicant may appear and be heard before the Tribal Council.
(3)
After review of the department’s recommendation and consideration of any
other relevant information, the Tribal Council shall grant, deny, or partially
grant or deny, the application or request.
29-4-103. Finality of Decisions. A decision by the Tribal Council made pursuant to this Land
Assignment Code is final and not subject to judicial review.
Article 5. RESPONSIBILITIES OF ASSIGNEES
29-5-101. Compliance with Grant of Assignment and Land Assignment Code. The assignee
shall be responsible for complying with the terms and conditions of the grant of
assignment and this Land Assignment Code.
29-5-102. Payment of Charges. The assignee shall be responsible for paying any irrigation
system operation and maintenance and other charges; deposits and costs associated
with new and existing utility service, including telephone, gas, electricity, and water;
and other fees, charges, or assessments for the assignment including, for example, any
costs incurred for removal of debris or rubbish or other clean-up necessary upon
relinquishment. If the assignee fails to pay any of those charges and those charges are
paid by the Tribe, the Tribe may collect the delinquency in accordance with Article 4
of Title 1 of the Southern Ute Indian Tribal Code (Collection of Debts Owed to the
Southern Ute Indian Tribe and Protection of Financial Resources), as presently
constituted or as it may be hereafter amended.
29-5-103. Homesite Development.
(1)
The assignee shall comply with the approved homesite development plan
within two years following execution of the grant of assignment, unless
otherwise agreed in writing by the department.
(2)
The assignee shall obtain written approval by the department for any changes to
the homesite development plan before any changes are implemented, and shall
revise the homesite development plans when changes are deemed necessary by
the department.
29-5-104. Farm Plan.
(1)
The assignee shall comply with the approved farm plan and shall obtain written
approval from the department for any major changes to the farm plan before
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any such changes are implemented. Major changes to the farm plan include, but
are not limited to, changing crops (i.e., illegal crops), adding or removing
infrastructure (e.g., fences, irrigation equipment, electrical systems, corrals,
barns, ditches, ponds, roads, greenhouses), grazing livestock not included in the
farm plan, increasing stocking rates or grazing duration, tilling areas not
previously tilled, excavating, leasing, or any other activities not identified in the
farm plan (e.g., use of the land for camp grounds or events). The assignee shall
update the farm plan every 5 years and revise the farm plan when major
changes are deemed necessary by the department.
(2)
In carrying out the approved farm plan, the assignee may be required to follow
recommendations received from the department.
Article 6. AMENDMENTS, LEASES, ASSIGNMENTS AND ENCUMBRANCES
29-6-101. Amendments. The grant of assignment may not be amended except by written
approval of the Tribal Council.
29-6-102. Agricultural Leases.
(1)
The grant of assignment may contain a provision authorizing the assignee to
lease an agricultural assignment, in whole or in part, without further Tribal
Council approval, upon one of the following conditions occurring; provided,
however, the signature of the Tribe’s Chairman shall be required on all leases
and the lease must be approved in accordance with federal law:
(a) the assignee, or the assignee’s family member who operates an
agricultural assignment, being called into military service;
(b) the assignee being enrolled in a full-time educational course of study;
(c) the assignee becoming physically or mentally disabled; or
(d) with the consent of the Tribal Council for other good cause shown.
Leases so made shall not serve to relieve the assignee from any liability.
Unless the grant of assignment contains such a provision, an assignee may not
lease any portion of an agricultural assignment without the prior written consent
of the Tribal Council and compliance with applicable federal law.
(2)
All assignment leases shall be made in accordance with applicable federal
regulations and tribal policies and procedures. No assignment lease may
include provisions that are inconsistent with the grant of assignment.
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(3)
Assignees shall give preference to tribal members in any leasing of agricultural
assignments.
(4)
Payments for the lease of an assignment may be divided between the assignee
and the Tribe in accordance with the tribal assignment leasing procedure
approved by the Tribal Council.
(5)
The Tribal Council will determine the term of a lease at the time permission is
given for the lease.
29-6-103. Assignments. An assignee may not assign an assignment without the prior written
consent of the Tribal Council.
29-6-104. Encumbrances. An assignee may not encumber an assignment without the prior
written approval of the Tribal Council and compliance with applicable tribal law, and
without compliance with applicable federal law, including, if required, Secretarial
approval.
Article 7. EXCHANGE OF ASSIGNMENTS
29-7-101. Exchange of Assignments. An assignee may request an exchange of assignments only
if all interested parties join in an application for exchange and agree to relinquish that
portion of their present assignments subject to the exchange, with the understanding
that if the exchange is not approved by Tribal Council any agreement for
relinquishment is void. The application for exchange shall be filed with the department.
Article 8. TERMINATION OF ASSIGNMENTS AND EVICTION PROCEDURES
29-8-101. Termination. An assignment may be terminated in the following ways:
(1)
Relinquishment by the assignee.
(2)
Revocation by the Tribal Council upon a determination that revocation is in the
best interest of the Tribe.
(3)
Death of the assignee.
(4)
Termination for cause as provided below.
29-8-102. Relinquishment of Assignments.
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(1)
An assignee who desires to relinquish an assignment to the Tribe shall provide
the department with written notice of relinquishment.
(2)
Upon receipt of a notice of relinquishment, the department shall confirm
whether the assignee is in compliance with all grant of assignment terms and
shall present to the Tribal Council a copy of said notice and a summary of the
department’s findings regarding the assignee’s compliance with the grant of
assignment.
(3)
Relinquishment shall not relieve the assignee of liability for grant of assignment
violations or any unpaid charges that may be due.
(4)
The effective date of a relinquishment by an assignee shall be the date the
notice of relinquishment is received by the department, unless the assignee
seeks to relinquish only a portion of the assignment or is relinquishing the
assignment so that it can be re-assigned to a specific individual (e.g. a family
member or relative). In these situations, the partial or conditional
relinquishment shall not become effective until approved by the Tribal Council,
provided, however, partial relinquishments are allowable as part of an
application for the exchange of assignments.
(5)
An assignee’s relinquishment of an assignment will not prejudice the assignee’s
ability to obtain another assignment upon proper application, provided the
assignee was in compliance at the time the assignment was relinquished or any
non-compliance issues existing at that time have subsequently been resolved.
(6)
Land available for assignment as a result of relinquishment shall be processed
in accordance with the procedures contained in this Land Assignment Code,
including the public notice, comments and objections procedures, except that,
in cases where a relinquishment is conditioned upon the approval of an
assignment application from an immediate family member of the person
seeking the relinquishment, public notice of the availability of the land is not
required. Where a relinquishment is conditioned upon approval of an
assignment application to a non-immediate family member, public notice of the
proposed assignment is required, unless the house is being purchased.
29-8-103. Termination for Cause.
(1)
Upon discovery of a grant of assignment violation, the department shall provide
the assignee with a written notice, by certified mail or hand delivery, setting
forth in detail the nature of the violation and allowing the assignee 30 days
from the date of receipt of notice within which to take action to correct the
violation. If within the 30-day period, it is determined that additional time is
reasonably required for the assignee to correct a violation and the assignee
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agrees to take the necessary corrective measures, the assignee may be given
reasonable additional time to comply.
(2)
If the assignee fails within the 30-day period or the additional reasonable time
given to correct the violation, the department shall provide the assignee with a
second written notice, by certified mail or hand delivery, setting forth in detail
the nature of the violation and allowing the assignee 30 days from the date of
receipt of the second notice in which to appear before the Tribal Council to
show cause why the assignment should not be terminated.
(3)
If the assignee fails to appear before the Tribal Council, or appears but does not
furnish reasons satisfactory to the Tribal Council why the assignment should
not be terminated, the assignee shall forthwith be notified in writing, by
certified mail or hand delivery, of the assignment’s termination via the
termination of assignment form and demand shall be made for payment of all
obligations and that the assignee vacate the assignment.
(4)
Notwithstanding the termination of an assignment, the Tribe may enforce its
rights under the grant of assignment and this code by use of any other remedy
available at law or in equity, including an action for damages.
29-8-104. Removal of Personal Property.
(1)
Upon termination of an assignment, the assignee shall remove all personal
property from the assignment within 120 days after the date of termination.
(2)
Personal property not removed within 120 days following the date of the
termination may, in the Tribal Council’s sole discretion, after receiving the
recommendation of the department, be deemed abandoned and become the
property of the Tribe or be removed and disposed of at the cost and for the
account of the assignee.
29-8-105. Treatment of Improvements Upon Termination.
(1)
Upon termination of an assignment, the Tribe shall have an option, but no
obligation, to purchase all improvements. In the event the assignee desires to
sell improvements, the assignee shall first offer the improvements to the Tribe.
Unless otherwise agreed, the purchase price at which the Tribe may exercise its
option shall be the value of the improvements as determined by an independent
appraiser, selected by mutual agreement of the assignee and the department,
with half the cost of the appraisal being paid by the Tribe and half by the
assignee. Should the assignee or the department be dissatisfied with the result
of the appraisal, a second appraisal may be obtained at the expense of the
dissatisfied party. In the event a second appraisal has been obtained, the
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purchase price shall be an amount determined by the Tribal Council but in no
event less than the average of the two appraised values. Any proceeds accruing
to an assignee from the Tribe’s payment for improvements may be reduced by
any amounts owed to the Tribe for any assignment-related charges or expenses
owed the Tribe.
(2)
If the Tribe has waived its purchase option, the assignee may sell the
improvements. If the improvements are sold to an individual who does not
subsequently receive the assignment, the improvements shall be removed from
the assignment within 120 days following the date of the termination of the
assignment. An extension of this period may be granted if the Tribal Council
determines that circumstances so warrant, after receiving the recommendation
of the department.
(3)
If not sold, the assignee shall dispose of improvements without expense to the
Tribe by removing the improvements within 120 days following the date of the
termination of the assignment. An extension of this period may be granted if
the Tribal Council determines that circumstances so warrant, after receiving the
recommendation of the department.
(4)
Improvements not sold to the Tribe or removed within 120 days following the
date of the termination of the assignment may, in the Tribal Council’s sole
discretion after receiving the recommendation of the department, be deemed
abandoned and become the property of the Tribe or be removed and disposed of
at the cost and for the account of the assignee.
29-8-106. Possession. Upon termination of an assignment, the assignee shall peaceably surrender
possession of the assignment to the Tribe within the time allowed for the removal of
personal property and improvements as provided herein. An extension of this period
may be granted if the Tribal Council determines that circumstances so warrant, after
receiving the recommendation of the department.
29-8-107. Rights of Beneficiaries Upon Termination.
(1)
For a homesite assignment, upon the death of an assignee, if the person who is
the lawful owner of the house is a tribal member, the Tribal Council will give
the owner first option to apply for a new assignment or, if that person is not a
tribal member, the Tribal Council will give the owner first option to apply for a
lease.
(2)
Upon the death of a homesite or agricultural assignment assignee, a tribal
member beneficiary shall have the option to apply for the former assignment
before that land is advertised as available to other tribal members. To exercise
the option, the beneficiary must be eligible to receive an assignment and
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otherwise comply with the procedures for obtaining an assignment as set forth
herein. Upon the death of a homesite assignment assignee, if the person who is
the lawful owner of the house is not a tribal member, the non-tribal member
owner shall have the option to apply for a lease from the Tribe for the land
before the land is leased to someone else or re-assigned to another tribal
member. It shall be the responsibility of the department to provide written
notice to the beneficiary, by certified mail or hand delivery, of the death of the
assignee and the right of the beneficiary to apply for the former assignment or
renounce the right to apply for the former assignment. The option of the
beneficiary to apply for the assignment, or apply for a lease for the land, shall
commence upon receipt of notice from the department and expire 6 months
thereafter.
(3)
If a beneficiary applies for the land within the 6-month option period, then the
application shall not be subject to the public notice and objections requirements
of the assignment application process. If a beneficiary does not apply for the
land, the department will determine whether the land is available and follow the
requirements of this code as set forth in Section 29-2-104.
(4)
The department shall establish policies and procedures, subject to the approval
of the Tribal Council, addressing the rights of minor beneficiaries.
(5)
Nothing in this Land Assignment Code obligates the Tribal Council to grant a
beneficiary’s application for assignment or application for a lease for the land.
29-8-108. Eviction Procedures. Any and all actions to evict a defaulted assignee or other
individuals from an assignment shall be commenced and maintained pursuant to
Section 15-2-104 of the Tribe’s Secured Transactions Code and other applicable
provisions of the Tribal Code, as presently constituted or as they may be amended.
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TITLE 29
LAND ASSIGNMENT CODE
History and Amendments1
The Southern Ute Indian Tribal Land Ordinance No. V adopted by Tribal Resolution 699 on
March 30, 1955, approved by the Bureau of Indian Affairs on April 8, 1955.
Tribal Council adopted the Land Code, Ordinance No. 17, by Resolution 2434-A on April 16,
1963.
Section 5 of the Land Code amended by Resolution No. 81-110 on November 3, 1981.
Resolution 2018-116 repealed and replaced prior versions of the Land Assignment Code on July
10, 2018, approved by the Bureau of Indian Affairs on August 6, 2018.
Resolution No. 2021-151 repealed and replaced the Title 29 – Land Assignment Code with a
reformatted code for online publication that contained only minor technical corrections, no
substantive revisions, that the Bureau of Indian Affairs concurred it did not need to formally
approve (April 25, 2023).
Resolution No. 2023-079 authorized on-line publication of the 2021-151 reformatted Land Assignment
Code and provided an effective date of May 25, 2023.
1
This page does not constitute an official part of any code. Information contained on this page is solely for
informational and historical purposes and is from sources deemed reliable.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.