Section PRP.01.06 — Grants Of Land Assignments

(a) The Tribe issues a Grant to assign rights of use in a specific land assignment to a grantee.

(1) A Grant does not assign a right of exclusive use to a land assignment; however, grantees do have a zone of privacy in the area around the buildings on their land assignments. The zone of privacy encompasses the area around the buildings on a land assignment, but shall not exceed the 300-foot setback for development established under Chapter PRP.02.

(2) A grantee's use rights do not supersede the Tribe's right to manage the land and its resources.

(b) Grants are hereby acknowledged to be a valid contract between the Tribe and the Grantee.

(c) Land assignments granted prior to the effective date of this ordinance are hereby reaffirmed and re-acknowledged as valid contracts between the Tribe and Grantee.

(d) Land assignments granted between July 2, 2002 and July 15, 2014 shall be identified as either residential or recreational assignments. Residential land assignments shall only be issued for areas where development is permitted in conformance with Chapter PRP.02, the Land Use Code.

(e) As of July 15, 2014, the Tribe shall no longer issues grants for recreational land assignments. Grantees who hold recreational land assignments may continue to hold those assignments; however, such assignments will not be reassigned if relinquished, revoked or upon the death of the grantee.

(f) As of July 15, 2014, grants shall only be issued in areas where development is permitted in conformance with Chapter PRP.02, the Land Use Code.

(g) Recreational assignments are not authorized to be places of residence for the grantee and no grantee may construct or maintain a dwelling on a recreational assignment. Examples of authorized recreational uses include camping and picnicking.

(1) Recreational assignments are only available in areas with commercial forest or multi-purpose designations as defined in Chapter PRP.02, the Land Use Code. The Tribe shall not grant a recreational assignment in areas that are identified for residential development.

(2) Recreational assignments shall not be used to circumvent other provisions of Tribal law.

(3) Grantees shall not build permanent structures on recreational assignments.

(4) Recreational assignments shall not have electricity unless electricity can be obtained from an existing electric line within 50 feet or less.

(5) New wells and new septic are not permitted on recreational assignments.

(h) Business/commercial uses of land are covered by individual leases and/or other applicable contracts with Tribal Council. The Tribe does not authorize the use of tribal land for a business/commercial use through a grant, except that home businesses are allowed in accordance with Chapter PRP.02.

(i) The Tribal Council reserves the right to revoke all or a portion of a grant or to authorize easements or rights-of-way across a land assignment, if such actions are necessary for public purposes.