Section PRP.01.08 — Grounds For Tribal Council To Issue A Grant

(a) When a land assignment becomes available for assignment or re-assignment, the Land Committee will review the file and any applications and make a recommendation to the Tribal Council on who should receive a grant for the land assignment. The Tribal Council makes the final decision on who receives the grant.

(b) When a grantee executes paperwork to relinquish their land assignment to an eligible tribal member and that tribal member applies for the land assignment, the Land Committee and Tribal Council will give great weight to the tribal members' wishes in making their decision.

(c) When a grantee dies and has identified an eligible beneficiary for his/her land assignment, particularly for residential land assignments that contain improvements, the Land Committee and Tribal Council will give great weight to the tribal member's wishes in relation to the named beneficiary in making their decision to reassign the land assignment.

(d) New land assignments or assignments that have reverted back to the Tribe for reassignment shall be granted on the basis of need.

(1) The following factors are considered when assessing an individual's need:

(A) whether the tribal member owns or has an accepted offer to purchase an existing house on the land assignment;

(B) whether the applicant intends to use the land assignment as his/her primary residence within the next two (2) years;

(C) whether the land assignment had previously been held by the applicant's relatives;

(D) whether the applicant had a previous land assignment revoked by the Tribe;

(E) the timing of when the tribal member submitted their application in relation to other applicants; and

(F) other similar factors.

(2) When a land assignment becomes available for assignment and the Land Committee has authorized that it be posted as being available, Land and Enrollment Department staff will advertise the availability of the land assignment for at least 30 days in the tribal newspaper, tribal posting places and on the tribal website, and accept applications for the land assignment.

(3) The Land Committee shall assess the applications on the basis of need and provide the Tribal Council with a recommendation on the granting of the land assignment.