Section PRP.01.15 — Revocation, Modification Or Cancellation Of Land Assignment

(a) Revocation. In the event a grantee fails to comply with the terms of the Grant and applicable laws in relation to the land assignment, it shall be deemed a noncompliance. The grantee shall be considered to be in breach of the grant and it may be subject to revocation consistent with the following process.

(1) Initiation of Revocation Process. A grantee will typically have an opportunity to cure a breach, but this step may be skipped in the event of an egregious noncompliance.

(A) When the Tribe becomes aware of a noncompliance by a grantee, tribal staff shall send a letter to the grantee notifying him/her of the noncompliance and providing an opportunity to cure the noncompliance.

(B) In the event the noncompliance is believed to rise to the level of being an egregious noncompliance, then the matter shall be referred to the Land and Enrollment Department to have the grantee's file forwarded to the Land Committee for consideration of revocation.

(2) Land Committee.

(A) The Land Committee shall review the matter and make a recommendation on whether the Tribal Council should revoke the land assignment or take some other action, if appropriate.

(B) The Land and Enrollment Department shall prepare a letter, for signature by a member of the Land Committee, documenting the Land Committee's recommendation on the issue.

(C) The signed letter with the Land Committee's recommendation shall be served on the grantee with a copy also sent to the Tribal Council Secretary. The letter shall contain the following information:

(i) The letter shall identify the noncompliance.

(ii) The letter shall identify the Land Committee's recommendation.

(iii) The letter shall notify the grantee that he/she has thirty (30) days to file a request with the Tribal Council Secretary for an opportunity to appear before the Tribal Council and present evidence why the land assignment should not be revoked.

(3) Tribal Council.

(A) After thirty (30) days, the Tribal Council Secretary shall place the Land Committee's recommendation on open agenda for a Tribal Council meeting.

(i) If the grantee has made a timely request to appear before the Tribal Council, the Secretary shall work with the grantee on scheduling when the recommendation will be put on the agenda of a Council meeting so that the grantee has an opportunity to be heard.

(ii) If the grantee has not submitted a request to appear, then the recommendation will be put on the next regularly scheduled Council meeting.

(iii) The Secretary shall notify the Land and Enrollment Department when the issue will be on the agenda so that the Land Committee and/or tribal staff can be present.

(B) The Tribal Council will consider the Land Committee's recommendation including any supporting materials from tribal staff or interested parties, and any evidence from the grantee on why the land assignment should not be revoked.

(C) The Tribal Council shall act by motion on the recommendation.

(4) Tribal Secretary. The Tribal Secretary will send a letter documenting the Tribal Council's decision to the grantee, with a copy provided to the Land and Enrollment Department.

(5) Effect of Revocation. If the Tribal Council revokes the land assignment, the revocation shall be effective upon the date of the Tribal Council's motion.

(A) The former grantee shall have up to thirty (30) days to vacate and remove their personal property from the land assignment.

(B) Personal property that has not been removed from the land assignment within this time will be deemed abandoned and disposed of by the Tribe.

(C) If the land assignment contains a house, then the Tribe shall act as receiver and hold the house until it is sold or disposed of consistent with the following requirements.

(i) The Tribe shall attempt to sell the property by public sale for a bona fide cash offer to be paid within forty-five (45) days of the public sale.

(ii) If no offer is accepted at the public sale, then the Tribe may sell the house by private sale.

(iii) The proceeds from any such public or private sale shall be first used to satisfy any secured loan owed on the house, then any indebtedness owed to the Tribe based on land assignment noncompliance(s) and any remainder shall be paid to the former grantee.

(iv) In the event that there is no public or private sale, then the property maybe disposed of by the Tribe and the former grantee shall have no interest in the proceeds.

(b) Modification.

(1) The Tribal Council may modify the size of a land assignment, but the size shall not exceed 5 acres, with the consent of the grantee.

(2) The Tribal Council may modify a land assignment without the consent of the grantee when necessary for public purposes or in order to resolve disputes between grantees.

(c) Cancellation. In the event that the Tribal Council determines that a land assignment was granted in error, it may be cancelled by action of the Tribal Council. The tribal member shall have up to 60 days to vacate the land assignment from the date of the cancellation.