CHAPTER 33-2
DEFINITIONS

33-2-1 Definitions.

As used in this title, the terms set forth below shall have the following meanings:

(A)    Assignment. An agreement between a Lessee and an assignee whereby the assignee acquires all or some of the Lessee’s rights and assumes all or some the Lessee’s obligations under a residential lease.

(B)    Best Interest of the Nation. The balancing of interests in order to attain sufficient housing, preserve and enhance the value of Nation’s Trust Land, increase housing supply on the Nation’s Trust Land, and preserve the sovereignty of the Nation as determined by, and in the sole discretion of, the Tribal Council.

(C)    BIA. The Bureau of Indian Affairs, United States Department of the Interior.

(D)    Change in Land Use. The change from one use to another that significantly differs from the former use.

(E)    Deed. A legal document by which the owner of residential property transfers the owner’s interests and rights in that residential property to another person or entity.

(F)    Development Period. The time period from when a lease is executed to when improvements are expected to be substantially completed.

(G)    Environmental Review Process. The process for conducting Nation environmental review to assess whether a proposed development or project as defined under applicable Nation law or regulations will have a significant effect on the environment.

(H)    Environmental Reviewer. The Prairie Band Potawatomi Nation Planning and Environmental Protection Department (PEPD) which is the department that conducts, coordinates, and oversees the Nation’s environmental review process.

(I)    Executing Official. The Chairperson of the Nation (or such other official) properly delegated the responsibility by the Tribal Council to execute all residential leases of the Nation and take all necessary and proper action on leases and subleases including amendments, assignments, and cancellations of leases and subleases.

(J)    Fair Market Lease Value. The amount of rental income that a leased tract of land would most probably command in an open and competitive market, or as determined by competitive bidding.

(K)    Holdover. Circumstances in which a Lessee remains in possession of the leased premises after the lease term expires.

(L)    Housing for Public Purposes. This term shall have the same meaning as the definition set out in 25 CFR §162.003.

(M)    Lease. A written agreement or contract between the Lessor and a Lessee whereby the Lessee is granted a right to possess the Nation’s Trust Land for a specified purpose and duration. The Lessee’s right to possess will limit the Lessor’s right to possess the leased premises only to the extent provided in the lease.

(N)    Leasehold Mortgage. A mortgage, deed of trust, or other instrument in which a Lessee pledges the Lessee’s leasehold interest as security for a debt or other obligation owed by the Lessee to a lender or other mortgagee.

(O)    Leasing Decision. The following type of lease transactions that will be acted on by the Tribal Council: lease issuance, lease amendment, subleasing, lease assignment, lease renewal and any other action taken involving a residential lease under this title.

(P)    Lessee. A person or entity who has acquired a legal right to possess Nation’s Trust Land by a lease pursuant to this title.

(Q)    Lessor. The Nation whose rights are exercised by the Tribal Council. The Lessor can only be the Nation.

(R)    LTRO. The Land Titles and Records Office of the BIA.

(S)    Nation. The Prairie Band Potawatomi Nation.

(T)    Nation Housing Department. The designated housing department providing assistance to Members for affordable housing.

(U)    Nation’s Tribal Land. Tribal land means any tract in which the surface estate is owned by the Nation in trust or restricted status, and includes such lands reserved for BIA administrative purposes. The term also includes the surface estate of lands held by the United States in trust for an Indian corporation chartered under section 17 of the Act of June 18, 1934 (48 Stat. 988; 25 U.S.C.A. §5124).

(V)    Owner. For the purposes of a deed under this title, an owner is the person or entity who owns a residential or improvement on the Nation’s Trust Land, and who has the right to convey that ownership interest to another person or entity.

(W)    Permanent Improvements. Buildings, other structures, and associated infrastructure attached to the land described in the lease that is now an integral part of the property.

(X)    Project. Any residential housing project occurring on the Nation’s Trust Land, including but not limited to housing for public purposes.

(Y)    Public. For purposes of the environmental review process, “public” means any person or entity who can demonstrate that they will be directly substantially affected by the Lease or Lease activity.

(Z)    Residential Lease(s). Any “lease” for a single-family residence or housing for public purpose issued upon the Nation’s Trust Land under the authority of this title. This term shall have the same meaning as the leases described in 25 CFR §162.301, covering both ground leases and leases of developed land (together with the permanent improvements thereon).

(AA)    Residential Leasing Procedures. Procedures promulgated under this title by the Tribal Council, or such other Nation agency properly delegated the responsibility by the Tribal Council to implement this title and execute the duties contained therein, provided such procedures are consistent with this Title.

(BB)    Secretary. The Secretary of the Department of the Interior.

(CC)    Significant Effect on the Environment. A substantial, or potentially substantial, impact on the environment, including land, air, water, minerals, flora, fauna, ambient noise, cultural areas and objects of historic, cultural or aesthetic significance.

(DD)    Sublease. A written agreement by which the Lessee grants to an individual or entity a right to possession no greater than that held by the Lessee under a residential lease.

(EE)    Tribal Council. The duly elected governing body of the Nation pursuant to the Constitution, and as such is vested with the authority to perform the duties and responsibilities of the Lessor, and to approve or disapprove leasing transactions, which include but are not limited to: lease issuance, bond, lease amendment, subleasing, lease assignment, leases, and lease terminations. The Tribal Council has the statutory authority to give final approval for all residential leases and has authority to delegate some or all of its statutory authority to Nation agencies on behalf of the Nation.

(FF)    Tribal Land Office. The agency of the Nation delegated authority under this Ordinance and elsewhere to oversee and administer matters relating to the Nation’s lands, including but not limited to recording and other record-keeping related to such property.

(GG)    Termination. An action by the Nation to end a residential lease.

(HH)    Trust or Restricted Land. Any tract held in trust or restricted status.

(II)    Trust or Restricted Status. Land (1) that the United States holds title to the tract in trust for the benefit of the Nation; or (2) that the Nation holds title to the tract but can alienate or encumber it only with the approval of the United States because of limitations in the conveyance instrument under federal law or limitations in federal law.

(Enacted by PBP TC No. 2023-222, August 10, 2023)