CHAPTER 34-1
INTRODUCTION

34-1-1 Authority and Delegation.

The ordinance codified in this title is enacted by the Tribal Council pursuant to the powers vested to it under Article V of the Constitution of the Prairie Band Potawatomi Nation, approved December 6, 2007, as may be amended from time to time (“Constitution”).

Consistent with these constitutional powers, the Tribal Council may delegate some or all of its statutory authority to tribal agencies on behalf of the Nation when acting in the capacity as a Lessor of the real property of the Nation.

(Enacted by PBP TC No. 2023-223, August 10, 2023)

34-1-2 Scope.

The scope of application of this title shall be limited to all Agricultural Leases involving any tract or parcel held by the Nation in trust or restricted status approved pursuant to this title, to all actions and decisions taken in connection with those Leases, and to recording and record-keeping requirements for agricultural properties on the Nation’s Tribal Land. Nothing herein shall be construed to affect the terms and conditions of Leases existing or in effect on or prior to the effective date of the ordinance codified in this title. This title does not apply to fee lands, individually owned Indian lands, fractionalized interests, or mineral interests.

(Enacted by PBP TC No. 2023-223, August 10, 2023)

34-1-3 Purpose.

The purposes of this title are to:

(A)    Recognize the authority of the Prairie Band Potawatomi Nation (“Nation”) to issue, review, approve, and enforce Agricultural Leases and establish streamlined procedures for environmental review;

(B)    Set out the standards for issuance, review, approval, and enforcement of Agricultural Leases;

(C)    Set out the standards and processes for recording and record-keeping for Agricultural Leases as well as for other conveyance and title documents impacting Agricultural Uses of the Nation’s Tribal Land lands;

(D)    Promote self-determination, encourage economic self-sufficiency, effectively protect the environment, strengthen community, and increase agricultural activity and employment on land of the Nation’s Tribal Land; and

(E)    Implement the Helping Expedite and Advance Responsible Tribal Home Ownership Act of 2012, H.R. 205, 112th Cong. (2012) (“HEARTH Act”), as amended, 25 USCA §415.

(Enacted by PBP TC No. 2023-223, August 10, 2023)

34-1-4 Short Title.

This title shall be known and cited as the “Agricultural Leasing and Recording Ordinance.”

(Enacted by PBP TC No. 2023-223, August 10, 2023)