Red Lake Court of Indian Offenses
Code – “Revisions July 25, 2001”


[Editor's Note: this copy of the Red Lake Band of Chippewa Indians "tribal code" was received from what journalists call a "reliable source" in the tribal administration, apparently July 25, 2001 revisions of the Red Lake Court of Indian Offenses' Law and Order provisions that was adopted by the tribal council on September 11, 1990.  As a Court of Indian Offenses, the Red Lake Court is also subject to the federal regulations, including the law and order provisions in Title 25 of the Code of Federal Regulations.  Maquah.net makes no representation as to the accuracy or current status of this revised code.]


TITLE XIII REGULATIONS GOVERNING ISSUANCE OF LAND USE PERMITS

CHAPTER 1304

1304.01       Eligibility to Receive Permit

1304.02.      Grounds For Terminating Land Use Permit

1304.03       Terms of Land Use Permit

1304.04       Death of Permittee

1304.05       Mineral, Water & Timber Rights

1304.06       Condemnation

1304.07       Mortgage Loans

 

 

 

TITLE XIII
REGULATIONS GOVERNING ISSUANCE
OF LAND USE PERMITS

 

CHAPTER 1304

 

1304.01           Eligibility to Receive Permit

 

Subdivision 1. In order to obtain a land use permit for lands on the Red Lake Indian Reservation, application shall be submitted to the Secretary of the Red Lake Band of Chippewa Indians on forms provided by that office.  All applicants must meet the following eligibility requirements in order to obtain such permit:

 

a)         The applicant must be an enrolled member of the Red Lake Band of Chippewa Indians; and

 

b)         The applicant must be eighteen (18) years of age; and

 

c)         The applicant shall not be entitled to more than one (1)  land permit at any one (1) time.

 

Subdivision 2. Land use permits shall be granted in the sole discretion of the Red Lake Tribal Council when it deems that an applicant is qualified to receive such a permit.

 

(Section 1304.01 Subd.. 2 amended and Subd. 3 deleted to Tribal Code by Resolution No. 184-94, dated May 10, 1994)

 

1304.02.          Grounds For Terminating Land Use Permit

 

Subdivision 1. A land use permit may be terminated and canceled upon the occurrence of any one of the following events:

 

a)         The land use permittee fails to reside upon or personally use the land granted to the permittee under the land use permit; or

 

b)         An order of the Red Lake Court of Indian Offenses.

 

Subdivision 2.             Procedure for Termination.  If a permittee should absent himself from or vacate the land granted to him under the land use permit for a period of two (2)  consecutive years; or the Red Lake Court of Indian Offenses shall enter an order terminating a land use permit, the land use permit shall automatically terminate and be canceled by the Red Lake Tribal Council; except, the rights of the permittee shall not be abrogated during the time that a permittee is in the services of the Armed Forces of the United States.

 

a)         The Red Lake Tribal Council shall give a thirty (30) day written notice of the intended cancellation to the permittee which shall state the reason for the cancellation.  The notice shall further state that if the permittee shall fail to request a hearing before the Red Lake Tribal Council on the intended cancellation within thirty (30) day period, the cancellation shall automatically become effective upon the expiration of the thirty (30) day period.

 

b)         If a permittee shall request a hearing, the Secretary of the Red Lake Tribal Council shall schedule a hearing at the earliest opportunity which is convenient for all parties.  The decision of the Red Lake Tribal Council following the hearing shall be final and binding and shall be non-appealable.

 

Subdivision 3.             Effect of Cancellation of Permit.  Upon the cancellation of a land use permit, upon the grounds stated in Section 1304.02 (1) (a), the permittee shall remove from the land  all buildings and other personal property of the permittee within ninety (90) days from the effective date of the cancellation; unless, an extension for good cause has been granted to the permittee by the Red Lake Tribal Council.  If said personal property shall not be removed by the permittee within the time limits set fourth herein, or any time extensions thereof, the title to said personal property shall automatically vest in the Red Lake Tribal Council to be disposed of in the best interests of the Red Lake Band of Chippewa Indians.

 

1304.03           Terms of Land Use Permit

 

Subdivision 1. A land use permit or any portion thereof may not be sold, leased, conveyed, transferred, assigned, traded, or exchanged without first having obtained the written consent of the Red Lake Tribal Council.

 

Subdivision 2. A land use permit shall be limited to the following terms:

 

a)         A permit issued for farming or agricultural purposes may contain a maximum of 320 acres.

 

b)         A permit issued for homesite or residential purposes may contain a maximum of five (5) acres.

 

c)         A permit issued for land lying within the platted area of Red Lake and Redly may contain a maximum of three (3) lots.

 

Subdivision 3. Additional lands may be obtained through negotiated leases with the Red Lake Tribal Council.

 

1304.04           Death of Permittee

 

Subdivision 1. Permittees may designate in writing to whom the permittee's interest in any land use permit shall descend upon death of the permittee.  Any person may inherit an interest in a land use permit for land upon the Red Lake Indian Reservation as long as that person meets the qualifications for a land use applicant set forth in Section 1304.01 hereof.

 

Subdivision 2. In the event that an interest in a Red Lake land use permit shall descend, as a result of death, to a minor, who would be qualified pursuant to Section 1304.01 hereof except for age, then and in that event a guardian of the estate of said minor shall be appointed and said interest shall be transferred to the guardian of said minor to hold said interest for the benefit of said minor until said minor attains his or her majority and is eligible to receive a land use permit under all of the provisions in this chapter.

 

Subdivision 3. If a permittee married to a non-member of the Red Lake Band of Chippewa Indians dies leaving minor children who are eligible to receive a land use permit except for their age, then and in that event the surviving spouse shall, with the consent of and pursuant to the terms and conditions of the Red Lake Tribal Council, have the right to continue to use and occupy the land during the minority of the minor children pursuant to a special land use permit issued by the Red Lake Tribal Council.

 

1304.05           Mineral, Water & Timber Rights

 

Subdivision 1. Timber Rights.  Except for fuel to be used by the permittee, no timber shall be cut on the premises of the permit land without proper authorization from the Red Lake Tribal Council or contrary to forestry regulations.

 

Subdivision 2.             Mineral Rights.  All timber rights, mineral rights and water rights and the right to take easements on the permit land for public purposes are reserved to the Red Lake Band of Chippewa Indians.

 

1304.06           Condemnation

 

Subdivision 1.             Payment For Personal Property.  If permit property is taken for a public purpose, the permittee shall be adequately compensated for the removal or destruction to any personal property, including buildings, located upon the permitted property, all of which shall be subject to the approval of the Red Lake Tribal Council.

 

Subdivision 2. Payments For Land.  Compensation for any land which is taken for a public purpose shall be paid to the Red Lake Band of Chippewa Indians.

 

1304.07           Mortgage Loans

 

Subdivision 1. In the event that a land use permittee shall obtain a mortgage loan for the purchase, construction, alteration or renovation of a building located upon the land contained within the land use permit and the land, together with the buildings located thereon, is used as security for the repayment of such loan, the permittee agrees to voluntarily relinquish the land use permit and voluntarily relinquish possession of the premises in the event such loan is defaulted upon and mortgage foreclosure proceedings are finalized against such land use permittee.  In the event that a land use permittee shall refuse to voluntarily relinquish the land use permit or possession of the premises under the conditions stated in this section, an appropriate action may be commenced in the Red Lake Court of Indian Offenses to secure compliance with this section.



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