CHAPTER 33-1
INTRODUCTION

33-1-1 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. 2023-222, August 10, 2023)

33-1-2 Scope.

The scope of application of this title shall be limited to all residential 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 residential properties on the Nation’s lands. 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 any fee lands, individually owned Indian lands, fractionated interests, or mineral interests.

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

33-1-3 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 residential leases and establish Nation-specific procedures for environmental review; and

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

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

(D)    Promote self-determination, encourage Nation member residency on Nation Tribal Land, strengthen community, and increase available housing on the lands of the Prairie Band Potawatomi Nation.

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

33-1-4 Applicable Law.

This Title implements the Helping Expedite and Advance Responsible Tribal Home Ownership Act of 2012, 25 U.S.C. §415(h).

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

33-1-5 Short Title.

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

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