CHAPTER 34-2
DEFINITIONS
34-2-1 Definitions.
As used in this title, the terms set forth below shall have the following meanings:
(A) Agricultural Land. The Nation’s land suited or used for the production of crops, livestock or other Agricultural Products, or the Nation’s land suited or used for a business that supports the surrounding agricultural community.
(B) Agricultural Lease. Lease of the Nation’s Agricultural Land for Agricultural Uses.
(C) Agriculture 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.
(D) Agricultural Products. Agricultural, horticultural, viticultural, and dairy products, including fruits, vegetables, other food, feed, and fiber commodities, livestock, poultry, bees, and the products thereof, the edible products of forestry, sod, ornamental, nursery, and horticultural crops, and any other products raised or produced on farms and processed or manufactured products thereof.
(E) Agriculture Resource Management Plan (ARMP). Refers to a plan developed under section 3711(b) of the AIARMA.
(F) Agricultural Use. The production, processing, manufacturing, or distribution of Agricultural Products, including farming and grazing activities.
(G) AIARMA. The American Indian Agricultural Resources Management Act of December 3, 1993 (107 Stat. 2011, 25 U.S.C. 3701 et seq.), as amended on November 2, 1994 (108 Stat. 4572).
(H) 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 of the Lessee’s obligations, under a Lease.
(I) Best Interest of the Nation. The balancing of interests in order to attain sufficient employment opportunities, preserve and enhance the value of Nation’s Trust Land, increase and diversify food sources 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.
(J) BIA. The Bureau of Indian Affairs, United States Department of the Interior.
(K) Bond. Security for the performance of certain Lease obligations, as furnished by the Lessee, or a guaranty of such performance as furnished by a third-party Surety.
(L) Change in Land Use. The change from one (1) use to another that significantly differs from the former use.
(M) Environmental Review Process. The process for conducting environmental review to identify and evaluate any significant effects of a proposed action on the environment.
(N) Environmental Reviewer. The Planning and Environmental Protection Department (PEPD), the entity that conducts, coordinates, and oversees the Environmental Review Process on behalf of the Nation.
(O) Executing Official. The Chairperson of the Nation (or such other official) properly delegated the responsibility by the Tribal Council to execute all Agricultural Leases of the Nation and take all necessary and proper action on Leases and Subleases including amendments, Assignments, and cancellations of Leases and Subleases.
(P) Fair Annual Lease Value. The amount of rental income that a leased tract of the Nation’s land would most probably command in an open and competitive market, or as determined by competitive bidding.
(Q) Grazing Management Plan. A grazing management plan is a site specific grazing lands resource conservation plan designed by the local service area Natural Resource Conservation Service (NRCS), USDA.
(R) Holdover. Circumstances in which a Lessee remains in possession of the leased premises after the Lease term expires, or the Lease is cancelled or terminated.
(S) Land Maintenance Department. The office delegated the authority to execute and manage all Agricultural Leases of the Nation.
(T) Lease. A written agreement between the Nation and a Lessee whereby the Lessee is granted a right to possess a specified portion of the Nation’s Trust Land for a specified purpose and duration. The Lessee’s right to possess will limit the Nation’s rights to possess the Nation’s Trust Land only to the extent provided in the Lease.
(U) Leasehold Interest. The possessory interest in the Nation’s Trust Land established pursuant to a Lease between the Nation and a Lessee.
(V) 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.
(W) Leasing Decision. A Lease issuance, Lease amendment, Sublease, Lease Assignment, Lease renewal, or any other action taken by Tribal Council or other Nation agency or Nation official properly delegated under this title.
(X) Lessee. A person or entity who has acquired a right to possess the Nation’s Trust Land by executing a Lease.
(Y) Lessor. The Nation, whose rights are exercised by the Tribal Council. The Lessor can only be the Nation.
(Z) LTRO. The Land Titles and Records Office of the BIA.
(AA) Nation. The Prairie Band Potawatomi Nation.
(BB) 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. 5124).
(CC) 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.
(DD) 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.
(EE) Secretary. The Secretary of the Department of the Interior.
(FF) 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.
(GG) 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 an Agricultural Lease.
(HH) Surety. One who guarantees the performance of another.
(II) TEIR. Tribal Environmental Impact Report.
(JJ) 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 agricultural leases and has authority to delegate some or all of its statutory authority to Nation agencies on behalf of the Nation.
(KK) Tribal Land Office. The department 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.
(LL) Termination. An action by the Nation to end an Agricultural Lease.
(MM) 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.
(NN) Violation. A failure to comply with the terms of a Lease, including failure to take an action required under a Lease such as payment of compensation. This definition applies for purposes of this title without regard to how “violation” or “default” are defined in the Lease.
(Enacted by PBP TC No. 2023-223, August 10, 2023)