CHAPTER 31-2
DEFINITIONS

31-2-1. 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 business site lease.

(B)    Best Interest of the Nation. The balancing of interests in order to attain the highest economic income, provide incentives to increase economic development, preserve and enhance the value of Nation’s trust land, increase employment and jobs 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)    Business Site Lease(s). Any “lease” for a business purpose issued upon tribal trust land under the authority of this title.

(E)    Business Site Leasing Procedures. Procedures promulgated under this title by the Tribal Council, or such other tribal agency properly delegated the responsibility by the Tribal Council to implement this title and execute the duties contained therein.

(F)    Change in Land Use. The change from one (1) use to another that significantly differs from the former use.

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

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

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

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

(K)    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.

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

(M)    Lease. A written agreement or contract between the lessor and a lessee whereby the lessee is granted a right to possess tribal 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 business site lease under this title.

(P)    Lessee. A person or entity who has acquired a legal right to possess tribal trust land by a lease pursuant to this title.

(Q)    Lessor. The Nation whose rights are exercised by the Tribal Council, or such other Nation agency properly delegated the responsibility by the Tribal Council.

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

(S)    Nation. The Prairie Band Potawatomi Nation.

(T)    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.

(U)    Project. Any economic development activity occurring on tribal trust land except in reference to “Indian irrigation projects” in Section 31-3-3(B)(13).

(V)    Public. For purposes of the environmental review process, “public” means (1) tribal members; and (2) residents or entities who are located on or near the Nation’s lands.

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

(X)    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.

(Y)    Space Lease. A lease of space within existing facilities on tribal land that is not already leased.

(Z)    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 business site lease.

(AA)    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 business site leases and has authority to delegate some or all of its statutory authority to tribal agencies on behalf of the Nation.

(BB)    Nation’s Trust Land. Any tract of land in which the surface estate is owned by the Nation and held in trust or restricted status by the United States for the benefit of the Nation, or a federally chartered corporation of the Nation under Section 17 of the Indian Reorganization Act of June 18, 1934, 48 Stat. 984, 25 U.S.C. §461 et seq.

(CC)    Tribe. The Prairie Band Potawatomi Nation.

(DD)    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. 2017-358, November 29, 2017)