Susanville Indian Rancheria [Ordinances]

I. PREAMBLE

The General Council hereby enacts this assignment ordinance in accordance with Article V, Section 1, of the Constitution and Bylaws of the Susanville Indian Rancheria, Lassen County, California, approved by the Secretary of the Interior on March 10, 1969.


II. DEFINITIONS

Wherever used in this assignment ordinance the terms defined in this Article shall have the following meaning:

A. Assignment means a formal right to use Rancheria land subject to the conditions set forth in this assignment ordinance.

B. Assignee refers to the holder of an assignment.

C. Area Director means the Area Director, Bureau of Indian Affairs, Sacramento Area Office, Sacramento, California, who is the authorized representative of the Secretary of the Interior.

III. GENERAL ASSIGNMENT POLICY

A. Assignments made and approved pursuant to the Assignment Ordinance of January 12, 1963, and not relinquished or canceled are recognized as binding and are hereby ratified.

B. An assignment does not vest title to assigned land in the assignee but is a use right granted to him by the General Council, which may not be sold or inherited and which terminates upon relinquishment or cancellation of the assignment or upon the death of the assignee.

C. An assignment may not be transferred, assigned, or exchanged without the approval of the General Council.

D. In the event of an assignee's death, the General Council shall give preference in reassignment of the property to the surviving spouse or children provided they are otherwise eligible to receive an assignment under the provisions of this assignment ordinance. A surviving spouse who is ineligible for an assignment under the provision of this assignment ordinance but who is responsible for the care of minor children shall be granted the privilege of occupancy of the property for such period of time as determined proper by the General Council.

E. An assignee may relinquish his assignment at any time by giving written notice to the Business Committee.

F. Leases, easements or rights-of-way of Rancheria lands are subject to Federal laws and regulations and may be granted only with the consent of the General Council and the approval of the Secretary of the Interior or his authorized representative.

G. Improvements of the following character placed on the assigned land by the assignee shall be considered as personal property which may be removed, sold, bequeathed, willed or inherited at the discretion of the assignee: houses, garages, barns, sheds, interior fences, crops, household items and personal belongings. Other improvements such as exterior fences, underground water and sewage systems, trees shrubs, and betterments of similar nature attached to the land, even though placed on the property by the assignee, shall be considered part of the real property belonging with the land and shall remain on the assignment unless their removal is authorized by the General Council.

H. Houses originally constructed by the Government and located on assignments become a part of the personal property belonging to the assignee living in these houses.

I. If the assignment is relinquished or canceled, the removable improvements of the assignee defined in paragraphs G and H of this Article must be removed or otherwise disposed of within one hundred and eighty (180) days after formal written notice to him by the Business Committee; otherwise said improvements become a part of the real property, title in them vests with the land, and they become available for assignment along with the land.

J. During the absence of the assignee, said assignee may with the prior approval of the General Council allow another Indian who is eligible to receive vacant promises for a period not to exceed one year; provided, that the General Council may grant successive extensions of like duration. The assignee at his discretion may or may not charge the approved occupant rent for the use of the premises under terms mutually agreed upon between them.

K. The General Council may in its discretion grant privileges of temporary occupancy to Indians not having a valid assignment or to such other classes of persons as may be defined by the General Council. Terms of such temporary occupancy shall be defined by the General Council and the approved occupant; provided, that said terms shall be reduced to writing and shall include the following covenants:

1. That the approved occupant agrees to pay a certain monthly rental to the Secretary-Treasurer for deposit in the Rancheria account.

2. That the approved occupant agrees not to commit any of the violations set forth in Paragraph A, Article VI (Procedures for Canceling Assignments and Removing Persons from Rancheria), of this assignment ordinance.

3. That any violations of the foregoing two covenants shall be grounds for removal of the approved occupant in accordance with provisions of this assignment ordinance.

4. That the approved occupant may attend all meetings of the General Council as a guest and without voting privileges.

L. Except for those persons who are qualified under paragraphs D, J, or K of this Article or who are in residence with an assignee as one of the members of that assignee's household, no person shall reside on the Rancheria who is not eligible for assignment under provisions of this assignment ordinance. All persons in residence on the Rancheria in violation of this prohibition are hereby declared to be trespassers.

IV. ELIGIBILITY REQUIREMENTS FOR ASSIGNMENT

To be eligible for an assignment an applicant must meet all of the following requirements:

A. Be one-forth (1/4) or more degree of California Indian blood.

B. Be without land or interest in land, except where such holdings are not of sufficient size to provide a suitable income or homesite, not have received an allotment in his own right, and not have inherited a trust allotment in its entirety.

C. Be at least eighteen (18) years of age and legally married, or twenty-one (21) years of age or over as of date of application for assignment.

D. Be the head of a household or the spouse of the head of a household.

E. Not be a person allotted on another reservation or rancheria nor officially enrolled with or a recognized member of some other tribe or band, it being understood that as used herein the words ^"a recognized member of another tribe or band" shall denote a person who has received a land-use assignment or has otherwise received benefits on another reservation or rancheria, except through inheritance.

V. PROCEDURE FOR GRANTING ASSIGNMENTS

A. All applicants must file a written application for assignment with the Business committee.

B. The Business Committee shall review all applications in the order in which thy are received to determine whether they are properly prepared and to check whether the applicants meet all eligibility requirements of this assignment ordinance.

C. The Business Committee within 120 days from their receipt thereof properly prepared shall refer all applications with a report of their findings to the General Council for its decision.

D. When an application is approved by a majority vote of the General Council, an assignment instrument shall be issued to the assignee by the Business Committee which shall also forward a copy thereof to the Area Director. The Business Committee shall return all rejected applications to the applicants by letter advising as to the reason or reasons for such rejection.

E. The Business Committee shall maintain a record of all actions taken on each application. The Area Director shall maintain a file on each individual assignment containing all materials made available to the Sacramento Area Office.

VI. PROCEDURE FOR CANCELING ASSIGNMENTSAND REMOVING PERSONS FROM RANCHERIA

A. An assignment may be subject to cancellation by the General Council in the event the assignee, his guests, invitees, or members of his household commit any of the following violations:

1. Transferring, assigning, or exchanging as assignment without the approval of the General Council.

2. Illegally granting leases, easements or rights-of-way.

3. Removing improvements which are part of the real property without authority from the General Council.

4. Allowing vacant premises to be occupied by others without the prior approval of the General Council.

5. Failing to occupy the premises for eighteen (18) consecutive months.

6. Using the premises for unlawful purposes.

7. Disturbing the peace by engaging in excessive drinking or other obnoxious behavior anywhere within the territory of the Susanville Indian Rancheria.

B. The Business Committee shall review the use of all Rancheria lands on a continuing basis and shall have the Secretary-Treasurer report any violation to the General Council. In any event, it shall be the Secretary-Treasurer's duty to report to the General Council at intervals not more than one year apart as to whether or not there are any instances of failure to occupy assigned lands for eighteen (18) consecutive months.

C. The General Council shall act on each reported violation of this assignment ordinance. With respect to assigned lands, the General Council may grant the assignee a specified period of time in which to take corrective action in lieu of cancellation. If the General Council deems a violation sufficiently serious, it may order as its remedy the cancellation of an assignment or removal of any person from the territory of the Susanville Indian Rancheria, or both, but in so ordering must adhere to the following procedure:

1 . The Business Council shall use certified mail, return receipt requested, to serve written notice upon the alleged violator of the remedy proposed. Said notice shall cover all of these items:

a. The nature of all alleged violations in reasonable detail;

b. The remedy proposed, whether cancellation, removal, or both;

c. Advice that the alleged violator has not less than thirty (30) days in which to show cause to the General Council why the remedy proposed should not be carried out;

d. Invitation the alleged violator to attend a hearing before the General Council at a specified place and date scheduled not less than thirty (30) days from the date of the notice;

e. Advise that the alleged violator has the right to be represented by legal counsel of his choice at his sole expense.

2. The General Council shall conduct a hearing at the scheduled time and place and then and there may make its final decision whether or not the alleged violator or his representative appears, provided that good cause has not been shown at the time for the non-appearance.

3. When the General Council upon hearing and after due deliberation has reached its final decision such decision shall be confirmed in a letter issued by the Business Committee and directed to the alleged violator by certified mail, return receipt requested. The letter shall cover all of these items: The nature of the decision, setting out whether the alleged violator has been found innocent or guilty, and in the event of a finding guilty, the exact remedy that is to be carried out, and the period of time allowed for removing or otherwise disposing of personal property, which period shall be not less than 180 days from the date of the letter for assignees and not less than 30 days for all other persons.

VII. EFFECTIVE DATE

This Ordinance, when enacted by a majority vote of at least one third (1/3) of these entitled to vote at the Susanville Indian Rancheria, shall be forwarded to the Area Director, and shall become effective on the date of his approval.

VIII. AMENDMENTS

This Ordinance may be amended by a majority vote of at least one-third (1/3) of those entitled to vote at the Susanville Indian Rancheria and such amendments will become effective on the date of approval by the Area Director.

CERTIFICATION

This is to certify that the fore going ordinance was enacted June 30, 1969, at a duly called meeting of the Susanville Indian Rancheria General Council at which a quorum was present, by a vote of 12 for and 0 against and that this ordinance has not been rescinded or amended in any manner.


ATTEST;

(Mrs. Jeanette Dixon) (Mrs.) Jeanette Dixon, Secretary- Treasurer, Susanville Indian Rancheria APPROVED DATE: July 17, 1969

(Mrs. Freda Owens) (Mrs.) Freda Owens, Chairwoman Susanville Indian Rancheria William E. Finale Area Director Sacramento Area Office Bureau of Indian Affairs

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