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Approved Ordinances for the Te-Moak Tribe of Western Shoshone

Last amended: 2003

TITLE XVII - [SOUTH FORK STANDARD LAND ASSIGNMENT ORDINANCE]


See the enacting ordinance below.


Chapter 1


17-1-1. Statement of Purpose

An Ordinance for Standard Land Assignments to members of the Te-Moak Tribe of Western Shoshone Indians, all lands, which are now owned, or which hereafter may be acquired by the United States of Government or purchased with Tribal funds for the South Form Reservation shall be assigned by the South Fork Bank Council.


17-1-2. Assignments

Assignments made under this Ordinance shall be for the primary purpose of establishing Land Assignments for members of the Te-Moak Tribe of Western Shoshone Indians and shall be know as "Standard Land Assignments." Only one (1) Standard Land Assignment of sufficient agricultural land shall be held by a member of the Te-Moak Tribe of Western Shoshone Indians of Nevada.


17-1-3. Assignment Document

The South Fork Bank Council shall charge and collect a fee of five ($5.00) dollars for services rendered in making a Standard Land Assignment. This fee is to be collected upon delivery of the Land Assignment document, and said fee deposited in the South Fork Band Council General Funds.


17-1-4. Membership


Any member of the Te-Moak Tribe of Western Shoshone Indians, at the age of twenty-one (21) or older, head of household or who, regardless of age, is married, desiring to establish a home of his (her) own shall be eligible to apply for a Standard Land Assignment.


17-1-5. Application

An application for a Standard Land Assignment shall be made by the head of a family or a legally married couple if both are enrolled members, and the Standard Land Assignment, when made, shall be to such person(s).


17-1-6. Head of Household

A member of the Te-Moak Tribe of Western Shoshone Indians married to a person who is not a member of the said Tribe, shall be considered the head of a family, and shall be entitled to make an application for a Standard Land Assignment. If such member dies without living children after having received a Standard Land Assignment, the Assignment shall be cancelled. However, if a member dies and if there be living children of the marriage, the South Fork Band Council, by resolution, shall assign the Land Assignment to the surviving spouse until such enrolled minor children either marry or reach twenty-one (21) years of age whereupon the Land Assignment, in the name of the surviving spouse, shall then be cancelled. The Land Assignment will then be reassigned to either the married child or to the minor child until he/she becomes twenty-one (21).



17-1-7. Death

Upon the death of any member holding a Standard Land Assignment, his (her) heirs, by will or by written request, shall have a preference to the reassignment of the land providing such person is eligible.


17-1-8. Personal Property


When personal property, located on the Standard Land Assignment, is inherited, either by will or by natural inheritance or is purchased by a person or persons who cannot make use of it on the Assignment where it is located, the party so inheriting, or purchasing it may dispose of it in one or more of the following ways:

a. By removing it at their own expense.

b. By sale to a person who can use it where it is located, with approval of the Council.

c. By sale to the Tribe on such terms as may be agreed upon. PROVIDED: That any property that is to be removed from the land shall be within a period of 30 days or more upon review within the first the date on which the land itself shall have passed into other heirs or have been reassigned, and provided further, that the land from which the improvements are removed shall be left in the same goo condition as before the improvements were placed upon it, except in the case of a well, or foundations which may be left by agreement with the new Assignee.


17-1-9. Wills

Where no will or written request has been made by the holder of a Standard Land Assignment, designating the person he (she) desires to have the land reassigned to, his (her) heirs provided they are members of the Te-Moak Tribe of Western Shoshone Indians of Nevada, will be determined by proper probate procedure. The South Fork Band Council may reassign the Standard land Assignment of the deceased member to the heir so chose, provided such action does not give that person control of two (2) Standard Land Assignments.


17-1-10. Preference

When an heir by will or by selection dies before the age of twenty-one (21) , the Standard Land Assignment inherited shall l be cancelled, and shall then be subject to reassignment, with preference to heirs eligible to make application for a Standard Land Assignment in the order of relationship and age, the nearest of kin having first preference and where more than one person in the same degree of kinship, the older to have preference over the younger. If no heirs can qualify as eligible for a Standard Land Assignment, then the land shall be held in South Fork Band control awaiting reassignment in the regular ways.


17-1-11. Exchange of Assignments

If two members of the Tribe desire to exchange Standard Land Assignments, they shall join in a written application for such exchange. In this application, the reason for desiring the exchange shall be set forth in full, and if it shall be made to appear that the requested exchange is for the mutual benefit of both parties, and that such exchange is not against the interests of the Tribe as a whole, the Council shall approve the request and prepare a resolution to effectuate such exchange.


17-1-12. Improvements

Improvements of any character made upon assigned lands may be bequeathed to and inherited by the Tribe or other disposed of under such regulations as the council shall provide. No permanent improvements such as irrigation structures, tribal homes, lands, fence boundaries, wells, shall be removed from the land without the consent of the South Fork Band Council.


17-1-13. Temporary Absence


When any enrolled member of the Te-Moak Tribe of Western Shoshone Indians of Nevada holding a Land Assignment desires to leave the South Fork Indian Reservation on temporary absence for a justifiable reason such as educational training, military service or temporary physical disability, he (she) will contact the South Fork Band Council in person and make arrangements for his (her) Standard land Assignment for a period not to exceed two (2) years or more upon review. Such actions are to be approved by resolution of the South Fork Band Council.


17-1-14. Harvesting Crops


If any member of the Western Shoshone Indians of Nevada who holds a Standard Land Assignment shall, for a period of one(1) year fail to harvest (means all cutable and usable hay land). Pasture may be consider by the South Fork Band Council upon review, this is to be done by resolution; the land so assigned, or use such land at any time for an unlawful purpose, his (her) Land Assignment shall be cancelled by the South Fork Band Council after due notice and an opportunity to be heard.
When a Standard Land Assignment is given to an enrolled member of the Te-Moak Tribe of Western Shoshone Indians of Nevada, it is because that member, in his/her application, has shown a need for the area for which he/she asks, and that he/she intends to establish a home upon the Standard Land Assignment. Failure to adhere to this Ordinance shall result in the Band Council cancellation of the assignment according to the Constitution Article 10, Section (d) part 4 Cancellation of Assignments.


17-1-15. Forms


Application for a Standard Land Assignment shall be filed on standard forms with the Secretary of the Band Council, and shall be in writing, setting forth the name of the person(s) applying for the land and as accurate a description of the land desired as the circumstances will permit. Notices of applications received by the Secretary shall be posted in the Tribal office and other public offices designated by the Band Council or Constitution, not less than twenty (20) days before action is taken by the Band Council. Any member of the Tribe wishing to oppose the granting of an Assignment shall do so in writing.


17-1-16. Records


The Secretary of the Band Council shall furnish the Superintendent complete record of all actions taken by Band Council on applications for assignments. A complete record of assignments shall be kept in the Tribal Office and shall be open for inspection to all members of the Tribe during regular working hours. Pursuant to Article 10, Section 1 (d) 7 of the Te-Moak Constitution.


17-1-17. Supersede


Upon acceptance by the Te-Moak Council this ordinance shall supersede any other ordinances enacted before this date pertaining to South Fork Standard Land Assignments.

CERTIFICATION

I, the undersigned, as Chairperson of the Te-Moak Council of the Te-Moak Tribe of Western Shoshone Indians of Nevada do hereby certify that the Te-Moak Western Shoshone Council is composed of 9 members of whom 5 constituting a quorum were present at a duly held meeting on the 15th day of July 1987, and that the foregoing ordinance was duly enacted at such meeting by an affirmative vote of 4, FOR 0 AGAINST, 0 ABSTENTIONS, pursuant to the authority contained under Article 8, of the Constitution of the Te-Moak Tribe of Western Shoshone Indians of Nevada.

 

          /s/          
Clarence G. Andreozzi, Vice-Chairperson
Te-Moak Western Shoshone Council

ATTEST:

          /s/          
[Text missing]
 


ORDINANCE OF THE TE-MOAK TRIBE OF WESTERN SHOSHONE INDIANS OF NEVADA


[ORDINANCE NO.] 87-ORD-TM-O4

TITLE XVII &nbsp &nbsp &nbsp CHAPTER 1

BE IT ENACTED BY THE TRIBAL COUNCIL OF THE TE-MOAK TRIBE OF WESTERN SHOSHONE INDIANS OF NEVADA AS FOLLOWS:

That in accordance with Article 4, Section 3 (d) (n) of the Constitution of the Te-Moak Tribe, approved as amended on August 26, 1982, as organized under the Indian Reorganization Act of June 18, 1934, (48 STAT) , as amended by the Act of June 15, 1935, (49 STAT. 378) and Article 2 of the Constitution of the Te-Moak Tribe that this Ordinance is to be known as the South Fork Band Council.

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