CHAPTER 30 - - HOMEOWNERSHIP FOR INDIANS
30.1 SECTION 1: PURPOSE
The purpose of this ordinance is to assist in making available to tribal members the benefits of the FHA Section 248 Program, under which an Indian family may purchase a home located on leased trust land on the reservation under an FHA - insured loan.
30.2 SECTION 2: AUTHORITY
This ordinance is adopted pursuant to Red Cliff Constitution, Article VI, § 1(p).
30.3 SECTION 3: EFFECTIVE DATE
This ordinance shall take effect upon a majority vote of the Red Cliff Tribal Council.
30.4 SECTION 4: ABROGATION AND GREATER RESTRICTIONS
Where this ordinance imposes greater restrictions than those contained in other ordinances, the provisions of this ordinance shall govern.
30.5 SECTION 4: INTERPRETATION
In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the Tribe and shall not be deemed a limitation or repeal of any other Tribal power or authority. The Tribes sovereign immunity is not waived or affected hereby.
30.6 SECTION 6: DEFINITIONS
- As used in this ordinance:
1) "FHA Section 248 Program" means the Federal Housing Administration (FHA) Section 248 Mortgage Insurance Program on Indian Reservations, 12 U.S.C. sec. 1715 z--13.
2) "Reservation" means the land and waters within the exterior boundaries of the Red Cliff Indian Reservation.
3) "Tribal Court" means the Red Cliff Tribal Court.
4) "Tribe" means the Red Cliff Band of Lake Superior Chippewa Indians.
5) "Trust Land" means land held in trust for the Red Cliff Tribe by the United States of America.
30.7 SECTION 7: EVICTIONS
The eviction procedures set forth in (Chapter 19) of the Red Cliff Code of Laws shall apply to evictions from homes and leased land under the FHA Section 248 Program. The Red Cliff Tribal Court shall have jurisdiction over all such actions.
30.8 SECTION 8: ACCESS TO PROPERTY
The Red Cliff Tribe hereby grants its permission to agents or employees of the U.S. Department of Housing and Urban Development to enter trust land on the reservation for the purpose of carrying out their responsibilities under the FHA Section 248 Program including the serving of process or posting of property in case of eviction.
30.9 SECTION 9: LEASE POEM
Tribal trust land shall be leased for purposes of the FHA Section 248 Program using the lease form prescribed by the Secretary of Housing and Urban Development pursuant to 24 C.F.R. 203.43h(c), for use in connection with the FHA Section 248 Program.
30.10 SECTION 10: FORECLOSURES
The Red Cliff Tribal Court at present does not exercise jurisdiction over foreclosures. At such time as jurisdiction over mortgage foreclosures shall be conferred upon the Tribal Court, a mortgage insured under the FHA Section 248 Program shall be and constitute the first lien in priority on the home.