PRP.10.2.010 General Definitions

Any term not defined in this Section shall be given its ordinary meaning. The following terms, wherever used in this Code, shall be construed to apply as follows, except where the context indicates otherwise:

(a) "Agricultural Land" means Tribal Trust Land suited or used for the production of crops, livestock, or other agricultural products, or a business that supports the surrounding agricultural community.

(b) "Agricultural purposes" means the purposes of farming, haying, raising livestock, or similar agricultural uses.

(c) "Assignment" means an agreement between a lessee and an assignee, whereby the assignee acquires all or some of lessee's rights, and assumes all or some of the lessee's obligations, under a lease.

(d) "Band" means the Lac Courte Oreilles Band of Lake Superior Chippewa.

(e) "Best Interest of the Tribe" means, but is not limited to, an outcome that is most favorable based on a balancing of interests undertaken in order to attain the highest economic income, increase economic development, preserve, and enhance the value of Tribal Trust Land, increase employment, and preserve the sovereignty of the Tribe.

(f) "BIA" means the Secretary of Interior of the Bureau of Indian Affairs within the Department of the Interior.

(g) "Building" is a structure, and any appurtenances or additions thereto, designed for habitation, shelter, storage, and the like.

(h) "Business purposes" means commercial purposes and use by for-profit and nonprofit organizations.

(i) "Educational purposes" means the purposes of delivering educational services.

(j) "Governmental purposes" means the purposes of delivering government services by the Tribe or conducting Tribal governmental functions.

(k) "Lease" means a written contract between the Tribe and a lessee, whereby the lessee is granted a right to possess Tribal land, for a specified purpose and duration. The lessee' s right to possess shall limit the Tribe's right to possess the leased premises only to the extent provided in the lease.

(l) "Lessee" means a person or entity who has acquired a right to possess the Tribe's lands by executing a Lease.

(m) "Leasehold Estate" means the possessory interest in the Tribe's land established pursuant to a Lease between a Lessor and a Lessee.

(n) "Leasehold mortgage" means a mortgage, deed of trust, or other instrument that pledges a lessee's leasehold interest as security for a debt or other obligation owed by the lessee to a lender or other mortgagee.

(o) "Lessor" means the Tribe or any of its Indian corporations chartered under section 17 of the Act of June 18, 1934 (48 Stat. 988; 25 U.S.C. 477), or any of their assigns.

(p) "Livestock" means those animals commonly associated with a farm or performing work in an agricultural setting. Such animals include horses, donkeys, mules, cattle, sheep, poultry, swine, goats, and other animals typically associated with a farm, ranch, or stable.

(q) "LTRO" means the Land Titles and Records Office of the Bureau of Indian Affairs within the United States Department of Interior.

(r) "Mortgage" means a lien on a Leasehold Estate given to secure advances on a loan to purchase, construct, refinance, or renovate a structure or improvement, and may refer both to a security instrument creating a lien, whether called a mortgage, deed of trust, security deed, or other term, as well as the credit instrument, or note, secured thereby.

(s) "Mortgagee" means any person, entity, or government agency which lends under a Leasehold Mortgage, and includes any assignee, or any heir, successor, executor, administrator, or assign thereof.

(t) "Mortgagor" means any person or entity who has executed a Leasehold Mortgage or assigned thereof.

(u) "NEPA" means the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq.

(v) "Permanent Improvements" means buildings, other structures, and associated infrastructure attached to the Tribe's lands.

(w) "Premises" means any portion of Tribal Trust Land, as described in any lease, and any common areas and grounds appurtenant thereto.

(x) "Public" for the purposes of Subchapter 4 of this Code means any person or entity who can demonstrate that they shall be directly and substantially affected by the lease or lease activity.

(y) "Real Property" means the Tribe's Trust and Restricted Land.

(z) "Recreational purposes" means the purposes of camping, fishing, hunting, ATV use, snowmobile use, constructing and maintaining seasonal dwellings (such as cabins and hunting shacks), or similar recreational uses.

(aa) "Residential purposes" means the purposes of constructing or maintaining a residential house which the lessee shall use as their primary residence.

(bb) "Restoration and reclamation plan" means a plan that defines the reclamation, revegetation, restoration, and soil stabilization requirements for a project area, and requires the expeditious reclamation of construction areas and revegetation of disturbed areas to reduce invasive plant infestation and erosion.

(cc) "Secretary" means the Secretary of the Interior.

(dd) "Significant Effect on the Environment" means a substantial, or potentially substantial, adverse change in the environment, including land, air, water, minerals, flora, fauna, ambient noise, cultural areas, and objects of historic, cultural, or aesthetic significance.

(ee) "Sublease" means 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 the lease.

(ff) "Trespass" means any unauthorized occupancy, use of, or action on the Tribe's land.

(gg) "Tribal Court" means the Court of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(hh) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(ii) "Tribal Trust Land" means the surface estate of any tract of land held by the U.S. in trust or restricted status for the benefit of the Tribe. 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. 477).

(jj) "Trust or Restricted Status" means (1) that the United States holds title to the tract in trust for the benefit the Tribe or (2) that the Tribe 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.

(kk) "WEEL" means a Wind Energy Evaluation Lease, which is a short-term lease that authorizes possession of Tribal Trust Land for the purpose of installing, operating, and maintain instrumentation, and associated infrastructure, such as meteorological towers, to evaluate wind resources for electricity generation.

(ll) "WSR Leases" are Wind and Solar Resource leases, which are leases that authorize possession of Tribal Trust Land for the purpose of installing, operating, and maintaining instrumentation, facilities, and associated infrastructure, such as wind turbines and solar panels, to harness wind and/or solar energy to generate and supply electricity: (1) For resale on a for-profit or non-profit basis; (2) To a utility grid serving the public generally; or (3) To users within the local community (e.g., on and adjacent to the Tribe's Reservation).