2024-01. Trust Land Acquisition Statute of 2024
At a duly called Meeting of the Council held this 27th day of April 2024, the following resolution and Law was adopted.
WHEREAS; the Council is vested with the authority to enact laws and Budget Resolutions pursuant to Article VII, Section 4(a) of the Constitution of the Upper Mattaponi Tribe ("Constitution"); and,
WHEREAS; the Upper Mattaponi Tribe ("Tribe") desires to continue serving and expanding its local economy and community for the benefit of its' Tribal members; and,
WHEREAS; the Tribal Council intends to authorize and direct the Chief of the Tribe to acquire additional lands for housing and economic development purposes for the benefit of the Tribe and the People.
NOW THEREFORE BE IT RESOLVED that the Council hereby enacts the attached law entitled, "TRUST LAND ACQUISITION STATUTE OF 2024".
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on April 27, 2024, at a Regular Meeting with a vote of 6 in favor and 0 opposed, 0 abstaining, and 0 (vacant) absent, pursuant to the authority vested in the Council by the Constitution of the Tribe.
Attachment
Section 1. Title
This Code shall be known as the "Trust Land Acquisition Statute of 2024"
Section 2. Authority
This Code is enacted pursuant to the inherent sovereign authority of the Upper Mattaponi Tribe (also referred to herein as "Tribe") and pursuant to the Constitution of the Upper Mattaponi Tribe, which confers all Legislative power of the Upper Mattaponi Tribe in the Council of the Upper Mattaponi Tribe.
Section 3. Purpose
The purpose of this Act is to authorize and direct the Chief to acquire additional lands for housing and economic development purposes for the benefit of the Tribe and the People.
Section 4. Effective Date
The provisions of this code shall be effective upon the date signed by the Chief of the Upper Mattaponi Tribe, or upon the date of a veto override by the Council.
Section 5. Interpretation
The provisions of this Code shall be interpreted to be in accordance with tribal customary law. Whenever there is uncertainty or a question as to the interpretation of certain provisions of this Code, tribal law and custom shall be controlling, and where appropriate, may be based on the written or oral testimony of a qualified tribal elder, tribal historian, or tribal representative. If the traditions and customs of the Tribe are inconclusive in any matter, the Court shall construe it consistently with applicable textual tribal law. In the absence of applicable tribal customary law or textual tribal law, the Court shall construe it consistently with applicable federal or state law.
Section 7. Severability and Non-Liability
If any section, provision, or portion of this Code is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Code shall not be affected thereby.
Section 8. Authorization to Purchase
The Council hereby authorizes the Chief or his designee or a Tribally Owned Corporation to purchase or acquire land subject to appropriation for such purposes. In making such appropriations, the Council may make restrictions on the total amount expended for a particular tract of land, including price per acre limitations on the amount expended. In the process of purchasing such land, an attorney must be consulted, and before the land can be purchased the attorney shall state in writing to the Council and the Chairman that:
a. Title to be conveyed to the Upper Mattaponi Tribe is sufficient to satisfy the United States in an action under 25 U.S.C. part 151;
b. a phase 1 environmental review reveals no impairments to the land to be purchased; and
c. the other requirements of 25 U.S.C. part 151 likely can be met when the Upper Mattaponi Tribe seeks to put the land into trust.
Section 9. Duty to Apply for Trust Status
Within 180 days of acquiring title of property purchased under this Act, the Chief or his designee shall take the necessary steps to take the land into trust.
