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[2003]
In consideration of the foregoing affirmations and agreements, the payment of
$ __________, the Tribal Council of the Stockbridge-Munsee Community of Wisconsin,
hereby grants to ________________________ a standard assignment under Article
VII, Section 1 (f) of the Stockbridge-Munsee Community Constitution, of the
following described tract of land:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Subject the following conditions:
1. The assignee shall be entitled only to the use and occupancy of the land and tribal improvements thereon. This assignment and the rights granted thereunder, may not be sold, but may be exchanged for another assignment with the approval of the Tribal Council and the assignee or assignees.
2. Except as otherwise provided in the land use section, VI (a), VI (b) and VI (c) of the application, all timber, water rights, and mineral rights and the right to take assessments on the land for public purposes are reserved to the tribe, but all grants of right-of-ways shall be in accordance with the regulations of the Department of the Interior and laws appertaining there to. The assignee may cut and remove timber for domestic use only, such removal to be subject to any applicable rules of the Indian Forestry Service governing the cutting or removing of timber.
3. If this land is not used in accordance with section VI (a) or VI (b) of the application, whichever section applies, or any condition set forth in Ordinance No. 1-Lands, or if proper methods for the preservation of the fertility of the soil are not used, this assignment may be revoked or modified by the Tribal Council through such proceedings as may be necessary.
4. This assignment may be modified with the consent of the assigned by a reduction in acreage, or by the granting of additional acreage to suit the changed needs of the assignee. The land-use plan may also be modified to suit the changing needs of the land with the approval of the governing body, the assignee, and the superintendent.
5. The assignee may designate in writing a person whom he wishes to receive his assignment upon his death, and the reassignment of said land shall be made to such designated person, provided the person designated is eligible to receive a standard assignment and provided the land is found by the governing body to remain available for assignment and not be required for tribal public purposes. If an assignee married to a white spouse or to an Indian spouse not a member of the Stockbridge-Munsee community, dies without issue, the surviving white or Indian spouse shall not be eligible for reassignment of the land, but shall be entitled to occupancy or the home buildings and a reasonable amount of ground for a subsistence garden space during his or her natural life; provided, however, he or she does not re-marry a person not a member of the Stockbridge-Munsee Community. Provided further that if he or she does not choose to remain on the assignment; he or she shall be entitled to compensation from the new assignee for the value of the improvements placed thereon by the assignee (if not otherwise disposed of) and shall be allowed a reasonable time not to exceed six (6) months, to vacate the assigned land. If the deceased assignee leaves minor children as a result of such a marriage who are eligible to receive an assignment upon reaching a specified age, the surviving spouse shall, with the sanction of the governing body, have the right to continue to use and occupy the assignment during the minority of the children, under a Land-use permit to be issued by the governing body for the benefit of the Children.
6. Buildings and other improvements placed upon the land by the assignee shall be recognized as personal property.
In the event the assignee relinquishes the assignment or upon cancellation thereof, improvements made by the assignee upon the land covered by this assignment may be sold or removed by him, and he shall vacate the premises within thirty days from date of written notice to do so. However, no permanent improvements may be removed without the consent of the Tribal Council. Upon his death and in the event none of his heirs or other persons designated by him wish to receive a reassignment covering this land, the permanent improvements placed on the land by the original assignee may be sold by his heirs. The conditions of any such sale must be approved in advance by the Tribal Council.
7. In the event of any dispute over the terms of this assignment, such dispute shall be settled in the following manner:
(a) If any individual member of the tribe or group of members object to the granting of this assignment or reassignment, such protests shall be made in writing within thirty (30) days from date of granting the assignment and shall be submitted to the Commissioner of Indian Affairs through the Tribal Council and Superintendent.
Upon receiving such a protest, the Commissioner shall authorize the creation of a Board of Appeals, one member to be named by the person or group making the protest; one to be named by the Tribal Council, and a third member to be designated by the Commissioner of Indian Affairs, provided, that the third member shall not be affiliated with the Stockbridge-Munsee Community and shall not be an employee of the Indian Service within the administrative region.
(b) If an assignment is revoked without the consent of the assignee, he may thereupon appeal within sixty (60) days from the date of notice of revocation to the Commissioner of Indian Affairs, who pending a decision by the Board of Appeals as described above, assignee to the continued use and occupancy of the assignment shall not be abridged.
(c) If the Superintendent objects to the granting of this assignment or to the revocation of the assignment or to the manner in which the terms of an assignment are carried out, he may protest to the Commissioner of Indian Affairs who shall thereupon establish a Board of Appeals as contemplated by the above sub-division (a).
(d) If any dispute arises other than those designated in (a), (b), and (c), the assignee shall have the right of appeal to the Commissioner of Indian Affairs who thereupon shall establish a Board of Appeals as above provided for in subdivision (a).
(e) No appeal or protest to the Commissioner of Indian Affairs seeking the establishment of a board of appeals shall be proper or effective unless the person making such appeal or protest has first presented the matter to the governing body and the governing body has failed or refused to take the desired action within two (2) months time.
(f) The decision rendered by the Board of Appeals in any of the above disputes shall be final.
8. The undersigned, officers of the Stockbridge-Munsee Community, do hereby attest that on ____________________________, the Tribal Council duly granted this Standard assignment in accordance with Article VII, Section 1 (f), of the Constitution of the Stockbridge-Munsee Community.
Accepted ___________________________ (date)
___________________________________ President
___________________________________ Assignee
___________________________________ Secretary
Seal
This agreement to be executed in triplicate, the original to be retained by
the Tribal Council, duplicate copy to assignee, triplicate copy to the superintendent.