4.02.070 Procedure

(a) Application. The administrator shall make lease site application forms available to any tribal member seeking a residential lease. An applicant seeking a residential lease site shall complete an application on the form provided him by the administrator. The applicant may list in order of priority up to three desired lease sites. The applicant shall describe the lease sites as completely as possible and shall include a legal description if available. If necessary for adequate identification the administrator shall make a visit with the applicant to the proposed lease sites.

(b) Legal Description. If the applicant is unable to supply a complete legal description of any proposed lease site, the administrator shall request one from the Bureau of Indian Affairs before proceeding further in the certification process for that site.

(c) Zoning. The administrator shall check the proposed lease site against the Official Zoning Map, the Official Lease Map, and the Official Forestry Map, and shall verify on the application that the site is tribal property, is not otherwise leased, is within a residential district, is independent of shoreland/wetland restrictions, and is outside the boundaries of any forestry development project. If the site is encroached by shoreland/wetland restrictions but is partially usable for residential site, the administrator shall so note on the application and inform the applicant. The applicant may then choose to have the administrator continue the certification process of the site so encroached, or may request the administrator to proceed with the certification process on an alternate site.

(d) Flood Plain. The administrator shall check the proposed site against the Official Flood Map. If the site is within a 100 year flood plain the administrator shall so note on the application and inform the applicant. The applicant may then choose to have the administer continue the certification process of the site or may request the administrator to proceed with the certification process on an alternate site. If the applicant directs the administrator to proceed with the certification process of the flood plain site, the applicant shall sign a statement declaring that he is aware that he will be ineligible for tribal or Indian Health Service assistance in the installation of sewer and water facilities. The site shall not, however, be denied certification solely because it is within a 100 year flood plain.

(e) Percolation. The administrator shall refer a site not within a flood plain and meeting the criteria specified in Section 4.02.070(c) to the Indian Health Service to perform a percolation test and to determine the feasibility of locating at the site a private sewer disposal system and well meeting the requirements of Chapter 402. Based on Indian Health Service reports and recommendations the administrator shall determine if the site is suitable for an approved private sewer disposal system and well under Chapter 402. For sites within a flood plain, the applicant shall privately secure and convey to the administrator the information required by this subsection.

(f) Certification - Denial. If the proposed site fails to prove suitable under Section 4.02.070(e), the site shall be denied certification, the applicant shall be so informed, and the administrator shall commence the certification process for an alternative site listed on the applicant's application, or shall consult the applicant to determine his wishes.

(g) Certification - Granted. If the proposed site is found suitable for a private sewer system and well under Section 4.02.070(e), the administrator shall instruct the Bureau of Indian Affairs to prepare a lease for the site. The lease shall specify the type of private sewer disposal system permitted at the site.

(h) Tribal Council Approval. The administrator shall submit to the tribal council for approval the completed lease application, the lease prepared by the Bureau of Indian Affairs, and a draft resolution approving the lease. If the Tribal Council approves the lease resolution, the administrator shall submit all necessary papers to the Bureau of Indian Affairs for execution and recording.

(i) Recording on Official Lease Map. Upon execution and recording of the lease, the administrator shall record on the Official Lease Map the approved lease site, and shall set down the verbal information as required by Section 4.02.080.

(j) Appeal of Administrator Denial. Any denial of lease-site certification made by the administrator may be appealed to the Tribal Council by submitting to the Council the lease application, the administrator's denial of certification and a statement of reasons why the denial should be overridden. The Council in determining any appeal shall apply the provisions of this chapter and Chapters 401 and 402. For purposes of appeal any failure by the administrator to certify or to proceed further in the certification process because of a 403.7(c) conflict or 403.7(e) failure shall be construed as a denial.