4.02.120 Termination of Leases
Any lease executed hereunder may be terminated for violation thereof, in accordance with 25 CFR Part 131. Without implying limitation by enumeration, it is expressly stated that ground for termination of any residential lease executed hereafter shall be lessees failure to construct and complete permanent residential improvements within a period of two years from the date of the lease.
APPENDIX B TO CH. 403 - BAD RIVER ORDINANCES
BAD RIVER TRIBE RESIDENTIAL LEASE SITE APPLICATIONS
(a) Applicant(s) Name:
(b) Address:
Phone:
(c) Please describe the residential lease site(s) desired. Listing more than one site may expedite approval if your first choice is denied. If you list more than one site please do so in the order in which you desire them. If you know a complete or partial legal description of the site(s) you are listing, please provide it:
(1) First Choice:
(2) Second and third choices (optional):
(d) I (we) hereby make application for the above lease site to be used for residential purposes
Signature Date
Signature Date
FOR OFFICE USE
(e) Legal description complete? Yes ______ No ______
BIA contacted for description: Date
Complete description:
(f)(1) Zoning Map: Tribal property? Yes ______ No ______
If no, inform applicant. Recommend for second choice.
(2) Zoning Map: State district:
(3) Zoning Map: Shoreline/Wetland encroachments on site?
Yes ______ No ______ If yes, describe type and extent:
(4) Lease Map: Conflict with existing lease?
Yes ______ No ______
(5) Forestry Map: Conflict with forestry project?
Yes ______ No ______
(g) If answer to 6(c) is yes, inform applicant. Does applicant wish to proceed or to go to second choice?
(h) If answer to 6(b) is not residential or if answer to 6(d) or 6(e) is yes, inform applicant, recommend second choice. Applicant informed: Date
(i) Flood plain map: Within flood plain?
If yes, inform applicant. Date
Does applicant wish to proceed or go to second choice.?
Proceed Second Choice
If proceed, applicant(s) must sign the following statement:
I (we) have been informed by the Bad River Lease Administrator that the residential lease site I (we) am (are) seeking is within a flood plain and understand that the site will be ineligible for assistance from the Indian Health Service or the Tribe for in installing or maintaining any sewer or water facilities.
Applicant Date
Applicant Date
(j) Perc Test: Outside flood plain: Referred to IHS date
Within flood plain: Applicant informed of information required.
Date
(k) Results:
(l) Type(s) of private sewer disposal systems permitted on site:
(m) Lease Administrator Date
(1) Denial. The lease site described in line 5 of this application is denied certification for the following reasons:
Applicant informed:
Action taken: Second Choice Appeal
Other
(2) Certification. I, the Bad River Lease Administrator, certify that the lease site described in line 5 of this application meets all the standards for issuing a residential lease as prescribed by this chapter, Bad River Ordinances.
Lease Administrator Date
(n) Referred to BIA for lease preparation: Date
(o) Referred to Tribal Council for approval: Date
(p) Tribal Council action: Approve Disapprove
Date
(q) Applicant informed of Tribal Council action:
Date
(r) Papers forwarded to BIA for execution and recording. Date
(s) Lease executed.
Date
Attach copy of executed lease.
(t) Official Lease Map modified.
Date
SUPPLEMENTARY FORM FOR ALTERNATIVE SITE APPLICATION
(u) Name of applicant(s):
(v) Address: Ph. #
(w) Date of Application:
(x) Second Third Choice (cross out one).
(y) Complete legal description of proposed site:
(z) I (we) hereby make application for the above lease site(s) to be used for residential purposes.
Signature Date
Signature Date
FOR OFFICE USE
(aa) Legal description complete? Yes _______ No _______
BIA contacted for description: Date
Complete description:
(bb)(1) Zoning Map: Tribal property? Yes _______ No _______
If no, inform applicant. Recommend next choice.
(2) Zoning Map: State district:
(3) Zoning Map: Shoreline/Wetland encroachments on site? Yes _______ No _______
If yes, describe type and extent:
(4) Lease Map: Conflict with existing lease? Yes _______ No _______
(5) Forestry Map: Conflict with forestry project? Yes _______ No _______
(cc) If answer to 6(c) is yes, inform applicant. Does applicant wish to proceed or to go to next choice?
Proceed __________ Next choice
(dd) If answer to 6(b) is not residential or if answer to 6(d) or 6(e) is yes, inform applicant, recommend next choice.
Applicant informed: Date
(ee) Flood plain map: Within flood plain?
If, yes, inform applicant. Date:
Does applicant wish to proceed or go to next choice?
Proceed Next choice
If proceed, applicant(s) must sign the following statement:
I (we) , have been informed by the Bad River Lease Administrator that the residential lease site I (we) am (are) seeking is within a flood plain and understand that the site will ineligible for assistance from the Indian Health Service or the Tribe in installing or maintaining any sewer or water facilities.
Applicant Date
Applicant Date
(ff) Perc Test: Outside flood plain: Referred to IHS. Date
Within flood plain: Applicant informed of information required.
Date
(gg) Results:
(hh) Type(s) of private sewer disposal systems permitted on site:
(ii) Lease Administrator Date
(1) Denial. The lease site described in line 7 of this application is denied certification for the following reasons:
Applicant informed
Action taken: Next choice Appeal
Other
(2) Certification. I, , the Bad River Lease Administrator, certify that the lease site described in line 7 of this application meets all the standards for issuing a residential lease as prescribed by this chapter, Bad River Ordinance.
Lease Administrator Date
(jj) Referred to BIA for lease preparation:
Date
(kk) Referred to Tribal Council for approval
Date
(ll) Tribal Council action: Approve Disapprove
Date
(mm) Applicant informed of Tribal Council action
Date
(nn) Papers forwarded to BIA for execution and recording.
Date
(oo) Lease executed
Date
Attach copy of executed lease.
(pp) Official Lease Map modified
Date