7.07.040 Definitions

In construing the provisions of this Land Assignment Ordinance, the following words or phrases shall have the meanings designated unless a different meaning is expressly provided, or the context clearly indicates otherwise:

(a) "Assignee" means an eligible tribal participant for whom an assignment is conveyed in accordance with the provisions of this Land Assignment Ordinance.

(b) "Assignment" means the real property located on the Reservation to which assignment rights are made appurtenant and vested in an assignee pursuant to this Land Assignment Ordinance expressly including the following:

(1) any tract of land described in, or delineated on a survey as suitable for the construction of a dwelling or building; and

(2) such tract of land so described or delineated together with any dwelling or building now or hereafter located thereon; and

(3) such other improvements as are now or hereafter made to such tract of land by an assignee in accordance with tribal law for the benefit only of such assignment.

(c) "Assignment conveyance" means the conveyance to an assignee of an assignment and the assignment rights appurtenant thereto.

(d) "Assignment mortgage" is the mortgage of a assignment of property given to secure a loan, and may be created under the auspices of any federal agency or AHA homebuyer or lending program, or any other agreement entered between a borrower/mortgagor and a lender/ mortgagee. An assignment mortgage differs from a standard mortgage to the extent that an assignment mortgage pledges the assignment interest as collateral for the loan, rather than pledging an ownership interest in the real property.

(e) "Assignment rights" means those rights appurtenant to an assignment as specified in this Land Assignment Ordinance.

(f) "Certificate of assignment" means the written instrument by which an assignment conveyance is made.

(g) "Certificate of compliance" has the meaning as set forth in this Land Assignment Ordinance.

(h) "Eligible tribal participant" has the meaning as set forth in this Land Assignment Ordinance.

(i) "Instrument" means any writing or document evidencing or affecting:

(1) The assignment rights of an assignee in and to an assignment including, but not limited to a certificate of assignment and a license of such rights as permitted under Land Assignment Ordinance;

(2) The possessory rights of a tribal member in a tract or parcel of land that is not an assignment, including, but not limited to the St. Regis Mohawk Tribe's Right to Use and Occupancy Deeds;

(3) The rights of a loan program lender in and to an assignment including, but not limited to, an assignment mortgage;

(4) The rights of the Tribe in and to an assignment.

(j) "Loan program" means any loan program, such as the U.S. Housing and Urban Development ("HUD") Section 184 or other loan guarantee programs, any other loan guarantee program, or any other loan program including conventional or traditional mortgages as the same may be approved by resolution of the Tribal Council.

(k) "Loan program lender" means any lender making a loan:

(1) to an assignee secured by an assignment mortgage;

(2) together with any permitted assignee of or successor;

(3) such lender as provided for by the terms of the loan program pursuant to which such loan is made.

(l) "Right to Use and Occupancy Deed" means a written agreement between the Tribe and a tribal member conferring specified rights to a tract or parcel of land pursuant to the use and occupancy procedures of land transactions carried out and administered by the St. Regis Mohawk Tribe.

(m) "Recording", "record", and "recorded" shall mean the act of recording an instrument as a public document in accordance with this Land Assignment Ordinance.

(n) "Reservation" and "Reservation Lands" means the St. Regis Mohawk Reservation, which shall include all lands held in restricted status and in trust by the United States of America for the benefit of the St. Regis Mohawk Tribe.

(o) "Survey" means such maps, surveys, or other documentation defining and delineating assignments therein established as is certified and adopted by Tribal Council for purposes of this Land Assignment Ordinance and duly recorded.

(p) "Tribal Clerk" is the duly elected tribal official designated to perform the recording functions required by this code or any deputy or designee of such person as assigned by Tribal Council.

(q) "Tribal Council" or "Council" means the St. Regis Mohawk Tribal Council, the governing body of the Tribe.

(r) "Tribal Court" is the St. Regis Mohawk Tribal Court as established by the laws of the Tribe or such body as may now or hereafter be authorized by the laws of the Tribe to exercise the powers and functions of a court of law.

(s) "Tribal law" means all laws, resolutions, regulations, ordinances or other form of action by the Tribal Council, and such regulations and policies as are duly adopted by a department of the Tribe in accordance with tribal law.

(t) "Tribe" means the St. Regis Mohawk Tribe ("St. Regis Mohawk Tribe of New York") as recognized by the United States of America.