7.07.160 Recording Process

(a) The Tribal Clerk shall maintain a permanent record of each transaction affecting Reservation lands, including but not limited to, any actions affecting interests in assignments in accordance with the following:

(1) The Tribal Clerk shall perform the recording functions under this Land Assignment Ordinance.

(2) The Tribal Clerk shall maintain, within its own system of records, a system for the recording of instruments and, as may be directed by Tribal Council, other documentation relating to the lands comprising the Reservation.

(3) The Tribal Clerk shall record instruments only upon the production of a certificate of compliance at the time of recording, which certificate of compliance shall be recorded immediately prior to the instrument to be recorded.

(4) The Tribal Clerk shall endorse the following upon any Instrument received for Recording under this Land Assignment Ordinance:

(A) The date and time of receipt of the instrument;

(B) The filing number, to be assigned by the recording agent, which shall be a unique number for each instrument; and

(C) The name of the individual recording agent or other employee of the Tribal Clerk receiving the instrument for recording.

(5) Upon completion of the above endorsements, the Tribal Clerk shall make a true and correct copy of the instrument, shall certify such copy as being a true and correct copy of the original, shall maintain such copy of the instrument in the records of the recording system, and shall return the original of the instrument to the person that presented the same for recording.

(6) The Tribal Clerk shall maintain a log of each recorded instrument, in which there shall be entered:

(A) The name of the grantor of each instrument, identified as such;

(B) The name of the grantee of each instrument, identified as such;

(C) The date and time of receipt of the instrument by the Tribal Clerk;

(D) The filing number assigned by the Tribal Clerk;

(E) The name of the individual in the Tribal Clerk's office receiving the instrument;

(F) A description of the assignment, which is the subject of the instrument;

(G) A description of the transaction described by the instrument; and

(H) A notation that the certificate of compliance has been tendered.

(7) The Tribal Clerk shall further establish and maintain an up to date index of all instruments recorded by reference to the identification of the assignment to which it relates, both by survey designation and by street address.

(8) The index, the log, and the instruments or copies of the instruments duly recorded shall be made available for public inspection during regular Tribal business hours and pursuant to such reasonable rules as the Tribal Council may from time to time adopt. Subject to subsection (a)(9) of this section, the Tribal Clerk shall provide the public copies of the same and upon request, shall certify a copy as true and accurate.

(9) The Tribal Council may from time to time establish reasonable recording fees, copying fees and fees for the certification of any instrument recorded under the recording system established under this Land Assignment Ordinance.