SISSETON-WAHPETON SIOUX TRIBE

~----COuncil Adopted

l.-;l -CG_'1,.]

CRAPTER 62

FORCIBLE ENTRY·' UNLAWFUL DETAINER CODE

This Code is intended to establish procedures which will allow forlaw·ful eviction from premises upon order of the Tribal Court.

62-01-01 FORCIBLE ENTRY AND UNLAWFUL DETAINERNo person shall make entry into lands or tenements except incases where entry is allowed under law, and in such cases theperson shall not enter by force, but only in a peaceablemanner.

62-02-01 UNLAWFUL DETENTION OF LANDS OR TENEMENTSWhen any person has made unlawful or forcible entry into landsor tenements, and detains the same, or having peaceablyentered, unlawfully detains the same, the person entitled tothe premises may recover possession thereof in the mannerhereinafter provided. A seizure under section 62-03-01through 62-03-03 for which there is not a defense underSections 62-03-04 through 62-03-06, constitutes unlawfuldetention by a holder.

62-03-01 RECOVERY OF POSSESSIONWhen any person holds over lands or tenements after a sale ofthose lands or tenements on an execution, a jUdgement, theforeclosure of a mortgage where the time for redemption haspassed, or after termination of contract to convey the same,provided that if the person holding such lands or tenementsafter the sale, foreclosure, or termination has received atleast one month's written notice of the termination of his/herpossession or tenancy as a result of the sale, foreclosure, ortermination; then in all such cases the person entitled to thepremises may recover them from the person holding them over.

62-03-02 In all cases when any person holds over lands or tenementsafter termination of the time for which they are leased ordemised to that person, or to the persons from Whom thatperson SUbleasing, then in all such cases the person entitledto them may recover.

62-03-03 When any person holds over lands or tenements contrary to theconditions or covenants of the lease or agreement under whichthat person holds, or after rent becomes due according to theterms of such lease or agreement; or when any tenant at willholds over after the determination of any such estate bynotice to quit; in all such cases the person entitled to thepremises may recover possession thereof in the mannerhereinafter provided.

62-1

62-03-04 It shall be a defense to an action for recovery of thepremises following the alleged termination of a tenancy bynotice to quit for the defendant to prove by a fairpreponderance of the evidence that:

1. the alleged termination was intended in whole or in partas a penalty for the defendant's good faith attempt tosecure or enforce rights under a lease or contract, oraior written; or under the laws of the Sisseton-Wahpetonsioux Tribe, any of its government entities, or of theUnited States; or

2. the termination was intended in whole or in part as- apenal ty for the defendant's good faith report to agovernmental authority of the plaintiff's violation ofany health, safety, housing or building codes orordinances.

62-03-05 If the notice to quit was served within 90 days of the date ofthe act of the tenant coming within Section 62-03-04,subsections 1. or 2. the burden of proving that the notice toquit was not served in whole or in part for a retaliatorypurpose shall rest with the plaintiff.

62-03-06 In any proceeding for the restitution of the premises upon theground of nonpayment of rent, it shall be a defense thereto ifthe tenant establishes by a preponderance of the evidence thatthe plaintiff increased the tenant's rent or decreased theservices as a penalty in whole or in part for any lawful actof the tenant as described in Section 62-03-04, subsection 2.,providing that the tenant tender to the court or to theplaintiff the amount of rent due under the tenant's originalobligation.

62-03-07 -Nothing herein shall limit the right of the lessor pursuant tothe provisions of section 62-03-04, sUbsection 1., toterminate a tenancy for a violation of a lawful, materialprovision of the lease or contract, whether written or oral,or to hold the tenant liable for damage to the premises causedby the tenant or a person acting under the tenant's directionor control.

62-04-01 NO RESTITUTION IF HOLDER OR TENANT HOLDS OVER FOR THREE YEARSIf a party holds over lands or tenements after the terminationof that person's lease, then no restitution shall be madeunder this chapter of those lands or tenements of which theparty complained if the person's ancestors, or those underwhom the person holds the premises, have been in quietpossession for three years after the termination of the leasebefore the filing of the complaint. This section shall notapply to those lands upon which a foreclosure or mortgage orleasehold interest has been ordered, noticed and for which aperiod of redemption has expired.

62-2

62-05-01 COMPLAINT AND SUMMONSThe person complaining shall file a complaint with the TribalCourt, describing the premises of which possession is claimedinsufficient detail .to identify them, stating the facts whichauthorize ·the recovery, and praying for restitution of thepremises. The court shall issue a summons, commanding theperson against whom the complaint is made to appear before thecourt on a day and at the place in the summons. theappearance shall not be less than seven (7), nor more thanfourteen (14) days from the day on which the summons wasissued. A copy of the complaint shall be attached to thesummons, which shall state that the copy is attached and thatthe original has been filed.

62-05-02 SUMMON; HOW SERVEDThe summons shall be served at least seven (7) days prior tothe date set for hearing in the manner provided for service ofa summons in the Rules of civil Procedure of the Sisseton­Wahpeton sioux Tribe.

62-06-01 ANSWER; TRIALAfter return of the summons, at the time and place appointedtherein, the defendant, on appearing, may answer thecomplaint. In the answer all matters, whether in excuse,justification, or avoidance of the allegations shall be setforth, in accordance with the Rules of civil Procedure. Thecourt shall hear and determine the action, but may continuethe trial pursuant to section 62-07-01. Such matter shallonly be heard by the assigned judge. Such matters shall notbe determined by a jury trial. The proceedings in such trialsshall be the same as in other civil actions, except as isprovided otherwise in this Chapter.

62-07-01 CONTINUANCE AND BONDThe court, in its discretion, may continue the trial suasponte or by motion of the parties. Except in an action upona written lease signed by both parties thereto, if thedefendant or the defendant's agent or attorney shall make oaththat the defendant cannot safely proceed to trial for want ofa material witness, and names the witness, and states that thedefendant has made due effort to secure the presence of thewitness, and believes that the continuance, if allowed, willresult in the presence of the witness at trial, or will permitthe deposition of the witness to be taken and introduced attrial, and shall give bond conditioned to pay to the plaintiffall rent which may accrue during the pendency of the action,together with all costs and damages consequent upon suchcontinuance, the court shall continue the trial for such timeas may appear necessary, not exceeding three (3) months.

62-3

62-08-01 JUDGEMENT; EXECUTIONIf the court finds for the plaintiff, the court shallimmediately enter judgement that the plaintiff haverestitution of the premises and tax the· costs for theplaintiff. The court shall issue execution in favor of theplaintiff for the costs and also immediately issue a writ ofrestitution. Upon showing by the defendant that restitutionof the premises would work a substantial hardship upon thedefendant or the defendant's family, the court shall stay thewrit of ·restitution for a reasonable period, . not exceedingseven days. If the court finds for the defendant, the courtshall enter judgment for the defendant, tax costs against theplaintiff, and issue execution therefore.

62-09-01 WRIT OF RESTITUTION; EFFECT OF APPEALIf the party against whom the jUdgment for restitution isrendered or the party's attorney states to the court an intentto take an appeal, a writ of restitution shall not issue fortwenty-four (24) hours after judgment. In an action on alease, against a tenant holding over after the expiration ofthe term thereof, or termination of the lease by notice toquit, such writ may issue immediately, notwithstanding suchnotice of appeal only if the plaintiff gives a bondconditioned to pay all costs and damages in the event that theappellate court reverses the jUdgment of restitution and a newtrial is ordered.

62-10-01 APPEAL; STAYA party who feels aggrieved by the judgment may appeal withinten (10) days, except that if the party appealing remains inpossession of the premises, bond shall be conditioned to payall costs of such appeal and the party shall abide any orderthe court may make therein, and shall pay all rents and otherdamages justly accruing to the party excluded from possessionduring the pendency of the appeal. Upon the taking of suchappeal all further proceedings in the case shall be stayed,except that in an action on a lease against a tenant holdingover after the expiration of the term of the lease ortermination by notice to quit, if the plaintiff gives bond asprovided in Section 62-07-01 a writ of restitution shall issueas if no appeal had been taken and the appellate court shallthereafter issue all needful writs and processes to carry outany judgement which may be rendered in such court.

62-11-01 APPEAL AFTER ISSUANCE OF WRIT; STAYIf a writ of restitution has issued before the taking of anappeal, the court shall give appellant a certificate of theallowance thereof. Upon being served with such a certificate,the officer having the writ shall cease all furtherproceedings thereunder, and if the writ has not beencompletely executed the defendant shall remain in possessionof the premises until a determination of the appeal, but thisSection shall not apply to a case where the judgement ofrest.itution has been ent.ered on a lease against a tenantholding over after t.he expiration of the lease term, or afterthe terminat.ion of the lease period by notice to quit.

62-4

~2-12-01 DISMISSAL OF APPEALSIn all cases of appeal, the appellate court shall not dismissor quash the proceedings for want of form only, provided theyhave been conducted substantially in accordance with theprovisions of this Chapter. Amendments may be allowed at anytime, upon such term~ as to the court may appear just, in thesame cases and manner and to the same extent as in civilactions. the court may compel the Tribal Court, byattachment, to make or amend any return which is withheld orimproperly or insUfficiently made.

62-13-01 EXECUTION OF THE WRIT OF RESTITUTION

62-13-02 GENERALThe officer holding the writ of restitution shall execute thesame by making a demand upon the defendant if found upon thereservation, or any adult member of the defendant's familyholding possession of the premises, and that the defendantleave, taking family and personal property from such premiseswithin twenty-four (24) hours after such demand, unlessotherwise ordered by the court. If the defendant fails tocomply with the demand, the officer shall bring, if necessary,the force of the Sis~eton-Wahpeton Sioux Tribe and whateverassistance may be necessary, at the cost of the complainant,and shall remove the said defendant, together with family andany and all personal property from the premises. Thedefendant shall be restrained from the premises, andpossession shall immediately be placed in the plaintiff. Incase the defendant cannot be found upon the reservation, andthere is no person in charge of the premises detained, so thatdemand for the premises cannot be made upon the defendant,then the officer shall be authorized to enter the premises,breaking in if necessary, and the property of the defendantshall be removed and stored in a place designated by theplaintiff as provided in Section 62-14-01.

62-14-01 REMOVAL AND STORAGE OF PROPERTYIn a case where the defendant's personal property is to bestored in a place other than the premises, the officer shallremOVe all property of the defendant at the expense of theplaintiff.

62-14-02 The plaintiff shall have a lien upon all property so removed,which lien shall be for the reasonable cost of removing,properly caring for, and storing the same, as well as thecosts of transporting the property to a suitable place forstorage. In the case where the defendant shall refuse to makeimmediate repayment of the costs of removal from the premisesof the property, the plaintiff shall have the right to enforcesuch lien by detaining the defendant's personal property untilthe lien is paid, or in case of nonpayment, for sixty (60)days after the execution of the writ, and shall have the rightto enforce the lien and foreclose the same by public sale.

62-5

62-14-03 In cases where the defendant's property is to be stored on thepremises, the officer shall enter the premises, breaking in ifnecessary, and the plaintiff may remove the defendant'spersonal property. The plaintiff must prepare an inventory ofthe property and mail a copy to the defendant's last knownaddress, or, if the defendant has provided a differentaddress, to that address. The inventory must include thefollowing:

1. a listing of the items of personal property and adescription of the condition of the propertYi

2. the date, the signature of the plaintiff or theplaintiff's agent, and the name, address, and telephonenumber of a person authorized to release the personalproperty; and

3. the name and badge number of the officer.

62-14-04 The officer shall retain a copy of the inventory. Theplaintiff is responsible for the proper removal, storage, andcare of the defendant's personal property and is liable forany damage, loss, or injury to the defendant's personalproperty caused by the plaintiff's failure to exercise care inregard to it as a reasonably careful person would exerciseunder similar circumstances.

62-14-05 The plaintiff shall notify the defendant of the date and theapproximate time the officer is scheduled to remove thedefendant, family, and personal property from the premises.The notice must be sent by certified, registered mail. Inaddition, the plaintiff must make a good faith effort tonotify the defendant by telephone. The notice must be mailedas soon as the information regarding the date and approximatetime the officer is scheduled to enforce the writ is known tothe plaintiff, except the scheduling of the officer to enforcethe writ need not be delayed because of the noticerequirement. The notice must inform the defendant that thedefendant and the defendant's personal property will beremoved from the premises in the event the defendant has notvacated the premises by the time specified in the notice.

62-15-01 PENALTY; WAIVER PROHIBITEDUnless the premises have been abandoned, a plaintiff, agent,or other person acting under the plaintiff's direction orcontrol who enters the premises and removes the defendant'sproperty in violation of this Section is liable for damagespursuant to Section 62-14-03. The provisions of this Sectionmay not be waived or modified by any oral or written lease orother agreement.

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62-16-01 UNLAWFUL REMOVAL OR EXCLUSION; RECOVERY OF POSSESSION

62-16-02 UNLAWFUL EXCLUSION OR REMOVALFor purposes of this Section, "unlawfully removed or exclUded"means actual or constructive removal or exclusion. Actual orconstructive removal or exclusion may include the terminationof utilities, or the removal of doors, windows, or locks. Anytenant who is unlaWfully removed or excluded from lands ortenements .may recover possession of the premises in thefollowing manner:

1. The tenant shall present a verified petition to theTribal Court which shall:

a. describe the premises of which possession isclaimed and the owner of the premises;

b. state the facts and grounds that demonstrate thatthe removal or exclusion was unlaWful inclUding astatement that no jUdgment or writ of restitutionhave been issued in favor of the owner and againstthe petitioner as to the premises and executed inaccordance with sections 62-08-01 and 62-16-02; and

c. ask for possession thereof.

2. If it clearly appears from the specific grounds and factsstated in the verified petition or by separate affidavitof the petitioner or petitioner's counselor agent thatremoval or exclusion was un Lawfu L, the court shallimmediately order that the petitioner have possession ofthe premises.

3. The petitioner shall furnish monetary or other securityif any as the court deems appropriate under thecircumstances for payment of all costs and damages thedefendant may sustain if the order sUbsequently found tohave been wrongfully obtained. In determining theappropriateness of any security the court shall considerpetitioner's ability to afford monetary security.

4. The court shall direct the order to the officer and theofficer shall execute the order immediately upon thedefendant, if found, or the defendant's agent or otherperson in charge of the premises, for possession of thepremises. If the defendant fails to deliver thepremises, or otherwise comply with the demand, theofficer shall take whatever assistance may be necessaryand immediately place the petitioner in possession of thepremises. The off icer shall a Iso serve the order andverified petition or affidavit without delay upon thedefendant or agent, in the same manner as a summons isrequired to be served in a civil action in the TribalCourt.

62-7

62-16-03 WRITTEN MOTION AND NOTICE SERVEDThe defendant by written notice and notice served by mail orin person upon the petitioner or the petitioner's agent orattorney at least two days prior to the hearing date on themotion may obtain dissolution or notification of the order forpossession, issued pursuant to 62-16-02,. clause 2., unlesspetitioner proves the facts and grounds upon which the writ isissued. A defendant bringing a motion pursuant to thisSection may recover possession of the premises only inaccordance with the provisions of Section 62-03-01 to section62-13-01 or as otherwise provided by law. Upon dissolution ofthe order, the court shall tax costs to the petitioner, andmay allow damages and reasonable attorney's fees for thewrongful granting of the order for possession. If the orderis affirmed the court shall tax costs against the defendantand may allow petitioner reasonable attorney's fees.

62-16-04 ORDER ISSUEDAn order issued under section 62-16-02, clause 2., or affirmedor dissolved under Section 62-16-0] is a final order forpurposes of appeal and either party aggrieved by the order mayappeal within ten (10) days after the entry of the order. Ifthe party appealing remains in possession of the premises,bond shall be conditioned to pay all the costs of the appeal,to abide by the order the court may make and to pay all rentand other damages justly accruing to the party exclUded frompossession during the pendency of the appeal.

62-16-05 PROVISION; ORAL OR WRITTENAny provisions, whether oral or written, of any lease or otheragreement Whereby any provision of this section is waived bya tenant is contrary to pUblic policy and is void.

62-16-06 ADDITIONAL AND SUMMARY REMEDYThe purpose of this section is to provide an additional andsummary remedy for tenants unlaWfully removed or excluded fromrental property and, except as where expressly provided inthis section, shall not apply to leasehold interests under amortgage or other exclusively non-rental relationships.

62-16-07 The provisions of this section shall only apply to tenants andbui Idings as those terms are def ined in the def ini tion Sectionthis Chapter.

62-17-01 HUD REPRESENTATIVE AUTHORIZATIONAs part of the FHA § 248 Program, representative of theDepartment of Housing and Urban Development are authorized tohave access to property on the Reservation included in theprogram for the purpose of serving the property in case ofrecovery of possession and restitution of the property.

62-8

62-18-01

62-19-01

S. W. S.T. COOto Amendmem3' New AdoptionJUdicial Approved~-d+-g~

Council Adopted)O-ot-~')l

NO WAIVER OF SOVEREIGN IMMUNITYThis Code is not a waiver of the Sisseton-Wahpeton sioux Tribesovereign immunity from suit. Nothing contained within thisCode shall constitute nor be construed as a waiver of theSisseton-Wahpeton sioux Tribe's sovereign immunity from suit.

SEVERABILITYIf any clause, sentence, paragraph, section, or part of thiscode shall, for any reason be adjudicated by any Court ofcompetent jurisdiction, to be invalid or unconstitutional,such jUdgment shall not affect, impair, or invalidate theremainder thereof, but shall be confined in its operation tothe clause, sentence, paragraph, section, or part thereofdirectly involved in the controversy in which the jUdgmentshall have been rendered.

62 -9

II Sisset:n-Wahpeton Sio:x TribeLake Traverse Reservation

P. O. Box 509Agency Village, South Dakota 57262

Phone (605) 698-3911

RESOLUTION NO. SWST-93-2Q1,

ESTABLISHING THE LIEN PRIORITY PROCEDURE AS DESCRIBEDIN THE LAW OF THE STATE OF SOUTH DAKOTA FO~ THEPURPOSES OF LIEN ENFORCEMENT BY HUD ON LANDS OF THESISSETON-WAHPETON SIOUX TRIBE ALSO KNOWN AS THESISSETON-WAHPETON DAKOTA NATION

WHEREAS, the Sisseton-Wahpeton Sioux Tribe also known as theSisseton-Wahpeton Dakota Nation of the Lake TraverseReservation is organized under a Constitution andBylaws by members of the Sisseton-Wahpeton Sioux Tribealso known as the Sisseton-Wahpeton Dakota Nation onAugust 1-2, 1966, and approved by the Commissioner ofIndian Affairs on August 25, 1966; and

WHEREAS, the said Constitution and By-laws mandates at ARTICLEII. Section 1. that the Tribe shall be governed by theTribal Council, and at ARTICLE VII, Section 1, that theTribal Council shall have the power to Ca) representthe Trib~ in all negotiations with Federal, State andlocal gOI.ll?I-nments; (d) to make rules governing therelationship of the members of the .Tribe, to Tribalproperty, and to one another as member~ of the Tribe;(fl to deposit Tribal funds to the credit of the Tribe:(g) to take actions by ordinance, resolution orotherwise which are reasonable necessary to carry intoeffect the foregoing purposes; (h) to promote publichealth. education, charity, and such other sel'vices asmay contribute to the social advancement of the membersof the T,' Lbe : and ( i ) to adopt resolutions ,-s?ulati no?the procedul'es of the Tribal Council. its officials andcommittees in the conduct of Tribal Affairs: and

WHEREAS, the Tribal rouncil ofalso known as thewishes to ~stdblisll a

the Sisseton-Wdhpaton ~,ioux Tr"ibaSisseton-Wahpeton Dakota Nation1 i e n pr io r it y o roc e du re •

NOW. THEREFORE, BE IT RESOLVED by the Tlil)0I1 Council of r:',8::,is~.eton-\..,~-jhpeton ':=.ioux t r ioe also k nocrn 35· th~

s i s.s e t.o n -['J 'lhp·~tOIl [J.Jkr)ta t"-latioll hel"o:;-bY a:jopts t..h·~·

3tt3ched "I-dinan('8 '~J3-2(}1 "'Ihi...:.h ,~-::.t'_-lbli,,=;h·?s d l Is nc r i o ri t.v pl·J(",-:dur·:"" as ,jesc(ib~,:1 in t l.e la,oJ ;)f th'?- C,t_:l~

(If SI)uth [;,',kc,ta for the pl.)r~'J'):=:,·:S of Lie n enf'~)I-\=',?rn-:':"nt b~.'

HU[l on 1,·~!1;,,:1-3 of th,) -:::,iS~3,~t<)f1-IJahf-J,::,t,)n 'SlOU;." Tribe ~.1'3i)

know"as the Sisseton-wahpeton Jltota Nation.

CERTIFICATION

We. the undersigned duly appointed Chairperi6n and electedTreasurer of the Sisseton-Wahpeton Sioux Tribal Council alsoknown as the Sisseton-Wahpeton Dakota Nation Tribal Council dohereby certify that the above resolution was duly adopted by theSisseton-Wahpeton s Lou x Tr ibal Council also known as· theSisseton-Wahpeton Dakota Nation Tribal Council, which is composedof 18 members, of whom 13 members, constituting a quorum, werepresent at a Sisseton-Wahpeton Sioux Tribal Council also known asthe Sisseton-Wahpeton Dakota Nation Tribal Council m~eting dulynoticed, called, convened and held at the TiWakan Tio Tipi,Agency Village, South Dakota on December 9, 1993, by a vote of11 for, 0 opposed, abstained, 1 absent from vote, '1 not voting, and that said resolution has not been rescindedor amended in any way.

Dated this 9th day of December

ATTEST:

rttk-,10OQ~OJ",-"",PliK~_~a Cloud, TreasurerSisseton-Wahpeton Sioux Tribealso known as Sisseton­Wahpeton Dakota Nation

, 1993.

t2dtltZArnold, R. RYan,~anSisseton-Wahpeton Sioux Tribealso known as Sisseton-WahpetonDakota Nation

I / Sisset:n-Wahpeton Sio~x TribeLake Traverse Reservation

P. o. Box 509Agency Village, South Dakota 57262

Phone (605) 698-3911

RESOLUTION NO. SWST-93-202

ADOPTING THE SISSETON-WAHPETONAS THE SISSETON-WAHPETON DAKOTAUNLAWFUL DETAINER ORDINANCE

SIOUX TRIBE ALSO KNOWNNATION FORCIBLE ENTRY &

WHEREAS, the Sisseton-Warpeton Sioux Tribe also known as theSisseton-Wahpeton Dakota Nation of the Lake TraverseReservation is organized under a Constitution andBylaws by members of the Sisseton-Wahpeton Sioux Tribealso known as the Sisseton-Wahpeton Dakota Nation onAugust 1-2, 1966, and approved by the Commissioner ofIndian Hffairs on August 25, 1966: and

WHEREAS, the said constitution and By-laws mandates at ARTICLEII, Section 1, that the Tribe shall be governed by theTribal Council. and at ARTICLE VII, section I, that trTribal Council shall have the power to la) represer.the Tribe in all negotiations with Federal, state andlocal governments; ld) to make rules governing therelationship of the members of the Tribe, to Tribalproperty, and to one another as members of the Tribe;tfl to deposit Tribal funds to the credit of the Tribe:(g) to take actions by ordinance, resolution orotherwise which are reasonable necessary to carry intoeffect the foregoing purposes; (h) to promote publichealth, education, charity, and such other services asnlay contribute to the social advancement of the membersof the Tribe; and til to adopt ,'ssolutions regulatin)the procedures of the Tribal Council, its officials andcommittees in the conduct of Tribal Affairs: and

WHEREAS, the Tribal Council ofalso known as tt12wishes to establishDetainer Ordinance,

the Sisseton-Wahpeton SiOLIX Tri~~

Sisseton-Wahpeton Dakota Nati')lla Forcible EntrY and IJnlawful

NOW. THEREFORE, BE I T RESOLVED by the Tr i :)a 1 Cou nc i 1 'of t h~Sisseton-Wahp~tol1 Sioux Tribe also known as t\~e

Sisseton-l~ahp,=ton Dakota Nation hel'=bY a dop t.:s th'"attac\1ed Or'clinDnc2 "?]-02. WI"lich 8~:t3blislles 3 F·:)r(.ii~l~

Ent)'y .snd t.rn l aw tu l [J2t.::lin2r Ol·d.irk~n·~·-:._

• ,CERTIFICATION

We, the undersIgned duly appoInted ChaIrperson and electedTreasurer of the SIsseton-Wahpetqn SIoux TrIbal Council alsoknown as the Sisseton-Wa!:1peton Dakota Natio"n Tribal Council do··hereby certifY that the above resolution was duly adopted by theSisseton~Wahpeton Sioux TrIbal Council also known as theSisseton-Wahpeton Dakota Nation Tribal Council, which is composedof 18 members, of whom 13 members, constituting·a quorum, were

·present at a Sisseton-Wahpeton SIoux Tribal CouncIl also known asthe Sisseton-Wahpeton Dakota Nation Tribal CouncIl meetIng. dulynoticed, called, convened and held at the TIWakan TIo TipI,Agency VIllage, South Dakota on December 9, 1993. by a·vote of11-- for. 0 opposed. abstaIned, 1 absent from vote,1 not votIng. and that saId resolutIon has not been rescindedor amended In any way.

Dated thIs 9th day of December

ATTEST:

~'~M Wmx_~. TreasurerSIsseton-Wahpeton SIoux TrIbealso known as Sisseton­Wahpeton Dakota NatIon

, 1993.

Sisset~n-Wahpeton Sio~x TribeLake Traverse Reservation

P. O. Box 509Agenq' Village, South. Dakota 57262

Phone (605) 69~·3911

RESOLUTION SWST-93-204

ESTABLISHING SISSETON-WAHPETON DAKOTA NATION COMPLIANCE WITHFHA SECTION 248 PROGRAM REQUIREMENTS

WHEREAS, the Sisseton-Wahpeton sioux Tribe also known as thesisseton-Wahpeton Dakota Nation of the Lake TraverseReservation is organized under a Constitution andBylaws by members &f the Sisseton-Wahpeton sioux Tribealso known as the Sisseton-Wahpeton Dakota Nation onAugust 1-2, 1966, and approved by the Commissioner ofIndian Affairs on August 25, 1966; and

WHEREAS, the said Constitution and By-laws mandates at ARTICLEII, Section 1, that the Tribe shall be governed by theTribal Council, and at ARTICLE VII, Section I, that theTribal Council shall have the power to (a) representthe Tribe in all negotiations with Federal, State andlocal governments; (d) to make rules governing therelationship of tl,e members of the Tribe, to Tribalproperty. and to one another as members of the Tribe;(f) to deposit Tribal funds to the credit of the Tribe;(g) to take actions by ordinance, resolution orotherwise which are r"easonable neceSS31·Y to cal·,"Y intoeffect the foregoing purposes; (h) to promote publichealth, education, charity, and such other services asmay contribute to the social advancement of the membersof the Tribe: and (i) to adopt resolutions regulatin~

the o r oce du r e s of the T,. ibal Counci I, its off icials andcommittees in the conduct of Tribal Affairs: and

WHEREAS, the Sisseton-Wahpeton Tribal Council also know!, as thpSisseton-Wahpeton Dakota Nation Tribal Council hasdet.ermined that it l--Jill pl-omote th;? social ':1d'./ancerfl2rrtand cubLi c health of thB Sisse.ton-l.J:?l.hpe-ton Siou:-: Tl ih·:,a!:3':) k r.oi-m d:'S th:~' ';i:3set.on-l·Jat-,pi-::!t;:,n ('.1k·,>t"..:-s ~..jat i'_'\1 t.:'participate in tt12 FHA Section 248 Progranl wl,ich ~JilJ

a l Lo.» TrLb a l memb e re to ob r.a i n f i na nc in'. fiJI I'-,'::-ffj,:,· ':'j"(

the Reservation; and

WHEREAS, Th:- T1"1b".1l r.ou nc i l of th;-? c,iss~'ton-lJ.~lhp·-,t_,"jl'1 S·iCiU'>- T, i.l:':dso kr\o~JrI .1'-- t.he '3iss2':.on·'-I,.L3.hr:·,::oton Dah:ot.:1 H-.it ;.)11

hel'~h'i r)r-jopt':=:: tl-,'? ~ttach,?d Crr d in.a nc-; ·~3-0::. l·J:',!.-:":

-~stabli·.;:;h,'-,:,::::: th02 ·:-.is·-,,:'ton-l-J.:'1hp,o-·tofl ·:-.i'-)I_J:'~ T'I-ih_~ :~:=-.. ,j.:n~ll..Jn -:"":lS t.h-: '~i~=.->t(·n -l·Jahpt::t_on [)ahot.~ N..-3tion t·) ,~._'il'Pl"

./

• •with FHA Section 248 Program Requirements.

CERTIFICATION

We, the undersigned duly appointed Chairperson and electedTreasurer of the Sisseton-Wahpeton Sioux Tribal Council alsoknown as the Sisseton-Wahpeton Dakota Nation Tribal Council dohereby certify that the above resolution was duly adopted by theSisseton-Wahpeton Sioux Tribal Council also known as the .iisseton-Wahpeton Dakota Nation Tribal Council. which is composedof 18 members. of whom 13 members. constituting a qu6rum. werepresent at a sisseton-Wahpeton Sioux Tribal Council also known asthe Sisseton-Wahpeton Dakota Nation Tribal Council meeting dulynoticed, called, convened and held at the TiWakan Tio Tipi,Agency village. South Dakota on December 9, 1993. by a vote ofl..L- for, 0 opposed. 0 abstai ned. 1 absent from vote,_1 not voting, and that saiq ordinance has not been rescindedor amended in any way.

Dated this 9th day of December

ATTEST:

Louel a Cloud, TreasurerSisseton-Wahpeton sioux Tribealso known as Sisseton­Wahpeton Dakota Nation

, 1993.

Al.~~~~l~nanSisseton-Wahpeton Sioux Tribealso known as Sisseton-WahpetonDakota NatIon