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In construing the provision of this chapter, the following words or phrases shall have the meaning designated unless a different meaning is expressly provided, or the context clearly indicates otherwise:

“Age of majority” for purposes of this chapter means 18 years of age.

“Assignee” means one to whom an assignment of Tribal land is made in accordance with the provisions of this chapter.

“Assignment” means a formal right to exclusive use of Reservation land subject to provisions of this chapter as now set forth or as it may be amended from time to time.

“Beneficial use” means the right to use and enjoy an assigned parcel of land. As used in this chapter, any beneficial use is subject to both federal and Tribal laws governing the use of Tribal lands.

“Commercial use” means any activity entered into or carried out for the purpose of earning a monetary profit other than such activities incidental to the primary residential or other similar personal use, such as, home crafts or door-to-door type sales such as Avon, Amway, etc., where said use does not involve regular on-site retail sales and is incidental to the site’s use for residential purposes.

“Dependent” means minor children in the legal and physical custody of the applicant under applicable law and any other person who received major support from and who has resided with the applicant for a period of at least one year immediately preceding an application for a land assignment.

“Guardian of the Tribal estate” means an adult person vested by Tribal law and Council action with authority to manage the legal affairs of a minor child relative to Tribal assets and in accordance with any limitations set forth by the Council in an appointing order of the Council designating a guardian.

“Improvement” means a valuable improvement or addition made to an assignment or an amelioration in its condition, amounting to more than mere repairs or replacement of waste and intended to enhance its beauty, value or utility or to adopt it for new or further purposes. Notwithstanding any other provisions of this chapter, it shall include any and all houses, garages, barns, sheds, interior fences and crops.

“Person” means an individual member of the Wiyot Tribe. The term shall not include the Tribal Council or any of its businesses.

“Public nuisance” means anything which is injurious to health, or is indecent or offensive to senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner of any public park, street or highway.

“Reservation” means all lands within the exterior boundaries of the Wiyot Tribe Reservation, and such other lands as may hereafter be acquired by the Wiyot Tribe, whether within or without such boundaries under any grant, transfer, purchase, gift, adjudication, executive order, Act of Congress or other acquisition.

“Spouse” means husband or wife, within a marriage established under state law.

“Survey” means the use of the principles of land survey to locate, relocate, establish, re-establish, or retrace any property line or boundary of any parcel of land or to determine the position of any monument or reference point. A survey land description shall be acceptable under this chapter when certified by the Tribal Council as an accurate and adequate description.

“Tribal Council” means the Wiyot Tribe Tribal Council, as established in Article VI of the Constitution of the Wiyot Tribe.

“Tribe” means the duly enrolled members of the Wiyot Tribe. [Ord. 5-91 Art. III, approved 3/11/91.]