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A. An assignment does not vest title to the assigned land in the assignee, but is an exclusive use right only, which right cannot be sold or inherited and which terminates upon cancellation, relinquishment of the assignment, or, upon the death of the assignee, except as set forth in WTC 15.05.100(A). Unlike the land itself, and in accordance with the provisions of WTC 15.05.050, certain improvements made upon assignments (such as houses) are personal property subject to transfer or inheritance.

B. All timber and minerals, including sand, gravel, oil, and gas, are reserved to the members of the Wiyot Tribe, acting through the Tribal Council, with the right to explore, lease, or dispose of said timber and minerals in accordance with the Constitution and bylaws of the Wiyot Tribe and regulations prescribed by the Secretary of the Interior and existing laws.

C. There is also reserved to the members of the Wiyot Tribe, acting through the Tribal Council, the right to grant easements and rights-of-ways over any assignment for public purposes in accordance with the Constitution and bylaws of the Wiyot Tribe, and other applicable laws. The members of the Wiyot Tribe further reserve the right of reasonable ingress and egress (i.e., entry and exit) over any assignment to other Tribal lands. The right to grant rights-of-way and rights of ingress and egress over an assignment is subject to reasonable payment to the assignee for any damage to the assignee’s improvements or crops.

D. Assignments which are granted pursuant to this chapter are granted for the specific purpose of providing a home site for the assignee and for other similar personal uses. Assignments may not be put to commercial use without express prior written consent of the Tribal Council.

E. Assignments shall be of a size to accommodate the objective of the assignment; provided, that the established policy for residential assignments shall be limited to a maximum size not to exceed the size of the standard residential assignment issued on lands acquired and developed in connection with the stipulated judgment in Table Bluff Band of Indians, et al. v. Lujan, et al., No. C-75-2525.

F. By acceptance of an assignment, the assignee agrees to be bound by and to comply with the terms of this chapter and any occupancy agreement which may be required to be executed in the case of Bureau of Indian Affairs Housing Improvement Program, HUD housing or other similar programs.

G. An assignment and use thereof is subject to all applicable laws and ordinances including but not limited to any Tribal land use and health and safety ordinances.

H. The assignee shall pay any type of reasonable assessments relating to use, development and maintenance of the assigned land and approved by the Tribal Council, including but not limited to monthly fees for street lights at intersections, water, sewer, garbage disposal and insurance. [Ord. 5-91 Art. IV, approved 3/11/91.]