A. An assignment is not subject to inheritance. However, an assignee may designate a beneficiary to receive his or her assignment in the event of his or her death. The premises shall thereafter and upon the death of the assignee be assigned to the named beneficiary, provided he or she is eligible to hold an assignment and makes application for the premises in accordance with the requirements of this chapter, including execution of all necessary forms and agreements.

B. If a beneficiary designated by an assignee to receive his or her assignment upon the assignee’s death is not eligible for an assignment pursuant to WTC 15.05.070(C) and (D), said beneficiary shall be entitled to elect as follows:

C. In the event of the death of an assignee who has not designated a beneficiary, preference in reassignment of the premises shall be given to the surviving spouse or children of the assignee, providing they are otherwise eligible to hold an assignment under the requirements set forth in WTC 15.05.070. If the spouse or a minor child of the assignee is not eligible to hold an assignment, said spouse or minor child may petition the Tribal Council to request they be granted the option set forth in subsection (B)(2)(b) of this section.

D. When a minor is entitled to receive an assignment under the limited circumstances set forth in subsections (B) or (C) of this section, the Tribal Council shall appoint a “Guardian of the Tribal Estate” (hereinafter “guardian”) to hold the assignment until the beneficiary reaches the age of majority. The guardian shall utilize the assignment in a manner which is in the best interest of the beneficiary. Any minor over the age of 12 years who is the subject of such a guardianship and any adult shall have the right to petition the Council to have the guardian removed. The Tribal Council shall remove the guardian and appoint a new guardian for the beneficiary if the Council, after giving notice to the guardian and after a hearing, determines that the guardian has not utilized the assignment to the best interest of the beneficiary. The person appointed guardian by the Council shall be responsible for maintaining the assignment and otherwise complying with the provisions of this chapter.

E. Any provision in this chapter authorizing occupancy of an assignment by a non-Tribal member shall only be applicable in the event of death of the assignee and under the limited circumstances set forth in this chapter. Except as otherwise set forth in this chapter, in the event of domestic separation or dissolution of marriage, the nonassignee spouse and/or minor child of an assignee shall not be granted any right to temporary occupancy under this chapter.

F. Upon becoming eligible for an assignment pursuant to WTC 15.05.070(B), (C) and (D), the eligible beneficiary shall within 30 days of receipt from the Tribe of written notice of eligibility, sent via registered mail, or 180 days from the date said beneficiary first becomes eligible, whichever is soonest, make application for said assignment in accordance with the regular procedure set forth in WTC 15.05.070.

G. An assignment may be exchanged for another assignment or other lands of equal or greater value with the approval of the Tribal Council. An assignment may not be leased or rented except with the express written approval of the Tribal Council; provided, that, Council approval shall not be required for lease or rental of an assignment by the assignee to another Tribal member in connection with an absence of the assignee from the Reservation directly connected to attendance at an educational institution off of the Reservation, military service, incarceration, hospitalization, medical treatment or employment.

H. Any assignee may relinquish his assignment at any time to another eligible Tribal member who is eligible to hold an assignment and makes application for the premises in accordance with the requirements of this chapter, including execution of all necessary forms and agreements. If an assignee does not relinquish to named successor, then upon relinquishment, the premises may be assigned by the Tribal Council to any eligible member. [Ord. 5-91 Art. X, approved 3/11/91.]