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Tribal Legal Code ProjectOverviewIn order for Indian Nations to develop and implement effective housing and community development programs, there is a need to adopt comprehensive tribal codes that address a broad range of housing and community development issues. The tribal code development process, however, is a difficult, expensive, and time-consuming process. Consequently, tribal governments are in need of technical assistance concerning the development of the legal infrastructure necessary to facilitate housing and community development in Indian country which incorporates both general information concerning the tribal code development process and information concerning specific tribal codes (such as housing, land use and planning, zoning, and building codes) which are critical for tribal housing and community development. In 1995-1996, the Office of Native American Programs (ONAP) of the U.S. Department of Housing and Urban Development (HUD) contracted for the design and development of a comprehensive Tribal Housing Code (including eviction and foreclosure procedures). The Tribal Housing Code (see Part Three of this Tribal Legal Code Project) was intended to provide tribal governments with an outline and an illustrative guide for drafting their specific tribal codes and to greatly reduce the cost of designing individual tribal housing codes. This Tribal Housing Code, however, was in need of significant update and revision - especially in light of the enactment and implementation of the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA). Moreover, there is a critical need for expanded tribal legal resource materials. Tribal governments need resource information concerning additional related tribal codes in order to facilitate housing and community development in Indian country. These additional related tribal codes might include zoning, land use and planning, building, commercial, corporations, environmental review, and probate codes. Most of these codes are not easily adaptable to "model" codes since the land use, building, and zoning needs vary substantially from tribe to tribe. Instead, it was determined that it would be useful to provide tribes with representative examples of different types of land use, building, and zoning codes along with explanatory resource materials. This task required a survey of existing tribal codes and an identification of best practices. Moreover, it involved the collection, analysis, and annotation of existing tribal codes - including tribal land use, building, and zoning codes. This project is designed to allow tribal governments to easily access tribal specific resources in a cost-effective manner without having to "reinvent the wheel." It is also designed to demystify the tribal code development process - making it easier for those involved in tribal housing and community development to develop tribal code provisions that more effectively reflect their individual community needs. This Tribal Legal Code Project was prepared for the Office of Native American Programs (ONAP) of the U.S. Department of Housing and Urban Development (HUD) by the Tribal Law and Policy Institute under a contract with ICF Housing and Community Development Group. The Tribal Law and Policy Institute is an Indian owned and operated non-profit corporation organized to design and deliver education, research, training, and technical assistance programs which promote the improvement of justice in Indian country and the health, well-being, and culture of Native peoples. This Tribal Legal Code Project was developed under a very short time frame during February and March 1999. The following people were primary authors of this Tribal Legal Code Project:
This Tribal Legal Code Project also received assistance from Lisa Belenky, Tanya Kean, George Rice, Louis Sgroi, Heather Singleton, David Selden, and the National Indian Law Library. A Draft version of this Tribal Legal Code Project was provided for review and comment at the March 1999 Shared Visions: The Native American Homeownership, Legal and Economic Development Summit, sponsored by HUD. The final version of the Tribal Legal Code Project was developed in April 1999. The following is an overview of the resources contained within this Tribal Legal Code Project:
Each tribal code section is organized to include (1) explanatory information concerning the development of the specific type of code, (2) identification and inclusion of specific tribal codes representing best practices, and (3) analysis and annotation of each of the tribal codes included in the collection. The following is a detailed listing of the tribal codes that are analyzed and annotated in this Tribal Legal Code Project: Land Use and Planning Codes
Zoning Codes
Building Codes
Corporations Codes
Environmental Review Codes
Probate Codes
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