“Assignment” means an agreement between a lessee and an assignee whereby the assignee acquires all or some of the lessee’s rights and assumes all or some the lessee’s obligations under a lease.

“Best interest of the Tribe” means the balancing of interests in order to attain the highest economic income, provide incentives to increase economic development, preserve and enhance the value of tribal trust land, increase employment and jobs on tribal trust land, and preserve the sovereignty of the Tribe.

“BIA” means the Bureau of Indian Affairs, United States Department of the Interior.

“Development period” means the time period between when a lease is approved and when improvements are expected to be substantially completed.

“Environmental review process” means the process for conducting tribal environmental review to assess whether a proposed development or project contemplated by and/or subject to a lease will have a significant effect on the environment.

“Environmental reviewer” means an official designated by the Tribal Chairperson to conduct the environmental review process.

“Executing official” means the Tribal Chairperson or his or her properly authorized delegate, who is authorized to take all necessary action on leases, including execution, amendments and assignments of the same, as authorized by the Tribal Council.

“Fair annual lease value” means the most probable dollar amount leased land should bring in a competitive open market reflecting all conditions and restrictions of the specified lease agreement, including term, duration, rental adjustments and revaluation, permitted uses, use restrictions, and expense obligations or other considerations that drive commercial viability of a proposed project or development of land where both the lessor and lessee are equally motivated to consummate the lease under the particular market conditions applicable to the transaction.

“Holdover” means circumstances in which a lessee remains in possession of the leased premises after the lease term expires.

“Lease” means a written agreement or contract between the lessor and a lessee whereby the lessee is granted a right to possess tribal trust land for a specified purpose and duration under the authority of this chapter. A lessee’s right to possession will limit the lessor’s right to possess the leased premises only to the extent provided in the lease.

“Leasehold mortgage” means a mortgage, deed of trust, or other instrument that pledges a lessee’s leasehold interest as security for a debt or other obligation owed by the lessee to a lender or other mortgagee.

“Leasing decision” in the context of the environmental review process means the following type of lease transactions: issuance, amendment, sublease, and assignment of leases.

“Lessee” means a person or entity who has acquired a legal right to possess tribal trust land by a lease approved pursuant to this chapter.

“Lessor” means the Tribe.

“LTRO” means the Land Titles and Records Office of the Bureau of Indian Affairs (“BIA”) having jurisdiction/responsibility for the Tribe’s trust lands.

“Project” means any economic development or related activity occurring on tribal trust land.

“Public” means, for purposes of the environmental review process, (1) any enrolled member of the Tribe living or working on tribal trust land and (2) any person holding an interest in land contiguous to any tribal trust land which is the subject of a proposed lease and who may reasonably be expected to experience a significant environmental effect from the intended use of the lease.

“Secretary” means the Secretary of the Department of the Interior.

“Significant effect on the environment” means a substantial, adverse change in the environment, including land, air, water, minerals, flora, fauna, ambient noise, cultural areas and objects of historic, cultural or aesthetic significance.

“Sublease” means, whether capitalized or not, a written agreement by which a lessee grants to an individual or entity a right to possession no greater than that held by a lessee under a lease.

“Tribal Council” means the Wilton Rancheria Tribal Council created pursuant to the Constitution of Wilton Rancheria.

“Tribal Court” and “Tribal Appellate Panel” have the meanings given to them in 10 WRC § 1-101 et seq., Tribal Court, as may be amended.

“Tribal trust land” means any tract held in trust or restricted status by the United States for the benefit of the Tribe.

“Tribe” and “tribal” mean the Wilton Rancheria, a federally recognized Indian tribe. (Res. 2023-04; Res. 2020-30)