The purpose of this article is to assist in making available
to tribal members the benefits of the FHA Section 248 Program, under
which an Indian family may purchase a home located on leased trust
land on the Reservation under an FHA insured loan.
The Tribe shall follow eviction procedures in conformity with
those used by the Menominee Tribal Department of Housing for evictions
from homes and leased land under the FHA Section 248 Program. The
Menominee Tribal Court shall have jurisdiction in eviction procedures.
The Tribe hereby grants its permission to agents or employees
of the United States Department of Housing and Urban Development to
enter trust land on the Reservation for the purpose of carrying out
their responsibilities under the FHA Section 248 Program, including
the serving of process or posting of property in case of eviction.
The Menominee Tribal Court shall exercise jurisdiction over
foreclosures. A mortgage insured under the FHA Section 248 Program
shall be and constitute the first lien in priority of the home.
Tribal trust land shall be leased for purpose of the FHA Section
248 Program using the lease form prescribed by the Secretary of Housing
and Urban Development pursuant to 24 CFR 203.43h(c), 1992 edition,
for use in connection with the FHA Section 248 Program.
Where this article imposes greater restrictions than those contained
in other ordinances, the provision of this article shall govern.
In their interpretation and application, the provisions of this
article shall be held to be minimum requirements and shall be liberally
construed in favor of the Tribe and shall not be deemed a limitation
or repeal of any other Tribal power or authority. The Tribe's
sovereign immunity is not waived or affected hereby.