Okla. Stat. tit. 63, § 63-1057

management and control.

A. There is hereby created, with respect to each Indian tribe,

band, or nation in the state, a public body corporate and politic,

to function in the operating area of each Indian tribe, band, or

nation to be known as the "housing authority" of the Indian tribe,

band, or nation. The Indian housing authority shall be an agency of

the State of Oklahoma, possessing all powers, rights, and functions

herein specified for city and county authorities created pursuant to

this act. The Indian housing authority shall not transact any

business nor exercise its powers hereunder until or unless the

governing council of the tribe, band, or nation, as the case may be,

by proper resolution, declares that there is a need for a housing

authority to function for the tribe, band, or nation.

B. Except as otherwise provided in this act, all the provisions

of law applicable to housing authorities created for cities and

counties and the commissioners of such authorities shall be

applicable to Indian housing authorities and commissioners, unless a

different meaning clearly appears from the context. The Chief or

other governing head of an Indian tribe, band, or nation is hereby

authorized to exercise all appointing and other powers with respect

to an Indian housing authority that are vested by this act in the

mayor of a city relating to a city housing authority.

C. The Oklahoma Legislature finds that, under the authority of

this section, state agency Indian housing authorities may be

operated in the area of federally recognized Indian tribes, bands

and nations in this state, upon proper resolution declaring that

there is a need for a housing authority to function in the operating

area of the tribe, band or nation. State agency Indian housing

authorities are funded exclusively with federal funds designated for

the purpose of providing housing in the area of the tribe, band or

nation for whose benefit the housing authority was established. The

state agency Indian housing authorities are managed by tribal

members appointed by the governing head of the tribe. At the time

that state agency Indian housing authorities were authorized to

operate for the benefit of the tribe, band or nation, the tribes,

bands and nations were not eligible to receive federal funding for

housing purposes. Federally recognized Indian tribes, bands and

nations are now eligible to receive federal funding for housing

purposes and many have received federal funds, and many have created

tribal housing authorities for the purpose of providing housing for

their tribal members. In the exercise of their sovereign powers,

some tribes, bands and nations desire or may in the future desire to

undertake the control and management of the state agency Indian

housing authorities created for their benefit and to assume all the

assets and liabilities, while other tribes, bands or nations may

Oklahoma Statutes - Title 63. Public Health and Safety Page 1312

wish to consolidate the state agency Indian housing authority

created or which may be created for their benefit into tribal

housing programs. In the interest of the sovereign power of

federally recognized Indian tribes, economy of efforts, and the

maintenance of cooperative relationships between the state and

federally recognized Indian tribes, and in light of the above

findings, the state hereby authorizes any federally recognized

Indian tribe, band or nation for whose benefit a state agency

housing authority was or may be created, to assume management and

control of the state agency Indian housing authority and all its

assets, as provided in this section.

D. Any federally recognized Indian tribe, band or nation for

whose benefit a state agency housing authority has been or will be

created is hereby empowered to undertake the management and control

of the program of the state agency upon:

1. The assumption of all present and future liabilities of the
of the state agency Indian housing authority and all its

assets, as provided in this section.

D. Any federally recognized Indian tribe, band or nation for

whose benefit a state agency housing authority has been or will be

created is hereby empowered to undertake the management and control

of the program of the state agency upon:

1. The assumption of all present and future liabilities of the

state agency housing authority;

2. The acceptance of all assets of the state agency housing

authority;

3. Upon agreeing to continue to operate a housing authority or

program; and

4. Upon entering into local cooperative agreements for payments

in lieu of taxes in an amount that is not more than the amount

authorized under the Native American Housing Assistance and Self-

Determination Act and rules implementing the act.

E. The governing body of any federally recognized Indian tribe,

band or nation may exercise the power to undertake management and

control of the state agency Indian housing authority created for its

benefit by adopting an ordinance or resolution to undertake

management and control. The resolution or ordinance shall provide

that the tribe, band or nation will assume all the assets and all

the liabilities of the state agency Indian housing authority and

agrees to continue to operate the housing program for the benefit of

its members, and will enter into local cooperative agreements with

payments in lieu of taxes as required in paragraph 4 of subsection D

of this section and in accordance with Section 1066 of this title.

F. Upon the filing of a resolution or ordinance as provided for

in subsection E of this section with the office of the Secretary of

State, the Oklahoma Attorney General, and the office of the county

clerk in the county in which any land being transferred is located,

the management and control of the state agency Indian housing

authority created for the tribe, band or nation, together with the

ownership of all housing authority assets and liabilities shall

transfer to the tribe, band or nation, and the state agency Indian

housing authority for that tribe, band or nation shall cease to

exist. No further action on the state’s part is necessary to

transfer title of all state agency Indian housing authority real

Oklahoma Statutes - Title 63. Public Health and Safety Page 1313

property to the tribe, band or nation. The filing of a copy of this

statute, a certified copy of the required resolution or ordinance

and the legal description of the land(s) shall transfer title. The

land so transferred, until transferred to the ownership of

individual tribal members, is declared to be used for charitable

purposes and to be public property used for essential public and

governmental purposes. The property shall be exempt from ad valorem

taxes, as long as the tribe, band or nation continues to make the in

lieu of tax payments as required in this section.