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Pueblo de San Ildefonso Code. Responsibilities of the Department of Natural Resources

(a) Application. DNR shall develop a written Application for any member of the Pueblo to apply for approval of a Project.

(b) New Applications. DNR shall keep a chronological list of all Applications for a Project received by the DNR. If an Application seeks assistance and funding from IHS for a Project, DNR shall cooperate with IHS to fulfill the requests for services contained in the Applications in the order the Application was received depending on the nature of the request and the availability of funding; Provided, that the Governor may alter the order of Projects in urgent or emergency situations to protect the health and safety of the citizens of the Pueblo.

(c) Pending Applications and/or Requests for Assistance. DNR shall keep a separate list of any known applications or requests for assistance previously filed with IHS and/or pending with IHS at the time of the approval of this Act. DNR shall apply this Act to the extent reasonably possible to all applications or requests for assistance pending at the time of the approval of this Act.

(d) The DNR shall be authorized to promulgate a rule to establish design criteria for all Projects pursuant to notice and comment rule-making.

(e) The DNR shall review each Application and shall consider the following factors:

(1) The Applicant's land assignment or other indication of the Applicant's property

interest in the home or homesite; Provided, that the burden of proof demonstrating a property interest shall be on the Applicant, and if DNR and/or the Governor cannot determine that a cognizable property interest exists, then DNR and/or Governor may decline to process the Application by providing a written explanation to the Applicant.

(2) Whether the project is designated in an appropriate location including:

i. the nature of the surrounding area including the location of any nearby homes, buildings, and roads;

ii. the amount of available land for the Project;

iii. the length and duration of any disruption to the land;

iv. the availability of all utilities including water, sewer, electricity, gas, and other necessary services, or an explanation of how all basic needs will be met;

v. the impact of the Project on any surrounding or nearby land assignments and homes;

vi. the impact of the Project on the natural environment and whether the least disruptive alternatives have been considered;

vii. whether the project will change or alter the current use of the land;

viii. whether the project will have an impact on future development in the area;

ix. the availability of reasonable ingress and egress to the homesite;

x. the type and condition of the structure to which the utilities will be provided, and whether the Project will improve existing utility service or provide new access to utility services;

(3) Whether IHS has offered any comments or recommendations regarding the design, scope, and cost of the Project;

(4) Whether the project will have any impact on any culturally significant site or have an impact on any religious practice;

(5) Whether the Project will comply with the Pueblo's Tribal Historic Preservation Office requirements and laws including avoiding any disturbance to a culturally significant site;

(6) Whether the Project complies with other applicable laws of the Pueblo.

(f) Preliminary Review of the Application. DNR shall consider the Project Application and the factors listed above, and any other factors that the DNR may reasonably consider to protect the health and safety of the Pueblo and its citizens. DNR shall recommend approval of the Project unless significant factors listed above exist to deny the Project, which DNR shall identify in writing to the Applicant. DNR shall provide the Applicant with an opportunity to address the factors identified that may be cause to deny the Project.

(g) Public Notice and Comment. Upon submission of a final Application for a Project, DNR shall provide General Public Notice of the Project for at least thirty (30) days, including Notice in at least one official monthly Pueblo bulletin or newsletter, in the Rio Grande Sun or similar newspaper of general circulation, and in at least two public locations on the Pueblo, and shall include DNR's preliminary recommendation regarding the Project. DNR shall provide Specific Notice of the Project to all known adjacent landowners or anyone with an adjacent property interest. DNR shall also provide the public and any adjacent interested party with at least thirty (30) days to provide comments and recommendations to DNR regarding the Project.

(h) DNR Recommendation to the Governor. After thorough consideration of the Application and public comments received regarding a Project, DNR shall make a final recommendation to the Governor regarding the approval or rejection of the Project and the reasons therefor. DNR shall provide a final recommendation on a Project within sixty (60) days of the close of the public comment period; provided that DNR may take up to an additional sixty (60) days as necessary by providing written notice of the need for additional time to the Applicant.