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Pueblo de San Ildefonso Code.

15.2.1.030 Findings

The Council hereby finds and declares that the current process for members of the Pueblo to obtain ownership of a home through the Northern Pueblo Housing Authority ("NPHA") includes the following:

(a) The Pueblo identifies a vacant parcel of land;

(b) The Pueblo enters into a lease (the "NPHA Lease") with the Northern Pueblos Housing Authority, a federally recognized Tribally Designated Housing Entity ("NPHA") holding authorization from the Pueblos of Picuris, San Ildefonso and Tesuque tribes to obtain and manage Indian Housing Block Grant Program ("IHBG") funding from HUD covering the parcel of land on the Pueblo's reservation where the house is to be located (the "Subject Parcel"), recognizing that, at times, the NPHA lease may cover several parcels (a "master lease");

(c) Since the Subject Parcel is on the Pueblo's reservation, which is held in trust for the Pueblo by the US Government, the Subject Parcel is subject to federal law;

(d) As provided by federal law, the NPHA lease between the Pueblo and the NPHA can only have a maximum term of 50 years (25 year initial term and a second 25 year term); At the end of the 50 year term, title to the Subject Parcel reverts to the Pueblo;

(e) Using IHBG funding or other funds, the NPHA builds a house on the Subject Parcel covered by the NPHA Lease;

(f) Because the NPHA is the lessee under the NPHA Lease, the NPHA, as lessee, owns the house (because the house is attached to the land, if the NPHA Lease did not exist, the house would belong to the Pueblo);

(g) NPHA enters into an "Occupancy Agreement" with a member of the Pueblo (the "Acquiring Member") whereby the Acquiring Member: (1) obtains immediate right to occupy the house; and, (2) if the Acquiring Member performs certain obligations over a specific term of time, the Acquiring Member will acquire the rights the NPHA has in the house;

(h) Currently, when the Acquiring Member fully performs under the Occupancy Agreement, the NPHA transfers to the Acquiring Member all of the NPHA's right, title and interest in the house in the form of a quit claim deed;

(i) The problem with the current arrangement is that although the NPHA is transferring all of its rights as lessee under the NPHA Lease to the Acquiring Member, the NPHA Lease only gives the NPHA the right to occupy the parcel for a maximum of 50 years;

(j) The Pueblo wants the Acquiring Member to be able to occupy and treat the house as his or hers for a period of time longer than the term of the NPHA Lease;

(k) In order to correct the situation, the process needs to be changed to provide that, when the Acquiring Member fully performs under the Occupancy Agreement: (1) the NPHA gives up all rights it has in the parcel and the house (this would require a quit claim deed between the NPHA and the Pueblo for the Subject Parcel); and (2) the Pueblo would immediately give the Acquiring Member an assignment covering the house and the land on which it is located;

(l) There is also an issue as to whether the Pueblo's Governor had the legal authority from the Council to grant the right to occupy specific houses to previous Acquiring Members who had fully and completely performed under the Occupancy Agreement.