Title 15 HOUSING

Chapter 15.1 Housing

Part 15.1.1 Housing Authority ICDBG Funding Act of 2016

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R16-007, dated May 25, 2016.

15.1.1.010 Findings

(a) The Northern Pueblos Housing Authority ("NPHA") is the Tribally Designated Housing Authority ("TDHE") for the Pueblos of San Ildefonso, Picuris, and Tesuque, established by such Pueblos pursuant to § 4(18) and (21) of the Native American Housing and Self Determination Act of 1996, 25 U.S.C. §§ 4401 et seq. ("NAHASDA") for developing, operating, and managing housing units assisted by the U.S. Department of Housing and Urban Development ("HUD");

(b) The Pueblo has identified rehabilitation of low-income resident homes as an urgent, high priority housing need in its 2016 Indian Housing Plan;

(c) The Council wishes to authorize NPHA to apply for 2016 Indian Community Development Block Grant (ICDBG) funds on behalf of the Pueblo to finance the rehabilitation of homes of low-income Pueblo residents.

15.1.1.020 Short Title

This enactment shall be known as the "Housing Authority ICDBG Funding Act of 2016."

15.1.1.030 Definitions

(a) "Pueblo" means the Pueblo de San Ildefonso.

(b) "Act" means the Housing Authority ICDBG Funding Act of 2016.

15.1.1.040 Purpose

The purpose of this Act is authorize the Northern Pueblos Housing Authority to apply for and receive funds HUD ICDBG funds to rehabilitate fourteen low income residents' homes.

15.1.1.050 Findings

The Council hereby finds and declares that:

(a) On April 12, 2000, the Council adopted Ordinance No. SI-R00-001, establishing the Northern Pueblos Housing Authority (NPHA);

(b) NPHA is the Tribally Designated Housing Authority ("TDHE") for the Pueblos of San Ildefonso, Picuris, and Tesuque, established by such Pueblos pursuant to §4(18) and (21) of the Native American Housing and Self Determination Act of 1996, 25 U.S.C. §§ 4401 et seq. ("NAHASDA") for developing, operating, and managing housing units assisted by the U.S. Department of Housing and Urban Development (HUD);

(c) The Pueblo has directed NPHA to maintain a waiting list of local residents requesting and eligible to receive home rehabilitation services;

(d) Home inspections of residents requesting services have confirmed numerous serious health, safety, energy efficiency, and code compliance issues that could be resolved by an Indian Community Development Block Grant (ICDBG) funded rehabilitation project;

(e) The number of local residents requesting and eligible to receive home rehabilitation services exceeds all funds the Pueblo is eligible to obtain to provide the needed services;

(f) The Pueblo has identified rehabilitation of low-income resident homes as an urgent, high priority housing need in its 2016 Indian Housing Plan;

(g) The Council wishes NPHA to apply for $605,000 in 2016 Indian Community Development Block Grant (ICDBG) on behalf of the Pueblo to finance the rehabilitation of fourteen homes of low-income Pueblo residents; and

(h) Pursuant to the Notice of Funding Availability for the ICDBG program, NPHA, acting on behalf of the tribe, must meet certain threshold requirements in order to be deemed eligible for funding; and

(i) Acting through NPHA, the Council intends to fully comply with the programmatic and project-related threshold requirements of the ICDBG program.

15.1.1.060 Authorization

The Council hereby certifies that:

(a) A Community Development Statement pertaining to the authorized 2016 ICDBG application for housing rehabilitation, a record of the posting of the Statement, and public meeting record provided to the Council and to be included by NPHA in the ICDBG application documents that all requirements of citizen participation found at 24 C.F.R. 1003.604 have been met;

(b) The 2016 ICDBG application for housing rehabilitation has been made available to residents;

(c) No public comments affecting the content of the ICDBG proposal were received pursuant to the opportunity provided for citizen participation;

(d) The methodology and information provided by NPHA for purposes of meeting ICDBG threshold and service standards, notably in respect to the certification of the income-eligibility of the intended beneficiaries of the project, were systematically collected, are reliable, and are independently verifiable, and are approved by the Council;

(e) The Council accepts the ICDBG funding condition that rehabilitation not be provided to any Current Assisted Stock (CAS) homeowner that is not current in their payments;

(f) For the purpose of ICDBG funding and program delivery, the Council hereby directs NPHA to comply with the applicable provisions contained in the in the Building and Construction Codes as codified in Title 14 of the New Mexico Administrative Code as may be amended from time to time, or the International Building Codes, whichever is more stringent;

(g) For the purpose of ICDBG funding and program delivery, the Council hereby directs NPHA to comply with:

(1) The NPHA Code of Conduct Policy Statement adopted on February 7, 2011 by NPHA Board Resolution Number 11-6;

(2) The applicable provisions contained in the Ninth Amended and Restated NPHA Procurement, Inventory, Disposition, and Housing Standards Policy, adopted on February 7, 2011 by NPHA Board Resolution Number 11-6;

(3) The Fifth Amended and Restated NPHA Management Policy, adopted on March 19, 2014 by NPHA Board Resolution Number 2014-01;

(4) The Fourteenth Amended and Restated Personnel Policy adopted on November 21, 2012 by NPHA Board Resolution Number 2012-10;

(5) The Fourth Amended and Restated NPHA Financial Management and Internal Controls Policy, adopted on February 7, 2011 by NPHA Board Resolution Number 11-6 in relation to administration of ICDBG funds;

(6) The Fourth Amended and Restated NPHA Housing Rehabilitation Standards and Policy adopted on January 19, 2011 by Board Resolution Number 11-1;

(h) The Council affirms that $56,250 in funds set-aside for substantial housing rehabilitation in the Pueblo's 2016 Indian Housing Plan are intended for use as leverage funding in support of the authorized application;

(i) The Council hereby specifically authorizes NPHA to apply for $605,000 in 2016 ICDBG funds on behalf of the Pueblo de San Ildefonso;

(j) The Council hereby approves and adopts this resolution in accordance with the requirements of the Agreement, according to published Council procedures, and authorizes and directs the Governor, or his designee, to take such actions as deemed necessary to carry out the intent of this Resolution and law.

Part 15.1.2 Confirming Delegation of Authority to the Northern Pueblos Housing Authority to Apply for 2017 ICDBG Funding for Rehabilitation of Existing Homes for Low-Income Pueblo Members

15.1.2.010 Short Title

This enactment shall be known as "CONFIRMING DELEGATION OF AUTHORITY TO THE NORTHERN PUEBLOS HOUSING AUTHORITY TO APPLY FOR 2017 ICDBG FUNDING FOR REHABILITATION OF EXISTING HOMES FOR LOW- INCOME PUEBLO MEMBERS," or in the abbreviated form, the "2017 ICDBG GRANT APPLICATION."

15.1.2.020 Purpose

The purpose of this enactment is to provide the Northern Pueblos Housing Authority (NPHA) with the authority to apply for 2017 funding under the U.S. Department of Housing and Urban Development (HUD) Indian Community Development Block Grant (ICDBG) Program for rehabilitation of existing homes of low-income San Ildefonso Pueblo members.

15.1.2.030 Findings

The Council hereby finds and declares that:

(a) On April 12, 2000, the Tribal Council adopted Ordinance No. SI-R00-001, establishing the Northern Pueblos Housing Authority (NPHA); and

(b) The Northern Pueblos Housing Authority is the Tribally Designated Housing Authority ("TDHE") for the Pueblos of San Ildefonso, Picuris, and Tesuque, established by such Pueblos pursuant to § 4(18) and (21) of the Native American Housing and Self Determination Act of 1996, 25 U.S.C. §§ 4401 et seq. ("NAHASDA") for developing, operating, and managing housing units assisted by the United States Department of Housing and Urban Development (HUD); and

(c) A community meeting was held on April 19, 2017, and Rehabilitation of Existing Homes for Low-Income Pueblo Members was identified as a project priority for the ICDBG Program application and that Citizen (community) participation was adhered to.

15.1.2.040 Certifications

The Council hereby certifies that:

(a) All requirements of citizen participation found at 24 C.F.R. 1003.604 have been met; and

(b) The Council has considered all comments and views made by residents of the Pueblo; and

(d) The ICDBG application has been made available to residents; and

(e) The methodology and information provided by NPHA for purposes of meeting ICDBG threshold and service standards, notably in respect to the certification of the income-eligibility of the intended beneficiaries of the project, were systematically collected, are statistically reliable, and to the greatest extent feasible, are independently verifiable, and are approved by the Council; and

15.1.2.050 Compliance and Provisions

For the purpose of ICDBG funding and program delivery, the Council hereby directs NPHA to comply with these provisions which collectively enumerate all essential ethics in contracting and conflicts of interest requirements, in relation to the administration and management of ICDBG funds and the delivery of services there under:

(a) The NPHA Code of Conduct Policy Statement Amended and Restated on October 24, 2016 by NPHA Board Resolution Number 2016-09;

(b) The applicable provisions contained in the Tenth Amended and Restated NPHA Procurement, Inventory, Disposition, and Housing Standards Policy, Amended and Restated on October 24, 2016 by NPHA Board Resolution Number 2016-09;

(c) The Seventh Amended and Restated NPHA Management Policy, Amended and Restated on October 24, 2016 by NPHA Board Resolution Number 2016-09; and

(d) The Fifteenth Amended and Restated NPHA Personnel Policy Amended and Restated on October 24, 2016 by NPHA Board Resolution Number 2016-09;

(e) That for the purpose of administering ICDBG funding, the Council hereby directs NPHA to comply with the Fifth Amended and Restated NPHA Financial Management and Internal Controls Policy, Amended and Restated on October 24, 2016 by NPHA Board Resolution Number 2016-09 in relation to administration of ICDBG funds;

(f) That for the purpose of provision of rehabilitation services, the Council hereby directs NPHA to comply with the Fourth Amended and Restated NPHA Housing Rehabilitation Standards and Policy adopted on January 19, 2011 by Board Resolution Number 11-1;

15.1.2.060 Grant Authorization

The Governor or his designee is hereby authorized to take such actions as deemed necessary to carry out the intent and purpose of this Resolution.

Part 15.1.3 Confirming Delegation of Authority to the Northern Pueblos Housing Authority to Apply for 2018 ICDBG Funding for Rehabilitation of Existing Homes for Low Income Pueblo Members

15.1.3.010 Short Title

This enactment shall be known as "CONFIRMING DELEGATION OF AUTHORITY TO THE NORTHERN PUEBLOS HOUSING AUTHORITY TO APPLY FOR 2018 ICDBG FUNDING FOR REHABILITATION OF EXISTING HOMES FOR LOW- INCOME PUEBLO MEMBERS," or in the abbreviated form, the "2018 ICDBG GRANT APPLICATION."

15.1.3.020 Purpose

The purpose of this enactment is to provide the Northern Pueblos Housing Authority (NPHA) with the authority to apply for 2018 funding under the U.S. Department of Housing and Urban Development (HUD) Indian Community Development Block Grant (ICDBG) Program for rehabilitation of existing homes of low-income San Ildefonso Pueblo members.

15.1.3.030 Findings

The Council hereby finds and declares that:

(a) On April 12, 2000, the Tribal Council adopted Ordinance No. SI-R00-001, establishing the Northern Pueblos Housing Authority (NPHA); and

15.1.3.040 Certifications

The Council hereby certifies that:

(a) All requirements of citizen participation found at 24 C.F.R. 1003.604 have been met; and

(b) The Council has considered all comments and views made by residents of the Pueblo; and

(d) The ICDBG application has been made available to residents; and

15.1.3.050 Compliance and Provisions

(a) The NPHA Code of Conduct Policy Statement Amended and Restated on October 24, 2016 by NPHA Board Resolution Number 2016-09;

(c) The Seventh Amended and Restated NPHA Management Policy, Amended and Restated on October 24, 2016 by NPHA Board Resolution Number 2016-09; and

(d) The Fifteenth Amended and Restated NPHA Personnel Policy Amended and Restated on October 24, 2016 by NPHA Board Resolution Number 2016-09;

15.1.3.060 Grant Authorization

The Governor or his designee is hereby authorized to take such actions as deemed necessary to carry out the intent and purpose of this Resolution.

Part 15.1.4 Confirming Delegation of Authority to the Northern Pueblos Housing Authority to Apply for Bureau of Indian Affairs, Department of Interior Office of Indian Energy and Economic Development, Energy and Mineral Development Grant to Conduct a Solar Energy Feasibility Assessment

15.1.4.010 Short Title

This enactment shall be known as "CONFIRMING DELEGATION OF AUTHORITY TO APPLY FOR BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF INTERIOR OFFICE OF INDIAN ENERGY AND ECONOMIC DEVELOPMENT, ENERGY AND MINERAL DEVELOPMENT GRANT TO CONDUCT A SOLAR ENERGY FEASIBILITY ASSESSMENT" ("Act").

15.1.4.020 Definitions

(a) "Agreement" means the Pueblo de San Ildefonso Governing Agreement.

(b) "Council" means the Pueblo de San Ildefonso Council.

15.1.4.030 Purpose

The purpose of this Act is to provide the Northern Pueblos Housing Authority, in coordination with the Pueblo, with authority to apply for grant funding to conduct a feasibility assessment for utilization in developing solar photovoltaic (PV) opportunities at the Pueblo.

15.1.4.040 Findings

The Council hereby finds that:

(a) The Northern Pueblos Housing Authority ("NPHA") is the Tribally Designated Housing Authority ("TDHE") for the Pueblos of Tesuque, Picuris, and San Ildefonso, established by such Pueblos pursuant to § 4(18) and (21) of the Native American Housing and Self Determination Act of 1996, 25 U.S.C. §§ 4401 et seq. ("NAHASDA") for developing, operating, and managing housing units assisted by the United States Department of Housing and Urban Development (HUD); and

(b) In addition to the environmental benefits, the Pueblo de San Ildefonso is interested in developing solar photovoltaic (PV) opportunities at the Pueblo de San Ildefonso to reduce electric utility costs and/or generate additional revenue to support Tribal programs; and

(c) Tribal Leadership understands that the appropriate step towards developing solar PV opportunities is to hire a qualified consultant to conduct a feasibility assessment to identify and evaluate possible projects; and

(d) The Bureau of Indian Affairs (BIA), Department of the Interior Office of Indian Energy and Economic Development, Division of Energy and Mineral Development (DEMD), Energy and Mineral Development Program (EMDP) is

soliciting proposals for the Grant Program ("Funding Program") to Assess, Evaluate, and Promote Development of Tribal Energy and Mineral Resources (BIA-000-0009-TEDC); and

(e) The Pueblo de San Ildefonso is committed devoting appropriate resources and coordinating with NPHA and the consultant to facilitate successful completion of the feasibility assessment of solar PV project opportunities at the Pueblo de San Ildefonso; and

(f) The Pueblo de San Ildefonso is willing to consider developing viable solar PV projects, as determined by the completed feasibility assessment.

15.1.4.050 Authorizations

(a) The Tribal Council hereby authorizes NPHA to coordinate with the Pueblo de San Ildefonso staff to prepare and submit the application to the BIA DEMD in response to the Funding Program solicitation (BIA-000-0009-TEDC) on behalf of the Pueblo de San Ildefonso; and

(b) For the purposes of the Funding Program, the Tribal Council hereby designates the NPHA Executive Director, Jon Paul Romero, as the Tribal Project Lead to oversee the project work, make authorized decisions during the course of the project, and be responsible for submitting quarterly and final progress reports, plus financial status reports, as required by the Funding Program; and

(c) The Tribal Council hereby directs NPHA to hire a consultant to complete the feasibility assessment of solar PV opportunities at the Pueblo de San Ildefonso, in compliance with all applicable procurement requirements.

(d) The Pueblo de San Ildefonso is committed devoting appropriate resources and coordinating with NPHA and the consultant to facilitate successful completion of the feasibility assessment of solar PV project opportunities at the Pueblo de San Ildefonso; and

(e) The Tribal Council hereby authorizes and directs the Governor or his designee to take such actions as deemed necessary to carry out the intent and purpose of this Resolution.

Part 15.1.5 Northern Pueblo Housing Authority Evaluation Act of 2021

15.1.5.010 Short Title

This enactment shall be known as the "NORTHERN PUEBLOS HOUSING AUTHORITY EVALUATION ACT OF 2021".

15.1.5.020 Purpose

The purpose of the NPHA Evaluation Act is to authorize and direct the completion of a comprehensive study, evaluation, and analysis of the current funding and management of the Northern Pueblo Housing Authority ("NPHA") including options for improving the operation and delivery of housing programs and services.

15.1.5.030 Findings

The Council hereby finds and declares that:

(a) The Pueblo currently contracts with the NPHA to operate, manage, and administer housing programs and services for the Pueblo, including receiving and expending federal grant funds on behalf of the Pueblo as a third-party contractor; and

(b) NPHA has experienced a number of detrimental events in the last several years including a high turnover rate in senior management positions and inadequate financial practices; and

consists of only two member Pueblos; and

(d) The administrative efficiencies of having multiple Pueblos sharing the costs of administrative functions has largely been lost by the departure of other member Pueblos from NPHA; and

(e) The Council desires to study and evaluate the current funding and operations of the NPHA to determine the best method to provide housing programs and services to the citizens of the Pueblo, including whether to make any modifications to the structure, scope, and delivery of housing programs and services.

15.1.5.040 NPHA Report of 2021

(a) The Council hereby authorizes and directs the Governor, the Administrator, the Housing Committee or a designee, to conduct a written, comprehensive review, evaluation, and analysis of the current programs and services provided by NPHA and related issues ("NPHA Report of 2021").

(b) The NPHA Report of 2021 shall include the following:

(1) The evaluation of the operation and delivery of housing programs and services provided to the Pueblo by NPHA;

(2) An evaluation of the management and staffing of NPHA including the status of the Board of Directors;

(3) The types and amounts of funding received by NPHA on behalf of the Pueblo for housing services to the Pueblo;

(4) The financial status of NPHA including current financial statements and practices, and the status of required financial audits;

(5) The process to modify the current arrangement with NPHA or for dissolution of the corporation;

(6) An evaluation of the funding requirements for the Pueblo to operate a minimum housing program including likely available grant funding and any unmet financial obligations;

(7) Any other observations and recommendations to assist the Council in evaluating the delivery of housing services by NPHA including methods to improve the delivery, type, and scope of services.

(c) The NPHA Report of 2021 shall be completed and delivered to the Council within sixty (60) days of the effective date of the NPHA Evaluation Act.

Part 15.1.6 Housing Utility Infrastructure Authorization Act

15.1.6.010 Short Title

This enactment shall be known as the "HOUSING UTILITY INFRASTRUCTURE AUTHORIZATION ACT."

15.1.6.020 Purpose

The purpose of this Act is to: (1) Establish a process for members of the Pueblo to apply for home utility infrastructure services or to initiate a Utility Infrastructure Project; (2) ) Establish the standards, process, and requirements for approval of applications for home and homesite utility services; (3) Require public notice of any pending Utility Infrastructure Project with an opportunity for public comments prior to approval; and (4) Authorize the Governor to make final decisions on land use matters pursuant to this Act including applications for home and homesite utility infrastructure services and/or a Utility Infrastructure Project.

15.1.6.030 Definitions

(a) "Act" means the Housing Utility Infrastructure Authorization Act.

(b) "Application" means a mandatory, written application completed by a member of the Pueblo to request or initiate a Utility Infrastructure Project.

(d) "IHS" means the U.S. Indian Health Service.

(e) "Project" means any and all home or homesite Utility Infrastructure Projects located on the Pueblo that is funded in whole or in part by or through a member of the Pueblo, a resident of the Pueblo, a private party, the Pueblo, and/or IHS or other governmental agency, as requested in a written Application and subject to the approval of the Governor.

(f) "Pueblo" means the Pueblo de San Ildefonso. "Pueblo" also means the lands over which the Pueblo has jurisdiction.

(g) "Utility Infrastructure Project" means any and all projects to develop, repair, or improve water, wastewater, electric, gas, or internet services to a home or homesite.

15.1.6.040 Findings

The Council hereby finds and declares that:

(a) The population of the Pueblo is increasing putting pressure on existing housing supplies and creating a need for new housing; and

(b) Many members of the Pueblo have expressed the need for new housing and improvements to existing homes; and

(c) The Pueblo has some land parcels available that could be utilized for new housing purposes; however, these parcels often lack adequate utilities, ingress and egress, and other infrastructure needs; and

(d) The Pueblo has issued land assignments to members of the Pueblo, in some cases decades ago, initially for farming purposes, and some members and their descendants have utilized or desire to utilize land assignments to develop or improve housing including manufactured and new construction homes; and

(e) The Pueblo desires to make land available for housing for members of the Pueblo in a fair and equal manner while taking into account the impacts new housing will likely have on neighboring land assignments, land use, the natural environment, culturally-sensitive areas, aesthetics, infrastructure, utilities, and overall policies established by the Pueblo; and

(f) The IHS has, from time to time, provided utility line construction and installation services to deliver certain utilities such as water and wastewater systems to members of the Pueblo, including to both existing homes and new homes, at a significant cost savings to the Pueblo and its members; however, the process to apply for IHS-funded services, and the process for the Pueblo to authorize IHS-funded construction services, has been haphazard and unclear, due in part to federal funding limitations; and

(g) As part of the Aamodt water rights litigation and settlement, the Pueblo is in the process of constructing a major water infrastructure project that will result in the availability of additional water resources to the Pueblo and its members including water for housing, farming, economic development, conservation, and other purposes; and

(h) The amount of land available for housing purposes is limited, and any decisions regarding the development of new housing projects must be made in a thoughtful, systematic, and culturally-appropriate manner to protect against waste, duplication of services including utility infrastructure, and to reduce conflicts, while, at the same time, establishing fair and transparent rules and procedures for all members of the Pueblo to address their housing needs; and

(i) The Council has determined that it is in the best interests of the Pueblo and its members to authorize and direct the Governor to address housing utility issues including the authority to approve and enter into agreements with the IHS to provide utility infrastructure services or to initiate a Utility Infrastructure Project to homes and homesites of members of the Pueblo.

15.1.6.050 Mandatory Approval Process for All Utility Infrastructure Projects

(a) All Utility Infrastructure Projects shall comply with the requirements of this Act. Any person or entity seeking approval of a Utility Infrastructure Project shall fila an Application with DNR. This Act shall not apply to minor repairs or normal; maintenance to home utility services.

15.1.6.060 Process for Members to Apply for Approval of a Utility Infrastructure Project

(a) Any member of the Pueblo shall be eligible to apply for approval of a Project by filing a written Application with the DNR, which shall be in addition to any application or process required by any other government. DNR may request additional information from an applicant which DNR determines is necessary for consideration and approval of the Project.

(b) It shall be the responsibility of the applicant to provide adequate information requested in the Application and to cooperate with reasonable requests from DNR for additional information that will assist in the consideration and approval of the Project.

15.1.6.070 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.

15.1.6.080 Decision by the Governor

(a) The Governor shall make a written decision on all Applications for a Project in a timely manner. A decision made by the Governor pursuant to this Act shall take precedence over any initial decision by IHS regarding a Project. The Governor may take any of the following actions regarding a Project:

i. if DNR recommends approval of the Project, the Governor may grant final approval of the Project;

ii. if DNR recommends approval of the Project, the Governor may deny the recommendation from DNR, and make a final decision to reject the Project;

iii. if DNR recommends denial of the Project, the Governor may make a final decision to reject the Project;

iv. if DNR recommends denial of the Project, the Governor may deny the recommendation from DNR and grant final approval of the Project; or,

v. remand the Application to DNR with instructions for further investigation and study, which may include DNR requesting additional information from the Applicant or suggesting modifications to the Application and Project; Provided, that if the Applicant modifies the proposed Project, then DNR shall treat the modified Project as a new Application and shall begin the process anew.

(b) Upon approval of a Project by the Governor, the Governor shall be authorized to negotiate and execute agreements with the IHS as may be necessary to provide utility infrastructure services to homes and homesites.

15.1.6.090 Enforcement

The Governor or his designee shall be authorized to enforce this Act including by filing suit in the Courts of the Pueblo against any party who fails or refuses to comply with the requirements of this Act. The Court may award the costs of the enforcement of this Act against any party who has been found to have violated this Act.

Part 15.1.7 Northern Pueblos Housing Authority Orderly Dissolution Act

15.1.7.010 Short Title

This enactment shall be known as the "NORTHERN PUEBLOS HOUSING AUTHORITY ORDERLY DISSOLUTION ACT."

15.1.7.020 Purpose

The purpose of this Act is to authorize and direct an orderly dissolution of the NPHA in order to establish a Tribally Designated Housing Entity ("THDE") that serves the housing needs of the Pueblo.

15.1.7.030 Findings

The Council hereby finds and declares that:

(a) The Pueblo contracts with the Northern Pueblos Housing Authority (NPHA) to operate, manage, and administer housing programs and services for the Pueblo, including receiving and expending federal grant funds on behalf of the Pueblo as a third-party contractor; and

(b) NPHA has experienced many detrimental events in the last several years including a high turnover in senior management positions, non-compliance with the requirements of the Indian Housing Block Grant (IHBG), failure to implement key activities identified in the Pueblo's Indian Housing Plan (IHP); and poor performance resulting in the withdrawal of a kay partner Pueblo; and

(c) NPHA has previously consisted on multiple northern Pueblos, however, NPHA currently consists of two Member Pueblos and the administrative and cost-sharing benefits of the organization have largely been lost by the departure of the other Member Pueblos from NPHA; and

(d) The Council has authorized and reviewed the "NPHA Report of 2021" which found that NPHA cannot provide the Pueblo with assurances about if, how, or when the organization might regain the capacities of a full-service TDHE; and

(e) The Council determines that the housing needs of the Pueblo can be best met through the establishment of a TDHE managed by the Pueblo; and

(f) The Tribal Council wishes to implement an orderly transition out of NPHA into a fully operational TDHE managed by the Tribe that only serves the needs of Pueblo.

Part 15.1.8 Housing Authority Act

15.1.8.010 Short Title

This enactment shall be known as the "HOUSING AUTHORITY ACT ("Act")."

15.1.8.020 Purpose

The Purpose of this Act is to establish a Housing Authority to address the Pueblo's housing needs including the planning, development, administration and maintenance of housing projects.

15.1.8.030 Findings

The Council hereby finds and declares that:

(a) There is a shortage of decent, safe and sanitary dwelling accommodations available at rents or prices that low-income citizens can afford; and that such shortage forces people to occupy unsanitary, unsafe and overcrowded dwelling accommodations or leave the Pueblo; and

(b) The establishment of a housing authority will aid in the provision of decent, safe and sanitary housing, will contribute to the overall economic welfare of the Pueblo, will provide employment opportunities for Pueblo members, and will establish desirable housing, neighborhoods, and communities on Pueblo Lands; and

15.1.8.040 Definitions

For purposes of this Act, the term:

(a) "Act" means the Housing Authority Act.

(b) "Authority" or "Housing Authority" means the San Ildefonso Housing Authority.

(d) "Council" means the Council of San Ildefonso.

(e) "Court" means the Courts of the Pueblo.

(f) "Homebuyer" means any person who has qualified for any of the Authority's homeownership programs and has executed a lease purchase agreement with OOHA for lease purchase of home.

(g) "Housing" means "affordable housing" as defined by section 4(2) of NAHASDA and other decent, safe and sanitary housing primarily for Tribal Members, including rental housing, residential housing, condominiums, buildings, land, leaseholds, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, for streets, sewers, water service, utilities, parks, site preparation or landscaping, and for administrative, community, health, recreational, welfare, or other purposes. The term "Housing" includes the planning and design of the housing, infrastructure, and improvements, the acquisition of real property or any interest therein, the demolition of existing structures, the construction, reconstruction, rehabilitation, alteration or repair of the housing, infrastructure, and improvements or other real property and all other work in connection therewith, and all other real and personal property and all tangible or intangible assets held or use in connection with Housing.

(h) "HUD" means the United States Department of Housing and Urban Development.

(i) "Low Income Family" means a family whose income does not exceed 80 percent of the median income for the area, as determined by the funding source providing assistance, and including exceptions provided by the funding source.

(j) "NAHASDA" means the Native American Housing Assistance and Self-Determination Act of 1996 and its implementing regulations.

(k) "Obligation" means any note, bond, debenture, or other form of financial obligation issued by the Authority pursuant to this Act.

(l) "Obligee" means any holder of an obligation, a lessor demising property to the Authority to be used in connection with a Housing project, or HUD when it is a party to any contract with the Authority with respect to a Housing project.

(m) "Pueblo" means the Pueblo de San Ildefonso, a federally-recognized Indian tribe.

(n) "Secretary" means the Secretary of the Interior or her designee.

(o) "Pueblo Lands" means the Pueblo's land grant and all other lands subject to the jurisdiction of the Pueblo.

15.1.8.050 San Ildefonso Housing Authority

(a) Establishment. The Pueblo hereby establishes a public body to be known as the Housing Authority to carry out the purposes stated in section 1.5.b., below. The Authority is hereby designated to receive, on behalf of the Pueblo and on its own behalf, federal, state, or private financial assistance, including grants, for Housing.

(b) Purposes. The Authority shall be organized and operated for the following purposes:

(1) To act as a recipient and receive block grant funds authorized under PL 104-330 and administer such funds in accordance with provisions of the Act, as authorized by the Council;

(2) To remedy unsafe and unsanitary housing conditions that are injurious to the public health, safety and morals;

(3) To Alleviate the acute shortage of decent, safe and sanitary dwellings for persons of low income;

(4) To Provide employment opportunities through the construction, reconstruction, improvement, extension, alterations or repair and operation of low-income dwellings;

(5) To Improve the quality of life in all areas serviced by the jurisdiction of the Pueblo;

(6) To Engage in activities that are directly or indirectly related to housing, including, but not limited to mortgage origination and servicing, housing development and management, and development and management of other housing-related services;

(7) To Participate in entities formed to accomplish any of the above-described purposes including acting as a general partner of a limited partnership.

(c) Management of the Authority. The day-to-day affairs of the Authority shall be managed by an Executive Director subject to oversight by the Board, which shall serve as the governing body of the Authority.

(d) Agency. The Authority shall be an agency and instrumentality of the Pueblo and enjoy the same status and immunities of the Pueblo.

15.1.8.060 Board of Commissioners

(a) Membership. The Board shall be composed of five (5) commissioners.

(b) Member Selection.

(1) Appointments. The Governor shall nominate commissioners to serve on the Board subject to confirmation by the Council. Commissioners shall serve three-year staggered terms of office.

(1) Board members may be tribal members or non-tribal members; provided, that tribal members shall always constitute a majority of members of the Board.

(2) No person may be prohibited from serving as a member of the Board because that person is also a tenant or Homebuyer of Housing; provided, that anyone who is delinquent on housing payments due to the Authority shall be ineligible to serve on the Board.

A Board member may participate in all meetings concerning matters that affect all of the tenants or Homebuyers even though those matters may indirectly affect the Board member as well; however, no Board member, in their capacity as a member of the Board, may participate in or be present at any Board meeting concerning any matter involving the Board member's individual rights, obligations, or status as a tenant or Homebuyer, except that the Board member may participate in or be present at such meeting only in their capacity as a tenant or Homebuyer.

(3) "Board members shall not be convicted felons. Candidates for Board Member positions shall be subject to a background check."

(d) Term of office. Except as otherwise provided, the term of office of the members of the Board shall be three (3) years staggered. A vacancy on the Board shall be filled by a qualified person upon nomination of the Governor, subject to confirmation by the Council. A person selected to fill a vacancy shall serve for the length of the unexpired term. Unless a member of the Board has been removed as provided in section 1.6 (f), the Board member may continue to serve after the expiration of the term of office until his successor has been appointed by the Tribal Council or Governor.

(e) Officers. The Board shall select, by majority vote, from among its members, a Chair, a Vice Chair, a Secretary, and a Treasurer. A member of the Board may only hold one position. The Board shall prescribe the duties of the officers in the bylaws established by the Board.

(f) Removal of members. The Governor may at any time remove any member of the Board with or without cause.

(g) Compensation. The members of the Board may each receive from the Authority a stipend for their services except that the amount of the stipend may not to exceed $100.00 per meeting per month.

(h) Quorum. Three (3) members of the Board, at least one (1) of which must be either the Chair or the Vice Chair, shall constitute a quorum for the transaction of business.

(i) Meetings. The Board shall meet at regular intervals and other times as provided in the by- laws established by the Board.

15.1.8.070 Powers

(a) Perpetual duration. The period of the Authority's duration shall be perpetual or until this Act is repealed.

(b) Powers. The Authority shall have the following powers:

(1) The Authority is hereby designated to receive, on behalf of the Pueblo and on its own behalf, federal, state, or private financial assistance, including grants, for Housing.

(2) Subject to the provisions of section 1.12, to sue and be sued in its name upon any contract, claim, or Obligation arising out of its activities under this Act.

(3) To adopt and use a seal.

(4) To enter into agreements, contracts, or other understandings with any person, organization, partnership, corporation, governmental agency, or other entity.

(5) To agree to any terms and conditions attached to the receipt of federal financial assistance for Housing.

(6) To lease real property from the Pueblo and others for periods as are authorized by federal or tribal law, and to hold and manage or to sublease the same.

(7) To borrow or lend money, to issue temporary or long-term evidence of indebtedness and to repay the same. The Obligation shall be issued and repaid in accordance with the provisions of section 1.8.

(8) To pledge the assets and receipts of the Authority as security for any Obligations; and to acquire, sell, lease, exchange, transfer, or assign personal property or interests therein.

(9) To purchase real property or any interests in real property or take the same by gift and to lease real property or any interests in real property to the extent provided by law.

(10) To undertake and carry out studies and analysis of Housing needs, to prepare Housing plans, to execute the same, to operate Housing projects or programs, and to provide for the construction, reconstruction, improvements, extension, alteration or repair of any Housing.

(11) With respect to any dwellings, accommodations, lands, buildings or facilities embraced within any Housing project (including individual cooperative or condominium units), to lease or rent, sell, enter into lease- purchase agreements or leases providing options to purchase; to establish and revise rents or monthly payments; to make rules and regulations as the Board may deem necessary and desirable to effectuate any power granted by this Act.

(12) To finance the purchase of Housing by a qualified Tribal Member.

(13) To terminate any agreement when any tenant or Homebuyer has violated the terms of the agreement or has failed to meet any of its obligation thereunder, or when termination is otherwise authorized under the provisions of such agreement; and to bring legal action against the tenant or Homebuyer, including an action for eviction.

(14) To establish eligibility requirements and policies to ensure that Housing will be made available in accordance with funding requirements and this Act.

(15) To purchase insurance from any insurance company to insure any real or personal property or against any risk or hazards.

(16) To invest any funds that are not required for immediate disbursement.

(17) To establish and maintain bank accounts in the name of the Authority as may be necessary and convenient.

(18) To employ and terminate an executive director (subject to approval of the Council), and employ and terminate housing managers, and other officers and employees, permanent or temporary, as the Authority may require and to delegate to the executive director, housing managers, and other officers and employees any powers or duties as the Board shall deem proper.

(19) To take any further actions that are commonly engaged in by public bodies of this character as the Board may deem necessary and desirable to effectuate the purposes of the Authority.

(20) To join or cooperate with any other public housing agency operating under the laws of the state or another Indian tribe in the exercise, either jointly or otherwise, of any or all of the powers of the Authority and other public housing agency for the purpose of financing (including but not limited to the issuance of an Obligation and giving security therefore), planning, undertaking, owning, constructing, operating, or contracting with respect to Housing of the Authority or other public housing agency. For such purpose, the Authority may by resolution prescribe and authorize any other public housing agency to join or cooperate with the Authority to act on the Authority's behalf with respect to any or all powers, as the Authority's agent or otherwise, in the name of the Authority or the other public housing agency.

(21) To adopt bylaws consistent with this Act.

(c) Financial Assistance. The Authority shall do any and all things necessary or desirable to secure federal, state, and private financial aid or cooperation in the undertaking, construction, maintenance, or operation of Housing.

15.1.8.080 Obligations

(a) Issuance. The Authority may issue an Obligation for any of its purposes and may also issue refunding an Obligation for the purpose of paying or retiring an Obligation previously issued by it. The Authority may issue any type of Obligation, including an Obligation on which the principal and interest are payable:

(1) Exclusively from the income and revenues of the Housing project financed with the proceeds of an Obligation, or with such income or revenues together with a grant from HUD or other federal agency in aid of the Housing project;

(2) Exclusively from the income and revenues of certain designated Housing projects whether or not they were financed in whole or in part with the proceeds of an Obligation;

(3) From its revenues generally. Any Obligation may be additionally secured by a pledge of any revenues of any Housing project or other property of the Authority.

(b) No Personal liability. The members of the Board or any person executing the Obligation on behalf of the Authority shall not be liable personally on the Obligation by reason of issuance thereof.

(c) Separate obligations. The obligations of the Authority shall not be a debt of the Pueblo and the Obligation shall so state on its face.

(d) Manner of issuance. The Obligation of the Authority shall be issued and sold only in the following manner:

(1) The Board shall by resolution authorize any Obligation by the vote of a majority of the full Board and the Obligation may be issued in one or more series.

(2) The Obligation shall bear such dates, mature at such times, bear interest at such rates, be in such denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment and at such places, and be subject to such terms of redemption, with or without premium, as the resolution of the Board may provide.

(3) The Obligation may be sold at a public or private sale at not less than par value.

(4) If any Board member or other official, agent or employee of the Authority whose signature appears on any Obligation ceases to be a Board member or other official, agent or employee of the Authority before the delivery of the Obligation, then the signature shall nevertheless be valid and sufficient for all purposes, the same as if they had remained in office or employment until delivery.

(e) Negotiable obligations. Any Obligation of the Authority shall be fully negotiable.

(f) Terms and conditions of obligations. In connection with the issuance of an Obligation or incurring of an Obligation under leases and to secure the payment of the Obligation, the Authority, subject to the limitations in this Act, may:

(1) Pledge all or any part of its revenues to which its right then exists or may thereafter come into existence.

(2) Provide for the powers and duties of any Obligee and limit their liabilities, and provide the terms and condition on which the Obligee may enforce any covenants or rights securing or relating to the Obligation.

(3) Covenant against pledging all or any part of its revenues, or against mortgaging any or all of its real or personal property to which its title or right then exists or may thereafter come into existence, or permitting or suffering any lien on such revenues or property.

(4) Covenant with respect to limitations on its right to sell, lease or otherwise dispose of any Housing project.

(5) Covenant as to what other or additional debts or Obligation may be incurred by it.

(6) Covenant as to the Obligation to be issued and as to the issuance of the Obligations in escrow or otherwise, and as to the use and disposition of the proceeds thereof.

(7) Provide for the replacement of any lost, destroyed or mutilated document evidencing an Obligation.

(8) Covenant against extending the time for the payment of its Obligation or interest thereon.

(9) Redeem any Obligation and covenant for their redemption and provide the terms and conditions thereof.

(10) Covenant concerning the rents and fees to be charged in the Operation of a Housing project, the amount to be raised each year or other period of time by rents, fees and other revenues, and as to the use and disposition to be made thereof.

(11) Create or authorize the creation of special funds for moneys held for construction or operating costs, debt service, reserves or other purposes, and covenant as to the use and disposition of the moneys held in such funds.

(12) Prescribe the procedure, if any, by which the terms of any contract with holders of an Obligation may be amended or abrogated, the proportion of outstanding Obligation the holders of which must consent thereto, and the manner in which such consent may be given.

(13) Covenant as to the use, maintenance and replacement of its real or personal property, the insurance to be carried thereon and the use and disposition of insurance moneys.

(14) Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition or Obligation.

(15) Covenant and prescribe as to events of default and terms and conditions upon which any or all of its Obligation become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.

(16) Vest in any Obligation or any proportion of them the right to enforce the payment of the Obligation or any covenants securing or relating to the Obligation.

(17) Exercise all or any part or combination of the powers granted in this section.

(18) Make covenants other than and in addition to the covenants expressly authorized in this section of like or different character.

(19) Make any covenants and do any acts and things necessary or convenient or desirable in order to secure its Obligation, or in the absolute discretion of the Authority, tending to make the Obligation more marketable although the covenants, acts or things are not enumerated in this section.

15.1.8.090 Audits, Fiscal Accountability, and Reports

(a) Accounting System. The Authority shall establish and maintain a functioning accounting system that is operated in accordance with generally accepted accounting principles.

(b) Annual Audit. If required by law, the Authority shall have its financial statements audited annually by an independent auditor. The Authority shall provide to the Council a copy of its audited financial statements within ten days of its completion.

(c) Housing Proposals and Programs. Before undertaking any Housing project or program whose projected cost is expected to exceed $250,000, the Authority shall submit a proposal to the Council for approval and appear before the Council to explain the advantages and disadvantages to the Pueblo of the proposal. The proposal must contain the following information:

(1) nature, scope, and projected cost of the project or program;

(2) amount, type, and sources of financial assistance, including any financial contributions required from the Authority;

(3) evidence of financial condition (e.g., audited financial statements) of any third party providing financial assistance to the project or program;

(4) evidence of experience of any third party in any state, federal, or tribal housing projects or programs, including any suspensions, debarments, or penalties imposed by any state, federal, or tribal agency;

(5) cost-benefit analysis of the proposed project or program;

(6) schedule or timeline and budget for the project or program;

(7) collateral or other security to be provided by the Authority;

(8) terms and conditions of any proposed contractual obligations of the Authority in connection with the project or program, including any potential legal consequences flowing from a breach of material terms and conditions by the Authority, and any potential for any third party to assume control or ownership of the project or program as a result of a breach by the Authority; and

(9) financial benefits and other benefits of the project or program to the Authority, Pueblo community, and Tribal Members.

(d) Debt Obligations. Thirty (30) days before issuing any Obligation, the Authority shall provide to the Council a description of the Obligation's purpose, amount, repayment schedule, required collateral, and anticipated source of repayment.

(e) Financial Reports. Each month, the Executive Director shall submit to the Council a summary report of the Authority's finances. Each quarter, the Executive Director shall submit to the Council the following quarterly financial reports concerning the Authority:

(1) budget variance;

(2) statement of cash flows;

(3) income statement; and

(4) balance sheet.

(f) Fidelity bonds. The Board shall obtain adequate fidelity bond insurance for its officers, agents or employees who handle cash or who are authorized to sign checks or certify vouchers on behalf of the Authority.

(g) Reports.

(1) For each fiscal year, the Board shall submit an annual performance report and other reports to HUD as required by federal law. The Authority shall submit to the Governor and the Council a copy of any report submitted to HUD.

(2) For each fiscal year, the Authority shall submit a written report to the Council showing:

(A) a summary of the Authority's activities;

(B) the financial condition of the Authority;

(D) the number of units and vacancies in any Housing project;

(E) any significant problems and accomplishments of the Authority;

(F) any plans for future Housing;

(G) the number of Tribal Members and non-tribal members living in any Housing project or program; and

(H) any other information that the Board or the Council shall deem pertinent.

(h) Indian Housing Plans. The Board shall, on behalf of the Pueblo, prepare and submit to HUD an Indian housing plan as required by federal law without the prior review of the housing plan by the Council; however, the Board shall submit a copy of the housing plan to the Council.

15.1.8.100 Miscellaneous

(a) Local government cooperation agreements. The Authority may enter into an agreement, which shall provide for local government cooperation, with the governing body of any locality within which a Housing project will be situated.

(b) Housing policies. The Authority shall prepare policies required by federal law or as needed to effectively and efficiently administer Housing. These policies shall be available for review by HUD, the Council, Tribal Administration and tribal members.

(1) All federal laws governing conflict of interests within housing programs receiving federal financial assistance apply to the Authority and its Board members, officers, employees, and agents. The Board shall establish a conflict of interest policy that complies with federal law.

(2) In addition to the conflict of interest provisions under applicable federal law as stated in section 1.10 (c) (1), a Board member, officer, employee, and agent shall not, during their tenure and for one year thereafter:

(A) participate in any activity that competes with the Authority or deprives the Authority of business;

(B) allow business dealings on behalf of the Authority to be influenced (or appear to be influenced) by personal or family interests;

(C) accept or solicit gifts, loans, favors or other valuables from any person or entity for the privilege of doing business or proposing to do business with the Authority;

(D) accept or solicit bribes, payments, personal loans, kickbacks, special privileges or services from any person or entity, or give or offer any of these to any person or entity;

(E) engage in outside activities that interfere with their responsibilities to the Authority;

(F) use the Authority's name to perform any outside activities;

(G) solicit or distribute while at work any literature, pamphlets, or other materials that are not contrary to the views or purposes of the Authority;

(H) obtain a personal or financial interest or benefit from the Authority's activities. This prohibition shall apply to persons with whom a Board member, officer, employee, or agent has a business or immediate family relationship; or

(I) engage in any other activity, including, but not limited to, discussions, meetings, and decision-making, in which Board member, officer, employee, or agent has a personal or private interest that interferes with or appears to interfere with their ability to perform their responsibilities fairly, ethically, and consistent with the Authority's best interests.

(3) Every Board member, officer, employee, and agent shall disclose all actual and potential conflicts of interest to the Board, and unless allowed under federal or tribal law, remove themselves from participation in any discussion or action regarding the matter in which the Board member, officer, employee, or agent has an actual or potential conflict of interest.

(d) Any violation of section 1.10 c. constitutes misconduct for purposes of section 1.6(f).

(e) Section 1.10 (c)(3). does not apply to the following circumstances:

(1) the acquisition of any interest in an Obligation issued in connection with any Housing;

(2) the execution of agreements by banking institutions for the deposit or handling of funds in connection with Housing or to act as trustee under any trust indenture;

(3) utility services rates that are fixed or controlled by a governmental agency; or

(4) members of the Board or employees of the Authority who acquire an interest in Housing as a tenant or homebuyer on the same basis as other tenants and homebuyers, so long as there is no conflict of interest under tribal law, the Board member or employee has made a public disclosure of the nature of the assistance to be provided and the specific basis for the selection of the Board member or employee, and a copy of the disclosure is provided to HUD before the assistance is provided.

(f) Compliance with federal law. Each Housing project developed or operated under a contract providing for federal financial assistance, including block grants, shall comply with all requirements of the contract and applicable federal law and regulations.

(g) Operation of Housing. The Authority shall construct, operate, and use funds generated by its Housing activities to further the purpose of providing decent, safe, and sanitary Housing for Tribal Members.

(h) Taxes.

(1) All other persons and entities doing business with the Authority, including construction contractors, are subject to applicable Pueblo taxes.

(i) Exemption from execution or other judicial process. All personal and real property of the Authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the property nor shall any judgment against the Authority be a charge or lien upon the property. However, the provisions of this subsection (i) shall not limit the right of any Obligee to pursue any remedies for the enforcement of any pledge or the right of HUD or a funding source to pursue any remedies conferred upon it pursuant to the provisions of this Act, or the rights of the Authority or other party to bring eviction or foreclosure actions in accordance with section 1.7 b (13).

(j) Exception to low-income requirement. For purposes of this Act, the Authority may provide Housing assistance or activities to individuals or families who are not low-income to the extent that such assistance or activities are not prohibited by applicable law or a funding source.

15.1.8.110 Pueblo Corporation

(a) Pueblo agreements. For the purpose of aiding and cooperating in the planning, construction, or operation of any Housing, the Pueblo agrees that:

(1) It shall not levy or impose any real or personal property taxes upon the Authority or any Housing assisted with federal funds.

(2) It shall provide tribal governmental services, including police and fire protection, roads, water, and sewage, to the Authority and Housing on the same basis that it provides those services to other residents of Pueblo Lands.

(3) Insofar as it may lawfully do so, it shall grant deviations from any present or future tribal building code that are reasonable and necessary to promote economy and efficiency in the development and operation of Housing and at the same time safeguard health and safety of the Pueblo and its members.

(4) It shall do any and all things, within its lawful powers, necessary or convenient to aid and cooperate in the planning, undertaking, constructing, or operating of any Housing.

(b) Pueblo Courts.

(1) The Authority shall utilize the Courts to enforce the provisions of any contract between the Authority and any Tenant or Homebuyer.

(2) The Courts shall have jurisdiction to hear and determine any action for eviction of a Tenant or Homebuyer, or for breach of contract, or any foreclosure action against a borrower, or for any other matters arising out of this Act.

(c) Effectiveness of provisions. The provisions of section 1.11(a) shall remain in effect with respect to any Housing for the following period, whichever is the longest:

(1) the Housing is owned by a public body or government agency;

(2) any contract between the Authority and any third party, for loans, guarantees, grants, or any financial contributions in connection with the Housing, remains in force and effect; and

(3) any Obligation issued in connection with any Housing or any moneys due to a third party in connection with the Housing, remain unpaid. If, at any time, title to, or possession of, any Housing held by any public body or governmental agency, including HUD, transfers to a body or entity authorized by law to engage in the development or operation of Housing, the provisions of this section shall inure to the benefit of and be enforced by that body or governmental agency.

15.1.8.120 Sovereign Immunity

(a) Immunities. The Authority, as an agency and instrumentality of the Pueblo, is entitled to all of the privileges and immunities of the Pueblo. The Authority, its Board, officers, employees, and agents while acting in their official capacities are immune from suit, and the assets and other property of the Authority are exempt from levy or execution, except as provided in this section 1.12.

(b) Waiver of immunity. Notwithstanding any other provision of law, the Authority is authorized to waive its sovereign immunity from suit for any particular contract, agreement, matter, or transaction that it may enter into to further the purposes of the Authority.

(c) Procedure. Any waiver of immunity authorized by section 1.12(b) shall be in the form of a resolution duly adopted by the Board, which resolution shall not require the approval of the Council or the Secretary. The resolution shall

(1) identify the party for whose benefit the waiver is granted,

(2) the transaction and the claims for which the waiver is granted,

(3) the property of the Authority that may be subject to execution to satisfy any judgment entered in the claim, and

(4) the court in which suit against the Authority may be brought.

(d) Authority assets. Any waiver of sovereign immunity by the Authority shall be limited to the assets and/or income of the Authority and the acts or omissions of the Authority, its Board, officers, employees or agents shall not create any liability, Obligation or indebtedness either of the Pueblo, or payable out of the assets, revenue or income of the Pueblo.

(e) No Pueblo waiver. Any waiver of sovereign immunity of the Authority shall not be construed to waive any sovereign immunity of the Pueblo or any other agency or

instrumentality of the Pueblo.

15.1.8.130 Amendments

This Act may be amended from time to time by the Council.

15.1.8.140 Interpretation

The Council shall be the final decision-maker regarding the interpretation of this Act. Any questions relating to the interpretation of any provision of this Act shall be submitted to the Council for interpretation.

15.1.8.150 Severability

If any provision of this Act is held invalid or application thereof to any person or circumstance is held invalid, then the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

15.1.8.160 Effective Date

This Act and any amendments thereto shall take effect on the date enacted by the Council.

Part 15.1.9 Rural Community Assistance Corporation (RCAC) Loan Assumption Act

15.1.9.010 Short Title

This enactment shall be known as the "RURAL COMMUNITY ASSISTANCE CORPORATION (RCAC) LOAN ASSUMPTION ACT ("Act")."

15.1.9.020 Purpose

The Pueblo de San Ildefonso wishes to accept responsibility for RCAC Loan No. 6164-NPHA 01 due to the orderly dissolution of NPHA, the current borrower, by December 31, 2021. This Act authorizes the transfer of responsibility for the loan from NHPA to the San Ildefonso Housing Authority ("SIHA") subsequent to formation of SIHA and its designation as the Tribe's Tribally Designated Housing Entity.

15.1.9.030 Findings

The Council hereby finds and declares that:

(a) The Council is responsible for the health, safety, education and welfare of all community members; and

(b) On August 17, 2000, the Pueblo entered into a Joint Venture Agreement with Picuris, Taos, and Tesuque Pueblos that designated the Northern Pueblos Housing Authority (NPHA) as the Tribally Designated Housing Entity (TDHE) for the four tribes; and

(c) The two remaining members of the NPHA, the Pueblos of Tesuque and San Ildefonso, have determined that it is in each Pueblo's best interest to dissolve NPHA in accordance with Section 18 of the NPHA Joint Venture Agreement and distribute the assets and liabilities of NPHA to the member tribes; and

(d) in fulfillment of these terms, the Pueblo wishes to assume responsibility for RCAC Loan No. 6164-NPHA-01; and

(e) RCAC requires the Pueblo to legally accept the loan as a condition of transferring responsibility from NPHA to the Pueblo de San Ildefonso; and

(f) the Council has determined that the housing needs of the Pueblo can be best met through the of the San Ildefonso Housing Authority (SIHA) to serve as its Tribally Designated Housing Authority beginning on or about December 31, 2021.

15.1.9.040 Assumption Responsibilities

(a) SIHA is a new organization expected to be operational and designated as the Tribally Designated Housing Entity for the Pueblo by law on or about December 31, 2021. TDHE designation will constitute the initiation of operations, including establishment of its power to assume the RCAC loan on behalf of the Pueblo.

(b) In Section 1.7 b (6) of the San Ildefonso Housing Authority Act, the Authority is delegated the power to borrow money for the purpose of providing housing for tribal members.

(c) This Act authorizes the SIHA to assume responsibility for RCAC Loan No. 6164-NPHA- 01, which was used by NPHA to finance construction of the Deer Tail 1 housing development, at the earliest possible time after TDHE designation.

(d) The Pueblo notes that on October 22, 2021, the Pueblo indicated its intention to assume the loan when it submitted a Governor-approved Indian Housing Plan (IHP) for FY 2022 to provide sufficient Indian Housing Block Grant (IHBG) funds to make full payment on this loan in 2022.

(e) By this Act, the Council directs the new SIHA Board of Commissioners to implement the program and budget of the 2022 IHP pertaining to the RCAC loan by executing a loan assumption agreement with RCAC and making full payment for the loan in 2022 using 2022 Indian Housing Block Grant funding programmed for this purpose.

(f) SIHA is hereby authorized to execute any and all documents required by RCAC relative to the assumption of RCAC Loan No. 6164-NPHA-01.

15.1.9.050 Effective Date

This Act and any amendments thereto shall take effect on the date enacted by the Council.

Part 15.1.10 Tribally Designated Housing Entity Act of 2021

15.1.10.010 Short Title

This enactment shall be known as the "TRIBALLY DESIGNATED HOUSING ENTITY ACT OF 2021 ("Act")."

15.1.10.020 Purpose

The Purpose of this Act is to designate the San Ildefonso Housing Authority as the Tribally Designated Housing Entity ("TDHE") for the Pueblo.

15.1.10.030 Findings

The Council hereby finds and declares that:

(a) The Pueblo has the authority to undertake the formation of a housing authority; and

(b) The Council enacted a law to establish the San Ildefonso Housing Authority (SIHA); and

(c) Under the authority of the Native American Housing Assistance and Self Determination Act of 1996 (NAHASDA), Indian tribes may designate existing Indian Housing Authorities as a TDHE to provide and administer approved Indian housing activities.

15.1.10.040 Designation of TDHE

(a) The Council hereby designates the San Ildefonso Housing Authority as the Tribally Designated Housing Entity for the Pueblo effective January 1, 2022 in accordance with the Native American Housing Assistance and Self Determination Act of 1996.

(b) As the TDHE, the San Ildefonso Housing Authority is authorized to develop and administer Indian Housing Plans on behalf of the Pueblo.

Part 15.1.11 Housing Improvement Program and Emergency Repair Program Authorization Act of 2022

15.1.11.010 Short Title

This enactment shall be known as the "Housing Improvement Program and Emergency Repair Program Authorization Act of 2022" ("Act").

15.1.11.020 Purpose

The purpose of this Act is to authorize the San Ildefonso Housing Authority ("SIHA") to operate housing programs and to administer appropriated funds for the Housing Improvement Program and the Emergency Repair Program for the People.

15.1.11.030 Findings

The Council hereby finds and declares that:

(a) the Pueblo has established SIHA to address the housing needs of the People including providing safe and affordable housing options; and,

(b) the Pueblo has received federal housing funds, including COVID-related grant funds, to assist the Pueblo in providing housing programs and services to the People; and,

(c) the US Department of Housing and Urban Development ("HUD") has made available Housing Improvement Program ("HIP") funds to eligible Indian tribes including the Pueblo; and,

(d) the Council finds it in the best interest of the Pueblo to authorize and direct the Housing Authority to administer a Housing Improvement Program and an Emergency Repair Program ("ERP") to provide critical housing services to the People.

15.1.11.040 Authorization of Programs and Funds

(a) The Council hereby authorizes and directs SIHA to establish and administer the Housing Improvement Program and the Emergency Repair Program to deliver needed housing services to the People.

(b) SIHA shall administer HIP and ERP in a fair and equitable manner including providing notice of the programs, the eligibility requirements for participation in the programs, an application process and 60-day open enrollment time period to apply for assistance, and a priority list of factors that SIHA will utilize to approve participation in the programs in recognition that the available funds are limited.

(c) The Council hereby authorizes up to $500,000 of available American Rescue Plan Act funds for use by SIHA for HIP and ERP services.

Part 15.1.12 SIHA Lease Assignments Act of 2022

15.1.12.010 Short Title

This enactment shall be known as the "SIHA LEASE ASSIGNMENTS ACT OF 2022" (the "Act").

15.1.12.020 Purpose

The Purpose of this Act is to authorize the Governor to execute a Quitclaim Deed, Assignment and Assumption, and Release document assigning the leasehold rights to sixteen properties which were formerly leased by the Northern Pueblos Housing Authority (NPHA), to the San Ildefonso Housing Authority (SIHA).

15.1.12.030 Findings

(a) NPHA has executed a Quitclaim Agreement assigning its interests in sixteen projects and leases to SIHA.

(b) SIHA wishes to assume all rights, obligations, and responsibilities therewith, including but not limited to all rights associated with these properties and has also executed the same Quitclaim Agreement.

(c) By Resolution No. SI-R21-026, the Pueblo de San Ildefonso Council created SIHA, and pursuant to SI-R21-028, the Tribal Council designated SIHA as the Pueblo's Tribally Designated Housing Entity (TDHE).

(d) SIHA must possess leasehold rights to properties named in the Quitclaim document to fulfill TDHE powers, duties and responsibilities granted by the Pueblos, specifically the management of leased properties and conveyance of paid off properties.

(e) The Council affirms its intention that leasehold rights formerly granted to NPHA be assigned to SIHA.

15.1.12.040 Authorizations

(a) The Council hereby authorizes the Governor to execute a Quitclaim Deed, Assignment and Assumption, and release the document assigning the leasehold rights to sixteen properties formerly leased from the Pueblo by the Northern Pueblos Housing Authority (NPHA), to the San Ildefonso Housing Authority (SIHA).

Part 15.1.13 Authorizing the San Ildefonso Housing Authority to Apply for a 2023 Indian Community Development Block Grant on Behalf of the Pueblo, Evidence of Citizen Participation and Commitment of Tribal Funds for the Project

15.1.13.010 Short Title

This enactment shall be known as the "AUTHORIZATION FOR THE SAN ILDEFONSO HOUSING AUTHORITY TO APPLY FOR A 2023 INDIAN COMMUNITY DEVELOPMENT BLOCK GRANT ON BEHALF OF THE PUEBLO" ("Act").

15.1.13.020 Purpose

The purpose of this resolution is to authorize the San Ildefonso Housing Authority to apply for an Indian Community Development Block Grant for eligible families to be able to remain living on the reservation and to ensure the health, safety and well-being of San Ildefonso Tribal members is critical to the viability of the Pueblo community.

15.1.13.030 Findings

The San Ildefonso Council hereby finds that,

(a) San Ildefonso Housing Authority ("SIHA") is the Tribally Designated Housing Entity ("TDHE") authorized to develop, rehabilitate and manage affordable housing activities for San Ildefonso and to participate in the design and implementation of comprehensive community and housing development activities.

(b) The Pueblo has determined that ICDBG Eligible families ability to purchase safe, sustainable and affordable housing throughout the reservation is essential to ensuring ICDBG Eligible families are able to remain living on the reservation and to ensure the health, safety and well-being of San Ildefonso Tribal members is critical to the viability of the Pueblo community.

(c) The Pueblo and SIHA have determined that the lack of financial and other assistance in the form of Homeownership Assistance is an impediment to ICDBG Eligible families in need of the ICDBG funding to acquire homes on the Pueblo to achieve homeownership.

(d) Eligible Tribal Organizations are permitted to submit applications under the Indian Community Development Block Grant for Indian Tribes and Alaska Villages regulation 24 CFR 1003.5(b).

(e) SIHA is recognized by the Bureau of Indian Affairs as an eligible Tribal Organization as defined in Title I of the Indian Self Determination Education and Assistance Act, and as a Tribal Organization, the Pueblo Housing Authority is also therefore an eligible recipient under that Act.

(f) The Pueblo must meet certain threshold requirements in order to be deemed eligible for ICDBG funding whether the application is made directly by the Pueblo or on the Pueblo's behalf by an eligible tribal organization and the Pueblo intends to fully comply with the threshold requirements and of the 2023 ICDBG application process, including the citizen participation requirements.

(g) The Pueblo, through activities carried by SIHA, sought and considered community input and posted the Citizen Participation Statement, Budget and Schedule for the Homeownership Assistance Project in advance of the 2023 Indian Community Development Block Grant Application in compliance with the Notice of Funding Availability governing the contents of the application for 2023 ICDBG funding expressed at 24 C.F.R. § 1003.604(a), and has considered comments received in preparing the application.

(h) SIHA has adopted a code of ethics policy and, in coordination with the Pueblo, prepared and disclosed to the public a statement of conflict of interests, specifically that no conflict of interest exists within the qualified applicants for the Homeownership Assistance project nor the criteria for the selection of the proposed beneficiaries.

(i) SIHA has adopted the Fiscal Management and Procurement and Contract Management policies that meets 2 CFR 200 requirements.

15.1.13.040 Authorizations

The Pueblo de San Ildefonso hereby,

(a) commits $2,640,000 in forgivable mortgages to eligible homebuyers to acquire buildable lots.

(b) commits $225,000 in tribal funds for the Project.

(c) certifies the Citizen Participation requirements were followed as expressed in 24 C.F.R. § 1003.604(a) and therefore has met those requirements.

(d) authorizes San Ildefonso Housing Authority to take any and all actions necessary to effectuate the intent of the Project and the 2023 ICDBG application and process.

Chapter 15.2 Home Ownership

Part 15.2.1 Home Ownership and Property Transfer Clarification Act

15.2.1.010 Short Title

This enactment shall be known as, "HOME OWNERSHIP AND PROPERTY TRANSFER CLARIFICATION ACT" ("Act").

15.2.1.020 Purpose

The purpose of this Act is to clarify the process for members of the Pueblo de San Ildefonso ("Pueblo") to become home owners, and to authorize the Governor to execute and deliver necessary documents to transfer and certify property interests within the Pueblo.

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.

15.2.1.040 Authorization and Ratification of the Governor's Authority to Execute Various Housing Documents

(a) Upon written notification to the Governor from the NPHA and the Pueblo's Realty Office that an Acquiring Member has fully performed under his or her Occupancy Agreement, the Governor shall take any and all steps to confirm that the Acquiring Member is in good standing with the Pueblo, the NPHA, and the Occupancy Agreement.

(b) If the Governor determines that the Acquiring Member is in good standing with the Pueblo, the NPHA, and the Occupancy Agreement, the Governor shall:

(1) Accept a quit claim deed for the house from the NPHA substantially in the form attached hereto, as may be revised from time to time in conjunction with the NPHA; and,

(2) Execute and deliver to the Acquiring Member a Certificate of Land Assignment covering the subject parcel and house substantially in the form attached hereto, as may be revised from time to time in conjunction with the Pueblo's Realty Office and the NPHA.

(c) If the Governor does not receive confirmation that the Acquiring Member is in good standing with the Pueblo, the NPHA, and the Occupancy Agreement, the Governor shall so notify the Acquiring Member and the Acquiring Member may obtain review of the matter as provided by the Agreement and laws of the Pueblo.

(d) All previous transfers of houses to Acquiring Members (including by quit claim deed or assignment) executed by the current and any previous Governors since 2012 are hereby ratified and confirmed ab initio provided, that the Acquiring Member was in good standing with the Pueblo, the NPHA as confirmed in writing by the NPHA, and the Occupancy Agreement as of the date of transfer.