Title 23 CULTURAL RESOURCES

Chapter 23.1 Enabling Act

Part 23.1.1 Department of Environmental and Cultural Preservation Enabling Act

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R12-023, dated June 18, 2012.

23.1.1.010 Findings

(a) Annual budget items may only be included if they have first been authorized by law as required by Section 5(a)(ii)(A) of the Agreement;

(b) The Council finds that reorganizing the structure of governmental departments and Programs will promote efficiency within the Tribe;

(c) The Council finds that establishing a Department of Environmental and Cultural Protection will assist the Tribe in preserving and protecting the natural environment as well as the cultural resources of the Pueblo.

23.1.1.020 Short Title

This enactment shall be known as the Department of Environmental and Cultural Protection Enabling Act ("Act").

23.1.1.030 Definitions

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

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

23.1.1.040 Purpose

The Purpose of the Act is to establish the Department of Environmental and Cultural Protection.

23.1.1.050 Findings

The Council hereby finds and declares that:

(a) reorganizing the structure of governmental departments and programs will promote efficiency within the Tribe; and

(b) establishing a Department of Environmental and Cultural Protection will assist the Tribe in achieving its mission to preserve and protect the natural environment as well as the cultural resources of the Pueblo

23.1.1.060 General Policy

Department of Environmental Protection. This act shall establish the Department of Environmental Protection.

23.1.1.070 Organization of the Department of Environmental Protection

(a) There shall be a Director of the Department of Environmental Protection who shall oversee the general supervision of the department.

(b) In order to promote efficiency within the Department of Environmental Protection, program offices will be established as necessary. A program director shall oversee the general supervision of the each program office and shall report to the Director of the Department of Environmental Protection.

(1) Cultural Preservation

(2) Environmental Protection Agency ("EPA") Contracts and Grants

(3) Department of Energy Program ("DOE")

23.1.1.080 Department of Environmental and Cultural Protection Goals and Objectives

The mission of the Department of Environmental and Cultural Protection ("DECP") is to preserve and protect the natural environment and the cultural resources of the Puebloto assess risks to human health and welfare, both quantitatively and qualitatively, and to protect the health and welfare of the community.

(a) Cultural Preservation. The Cultural Preservation program office assists in handling proprietary cultural, religious, and traditional issues, as well as historic sites as may be affected in the environmental protection arena. The Cultural Preservation program office shall work to ensure preservation and protection of cultural materials and sites which may be located on Pueblo land or within the Pueblo's ancestral domain.

(b) Environmental Protection Agency ("EPA") Contracts and Grants. The EPA program office provides on-going environmental surveillance for the Pueblo in the areas of water and air quality. In addressing water quality issues, the EPA is responsible for: 1) carrying out the daily administration of the water quality program; 2)sampling water collection following protocols identified in the Quality Assurance Plan, and 3) submitting samples for laboratory analysis. In addressing air quality issues the EPA is responsible for: 1) carrying out daily administration of the air quality program; 2) overseeing the air monitoring stations, 3) following protocols identified in the Quality Assurance Plan, and 4) submitting air monitor data for analysis. Both components of the EPA program office provide analysis and interpretation of data, and provision of information to the community.

(c) Department of Energy Program ("DOE"). The DOE program office provides administration of the DECP and matters related to environmental and natural resources management with the Pueblo's Trust Lands. The DOE shall provide technical assistance to the Governor and others on matters relevant to local, regional and national environmental issues and on decisions and policy affecting the Pueblo. The DOE shall maintain databases to support environmental monitoring and risk assessment activities. The DOE agreement funds various positions within the department such as the Waste Isolation Pilot Program ("WIPP") which is focused on risk assessment work.

23.1.1.090 Amendment

The Council may amend this enabling act or reorganize the Department of Environmental Protection at any time upon majority vote of the Council.

23.1.1.100 Sovereign Immunity

Nothing in this Act waives the sovereign immunity of the Pueblo or any of its representatives, officers, or employees.

23.1.1.110 Severability

If a court of competent jurisdiction finds any provision of this Act to be invalid or illegal under applicable tribal and/or federal law, such provision shall be severed from this Act and the remainder of this Act shall remain in full force and effect.

Part 23.1.2 Tribal Historic Preservation Office Authorization Act of 2016

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R16-004, dated April 11, 2016.

23.1.2.010 Findings

(a) The Preamble of the Governing Agreement, which establishes the government for the Pueblo, states that the purpose of creating the government is to "…protect our culture, our resources, and to maintain law and order," and

(b) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement; and

(c) In order to protect the Pueblo's culture and resources, the Council has determined that it is in the best interests of the Pueblo to authorize the Pueblo to assume certain responsibilities from the State Historic Preservation Office as permitted by federal law.

(d) The Council hereby enacts the attached law entitled, "Tribal Historic Preservation Office Authorization Act of 2016."

23.1.2.020 Short Title

This enactment shall be known as the Tribal Historic Preservation Office Authorization Act of 2016 ("Act").

23.1.2.030 Purpose

The purpose of this Act is to authorize the Pueblo to assume certain responsibilities from the State Historic Preservation Office as permitted by federal law.

23.1.2.040 Definitions

(a) "Agreement" shall mean the Governing Agreement of the Pueblo;

(b) "Governor" shall mean the Governor of the Pueblo.

23.1.2.050 Findings

The Council hereby finds and declares that:

(a) The Preamble to the Governing Agreement Governing Agreement, which establishes the government for the Pueblo, states that the purpose of creating the government is to "…protect our culture, our resources, and to maintain law and order;" and,

(b) Under the Agreement, all three branches of government are required to exercise their powers consist with the culture, beliefs, and values of the Pueblo; and,

(c) In order to meet the goal of protecting the Pueblo's culture and cultural resources, the Council finds it in the best interests of the Pueblo to authorize the Pueblo to assume certain responsibilities from the State Historic Preservation Office as permitted by federal law.

23.1.2.060 Authorization to Assume Responsibilities

(a) The Governor and Director are hereby authorized and directed to complete and submit an application to the U.S. Department of the Interior, National Park Service, to assume certain responsibilities from the State Historic Preservation Office as permitted by federal law.

(b) The Governor and the Director are hereby authorized to take any actions to fulfill the goals of protecting the Pueblo's culture and historic preservation, and to expend funds appropriated by the Council for such purposes.

Part 23.1.3 Tribal Historic Preservation Office Establishment Act of 2017

23.1.3.010 Short Title

This enactment shall be known as the Tribal Historic Preservation Office Establishment Act of 2017 ("Act").

23.1.3.020 Purpose

The purpose of this Act is to create a Tribal Historic Preservation Office, authorize funding for the Office, and to otherwise set the goals of the Office.

23.1.3.030 Definitions

(a) "Agreement" shall mean the Governing Agreement of the Pueblo;

(b) "Officer" shall mean the Tribal Historic Preservation Officer;

(d) "THPO" shall mean the Tribal Historic Preservation Office of the Pueblo.

23.1.3.040 Findings

The Council hereby finds and declares that:

(b) Under the Agreement, all three branches of government are required to exercise their powers consist with the culture, beliefs, and values of the Pueblo; and,

(c) In order to meet the goal of protecting the Pueblo's culture and cultural resources, the Council finds it in the best interests of the Pueblo to create and fund the Tribal Historic Preservation Office.

23.1.3.050 Establishment of the Tribal Historic Preservation Office

(a) The Tribal Historic Preservation Office ("THPO") is hereby established and shall be located within the Pueblo de San Ildefonso.

(b) The Governor is hereby authorized to immediately select and employ a qualified member of the Pueblo to serve as the temporary Tribal Historic Preservation Officer pending the hiring of a permanent Tribal Historic Preservation Officer; provided, that the Council has appropriated funds in an approved budget for such purposes. Any person selected as the temporary Tribal Historic Preservation Officer shall be eligible to serve as the permanent Tribal Historic Preservation Officer.

(c) The Governor and the Tribal Historic Preservation Officer are hereby authorized to take any actions to fulfill the goals of the THPO, and to expend funds appropriated by the Council for such purposes.

23.1.3.060 Goals and Duties of the THPO

(a) The Tribal Historic Preservation Officer shall develop and implement programs which protect and promote the Pueblo's culture and cultural resources in accordance with the requirements of the Agreement.

(b) The Governor and Tribal Historic Preservation Officer shall be permitted to complete the necessary documents to apply for and receive grant funds from any source to fulfill the purposes of the THPO; provided, that any funds obtained must be appropriated by the Council in an approved budget or budget modification prior to expenditure.

(b) The Pueblo of San Ildefonso assumes responsibility on Pueblo of San Ildefonso tribal lands as defined in 54 USC 300319 for the following functions set out in 54 USC 302303 [commonly known as Section 101(b)(3) of the Act]:

(1) Direct and conduct a comprehensive, Reservation-wide survey and maintain an inventory of historic and culturally significant properties.

(2) Develop and implement a comprehensive, Reservation-wide historic preservation plan covering historic, archeological, and traditional cultural properties.

(3) Administer the tribal program of Federal assistance for historic preservation within the Tribe.

(4) Advise and assist, as appropriate, Federal and State agencies and local governments in carrying out their historic preservation responsibilities.

(5) Cooperate with the Secretary, the Advisory Council on Historic Preservation, and other Federal agencies, State agencies, local governments, and organizations and individuals to ensure that historic properties are taken into consideration at all levels of planning and development.

(6) Provide public information, education and training, and technical assistance in historic preservation.

(7) Consult with the appropriate Federal agencies in accordance with 54 USC 306108 (commonly known as Section 106 of the Act) on:

(A) Federal undertakings that may affect historic and culturally significant properties within the boundaries of the Reservation; and

(B) the content and sufficiency of any plans to protect, manage, or to reduce or mitigate harm to such properties.

(8) In evaluating the significance of and impact on historic and cultural resources, the Tribal Historic Preservation Officer will consult, as needed, with individuals who meet the Secretary's Standards for the discipline or disciplines that correspond to the resource under consideration. In any case where the individual consulted is not a staff member the Tribal Historic Preservation Officer will retain a record of the consultation.

(9) The Pueblo's Advisory Review Board will serve as the Tribal Historic Preservation Office's Advisory Review Board (Advisory Board) for the purposes of this agreement. The Tribal Historic Preservation Officer will, in accordance with 54 USC 302704(3) [commonly known as Section 101(d)(4)(C) of the Act], provide for the appropriate participation in the historic preservation program by the tribe's traditional cultural authorities through membership on its Advisory Board and through such other means as the Officer deems appropriate. Before making any decision pursuant to this agreement that affects a property of significance to another tribe whose traditional lands are within the Pueblo of San Ildefonso's tribal lands, the Tribal Historic Preservation Officer will consult with the appropriate representative(s) of that other Tribe/Pueblo. The Tribal Historic Preservation Officer will provide for the appropriate participation of the interested public by soliciting public comments in a manner described in the Pueblo's plan.

(10) The Pueblo will carry out its responsibilities for review of Federal undertakings pursuant to 54 USC 306108 (commonly known as Section 106 of the Act) in accordance with the regulations (36 CFR Part 800) of the Advisory Council on Historic Preservation.

(11) The Tribal Historic Preservation Officer will provide to the National Park Service a brief annual written report on the Pueblo's accomplishments pursuant to this agreement. The report will include, at a minimum, the number of additional properties surveyed and added to the Pueblo's inventory, the number of Federal undertakings reviewed pursuant to 54 USC 306108 (commonly known as Section 106 of the Act), and a description of any educational activities and programs carried out.

23.1.3.070 Authorization of Funding

The Council hereby authorizes up to $160,000 for the THPO, subject to final appropriation of funds in an approved Annual Budget or budget modification.

Part 23.1.4 Tribal Historic Preservation Office Government-to-Government Consultation Policy

23.1.4.010 Short Title

This enactment shall be known as the "THPO GOVERNMENT-TO-GOVERNMENT CONSULTATION POLICY."

23.1.4.020 Purpose

The purpose of this resolution is to establish an understanding and process for consultation with Federal Government, State, and Tribal agencies for managing all aspects of cultural resource protection.

23.1.4.030 Findings

The Council hereby finds and declares that:

(a) The Preamble of the Governing Agreement which establishes the government for the Pueblo de San Ildefonso states that the purpose of creating the government is to "protect our culture, our resources, and to maintain law and order.

(b) The Pueblo's government serves to protect and preserve our Pueblo lands, culture and history.

(c) The Pueblo wishes to develop a balanced plan for managing all aspects of cultural resource protection by working with the Federal Government, State, Local and Tribal agencies.

23.1.4.040 Approval

The Council hereby approves and authorizes the attached Government-to-Government Consultation Policy.