24.10.1.040 Definitions

When used in this Act, the term:

(a) "Compliance incentive charge" means an amount equal to twenty percent (20%) of the original trespass charge for the first month plus ten percent (10%) of the then-current trespass charge times the number of months following notification of person in trespass for the second and subsequent months.

(b) "Council" means the governing body of the Pueblo.

(d) "Lease" means any agreement between the Pueblo and a person that grants a right of possession of Pueblo lands for a specified purpose and duration in accordance with applicable federal law and regulations.

(e) "Permit" means any agreement between the Pueblo and a person that grants a revocable privilege to use Pueblo lands for a specified purpose. Permit includes sand and gravel and borrow material permits.

(f) "Person" means any individual, group of individuals, corporation, partnership, association, state, municipality, commission, political subdivision of a state, interstate body, the federal government or any federal agency or any other entity, but does not include the Pueblo, or other Pueblo's entities or instrumentalities as may be determined by the Council by law.

(g) "Pueblo" means Pueblo de San Ildefonso, a federally recognized Indian tribe.

(h) "Pueblo lands" means any land or any interest in land owned or held by the Pueblo, or held in trust by the United States for the Pueblo.

(i) "Realty Officer" means the realty officer of the Pueblo's Realty Department.

(j) "Right-of-way" means an agreement between the Pueblo and a person that grants an easement or right-of-way in, over, under, through or to Pueblo lands in accordance with applicable Pueblo and federal law and regulations.

(k) "Secretary" means the Secretary of the Interior or his or her authorized representative.

(l) "Trespass" means the unauthorized possession, occupancy, holding over upon, entry upon, or use of Pueblo lands.

(m) "Trespass charge" means the annual rental value of the total acreage encumbered by the property of the person in trespass which is equal to the encumbered acreage times the highest annual rental value per acre then in place anywhere on Pueblo lands as determined by the Realty Officer. A monthly trespass charge is then determined by dividing the annual rental value by twelve (12). The trespass charge may be changed at any time to reflect the then-current highest annual rental value on Pueblo lands.