24.2.2.010 Findings
(a) On April 30, 1962, the Pueblo de San Ildefonso granted an easement for right-of-way ("Easement") for a gal line to Southern Union Gas Company, a Corporation.
(b) The New Mexico Gas Company is now the GRANTEE as successor to the original Grantee, and provider of natural gas services on lands of the Pueblo.
(c) The Easement was granted for a fifty year term beginning on April 30, 1962 and ending on April 29, 2012.
(d) The United States Bureau of Indian Affairs approved the Easement on May 10, 1962.
(e) On January 22, 2004, the Pueblo de San Ildefonso and the County of Los Alamos entered into the Las Alamos Agreement to address issues which result form, or are affected by, the Settlement Agreement for Docket 354 of the Indian Claims Commission, including the Grant of Easement to the Southern Union Gas Company, a Corporation for Gas Line Facilities. The Los Alamos Agreement requires the Pueblo to amend the Easement to incorporate terms and conditions of the Los Alamos Agreement.
(f) Public Law 109-286, 120 Stat. 1218 (2006), the Pueblo de San Ildefonso Claims Settlement Act ("Settlement Act"), ratified the Los Alamos Agreement.
(g) The Los Alamos Agreement requires the Pueblo to amend the Easement to eliminate the limitation of term and allow the existing Easement to continue until such time as the Easement is abandoned by the County or other utility provider.
(h) The Pueblo hereby reaffirms and clarifies its intent regarding the scope of the Easement and its Amendment authorized by this Resolution that (a) any expansion or upgrade of the size or capacity, change in location, or assignment of any interest requires prior written approval of the Pueblo, and (b) the Pueblo retains the right to obtain services for the utility provider holding the Easement.
(i) The attached "Grant of Easement" for Right-of-Way for Gas Line Facilities Amendment No. 1," with Attachment A being the original Grant of Easement for right-of-way for a gas line and Attachment B being the corrected Re-Survey and Legal Description, have been reviewed and recommended by staff at the Bureau of Indian Affairs and The Pueblo Realty Office.
