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Pueblo de San Ildefonso Code.

24.2.7.030 Findings

The Council hereby finds and declares that:

(a) The Pueblo and DOE/NNSA entered into a 1998 Grant of Easement for Right-of-Way for Electric Lines for the 115 kV electric transmission line, known as the Norton Line, which easement expires on July 31, 2018.

(b) DOE/NNSA has requested to enter into a new Right-of-Way for the Norton Line.

(c) The Pueblo and DOE/NNSA have negotiated terms for a Grant of Right-of-Way through a Right-of-Way Agreement for a twenty-five (25) term which will begin August 1, 2018 and end on July 31, 2043.

(d) The Pueblo and DOE/NNSA have agreed upon compensation in the amount of $4,663,621 in a one-time payment for the Right-of-Way directly to the Pueblo upon approval of the Grant of Right-of-Way by the Bureau of Indian Affairs.

(e) It is in the best interest of the Pueblo to accept the agreed upon compensation and to waive the valuation pursuant to 25 CFR §169.110(a).

(f) It is also in the best interest of the Pueblo to request waiver of the requirement for a bond pursuant to 25 CFR §169.103(f)(2) since the compensation will be paid in full to the Pueblo upon approval of the Grant of Right-of-Way and is not necessary in connection with construction of the existing transmission facilities in the Right-of-Way.

(g) The Council, having reviewed the proposed Right-of-Way Agreement finds approval of the Agreement with DOE/NNSA is in the best interest of the Pueblo.