24.2.8.030 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) On October 6, 2017, the Pueblo and DOE/NNSA executed a new Right-of-Way Agreement for the Norton Line, the term of which will begin August 1, 2018.

(c) In the process of reviewing a new survey for the Right-of-Way area for the Norton Line ("Initial Survey"), it was discovered that the boundary of the Pueblo's lands which had been used as the end line of the previous Right-of-Way descriptions for the Norton Line had changed due to the natural meandering of the Rio Grande River.

(d) The change in the Pueblo's eastern boundary increases the total acreage of the Norton Line Right-of-Way as the 115 kV electric transmission line crosses over the Rio Grande River and the eastern boundary of the Right-of-Way has been tied to the boundary of the Rio Grande River.

(e) 25 CFR Part 169.102 requires an accurate legal description of the right-of-way and its boundaries and definite location of the right-of-way.

(f) The Pueblo obtained a Supplemental Survey for the area ending at the eastern end of the Initial Survey and the new medial line of the Rio Grande River. The Supplemental Survey reflects the additional acreage and changed eastern boundary for the Norton Line Right-of-Way that resulted from the meandering of the Rio Grande River.

(g) The Council acknowledges that the boundaries and acreage for the Norton Line Right-of-Way for purposes of the Right-of-Way Agreement shall consist of the boundary, acreage, and legal descriptions contained in both the Initial Survey and the Supplemental Survey. The Initial Survey Right-of-Way area consists of 29.41 acres and the Supplemental Survey Right-of Way area consists of 0.629 acres for a total acreage of 30.04 acres, more or less.

(h) Pursuant to the Right-of-Way Agreement, the Pueblo and DOE/NNSA had agreed upon compensation in the amount of $4,663,621 for the Right-of-Way and the Council, by SI-R18-006, determined it was in the Pueblo's best interest to accept the agreed upon compensation and to waive the valuation pursuant to 25 CFR §169.110(a).

(i) The Council determines that it is in the best interest of the Pueblo not to require additional compensation from DOE/NNSA for the additional acreage resulting from the changed Right-of-Way boundary.

(j) The Council, having reviewed the Amendment to Right-of-Way document, attached hereto, finds approval of the Amendment is in the best interest of the Pueblo.

(k) The Council acknowledges that all other terms of the October 6, 2017 Right-of-Way Agreement remain in full force and effect.

(l) The Council acknowledges that time is of the essence to submit the completed Right-of-Way package to the BIA for approval, and acknowledges that the Governor and the DOE representative, in the interest of addressing the unusual situation involving the changed boundaries and increased acreage as quickly as possible, had the opportunity to sign the proposed Amendment to Right-of-Way Agreement, with the understanding that the Council must approve the Amendment and ratify the Governor's signature of the document to be effective.