24.4.4.010 Findings

(a) In 2005, the United States Court of Federal Claims awarded the Pueblo a judgment amount of $6,900,000.00 for the settlement of the Pueblo's claims in Pueblo de San Ildefonso v. United States, Docket Number 354, resolving the Pueblo's land title and trespass claims against the Federal Government, the City of Los Alamos, and Los Alamos County.

(b) The Pueblo de San Ildefonso Claims Settlement Act of 2005, 25 U.S.C. § 1780 et. seq. sets forth the requirements of the distribution and use of these judgment funds.

(c) Pursuant to 25 U.S.C. § 1780d, the funds may only be used to acquire the federally administered Settlement Area Lands; to pay for the acquisition of the Water System Lands, as provided in the Los Alamos Agreement, and at the option of the Pueblo, to acquire other land.

(d) The Pueblo exercised its right to purchase Forest Service lands from the Federal Government for approximately $3.9 million.

(e) The Office of the Special Trustee for American Indians ("Special Trustee") manages the remaining Pueblo de San Ildefonso Claims Settlement Act of 2005 funds.

(f) After the purchase of the lands, the remaining balance of judgment funds is $3,198,729.

(g) The Council approved a long0term investment plan for the use and distribution of all Pueblo de San Ildefonso Claims Settlement Act of 2005 judgment funds including accrued interest and investment income, which shall be managed by the Pueblo de San Ildefonso.

(h) The long-term investment plan for the Pueblo de San Ildefonso Claim Settlement Act of 2005 funds shall advance $1,000,000 into a "long-term" account with the intent that these account funds are not expected to be withdrawn in the foreseeable future.

(i) The long-term investment plan for the Pueblo de San Ildefonso Claim Settlement Act of 2005 funds shall advance $1,558,729 which shall be invested into the "income" account to generate current income to meet tribal operating needs in accordance with Pueblo de San Ildefonso Investment plan.

(j) The long-term investment plan for Pueblo de San Ildefonso Claim settlement Act of 2005 funds shall continue to hold $640,00 in the "liquidity" account in accordance with Pueblo de San Ildefonso Investment Plan.

(k) No Authorized tribal expenditure shall provide per capita or dividend payments to tribal members.

(l) The investment plan shall only be used to acquire the federally administered Settlement Area Land to pay for the acquisition of the Water System Land, as provided in the Los Alamos Agreement; and at the option of the Pueblo, to acquire other land.

(m) On December 21, 2012, the Council approved the purchase of property located at 4 Pajarito Loop in the amount of $40,000.

(n) On May 13, 2013, the Council approved the purchase of the Lujan property located off SR 30 & Little Bird Road in the amount of $600,000.

(o) These purchases are allowable expenses under this settlement and the Pueblo seeks to drawdown funds to cover these purchases.