24.5.1.010 Findings
On April 12, 2000, the Council adopted Ordinance NO. SI-R00-001, establishing the Northern Pueblos Housing Authority ("NPHA").
(a) NPHA is the Tribally Designated Housing Entity ("TDHE") for the Pueblo, established by the Pueblo pursuant to § 4(18) and (21) of the Native American Housing and Self Determination Act of 1996, 25 U.S.C. §§ 4401 et seq. ("NAHASDA") for developing, operating, and managing housing units assisted by the United States Department of Housing and Urban Development ("HUD").
(b) The Pueblo has a shortage of affordable housing and it is critical to build new housing for income eligible tribal members.
(c) On January 29th, 2009, the Council approved, through Resolution No. SI-R09-002, the donation of a 25 year renewable land-lease to the NPHA, known as Tract 1, Deer Tail Vista.
(d) NPHA developed a proposal for development of a ten-lot duplex housing project to be located in the Deer Tail Vista Subdivision ("Project").
(e) On October 2010 an Environmental Assessment (EA) for the Project was prepared by WHPacific for NPHA and HUD.
(f) On March 16, 2011, HUD completed a Finding of No Significant Impact (FONSI) for the Project.
(g) In 2011 the Council reviewed the Project proposal and determined that it was to the best interest of the Pueblo to construct single housing units to avoid future problems between tenants.
(h) On May 16th, 2011, through Resolution No SI-R11-013, and on November 21st 2011, through Resolution No. SI-R11-034, the Council authorized the NPHA to apply for 2011 and 2012 Indian Community Development Block Grants respectively, on behalf of the Pueblo of financing of the Project.
(i) On January 23, 2012 the United States Department of Interior, Bureau of Indian Affairs ("BIA"), Northern Pueblo's Agency posted a Notice of Availability of Environmental Assessment and completed a FONSI for the Project.
(j) Souder, Miller & Associates of Albuquerque completed a survey plat titled "DEER TAIL VISTA, LOTS 1-10 WITHIN A PORTION OF TRACTS 1 & 2, DEER TAIL VISTA IN SECTIONS 6, T, 19N, N.M.P.M. IN THE SAN ILDEFONSO GRANT, SANTA FE COUNTY, NEW MEXICO.
(k) The survey plat was reviewed by the Pueblo and submitted to the BLM Indian land Surveyor of the BIA, Southwest Regional Office for review and was accepted on December 4, 2012.
(l) On December 12th, 2011, the Council, through Resolution No. SI-R11-038, authorized NPHA to apply for a HUD Title VI Loan Guarantee for the Project and authorized NPHA and the Pueblo to enter into a contract amongst HUD, the Pueblo and NPHA.
(m) The Pueblo has used master residential leases in the past.
(n) A master lease provides only a legal description of the perimeter of the property and not for individual lots.
(o) Subsequent conveyance of units to homebuyers under the master lease was administratively complex because it required a survey of the individual unit, a request to the Pueblo to partition the lease, approval of the partition by the Bureau of Indian Affairs (BIA), and then final Pueblo and BIA approval for unit conveyance.
(p) Individual residential leases for each residential lot simplifies the conveyance process because only NPHA's quitclaim of its interest and final approval by the Pueblo and the BIA is required.
(q) For the purpose of construction of the Project, NPHA is requesting from the Pueblo fifty (50) year leasehold interests in ten residential lots, more specifically described in proposed leases, copies of which are attached hereto and incorporated herein by reference.
(r) In support of this Project, the Pueblo will contribute to the Project leasehold interests in the above-mentioned parcels of land in the form of Bureau of Indian Affairs approved and recorded Residential Leases of Tribally Owned Land.
(s) NPHA has requested that the Pueblo execute an Environmental Review Record (ERR) reaffirming acceptance of the Environmental Review for the Project and authorizing NPHA to use up to $849,280 in previously committed and Pueblo-approved IHBG funds for Project construction.
