24.6.1.010 Findings

(a) The Jemez Mountains Electric Cooperative, Inc. (JMEC) has expired rights of way across the Pueblo's lands.

(b) The JMEC also desires to renew its lease for the Pueblo's lands on which the El Rancho substation is located and also its rights of way across the Pueblo lands for the tie-in lines to the substation and the distribution lines associated with the substation.

(c) The Pueblo assembled a Tribal Negotiation Team to address both the expired power line rights of way and the proposed lease renewal for the substation site and, the Team has been in negotiations with JMEC to resolved these matters in a global settlement that incudes both the past due amounts and future payments for renewal of all the JMEC rights of way and the substation lease for 25 year terms and to cure past trespasses by JMEC over the Pueblo lands.

(d) The Tribal Negotiation Team has been advising the Tribal Council on the negotiations with JMEC, including the Pueblo's initial right of way valuation and a series of counter offers by both JMEC and the Pueblo.

(e) The Tribal Negotiating Team and JMEC have reached an agreement subject to the approval of the Tribal Council as regards rights of way over Pueblo lands and the lease of Pueblo lands to JMEC for the El Rancho substation based on a $3,211.09 per acre valuation of the rights of way and lease in question, with annual payments for the rights of way and lease to be paid over a 25 year period pursuant to the Final Payment Schedule attached as Ex. 1.

(f) The Tribal Negotiating Team and JMEC have also reached an agreement subject to the approval of the Tribal Council as regards the settlement of trespass claims against JMEC for its continued use of expired rights of way across Pueblo lands.