Title 24 PROPERTY

Chapter 24.1 Zoning

Part 24.1.1 Zoning and Planning, Building Permits, and Miscellaneous

24.1.1.010 Restrictions for Land Assignments, Homes, and Buildings

(a) OWNERSHIP RIGHTS LIMITED TO TRIBAL MEMBERS. Ownership of the Pueblo's lands is vested in the Pueblo de San Ildefonso and held in common for the benefit of its tribal members.

Any assignment of the Pueblo's lands including individual land assignments and rights or property interests to homes or structures on land assignments are restricted to San Ildefonso Pueblo tribal members.

(b) TRANSFER OF LAND ASSIGNMENT, INTERESTS IN LAND ASSIGNMENTS, HOMES OR BUILDINGS TO NON-MEMBERS PROHIBITED. No ownership or property interest in a land assignment, home or buildings or any other real property interest within the Pueblo's lands held by a Pueblo member shall be sold, deeded or transferred to a non-member of the Pueblo.

(c) APPROVAL REQUIRED FOR USE OF PROPERTY BY NON-MEMBERS. Members of the Pueblo of San Ildefonso shall obtain prior written approval from the Governor before renting, leasing or lending any buildings, houses, land assignments, or any interest in a land assignment, under their ownership or control and within the jurisdiction of the Pueblo to a non-member of the Pueblo.

(d) APPROVAL REQUIRED FOR RESIDENCE BY NON-MEMBER SPOUSES OR OTHERS. All non-members who plan to reside in the Pueblo or on Pueblo land with their member spouse or any other San Ildefonso tribal member must first report to the Governor before taking up residence, and must sign an agreement to respect and abide by all laws, customs, rules and regulations of the Pueblo including consenting to the jurisdiction of the Pueblo's Courts; provided, that non-member residents of the Pueblo who have continuously resided for at least five (5) years with a member of the Pueblo immediately prior to December 21, 2011, shall not be required to sign an agreement as a condition to continued residency so long as they are in compliance with the laws, customs, rules, and regulations of the Pueblo. A widowed non-member spouse of a member of the Pueblo who wishes to remain a resident of the Pueblo must request permission from the Governor to continue their residency. The Governor shall be authorized to issue regulations to govern the actions and conduct of non-members who reside on the Pueblo including the terms of written agreements setting conditions for non-members to maintain residency, which may include a code of conduct that conforms to the laws, customs, and traditions of the Pueblo.

24.1.1.020 Building Permits

(a) PURPOSE. The Governor and Council are interested in the orderly development of the Pueblo and it is recognized that there are certain types of construction that may be detrimental to the health, safety, and general welfare of the Pueblo residents and their property, depending on the fact of each particular case.

(b) BUILDING PERMITS REQUIRED.

(1) Prior to the commencements of any construction having a value of over $100.00, a plan will be submitted to the Governor and Tribal Council. If the Governor and Council approve the plan, a building permit will be issued by the Governor and Council to the applicant, with any conditions or requirements deemed proper, which will be valid for a period of one year.

(2) Any building permit issued under this Section must state, among other conditions, the following:

(A) Name and address of party requesting the permit.

(B) Location of construction; that is section, township, range and any subdivision thereof, or other appropriate description.

(D) The approximate cost of construction.

(E) Statement that the construction will not be detrimental to the public peace, health, safety and general welfare of the public.

(F) That the party requesting the permit will sign the permit thereby agreeing to perform the construction as required by the permit to maintain warning signs and lights at the site of construction, to remove all rubbish from public roadways and not to block such roadways except with approval of the Governor and Council, and leave construction site in a clean and slightly manner as may be required.

24.1.1.030 Miscellaneous Provisions

(a) CRIMINAL TRESPASS – BUILDINGS. Any person who without permission of the owner shall entre or intentionally remain in any building or separately secured or occupied portion thereof, knowing that he is not licensed or privileged to do so whether by day or night, shall be guilty of a violation and, upon conviction thereof, may be subject to pay a penalty assessment of not to exceed $300.00 with costs, or to such other orders of the Court, and may be ordered by the Court to make restitution for any damage caused by the act of trespass.

(b) DEFACING OFFICIAL SIGNS. Any person who shall, without proper authorization, pull down or deface any sign of any nature of the Pueblo, State or Federal Government or any advertisement authorized by law, shall be guilty of a violation and, upon conviction thereof, may be subject to pay a penalty assessment of not to exceed $50.00 with costs, or to such other orders of the Court, and may be required to make restitution for the damages done.

(c) DESECRATION OF RELIGIOUS SITES. Any person who shall desecrate by any act, including removal of artifacts or any other material firm burial grounds or other religious and sacred or traditional areas of the Pueblo of San Ildefonso, shall be guilty of a violation and, upon conviction thereof, shall be subject to pay a penalty assessment of not to exceed $500.00, with costs, or such other orders of the Court, and may be required to make appropriate restitution in the discretion of the Court, or may be excluded from the San Ildefonso Reservation under provisions of this Code.

(d) INJURY TO PUBLIC PROPERTY. Any person who by any means whatever shall willfully or mischievously injure, destroy or deface any building or other property of the Pueblo, State or the United States Government or any other public property or deface or write upon any walls or shall injure the grounds appurtenant thereto or the trees, fences, soil or pavement thereof, shall be guilty of a violation and, upon conviction thereof, shall be subject to pay a penalty assessment of not more than $200.00, with costs, or to such other orders of the Court, and may be required to make proper restitution, including parents of minor children who violate this Section.

(e) LITTERING. Any person who shall dispose of any garbage or other forms of litter or waste anywhere within the exterior boundaries of the Pueblo, including waterways, roadways, public roads, campgrounds or other public places, except in public waste disposal grounds designated by the Council shall be guilty of a violation and, upon conviction thereof, may be subject to pay a penalty assessment of not to exceed $100.00, with costs, or to such other orders of the Court, and may be required to clean up the litter.

(f) MAINTAINING A PUBLIC NUISANCE. Any person who shall act in such manner or permit his property to fall into such condition as to injure the property of other persons or the Pueblo or to place another person in fear of his safety, health or comfort, shall be guilty of a violation and, upon conviction thereof, nay be subject to pay a penalty assessment of not to exceed $200.00 with costs, or to such other orders of the Court, and may be required to remove or correct such nuisance when ordered by the Court, or shall be removed or corrected by the Pueblo if the person so convicted is sixty (60) years of age or older.

(g) ADDENDUM Littering And Illegal Dumping.

Any person(s) who shall dispose of any garbage or other forms of litter or waste anywhere within the exterior boundaries of the Pueblo of San Ildefonso, including waterways, roadways, public roads, campgrounds or other public places, except in public waste disposal grounds designated by the San Ildefonso Tribal Council shall be guilty of a violation and, upon conviction thereof, may by subject to pay penalty assessment of a minimum of $500.00 and a maximum of $1,000.00, with costs, or to such other orders of the Court, and may be required to clean

Chapter 24.2 Rights-Of-Way

Part 24.2.1 Approving a Right-of-Way for the Valor Telecommunications of Texas, LLC d/b/a/ Windstream Communications Southwest

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R12-005, dated January 9, 2012.

24.2.1.010 Findings

(a) Windstream Communications ("Windstream") has been working with the Pueblo to resolve right-of-way issues for existing facilities located in the Pajarito area.

(b) The Application process requires the property to be appraised for monetary consideration for a Grant of Easement for Right of Way.

(c) An Appraisal Report was prepared for Windstream by Kathleen Klar, MAI, SRA of Albuquerque, New Mexico for a market value of $112,400.00.

(d) The Appraisal Report was reviewed for fair market value by Regional Supervisory Appraiser, Ms. Deborah Lewis, ARA from the Office of Appraisal Services – Southwest Regional and approved.

(e) The Appraisal Report was approved on July 28, 2011 for its intended use in negotiations purposes.

(f) The Pueblo and Windstream have negotiated and settled to a monetary consideration in the amount of $145,000.00 for a 15 year term starting June 22, 2010, the date that the prior Agreement between the Pueblo and Windstream expired.

(g) On December 21, 2011 Windstream delivered a Right-of-Way Application and supporting documentation to the Pueblo for approval.

24.2.1.020

The Pueblo and Windstream have negotiated in good faith to resolve outstanding right-of-way issues.

24.2.1.030

The Tribal Council hereby approves a Grant of Easement for Right of Way to Valor Telecommunication of Texas, LLC d/b/a Windstream Communications Southwest for a monetary value of One Hundred Forty Five Thousand Dollars ($145,000.00) for a fifteen (15) year term starting June 22, 2010.

24.2.1.040

The Grant of Easement will expire fifteen years from June 22, 2010 after which a new Grant of Easement for Right of Way will be required.

24.2.1.050

The Pueblo requests the United States Department of Interior, Northern Pueblos Agency Superintendent, to approve the Grant of Easement for Right of Way for a term of fifteen (15) year term starting June 22, 2010.

24.2.1.060

Tribal Council Authorizes and directs the Governor, or his designee, to take such actions as deemed necessary to carry out the intent and purpose of this Resolution.

Part 24.2.2 Approving Grant of Easement for Right-of-way for Gas Line Facilities Amendment No. 1

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R12-039, dated October 9, 2012.

24.2.2.010 Findings

(a) On April 30, 1962, the Pueblo de San Ildefonso granted an easement for right-of-way ("Easement") for a gal line to Southern Union Gas Company, a Corporation.

(b) The New Mexico Gas Company is now the GRANTEE as successor to the original Grantee, and provider of natural gas services on lands of the Pueblo.

(d) The United States Bureau of Indian Affairs approved the Easement on May 10, 1962.

(e) On January 22, 2004, the Pueblo de San Ildefonso and the County of Los Alamos entered into the Las Alamos Agreement to address issues which result form, or are affected by, the Settlement Agreement for Docket 354 of the Indian Claims Commission, including the Grant of Easement to the Southern Union Gas Company, a Corporation for Gas Line Facilities. The Los Alamos Agreement requires the Pueblo to amend the Easement to incorporate terms and conditions of the Los Alamos Agreement.

(f) Public Law 109-286, 120 Stat. 1218 (2006), the Pueblo de San Ildefonso Claims Settlement Act ("Settlement Act"), ratified the Los Alamos Agreement.

(g) The Los Alamos Agreement requires the Pueblo to amend the Easement to eliminate the limitation of term and allow the existing Easement to continue until such time as the Easement is abandoned by the County or other utility provider.

(h) The Pueblo hereby reaffirms and clarifies its intent regarding the scope of the Easement and its Amendment authorized by this Resolution that (a) any expansion or upgrade of the size or capacity, change in location, or assignment of any interest requires prior written approval of the Pueblo, and (b) the Pueblo retains the right to obtain services for the utility provider holding the Easement.

(i) The attached "Grant of Easement" for Right-of-Way for Gas Line Facilities Amendment No. 1," with Attachment A being the original Grant of Easement for right-of-way for a gas line and Attachment B being the corrected Re-Survey and Legal Description, have been reviewed and recommended by staff at the Bureau of Indian Affairs and The Pueblo Realty Office.

24.2.2.020

That the Pueblo de San Ildefonso Council approves the attached document labeled "Grant of Easement for Right-of-Way for Gas Line Facilities Amendment No.1" attached to this resolution, which deletes the term limitation required pursuant to the Los Alamos Agreement."

24.2.2.030

That the Pueblo requests the United States Department of the Interior, Northern Pueblos Agency Superintendent, to approve the attached "Grant of Easement for Right-of-Way for a Gas Line Facilities Amendment No. 1."

24.2.2.040

That the Pueblo de San Ildefonso Council hereby approves and adopts this Resolution in accordance with the requirements of the "Agreement," according to published Council procedures, and authorizes and directs the Governor, or his designee, to take such actions as deemed necessary to carry out the intent of this resolution.

Part 24.2.3 Approving a Right-of-Way for Indian Health Services for a Water Main Extension from Black Mesa Well #1 to the New Black Mesa Pumphouse and for the Water Main Extension from the Pumphouse to the Pajarito Water System

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R13-032 dated July 24, 2013.

24.2.3.010 Findings

(a) On January 26, 2006, an amendment to the Environmental Protection Agency (EPA) Safe Drinking Water Act (SDWA) reduced the maximum contaminant level (MCL) for arsenic from 50 to 10 parts per billion (ppb).

(b) The Pajarito water system, consisting of two wells, has an arsenic concentration between 15 and 22 ppb and subsequently does not comply with the amended MCL.

(c) The Pueblo requested and has been granted an exemption that gives the Pueblo until January 2015 to bring the Pajarito water system into compliance with the SDWA.

(d) In 2007, the Pueblo received and will administer a direct grant under the EPA in the amount of $783,000, which will be allocated towards drilling a 1,200 ft deep well in Pajarito ($650,00) and renovating existing Main Village Wells #1 and #2 ($133,000).

(e) On April 6, 2010, Indian Health Services (IHS) presented to the Tribal Council and recommended reducing MCL levels by developing a new well on the Ease side of the Rio Grande and pumping water to Pajarito via boring locations under the Rio Grande.

(f) In September 2010, the Pueblo requested assistance from IHS to engineer and oversee construction of video inspection, pump testing, and water quality testing of Main Village Wells #1 and #2.

(g) The Pueblo and IHS entered into a Memorandum of Agreement under HIS project, AL 10-110 for this scope of work.

(h) In March 2011, IHS helped the Pueblo secure an additional $800,000 from EPA SWDA funding to construct a new well, pumphouse booster, station, and water main extension to Pajarito under the Rio Grande through IHS project Al 11-115.

(i) Based on video inspection, pump testing, and water quality testing of Main Village Wells #1 and #2 completed in March 2011, it was determined that these new wells should not be used and a new community well should be drilled.

(j) In October 2011, IHS utilized their government contract with Bohannan-Huston Inc. to have a hydrogeological study performed to site the best location for a new community well.

(k) The hydrogeological study recommended drilling a new exploratory well and production well approximately 850 feet north of the existing Black Mesa Well, which will increase water system reliability and provide sufficient water supply for both the Main Village and Pajarito communities.

(l) Well construction began in July 2012 and is now nearly complete, HIS is sizing the new well pump, and the hydrogeologist has completed a 95% draft report on the well.

(m) The EPA has indicated that the direct grant ($783,000) funds will expire on October 31, 2013 and that if they are not spent, EPA will have to cancel the grant and the remaining funds will be used for a different project.

(n) IHS is working with the Pueblo and The EPA to try to spend as much of the grant direct funds as possibly before they expire.

(o) IHS has proposed designs to the Pueblo for a water main from the new pumphouse near Black Mesa Well #2 and a water main extension from the new pumphouse to connect to the existing water system.

(p) The Pueblo held to noticed community meetings on June 26, 2013 and July 11, 2013 to address impacts to tribal members' assigned lands along the water main route.

(q) At the June 26, 2013 community meeting, tribal members with assigned property along the water main route requested changes and a revised route was designed as shown on the attached map.

(r) No changes to the new route were requested at the community meeting held on July 11, 2013.

(s) The Pueblo finds that it is in the best interest of the Pueblo to move forward with the route proposed at the June 26, 2011 meeting.

24.2.3.020

The Council for the Pueblo de San Ildefonso hereby approves of a Grant of Easement for Right-of-Way to Indian Health Services for a new water main from the Black Mesa Well #1 to the new Black Mesa Pumphouse and water main extension from the new pumphouse to connect to the existing water system as shown on the attached map.

24.2.3.030

That the Pueblo de San Ildefonso Council hereby approves and adopts this Resolution in accordance with the requirements of the Agreement, according to published Council procedures, and authorizes and directs the Governor, or his designee, to take such actions as deemed necessary to carryout the intent of this Resolution

Part 24.2.4 Approving Phase II of Proposed Verde Transmission, L.L.C.'s Project and Route Alternative 3 for the Verde Transmission Project

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R13-048 dated November 25, 2013.

24.2.4.010 Findings

(a) Verde Transmission, L.L.C., a Delaware limited liability company ("Verde"), proposes to construct a new 345 kV electric power transmission line between the Ojo Substation, near Hernandez, NM and the Norton Substation, near Santa Fe, NM, together with various ancillary facilities, to be called the "Verde Project," a project that would greatly increase the robustness and reliability of the electric transmission grid in northern New Mexico and facilitate the delivery of renewable energy to customers throughout the Southwest.

(b) Verde approached the Pueblo for the purpose of entering into negotiations for a right-of-way and permission to construct the new line.

(c) Many details of the proposed project, including the specific alignment to be followed by the line over tribal lands, must be negotiated by the Pueblo's representatives and considered by the Council.

(d) The Pueblo has decided to carry out negotiations of the project in two phases.

(e) On October 10, 2012, the Council adopted Council Resolution No SI-R12-030 (Oct. 12, 2012), which expressed interest in the Verde Project subject to the development of a proposed route acceptable to the Pueblo and authorized Verde to conduct a land survey for the proposed transmission corridor under the first phase of the project.

(f) Pursuant to Council Resolution No. SI-R12-030, the Governor has established a Pueblo negotiating team to work with Verde to review and analyze the project and determine a suitable route for the transmission lines.

(g) The second phase of the project will involve final negotiation of the right-of-way.

(h) Based on land surveys Verde has proposed three different route alternatives for the Pueblo's consideration:

(1) Route Alternative 1 – Parallel to existing 115 kV line.

(2) Route Alternative 2 – Along the northern and most of the eastern boundary of the Pueblo, entirely within Pueblo lands.

(3) Route Alternative 3- Along the eastern boundary of the Pueblo, including private lands within the exterior boundaries.

(i) The Council recognizes that Route Alternative 3 is the proposed route that best serves the Pueblo's interests.

(j) The Pueblo will require Verde to pay the Pueblo's Land Use Application Fee for the second phase of activity in accordance with Council Resolution SI-R11-032 (Oct. 20. 2011) to cover the costs incurred by the Pueblo in negotiations of the project.

24.2.4.020

The Council determined that Route Alternative 1 is not an acceptable route.

24.2.4.030

The Council for the Pueblo de San Ildefonso hereby approves of Verde Transmission, L.L.C's proposed Route Alternative 3 for a right-of-way along the Pueblo de San Ildefonso's eastern boundary, provided that it is a feasible route.

24.2.4.040

The Council approves Route Alternative 2 as an alternate option in the event that Route Alternative 3 is not feasible.

24.2.4.050

The Governor is authorized to proceed with Phase II for the project and begin negotiations of the right-of-way and to take all steps needed for diligent negotiation.

24.2.4.060

Verde shall pay to the Pueblo the non-refundable Land Use Application Fee of $78,576 ($38,576 for administrative costs and $40,000 for third party costs) for the second phase of the project as reimbursement for the Pueblo's expenses related to determining the monetary value of the land use rights to be authorized, conducting any necessary negotiations, obtaining legal counsel and professional consulting services, and conducting administrative review of the project in accordance with the attached proposed letter agreement with Verde. Should the Pueblo's third party costs exceed those sums due to unforeseen developments, the parties will negotiate as to additional payments to cover such excess costs.

24.2.4.070

Part 24.2.5 Authorizing Amending of the Right-of-Way Agreement with Jemez Mountain Electric Cooperative

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R14-001 dated January 29, 2014.

24.2.5.010 Findings

(a) In early 2012, the Pueblo and Jemez Mountains Electric Cooperative, Inc. (JMEC) negotiated a settlement for three expired rights-of-way across the Pueblo's lands and the renewal for the substation properties in a global settlement that included both the past due amounts and future payments for all of the JMEC rights-of-way and substation lease under a new rights-of-way agreement for a 25 year term.

(b) The "Rights of Way, Lease and Trespass Settlement Agreement" dated February 11, 2012 provided for payment of $5,998,695 over 25 years for 74.73 acres based on a value of $3211.09 per acre.

(c) JMEC filed various Rate Riders with the New Mexico Public Regulation Commission ("PRC") in order to recover the cost of rights-of-way across several different Pueblos' lands.

(d) The initial proposed rate increase filed with the PRC for the recovery of the costs for the Pueblo's rights of way was based on revised acreage amounts for JMEC Facilities on San Ildefonso lands of 78.43 acres.

(e) Rate Rider No. 4 as initially filed could have raised the electric bills for JMEC customers residing within the Pueblo's boundaries by as much as 50% and such an increase would have caused an economic hardship to both tribal and non-tribal residents.

(f) The Pueblo agreed to mediation in an effort to find ways to reduce the impact of the rate increase.

(g) Pueblo and JMEC representatives met numerous times to reevaluate the routes, acreage, and type of electric facilities in a good faith effort to reduce the electric rate increase while still maintaining the Pueblo's right to compensation for rights of way over its lands.

(h) The Pueblo has proposed to have several local distribution lines be subject to service line agreements rather than a right of way agreement, thereby removing those lines from the total right of way acreage amount subject to compensation.

(i) reducing the amount of local distribution line acreage will result in the Pueblo receiving less compensation for the right of way across its lands but it will have the beneficial effect of reducing the rate increase for all JMEC customers within the Pueblo's boundaries.

(j) The Council has been continuously informed of the proposed negotiations regarding the right-of-way and the rate increase matters and has determined that it is in the Pueblo's best interest to amend the right of way agreement with JMEC to maintain the value per acre of $3211.09 and reduce the right of way acreage from 74.73 acres in the initial agreement to 58.19 acres.

(k) The Council understands that the reduction in acreage will result in the Pueblo forgoing approximately $53,111 annually and $1,327,785 over the life of the 25 year right of way agreement term.

(l) The Council has determined it is in the best interest of the Pueblo and its residents, both tribal and non-tribal, to amend the right of way agreement in order to reduce the economic impact for JMEC customers within its boundaries as a result of rate recovery actions.

24.2.5.020

The Pueblo de San Ildefonso Council hereby directs that:

(a) The Governor negotiate terms to amend the existing "Rights of Way, Lease and Trespass Settlement Agreement" dated February 11, 2012 between the Pueblo and JMEC to reflect the reduced overall acreage amount of 58.19 acres.

(b) Negotiate such other terms as necessary to carry out the intent of this Resolution; provided that any finally negotiated right of way agreement amendment must be brought back before the Council for final approval and authorization.

24.2.5.030

Part 24.2.6 Approving Amendment No. 1 to the Rights-of-Way, Lease and Trespass Settlement Agreement with Jemez Mountains Electric Cooperative

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R14-006 dated February 23, 2014.

24.2.6.010 Findings

(b) The "Rights of Way, Lease and Trespass Settlement Agreement" dated February 11, 2012 provided for payment of $5,998,695 over 25 years for 74.73 acres based on a value of $3211.09 per acre.

(c) JMEC filed a Rate Rider with the New Mexico Public Regulation Commission ("PRC") to recover the cost of the right-of-way based on revised acreage amounts for JMEC Facilities on San Ildefonso lands of 78.43 acres.

(d) Rate Rider No. 4 as initially filed could have raised the electri bills for JMEC customers residing within the Pueblo's boundaries by as much as 50% and such an increase would have caused an economic hardship to both tribal and non-tribal residents.

(e) The Council in SI-R14-001 has determined it is in the best interest of the Pueblo and its residents, both tribal and non-tribal, to amend the right of way agreement in order to reduce the economic impact for JMEC customers within its boundaries as a result of PRC rate recovery actions.

(f) The Governor has negotiated Amendment No. 1 to Rights of Way, Lease and Trespass Settlements Agreements, attached hereto, which reduces the overall acreage amount to 58.19 acres and will result in a total payment of $4,671,333.18.

(g) The Council has reviewed the attached Amendment No. 1 and has determined it is consistent with the directive of SI-R14-001 and that it is in the best interest of the Pueblo to approve the amendment to the JMEC Right of Way Agreement.

24.2.6.020

The Pueblo de San Ildefonso Council hereby directs that:

(a) The Governor is authorized to sign Amendment No. 1 to Rights of Way, Lease and Trespass Settlement Agreement dated February 11, 2012, between the Pueblo and JMEC to reflect the reduced overall acreage amount of 58.19 acres for a total payment of $4,671,333.18. (See, Resolution No. SI-R14-006 for attached Amendment No. 1).

(b) The Governor is further authorized to make such non-substantive changes to the final Amendment document as may be necessary to carry out the intent of this Resolution.

24.2.6.030

Part 24.2.7 Act Authorizing Signature of Right-of-Way Agreement with DOE/NNSA for the Norton Electric Transmission Line

24.2.7.010 Short Title

This enactment shall be known as the "ACT AUTHORIZING SIGNATURE OF RIGHT-OF-WAY AGREEMENT WITH DOE/NNSA FOR THE NORTON ELECTRIC TRANSMISSION LINE ("Act")."

24.2.7.020 Purpose

The purpose of this Act is to authorize the signature of the Right-of-Way Agreement with the Department of Energy/National Nuclear Security Administration ("DOE/NNSA") for a new right-of-way for that portion of the Norton Electric Transmission Line within the Pueblo lands. The current Grant of Easement for Right-of-Way to DOE/NNSA will expire on July 31, 2018.

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.

24.2.7.040 Authorizations

(a) The Governor is hereby authorized to sign the "Pueblo de San Ildefonso and U.S. Department of Energy/National Nuclear Security Administration Right-of-Way Agreement.

(b) The Governor is authorized to make any minor technical non-substantive amendments to the Agreement document as may be necessary, provided that the Council is informed of such amendments.

(c) The Governor is authorized to take such actions as necessary to submit the completed Right-of-Way package to the BIA-Northern Pueblos Agency for review and approval.

(d) The Governor and Finance Department are directed to work with the Council to establish an allocation plan for the $4,663,621 when those funds are received from DOE/NNSA.

Part 24.2.8 Act Authorizing Amendment to Right-of-Way Agreement with DOE/NNSA for Norton Electric Transmission Line

24.2.8.010 Short Title

This enactment shall be known as the "Act Authorizing Amendment to Right-of-Way Agreement with DOE/NNSA for Norton Electric Transmission Line ("Act")."

24.2.8.020 Purpose

The purpose of this Act is to authorize amendment of the Right-of-Way Agreement previously signed on October 6, 2017 between the Pueblo and the Department of Energy/National Nuclear Security Administration ("DOE/NNSA") for a new right-of-way the Norton Electric Transmission Line ("Norton Line"). The Act sets out the amended terms of the Right-of-Way Agreement for the changed eastern Right-of-Way boundary and increased acreage of the Right-of-Way for the Norton Line.

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.

24.2.8.040 Authorizations

(a) The Council approves the attached Amendment to Right-of-Way Agreement.

(b) The Council hereby authorizes and ratifies the Governor's May 22, 2018 signature of the Amendment to Right-of Way Agreement document.

(c) The Governor is authorized to make any minor technical non-substantive amendments to the Amendment to Right-of-Way Agreement document as may be necessary, provided that the Council is informed of such amendments.

(d) The Governor is authorized to take such actions as necessary to submit the completed Right-of-Way package to the BIA-Northern Pueblos Agency for review and approval.

Part 24.2.9 Act Authorizing Right-Of-Way for Gas Line to Odo Po Properties

24.2.9.010 Short Title

This enactment shall be known as the "Act Authorizing Right-of-Way for Gas Line to Odo Po Properties" (the "Act").

24.2.9.020 Purpose

The purpose of this Act is to authorize a right-of-way for a natural gas line to serve the Pueblo's Odo Po Properties.

24.2.9.030 Findings

(a) The Pueblo de San Ildefonso ("Pueblo") possesses inherent sovereign powers over the Pueblo's lands.

(b) The Pueblo owns three (3) properties and associated buildings known as the Odo Po Properties located within the Pueblo's lands.

(d) The Bureau of Indian Affairs Northern Pueblos Agency informed the Pueblo that although the Odo Po Properties are owned by the Pueblo, a formal right-of-way must be granted to New Mexico Gas Company for the gas line rather than a service line agreement.

(e) The Council has determined that it is in the best interest of the Pueblo to authorize a right-of way for a natural gas line to the Odo Po Properties.

24.2.9.040 Authorizations

(a) The Council hereby authorizes a right-of-way to be granted to the New Mexico Gas Company to install natural gas lines to the Odo Po Properties subject to the following terms:

(1) The right-of-way shall be 20 feet wide for approximately 1350 feet of gas line consisting of approximately 1.61 acre of land. The final location and acreage shall be determined by the survey which shall be completed and incorporated as part of the final right-of-way grant.

(2) The term of the right-of-way shall be for twenty-five (25) years, renewable for a second term of twenty-five (25) years, provided that the right-of-way is used for the specified purpose of providing natural gas to the Odo Po Properties.

(3) There shall be no annual right-of-way compensation required from the New Mexico Gas Company (the "Grantee") since the natural gas line has been requested by the Pueblo and will serve properties owned by the Pueblo.

(4) The right-of-way may be cancelled by the Pueblo and the Grantee, under any negotiated remedies identified in 25 CFR §169.403 and/or in whole or in part by the Pueblo under 25 CFR §169.404, or for cause upon thirty (30) days written notice, and failure of the Grantee to correct the basis for cancellation within the notice period as stated in 25 CFR §169.405.

(5) The Pueblo reserves its jurisdiction over the land subject to the right-of-way, and any person or activity within the right-of-way.

(b) The Council hereby authorizes the Governor, and his designee(s) to execute all actions and all documents necessary to initiate the intent of this Act.

Part 24.2.10 Guaje Power Line Quit Claim Deed Authorization Act

24.2.10.010 . Short Title

This enactment shall be known as the "GUAJE POWER LINE QUIT CLAIM DEED AUTHORIZATION ACT" ("Act").

24.2.10.020 . Purpose

The purpose of this Act is authorize the Governor sign a Quit Claim Deed from the Department of Energy/National Nuclear Security Administration (DOE/NNSA) to properly document the transfer of electric transmission lines, poles and related equipment located in the DOE/NNSA Easement on Pueblo lands in the Guaje Canyon area.

24.2.10.030 . Findings

The Council hereby finds and declares that:

(a) In 1959, the Pueblo de San Ildefonso ("Pueblo") granted a fifty (50) year easement to the Atomic Energy Commission, the predecessor agency to the U.S. Department of Energy/National Nuclear Security Administration (DOE/NNSA) to construct, operate, and maintain water wells, water lines and facilities, power transmission lines, access roads and related facilities on Pueblo lands in the Guaje Canyon area.

(b) Pursuant to a 1992 Supplemental Agreement with DOE, the DOE elected to cease operation of the water wells, water and electric lines, and other related facilities within the original easement and required use of the original easement through December 31, 1996, to allow for the removal and abandonment of DOE's improvements constructed on the easement and restoration of the easement property.

(c) Under the 1992 Supplemental Agreement, in the event that the Pueblo did not exercise its right to purchase the improvements and DOE did not exercise its right to remove the improvements, the improvements would become the property of the Pueblo, provided that DOE agreed to tie in the abandoned transmission lines into the Jemez Mountain Electric Cooperative, Inc. ("JMEC") system at no cost to the Pueblo to avoid loss of electric service to the Pueblo's properties.

(d) Under the Supplemental Agreement, DOE agreed to transfer the abandoned power transmission lines to the Pueblo on the date the of the tie in to the JMEC system, however, DOE transferred the transmission lines to the Pueblo pursuant to a Material Shipping Report, dated March 2, 1993, without the agreed tie-in to the JMEC system.

(e) When the Pueblo inquired in 1999 about extending temporary power in the Totavi area, DOE informed the Pueblo that the transmission lines were no longer DOE property as a result of the transfer in 1993; and,

(f) DOE/NNSA has determined that the 1993 Material Shipping Report was not a legally binding document and wishes to properly document the transfer of the transmission lines that took place under the Material Shipping Report; and,

(g) DOE/NNSA has proposed the attached Quit Claim Deed to properly document the transfer of the transmission lines, poles and other equipment shown on the Guaje Line Pole List attached to the Quit Claim Deed as Exhibit B, subject to the following terms:

1. DOE/NNSA is released from all operation and maintenance responsibilities for the identified transmission lines, poles and other equipment.

2. DOE/NNSA will be responsible to tie-in the Guaje Line to the JMEC system at no cost to the Pueblo in accordance with the 1992 Supplemental Agreement.

3. The Pueblo will receive electric service through Las Alamos County at the Pueblo's expense until the tie-in to the JMEC is complete.

(h) The Council has been fully briefed and has reviewed the proposed Quit Claim Deed document and attachments and has determined that it is in the best interest of the Pueblo to authorize the Governor to sign a form of the Quit Claim Deed.

24.2.10.040 . Authorization and Waivers

(a) The Council hereby authorizes the Governor to sign a form of the Quit Claim Deed from DOE/NNSA and to make any revisions or amendments as may be necessary to support the execution of the Quit Claim Deed subject to the provisions of this Act.

(b) The Governor, or his designee, is authorized to take all actions as necessary to carry out the intent of this Act.

Part 24.2.11 PNM Norton Hernandez 115 KV Transmission Easement Agreement Authorization Act

24.2.11.010 Short Title

This enactment shall be known as the "PNM NORTON HERNANDEZ 115 KV TRANSMISSION EASEMENT AGREEMENT AUTHORIZATION ACT."

24.2.11.020 Purpose

The purpose of this Act is to authorize the Governor to negotiate and sign an Easement Agreement between the Pueblo de San Ildefonso and the Public Service Company of New Mexico ("PNM") for a right-of-way over the Pueblo's lands along with an agreement with PNM to provide the Pueblo with access to four (4) strands of dark fiber from the ninety-six (96) fiber optic strands installed on the Norton Hernandez electric transmission line for the Pueblo's use.

24.2.11.030 Definitions

(a) "Act" means the PNM Norton Hernandez 115 kV Transmission Easement Agreement Authorization Act.

(b) "NH Line" means the Norton Hernandez 115 kV electric transmission line.

(d) "Pueblo" means the Pueblo de San Ildefonso. "Pueblo" also means the lands over which the Pueblo has jurisdiction.

24.2.11.040 Findings

The Council hereby finds and declares that:

(a) PNM owns and operates the NH Line, a 115 kV electric transmission line, located within the exterior boundaries of the Pueblo.

(b) The previous Easement Agreement for a right-of-way for the NH Line expired on May 21, 2023.

(c) As part of that Easement Agreement, PNM was allowed to install ninety-six (96) fiber optic strands within two static wires on the NH Line provided that PNM was only allowed to use up to twelve (12) fiber optic lines for its internal communication purposes and was prohibited from using any other fiber optic lines for any other purpose without the written approval of the Pueblo and the Bureau of Indian Affairs ("BIA").

(d) The Pueblo and PNM have negotiated terms for a new Easement Agreement for a twenty-year (20) term to begin on May 22, 2023 and end on May 21, 2043.

(e) The Pueblo and PNM have agreed upon compensation in the amount of $6,536,979 in a lump sum payment for the Easement Agreement to the Pueblo within 30 days of the BIA granting and recording the Grant of Easement for Right-of-Way.

(f) PNM agrees to provide four (4) strands of dark fiber to the Pueblo for its use subject to an Indefeasible Right of Use ("IRU") Agreement and PNM agrees to negotiate for access for an additional two (2) strands of dark fiber in the future.

(g) The Council has been fully briefed and has reviewed the proposed Easement Agreement terms and has determined that it is in the best interest of the Pueblo to authorize the Governor to negotiate and sign an Easement Agreement and an IRU Agreement for access to the dark fiber, provided that PNM's use of the remaining ninety-six (96) fiber strands is limited to its internal business communications and PNM shall not use those fibers for any other purpose without the prior written approval by the Pueblo and the BIA.

(h) The Council also finds it is in the best interest of the Pueblo to waive the requirement for a bond as the compensation will be paid in full upon the approval of the Grant of Right-of-Way by the BIA, and to waive the valuation and accept the agreed upon compensation negotiated between the Pueblo and PNM, and to grant a limited waiver of the Pueblo's immunity from suit only to enforce the Easement Agreement and an IRU Agreement.

24.2.11.050 Authorizations and Waivers

(a) The Council hereby authorizes the Governor to negotiate and sign an Easement Agreement with PNM for the NH Line as well as an IRU Agreement for access to the dark fiber subject to the terms identified herein in substantially similar form, and to make any revisions and amendments as may be necessary to support the execution of an Easement Agreement and an IRU Agreement.

(b) The Council hereby waives the requirement for a bond pursuant to 25 CFR §169.103(f)(2) as the compensation will be paid in full upon the approval of the Grant of Right-of-Way by the BIA, and requests that the BIA defer to the Council's waiver of such bond or security.

(c) The Council has reviewed the proposed monetary compensation to be paid under the proposed Easement Agreement and has determined the compensation amount negotiated between PNM and the Pueblo to be satisfactory to the Pueblo and the Council hereby waives the valuation requirement pursuant to 25 CFR § 169.110(a).

(d) The Council hereby grants an express and limited waiver of the Pueblo's immunity from suit, subject to the limitations herein, to enforce the Easement Agreement and an IRU Agreement, provided that the waiver runs solely to the benefit of PNM, the waiver extends only to the contractual claims of the particular agreement and shall be limited to claims arising from the acts or omissions of the Pueblo, its officers, employees or agents, and applies only to consent to the dispute resolution provisions of the particular agreement, and the waiver does not include special, consequential or punitive damages, costs or attorney fees.

(e) The Governor, or his designee, is authorized to take all actions as necessary to carry out the intent of this Act.

Chapter 24.3 Real Property Acquisition

Part 24.3.1 Pueblo de San Ildefonso Real Property Acquisition Act

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R13-018, dated May 13, 2013.

24.3.1.010 Short Title

This enactment shall be known as the Real Property Acquisition Act ("Act").

24.3.1.020 Definitions

(a) "Acquisition" means the act of becoming owner of certain real property in the name of the Pueblo.

(b) "Council" means the Pueblo de San Ildefonso Council, the duly constituted legislative body acting for the Pueblo.

(d) "Real Property" means land, and generally whatever is erected or growing or affixed to land.

(e) "Pueblo" means the Pueblo de San Ildefonso.

24.3.1.030 Purpose

The purpose of this act is to establish procedures, protocols and guidelines for the acquisition of real property for the Pueblo de San Ildefonso.

24.3.1.040 Findings

The Council hereby finds and declares that:

(a) The spiritual, physical, mental and emotional well-being of the Pueblo and its Members is directly related to the acquisition of real property to preserve and extend the culture and traditions of the Pueblo.

(b) The Pueblo has current and future needs for real property for housing, community development, government facilities and infrastructure, protection of historic and cultural resources, economic development, and restoration of the Pueblo's land base;

(d) The Pueblo requires procedures and guidelines in order to make decisions regarding the acquisition of real property.

24.3.1.050 Acquisition of Real Property

Real property may be acquired by the Pueblo through donation, exchange, or purchase. Acquisition of real property shall require direct approval and authorization of the Council as evidenced by the adoption of a resolution which grants the authority to take that action.

24.3.1.060 Acquisition Protocol

(a) The Governor shall notify the Council of any and all property available for acquisition before engaging in any type of negotiations.

(b) The Governor shall have authority to engage in negotiations for the acquisition of real property at a price the Governor determines does not exceed fair market value. The Governor is authorized to take all steps needed for diligent negotiation, including, but not limited to, boundary surveys, property inspections, appraisals, and environmental inquiries.

(c) Once the terms are negotiated to the satisfaction of the Governor, he or she shall submit to the Council a request to acquire the real property in the form of a resolution which includes the legal description of the property.

24.3.1.070 Funding

The funding for the acquisition of real property will be in accordance with the Pueblo Investment Plan and Budgeting process.

24.3.1.080 Amendment

The Council may amend this Act upon majority vote of the Council.

24.3.1.090 Severability

If a court of competent jurisdiction finds any provision of this Act to be invalid or illegal under applicable law, such provision shall be severed from this Act and the remainder of this Act shall remain in full force and effect.

Chapter 24.4 Purchases and Sales

Part 24.4.1 Authorizing Sale of Certain Lands to Santa Clara Pueblo

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R12-012, dated February 8, 2012.

24.4.1.010 Findings

(a) In 1951 the Pueblo de San Ildefonso filed suit against the United States before the Indian Claims Commission, which was styled Pueblo de San Ildefonso v. United States, Docket No. 354.

(b) The Pueblo settled that claim on terms described in Public Law 109-286, enacted 2006, which among other terms authorized the Pueblo to purchase lands from the Forest Service designated "Settlement Area Lands", which includes over 7,000 acres, using some of the funds paid by the United States to settle its liability to the Pueblo under Docket 354.

(d) That two Pueblo land agreement approved an aboriginal boundary line between the two Pueblos in the Settlement Area Lands.

(e) The Pueblo de San Ildefonso agreed to sell lands north of that aboriginal boundary to Santa Clara Pueblo.

(f) The Pueblo owns two tracts of land north of that boundary between the two Pueblos, namely the "Miller Property" acquired by gift from the Estate of Henrietta Meyers Miller consisting of approximately 18 acres, and the portion of the Settlement Area Lands north of the aboriginal boundary between the two Pueblos, consisting of approximately 185 acres.

(g) The 2004 Agreement between the two Pueblos provided that the price of this land sale will use the formula described in what became Public Law 109-286.

(h) The purchase price for the two properties from the Pueblo should be no less than $102,738.85.

(i) A Warranty Deed to the Miller Property and a Quitclaim Deed to the Settlement Area Lands north of the boundary between the two Pueblos are attachments 1 and 2 to this resolution.

24.4.1.020

That the Tribal Council approves the sale to Santa Clara Pueblo of the 18.4 acres of property acquired from the Miller Estate, and 185.84 acres of Settlement Area Lands north of the agreed upon boundary between the Pueblo and Santa Clara Pueblo, as shown on the two deeds attached to this resolution.

24.4.1.030

That the Pueblo Governor is authorized and directed to sign these deeds on behalf of the Pueblo.

24.4.1.040

That the signed deeds are to be held by attorney Peter Chestnut until Santa Clara Pueblo (1) provides a check in the amount of at least $102,738.85, and (3) provides to the Pueblo a grant of easement at no cost through Santa Clara Pueblo and the so-called Northern Tier Lands which the Forest Service is selling to Santa Clara Pueblo as part of the transactions authorized by the Public Law 109-286, so that Pueblo members can reach the Settlement Area Lands from the North.

24.4.1.050

That the Governor and the Realty Director are authorized and directed to take all other steps necessary to complete this transaction.

Part 24.4.2 Approval to Purchase Property at 4 Pajarito Loop

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R12-045, dated December 4, 2012.

24.4.2.010 Findings

(a) Adam Trubow, the owner of a parcel of fee simple property within the Pueblo's exterior boundaries, approached the Pueblo with an offer to sell.

(b) The property consisting of approximately .92 acres is located at 4 Pajarito Loop, as shown on the attached Boundary Survey, and is offered for sale for $40,000.

24.4.2.020

The Pueblo de San Ildefonso Council approves the purchase of the property located at 4 Pajarito Loop in the amount of $40,000 and authorizes the Governor to sign a Purchase Agreement for the property.

24.4.2.030

Part 24.4.3 Approval for the Purchase of the Lujan Property off SR 30 and Little Bird Road

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R13-019, dated May 13, 2013.

24.4.3.010 Findings

(a) Eloy Lujan, the personal representative for the Estate of Mrs. Alfredo Lujan, owner of a parcel of fee simple property within the Pueblo's exterior boundaries, approached the Pueblo with an offer to sell.

(b) The property consisting of approximately 33.594 acres is located off SR 30 & Little Bird Rd within Complaint 142, Private Claim 131, Parcel 1 within Sec 5, Township 19 North Range East, N.M.P.M. near Pajarito, NM, as shown on the attached Boundary Survey, and is offered for sale for $600,000.

24.4.3.020

The Pueblo de San Ildefonso Council approves the purchase of the property located off SR 30 & Little Bird Rd within Complaint 142, Private Claim 131, Parcel 1 within Sec 5, Township 19 North Range East, N.M.P.M. near Pajarito, NM, in the amount of $600,000 and authorizes the Governor to sign a Purchase Agreement for the property.

24.4.3.030

The Pueblo de San Ildefonso Council hereby approves and adopts this Resolution in accordance with the requirements of the Agreement, according to published Council procedures, and authorizes and directs the Governor, or his designee, to take such actions as deemed necessary to carryout the intent of this Resolution.

Part 24.4.4 Approval to Drawdown $640,000 from Judgment Funds Awarded to the Pueblo de San Ildefonso Claims Settlement Act of 2005 to Acquire Lands

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R13-021 dated May 13, 2013.

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.

24.4.4.020

The Pueblo de San Ildefonso Tribal Council hereby grants approval to drawdown judgment funds from the Pueblo de San Ildefonso Claims Settlement Act of 2005 trust account for the purpose to acquire lands.

24.4.4.030

The Pueblo de San Ildefonso Tribal Council hereby directs the Governor to use the judgment funds to fund the purchase of properties located at 4 Pajarito Loop and the Lujan property located off SR 30 & Little Bird Rd in the total amount of $640,000.

24.4.4.040

Part 24.4.5 Approval for the Purchase of Property at 386 SF County Road 84, El Rancho, New Mexico

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R13-030 dated August 8, 2013.

24.4.5.010 Findings

(a) Kevin Yockers, owner of a parcel of fee simple property within the Pueblo's exterior boundaries, approached the Pueblo with an offer to sell.

(b) The property, consisting of approximately 0.815 acres and a 3,505 square feet building, is located at 386 SF County Road 84, El Rancho, New Mexico on the southeast intersection of SF County Road 101D and SF County Road 84 and is appraised at $440,000, as indicated in the attached Appraisal Report.

24.4.5.020

That the Pueblo de San Ildefonso Council approves the purchase of the property located at 386 Santa Fe County Road 84, El Rancho, New Mexico in the amount of $440,000 and authorizes the Governor to sign a Purchase Agreement for the property.

24.4.5.030

Part 24.4.6 Quarantine and Safe House Property Purchase Authorization Act

24.4.6.010 Short Title

This enactment shall be known as the "QUARANTINE AND SAFE HOUSE PROPERTY PURCHASE AUTHOROZATION ACT" ("Act").

24.4.6.020 Purpose

The purpose of this act is to authorize the Governor to purchase a real property for a quarantine house and/or safe house in the El Rancho area to protect citizens of the Pueblo who are facing the public health emergency caused by the Coronavirus Disease 2019 ("COVID-19") pandemic and to authorize the use of the CARES Act funds and other available funds appropriated for such purposes.

24.4.6.030 Findings

The Council hereby finds that:

(a) The Coronavirus Disease 2019 (COVID-19) has created a public health emergency that threatens the health and safety of the citizens of the Pueblo; and

(b) Health experts recommend that individuals who contact or are exposed to COVID-19, quarantine away from others for at least fourteen days or for a longer period of time as may be medically necessary to reduce the possibility of further transmission of the disease; and

(c) Many of the households at the Pueblo include multi-generational families so that an individual who has been exposed to COVID-19 or who has contracted COVID-19 will put other household members at risk due to the inability to adequately isolate and the use of shared facilities by all household members; and

(d) Due to the risks of community spread of the COVID-19, the Pueblo has been forced to issue stay-at-home orders and other similar protocols that may increase tensions among family and household members and may also increase domestic violence; and

(e) On March 27, 2020, the federal government enacted the CARES Act to provide new funds to States, Indian tribes, and others to help pay for costs and expenses caused by COVID-19 including allowances for the costs of a quarantine house and/or safe house, and the Pueblo received its share of the CARES Act funds; and

(f) The current approved Annual Budget of the Pueblo does not include funds for the purchase of a quarantine house and/or safe house to address the critical health and safety issues caused by the COVID-19 pandemic; and

(g) The purchase of property in the El Rancho area, which is located within the Pueblo's Territory, will allow family members of individuals who are staying at the quarantine house and/or safe house to be nearby, which will help individuals who are experiencing health and safety issues and will ensure compliance with health protocols issued by the Pueblo for the safety of all citizens; and

(h) Due to the 2020 deadline for the Pueblo to expend CARES Act funds, it is not feasible for the Pueblo to design and construct a quarantine house or safe house, and the need for a move-in ready home for citizens in need of immediate care and health services is paramount; and

(i) Recently the owner of a home in the El Rancho area contacted the Pueblo about a proposed sale of her home (the "Stover Property") and the problems she has experienced obtaining clear title to her home due to an alleged encroachment of a portion of the home onto the Pueblo property; and

(j) The Council has determined that it is in the best interest of the Pueblo to authorize the Governor to negotiate and execute an agreement for the purchase of the Stover Property and/or similar property at or near fair market value for the purpose of providing a quarantine house and/or safe house for the citizens of the Pueblo.

24.4.6.040 Contract Authorization

(a) The Council hereby authorizes the Governor to negotiate and execute a contract or contracts for the purchase of real property in the El Rancho area, including but not limited to the Stover Property, to be utilized as a quarantine house and/or a safe house for citizens of the Pueblo.

(b) The Council hereby authorizes the Governor to utilize CARES Act funds and other available funds appropriated for the purchase of real property under this Act.

Chapter 24.5 Leases

Part 24.5.1 Approving Leases of Tribally Owned Land to the Northern Pueblos Housing Authority for Housing Development and Authorizing the Governor to Execute the Environmental Review Record for the Housing Development

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R13-008, dated May 7, 2013.

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 29^th, 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 16^th, 2011, through Resolution No SI-R11-013, and on November 21^st 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 12^th, 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.

24.5.1.020

The Pueblo de San Ildefonso Council hereby approves the grant of ten (10) individual fifty (50) year residential land leases to Northern Pueblos Housing Authority for the purpose of developing homes and related uses on that land.

24.5.1.030

Such leasehold interests shall be of lands specifically described in the proposed leases.

24.5.1.040

Such leases shall be in the form of Bureau of Indian Affairs approved and recorded Residential Leases of Tribally Owned Land between the Pueblo and NPHA, a copy of such leases being attached hereto and incorporated herein by reference.

24.5.1.050

The Council hereby authorizes the Governor to execute such leases to address the development of the project.

24.5.1.060

The Council hereby reaffirms acceptance of the Environmental Review for the project, authorizes use of up to $849,280.00 in IHBG funds and authorizes the Governor to execute the Environmental Review Record.

24.5.1.070

Authorizes the Governor to enter into the contract between HUD, NHPA, and the Pueblo.

24.5.1.080

Part 24.5.2 First Amendment to the Property Management Contract Authorization Act

24.5.2.010 Short Title

This enactment shall be known as the "FIRST AMENDMENT TO THE PROPERTY MANAGEMENT CONTRACT AUTHORIZATION ACT" ("Act").

24.5.2.020 Purpose

The purpose of this Act is to authorize the Governor to hire a property management company to provide property management services for homes owned by the Pueblo and for other property that may be added to the Pueblo's inventory from time to time.

24.5.2.030 Findings

The Council hereby finds and declares that:

(a) The Governor has identified homes owned by the Pueblo that could be leased to generate income, as long as the Pueblo provides property management services including home repair, maintenance, and administration of the landlord-tenant relationship; and

(b) The homes identified by the Governor are currently vacant, but with minor repairs and normal home maintenance, these homes could become desirable rental properties for qualified tenants, thereby generating significant income for the Pueblo; and

(c) The Council has determined that it is in the best interest of the Pueblo to authorize the Governor to hire a property management company to provide property management services for the homes identified by the Governor and for any other homes or property that may be added to the Pueblo's inventory from time to time, and to authorize the Governor to contract with vendors for related renovation and rehabilitation services.

24.5.2.040 Contract Authorization

(a) The Council hereby authorizes the Governor to negotiate and execute a contract with a property management company for property management services in substantially the same form as the standard, 8-page Realtors Association of New Mexico Property Management Agreement – Residential (attached hereto), with the express recognition of the need to address and/or modify the provisions governing choice of law and the application of New Mexico law.

(b) The Council hereby authorizes the Governor to negotiate and execute a contract with a property management company, and/or another company or companies, for property management, property renovation, and property rehabilitation services for properties designated by the Governor subject to an appropriation of funds for such purposes; provided, that the Governor shall approve all renovation and rehabilitation services prior to the initiation of such services.

Chapter 24.6 Negotiations, Litigation, and Settlements

Part 24.6.1 Approving Settlement of Trespass Over Tribal Lands by Jemez Mountains Electric Cooperative, Inc. and Renewal of Rights of Way and El Rancho Substation Lease

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R12-013, dated February 8, 2012.

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.

24.6.1.020

The Pueblo de San Ildefonso Tribal Council hereby approves the settlement of trespass claims against the Jemez Mountain Electric Cooperative under which JMEC will pay the outstanding trespass claims against the Jemez Mountain Electric Cooperative under which JMEC will pay the outstanding trespass claims plus right of way and lease payments in the amount of $5,943,981.00 as follows: the annual payment for 2012 shall be $339,534 after a credit to JMEC of $54,713 for a three month Special Land Use License Fee payment; annual payments for 2013 and 2014 will be set at $394,248; and, annual lease and rights of way payments for years 2015 thru 2036 will be set as $218,907.

24.6.1.030

The right of way and lease agreement with JMEC shall include a clause under which JMEC shall pay the remaining amount of trespass damages of $526,024 spread over 2012, 2013, and 2014 before it is eligible to exercise its option to terminate the right of way and lease agreement after three (3) years.

24.6.1.040

The Governor or his designee is directed and authorized to take such actions and sign such documents as are deemed necessary to carry out the intent of this Resolution.

24.6.1.050

The parties shall execute a mutual release upon the full payment by JMEC of the Pueblo's trespass claims.

24.6.1.060

The Secretary of Interior is hereby requested to approve rights of way, lease and trespass settlement agreements between JMEC and the Pueblo.

Part 24.6.2 Evaluation of Verde Transmission, L.L.C.'s Verde Project

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R12-030, dated October 9, 2012.

24.6.2.010 Findings

(a) Verde Transmission, L.L.C., a Delaware limited liability company, ("Verde") proposes to construct a new 345 kV electric power transmission line between the Ojo Substation, near Hernandez, NM and the Norton Substation, near Santa Fe, NM, together with various ancillary facilities, to be called the "Verde Project," which project would greatly increase the robustness and reliability of the electric transmission grid in northern New Mexico and facilitate the delivery or renewable energy to customers through the Southwest.

(b) The proposed line would generally follow the route of the existing 115 kV power lines located in the area but may be altered based on negotiations with the Pueblo for a route that is acceptable to the Pueblo.

(c) Verde approached the Pueblo for the purpose of entering into negotiations for a right-of-way and permission to construct the new line.

(d) Many details of the purposed project, including the specific alignment to be followed by the line over tribal lands, must be negotiated by the Pueblo's representatives and considered by the Council.

(e) The Governor will establish a Pueblo negotiating team to work with Verde to review, evaluate and analyze the project.

(f) A presentation was made to the Council by Verde Transmission and the Council is willing to consider the project.

(g) In order for the parties to move forward in evaluating the project, Verde must undertake land survey for the proposed transmission corridor within the Pueblo's lands, and Council is willing to permit Verde to proceed with such survey.

(h) The Pueblo will require Verde to pay the Pueblo's Land Use Application Fee for the first phase of activity in accordance with Tribal Council Resolution SI-R11-032 (October 20, 2011) to cover the costs incurred by the Pueblo in evaluating the project.

24.6.2.020

The Council expresses its interest the Verde Project, but subject to the development of proposed route acceptable to the Pueblo.

24.6.2.030

The Governor shall establish a negotiating team to work with Verde to determine a suitable route.

24.6.2.040

Verde shall pay to the Pueblo the non-refundable Land Use Application Fee of $36,533 for the first phase of the project as advance reimbursement of the Pueblo's expenses related to its participation in the necessary evaluation and studies for the proposed route, and should the Pueblo's costs exceed those sums due to unforeseen developments, the parties will negotiate as to additional payments to cover such excess costs, provided that a separate Land Use Application fee will be required for any subsequent phase of activities for this project.

24.6.2.050

Upon payment of the Land Use Application Fee, Verde is hereby authorized to enter onto Pueblo land, for the purpose of conducting a land survey, for the development of a proposed alternate route for the Verde Project, provided that all such activities shall be carried out in conjunction with all appropriate Pueblo de Ildefonso tribal representative when present on Pueblo de San Ildefonso lands.

24.6.2.060

That the Pueblo de San Ildefonso Council hereby approves and adopts this Resolution in accordance with the requirements of the Agreement, according to Published Council procedures, and authorizes and directs the Governor, or his designee, to take such actions as deemed necessary to carry out the intent of this Resolution.

Part 24.6.3 Authorizing Negotiations for Stipulation Agreement in Public Regulation Commission Rate Increase Case Involving Jemez Mountains Electric Cooperative

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R14-002 dated January 29, 2014.

24.6.3.010 Findings

(a) JMEC filed various Rate Riders with the New Mexico Public Regulation Commission ("PRC") in order to recover the cost of rights-of-way across several different Pueblos' lands, including the rights of way over the Pueblo de San Ildefonso.

(b) Rate Rider No. 4 as initially filed could have raised the electric bills for JMEC customers residing within the Pueblo's boundaries by as much as 50% and such an increase would have caused an economic hardship to both tribal and non-tribal residents.

(d) Pueblo and JMEC representatives met numerous times to reevaluate the routes, acreage, and type of electric facilities in a good faith effort to reduce the electric rate increase.

(e) In keeping within the limitations of Rate 19, the Pueblo has proposed to have several local distribution lines be subject to service line agreements rather than a right of way agreement, thereby removing those lines from the total right of way acreage amount subject to compensation.

(f) Reducing the amount of local distribution line acreage will result in the Pueblo receiving less compensation for the right of way across its lands but it will have the beneficial effect of reducing the rate increase for all JMEC customers within the Pueblo's boundaries.

(g) The Council has been continuously informed of the proposed negotiations regarding the right-of-way and the rate increase matters and has authorized the amendment of the underlying right of way agreement with JMEC.

(h) The Council has determined it is in the best interest of the Pueblo and its residents, both tribal and non-tribal, to negotiate a stipulated agreement with JMEC and other parties in the PRC rate case to put in place the lower rate increase that will result from the amended right of way agreement and establish terms that will effectively resolve the rate increase matter.

24.6.3.020

The Pueblo de San Ildefonso Council hereby directs that:

(a) The Governor negotiate terms to stipulated agreement that reflect the amended terms of the right of way agreement in order to effectuate a lower electric rate increase amount.

(b) Negotiate such other terms as necessary to carry out the intent of this Resolution; provided that any finally negotiated Stipulation Agreement must be brought back before the Council for final approval and authorization.

24.6.3.030

Part 24.6.4 Approving Stipulation Agreement in Public Regulation Commission Rate Increase Case Involving Jemez Mountains Electric Cooperative

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R14-013 dated March 11, 2014.

24.6.4.010 Findings

(b) Rate Rider No. 4 as initially filed could have raised the electric bills for JMEC customers within the Pueblo's boundaries by as much as 50% and such an increase would have caused an economic hardship to both tribal and non-tribal customers.

(c) The Pueblo agreed to mediation in an effort to find ways to reduce the impact of the rate increase on tribal and non-tribal customers of JMEC.

(d) Pueblo and JMEC representatives met numerous times to reevaluate the routes, acreage, and type of electric facilities in a good faith effort to reduce the amount of electric rate increase.

(f) Reducing the amount of local distribution line acreage will result in the Pueblo receiving less compensation for the right of way across its lands, but it will have the beneficial effect of reducing the rate increase for all JMEC customers within the Pueblo's boundaries.

(g) The Council has approved the amendment of the underlying right of way agreement with JMEC per Resolution No. SI-2014-006.

(h) The Council has been continuously informed about the negotiations and proceedings regarding the PRC rate case.

(i) The Governor has negotiated the attached Stipulation agreement with JMEC and other parties in the PRC rate case to put in place the lower rate increase that will result from the amended right of way agreement and establish terms that will effectively resolve the rate increase matter.

(j) The Governor presented a draft Stipulation to the Council on March 7, 2014, and having the opportunity to provide input and comment, the Council authorized the filing of the Stipulation with the PRC on March 10, 2014.

24.6.4.020

The Pueblo de San Ildefonso Council hereby directs that:

(a) The Governor, or his designee, is authorized to sign the Stipulation agreement in PRC Case No. 13-00202-UT that reflects the amended terms of the right of way agreement as authorized in Council Resolution No. SI-R14-006 in order to effectuate a lower electric rate increase amount.

(b) The signature and filing of the Stipulation with the PRC on March 10, 2014 is hereby ratified and approved.

24.6.4.030

Part 24.6.5 Act Reaffirming the Pueblo de San Ildefonso's Water Rights Policy, Adjudication and Subsequent Agreements Necessary for the Implementation of the Regional Water System as part of the Settlement, State v. Aamodt

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R15-001 dated January 13, 2015.

24.6.5.010 Findings

(a) The Pueblo is a party in the federal water adjudication State v. Aamodt, U.S. District Court of New Mexico No. 66CV6639;

(b) In 2006, the United States enacted the Aamodt Litigation Settlement Act, as part of the Claims Resolution Act of 2010, Pub. No. 11-129, Title VI, §§ 601-626, 124 Stat. 3064, 3134-56 (2010), which was signed into law by the President on December 8, 2010 ("Settlement Act" or "Act");

(c) The Pueblo, the United States and six other governments approved the Settlement Agreement (April 19, 2012) signed March 13, 2013 ("Revised Agreement") which includes terms required by the Settlement Act;

(d) A revised "Settlement Agreement" and Cost Sharing and System Integration Agreement ("CSSIA") were signed by the United States, the Pueblo de San Ildefonso and six other governments on March 14, 2013;

(e) The Council authorized the Governor to sign the "Memorandum of Agreement" between the Bureau of Reclamation and the Pueblo de San Ildefonso to Facililtate Pueblo de San Ildefonso Involvement in the Planning, Design and Construction of the Pojoaque Basin regional Water System" on behalf of the Pueblo in Resolution No. SI-R13-015;

(f) The "Settlement Agreement", appropriated $15 million to the Pueblos Conservation Fund, to be allocated as directed by the four Pueblos known as the Pueblo Economic Development Water Agreement;

(g) The Economic Development Water Agreement signed July 18, 2013, allows the Pueblo to use these funds for any water related infrastructure activity "that is more cost-effective when implemented in conjunction with the construction of the Regional Water System, as determined by the Secretary [of the Interior]";

(h) The Council and Governor, water representatives, and attorney(s) have taken the necessary steps to implement the "Settlement Agreement" in conformity with Act signed into Law by the President on December 8, 2010;

(i) The Pueblo de San Ildefonso Water Policy is to implement the "Settlement Agreement" deliverables and criteria objectives as approved and agreed upon in the Act, which includes but limited to survey of pipeline alignment, identification of easements, and land parcels;

(j) The Pueblo de San Ildefonso Tribal Council has determined that it is in the best interest of the Pueblo to reaffirm the prior Administration's Policy on water rights adjudication and subsequent agreements for the implementation of the Regional Water System.

24.6.5.020

The Pueblo de San Ildefonso Tribal Council hereby authorizes reaffirms and directs the Governor, water representatives, and attorney(s) to take the necessary steps to implement the Pueblo's policy to reaffirm the prior administration's water rights adjudication and subsequent agreements for the implementation of the Regional Water System.

24.6.5.030

The Pueblo de San Ildefonso Council hereby approves and adopts this resolution in accordance with the requirements of the Agreement, according to Council procedures, and authorizes and directs the Governor, or his designee to take such actions as deemed necessary to carry out the intent of this resolution.

Part 24.6.6 Approving Addendum No. 1 to the NM Gas Company Rights-Of-Way Agreement

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R15-018 dated July 6, 2015.

24.6.6.010 Findings

(a) The New Mexico Gas Company ("NMGC") owns and operates several natural gas transmission and distribution lines within the exterior boundaries of the Pueblo.

(b) The Pueblo and NMGC negotiated a comprehensive Right-of-Way Agreement for all of the NMGC pipelines and the Tribal Council approved the Right-of-Way Agreement on November 20, 2014.

(c) The NMGC Right-of-Way Agreement has been submitted to the Bureau of Indian Affairs for review and approval as required by 25 CFR Part 169 and is currently pending approval.

(d) When NMGC started its pipeline integrity activities, NMGC discovered that approximately a 2650 foot segment of the Los Alamos Mainline – West pipeline is located under State Road 502 and that segment reduces from a 12 inch line to a 10 inch line which prevents the pipeline integrity equipment from checking that segment of the pipeline.

(e) NMGC has proposed to change the pipeline to a 12 inch pipeline and relocate the majority of the segment of pipeline within the highway right-of-way with a minimal portion running under the road.

(f) the Council has been fully briefed and has reviewed the attached Addendum No. 1 to the Right of Way Agreement and has determined that it is in the best interest of the Pueblo to approve the Addendum.

24.6.6.020

The Council authorizes NMCG to proceed with the work related to relocating and resizing the pipeline within the highway right-of-way and the minimal portion running under the road pending BIA review and approval of the Right-Of-Way and Addendum, provided NMGC notifies the Pueblo when work will continue.

24.6.6.030

NMCG shall comply with all federal, state and tribal laws including the full compliance with the Pueblo's access permit process.

24.6.6.040

The Council approves the attached Addendum No. 1 to the Right of Way Agreement in its material form. (See, Resolution No. SI-R-15-018 for attachment).

24.6.6.050

The Council authorizes the Governor to make any non-substantive changes to the document, if necessary, and to sign the Addendum.

24.6.6.060

Part 24.6.7 Authorizing the Bureau of Indian Affairs to initiate Trespass Actions Against Santa Fe County

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R15-025 dated .

24.6.7.010 Findings

(a) Since as early as 1965 and before, the Pueblo has had ongoing concerns regarding the alleged and continued trespass by Santa Fe County for roads over the Pueblo's lands.

(b) On November 3, 2013, the Pueblo requested the Bureau of Indian Affairs (BIA) to initiate formal trespass actions against Santa Fe County for the roads.

(c) On December 6, 2013, Bureau of Indian Affairs Superintendent Fry issued a Notice to Show Cause to County Manager Katherine Miller as to why the County should not be assessed trespass damages for certain roads within the Pueblo's lands.

(d) Santa Fe County denied the County is in trespass but felt the matter would be best addressed through negotiated settlement between the Pueblo and the County, without the intervention of the Bureau of Indian Affairs.

(e) In the past two years, the Pueblo has made extensive efforts to work with Santa Fe County to resolve the road issues without success.

(f) During this time, the Pueblo has expended human resources such as tribal official and staff time, and incurred huge costs for surveying, legal, and other professional services and resources to research, clarify, and document the property boundaries and ownership to aid in bringing about a resolution to the trespass issues.

(g) The United States, by and through the Bureau of Indian Affairs, has a trust responsibility to the Pueblo de San Ildefonso to protect the Pueblo from trespass by any person, including but not limited to state and local governments.

(h) The Council finds it in the best interest of the Pueblo to have the Bureau of Indian Affairs initiate legal action against the County of Santa Fe for trespass or such other actions in order to establish clear title to all roads and land to which the County of Santa Fe claims an interest within the exterior boundaries of the Pueblo de San Ildefonso.

24.6.7.020

The Pueblo de San Ildefonso hereby authorizes and directs the Bureau of Indian Affairs to initiate legal action against the County of Santa Fe for trespass or such other actions as deemed necessary to establish clear title to all roads and lands to which the County of Santa Fe claims an interest within the exterior boundaries of the Pueblo de San Ildefonso.

24.6.7.030

Any and all Tribal Council resolutions which conflict in any way with the provisions of this Resolution are hereby repealed to the extent they are inconsistent with or conflict with or are contrary to the spirit and/or purpose of this Resolution.

24.6.7.040

That the Pueblo de San Ildefonso Council hereby approves and adopts this Resolution in accordance with the requirements of the Agreement, according to published Council procedures, and authorizes and directs the Governor, or his designee to take such actions as deemed necessary to carry out the intent of this Resolution.

Chapter 24.7 Roads

Part 24.7.1 Additions/Deletions to Tribal Roads to the Bureau of Indian Affairs Indian Reservation Roads System

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R12-011, dated February 8, 2012.

24.7.1.010 Findings

(a) The Agency, Bureau of Indian Affairs, currently constructs, maintains, and operates those roads which are on the Bureau of Indian Affairs Indian Reservation Roads (IRR) system.

(b) Pueblo de San Ildefonso currently has limited capacity to construct, maintain and operate Tribal roads.

(c) To maintain an acceptable infrastructure network of roads to access Tribal lands and serve Tribal interests it is imperative that roadway construction, maintenance, and operations needs are met.

(d) The Pueblo has identified 52.4 miles of paved, unpaved Tribal Roadways that are within the Pueblo de San Ildefonso Reservation Boundaries and should remain on the Bureau of Indian Affairs IRR System for construction, maintenances, and operations funding.

(e) The Pueblo has identified 0.6 miles of paved and unpaved housing streets that are within the Pueblo de San Ildefonso Reservation Boundaries and should be modified or added to the Bureau of Indian Affairs IRR system for construction, maintenance and operations funding.

(f) The Pueblo has identified 19.3 miles of Tribal roadways that are within the Pueblo de San Ildefonso Reservation Boundaries that should be removed from the Bureau of Indian Affairs IRR System.

(g) The inclusion of any State, County, or City owned and operated roadways on the Bureau of Indian Affairs IRR System does not obligate Pueblo de San Ildefonso to fund construction, maintenance, or operations of those roads.

(h) The list of streets and roads that require modification, addition or deletion to/from the Bureau of Indian Affairs Indian Reservation Roads Inventory is attached to this resolution.

24.7.1.020

The Pueblo de San Ildefonso Tribal Council hereby authorizes the Governor of the Pueblo de San Ildefonso to take the necessary actions to enter into agreements on behalf of the Pueblo and approves the attached list of Tribal Roads to be modified, added or deleted to/from the Bureau of Indian Affairs IRR System. The Pueblo grants a highway easement for each paved housing street to the Bureau of Indian Affairs for a width of twenty (20) feet on each side from the centerline of each existing street with the understanding that each design phase will be approved by the Tribal Council. Pueblo de San Ildefonso certifies that all housing streets identified in this Tribal Resolution are located on Tribal Trust Land and are open to the public except during ceremonial activities or another activities as authorized by the Governor or Tribal Council.

24.7.1.030

The Pueblo de San Ildefonso Tribal Council authorizes the BIA Southwest Regional Office (SWRO) to approve the modifications, additions and deletions to the Pueblo de San Ildefonso Road Inventory Information in the IRR Road Inventory Field Data System.

24.7.1.040

The Pueblo de San Ildefonso Tribal Council hereby authorizes and directs the Governor, or his designee, to take such actions as deemed necessary to carry out the intent and purpose of this Resolution.

Part 24.7.2 Act Authorizing the Change in Designation of Certain Roads Within the Pueblo de San Ildefonso in the National Tribal Transportation Facility Inventory Under BIA

24.7.2.010 Short Title

This enactment shall be known as the "ACT AUTHORIZING THE CHANGE IN DESIGNATION OF CERTAIN ROADS WITHIN THE PUEBLO DE SAN ILDEFONSO IN THE NATIONAL TRIBAL TRANSPORTATION FACILITY INVENTORY UNDER BIA ("Act")."

24.7.2.020 Purpose

The purpose of this Act is to change the designation of certain identified roads located within the Pueblo's lands in the National Tribal Transportation Facility Inventory (NTTFI) under the Bureau of Indian Affairs (BIA), formerly known as the Indian Reservation Roads Program (IRR). The change in the designation of the roads on the NTTFI allows the Pueblo access to program support and funding for transportation planning and design, road construction, improvement and maintenance.

24.7.2.030 Findings

The Council hereby finds and declares that:

(a) There are several roads within the El Rancho area of the Pueblo de San Ildefonso grant boundaries that are located almost wholly on Pueblo lands, with small portions lying on non-Indian fee lands.

(b) The Pueblo has completed a thorough review of the roads system in the National Tribal Transportation Facility Inventory ("NTTFI") with the focus on county named roads.

(c) The Pueblo has identified five (5) roads listed under ownership "Code 5 – County and Township" that are named as Santa Fe County Roads 84, 84A, 84B, 84C, and 84D - all located within the Pueblo's exterior boundaries;

(d) The specific roads do not have any rights-of-way agreements between the Pueblo and Santa Fe County.

(e) There is a need to continue to maintain the roads identified as CR 84, CR 84A, CR 84B, CR 84C and CR 84D and provide safe access for the area over these roads.

(f) Placement of these roads on the NTTFI will ensure that that these roads will be maintained under the Tribal Transportation Program (TTP).

(g) Change in the designation of these roads to "Code 1 - BIA" on the NTTFI will also allow for planning, design, improvement, realignment and construction of these roads to facilitate access to Aamodt Water Settlement infrastructure.

(h) Placement of these roads on the NTTFI requires that these roads be open available for public use which will address the majority of the private landowner access issues in the area.

24.7.2.040 Authorizations

The Governor is hereby authorized to take such actions as deemed necessary to change the designation of the roads identified as CR 84, CR 84A, CR 84B, CR 84C and CR 84D that lie within the Pueblo de San Ildefonso lands from a "Code 5" to a "Code 1 – BIA" on the NTTFI.

Part 24.7.3 Act Authorizing Signature of Roads Settlement Agreement with Santa Fe County

24.7.3.010 Short Title

This enactment shall be known as the "ACT AUTHORIZING SIGNATURE OF ROADS SETTLEMENT AGREEMENT."

24.7.3.020 Purpose

The purpose of this Act is to approve the proposed Settlement Agreement with Santa Fe County and the Department of the Interior on the roads trespass claims and to authorize Governor to sign the Settlement Agreement.

24.7.3.030 Findings

The Council hereby finds and declares that:

(a) The Pueblo has been dealing with issues of roads trespass for decades and the number of unauthorized roads and the amount of unauthorized access over the Pueblo's lands has reached an unacceptable level.

(b) The Pueblo has attempted several times to negotiate with Santa Fe County (County) to address the issue of unauthorized roads within the Pueblo's lands.

(c) In 2015, the County issued a resolution stating that it would not sign a contributed funding agreement (CFA) for its share of the costs for the regional water system required under the Aamodt Litigation Settlement Act, P.L. 111-291, until it knew the cost to resolve the roads trespass claims of all four of the Pueblos of Nambe, Pojoaque, San Ildefonso and Tesuque who are parties to the Aamodt water rights settlement.

(d) In June of 2017, the Pueblo, along with the three other Pueblos and the County, were brought together to attempt to resolve the roads matter so that the County could sign a CFA with the Bureau of Reclamation (BOR) for its share of funding for the regional water system.

(e) The Pueblo, the County and representatives of the Department of the Interior, the Bureau of Indian Affairs (BIA) and BOR engaged in extensive negotiations over several months on the roads issues within San Ildefonso Pueblo.

(f) The Pueblo, County and the Department of the Interior reached a compromise solution that addresses the Pueblo's concern about unlawful roads and unlawful access over the Pueblo's lands while providing long-term insurable access to private land within the Pueblo's lands at specific locations on identified roads.

(g) The proposed settlement will also allow the Pueblo to identify its boundaries and prevent future unauthorized encroachment onto Pueblo lands with the construction of two new roads.

(h) The Council has been apprised of the proposed settlement terms and agrees with the following negotiated key terms:

(1) The County will construct two (2) new roads, Yellow Bird Loop and Blue Dove, at the County's sole expense.

(2) The placement CMR 84, CMR 84A, CMR 84B, and CR 101D, and the new roads, on the BIA Tribal Transportation Program Inventory (TTPI) and the grant of road rights-of-way (ROW) to the BIA for an initial 99-year term with an automatic renewal of a second 99-year term (198 years total).

(3) The "gap" issues where there is a gap of Pueblo land between a road a private lot will be addressed by the construction of the new roads and any remaining gaps will be included in the BIA ROWs as designated access points, provided the Pueblo will not maintain any gap or private drive to a road.

(4) The County will survey the road ROWs and access points for private lots, and conduct required archeological and environmental assessments, at its expense.

(5) The Pueblo will legislatively grant temporary access to private lands off of identified roads for a term of five (5) years or until the ROWs are granted for the current roads or the new roads are constructed; provided, this does not grant authorized access off of roads of convenience.

(6) The County will maintain the roads under a maintenance agreement with the BIA and the Pueblo for the duration of the road ROWs.

(7) The County will not issue road cut permits for installation of utilities for any road in the TTPI and the Pueblo has the sole authority to grant utility easements along those roads. The Pueblo agrees to use a standard appraisal method for valuation of utility ROWs for the specific portion of CMR 84B and CMR 84 starting at the end of the pavement on 84B (Latitude = 35°53'34.4633" North, Longitude = 106°06'49.7068" West) running approximately 2.44 miles to eastern Pueblo grant boundary (Latitude = 35°53'13.58" North, Longitude = 106°04'24.09" West).

(8) The roads will be renamed by the Pueblo in a phased approach.

(9) The Pueblo and County agree to cooperate to identify designated access points or common access points.

(10) The County will require access solely through legal access points for future development on private land.

(i) Litigation on the roads matter would be very costly and would further divide the community and by negotiating a compromise settlement, the Pueblo avoids the uncertainty and great expense of litigation to resolve the roads dispute.

(j) The Council finds that it is in best interest of the Pueblo to finally resolve the long-standing roads dispute with the County and approve a Settlement Agreement that will provide a long-term solution to the roads issues within San Ildefonso Pueblo lands.

24.7.3.040 Authorizations - Approval of Roads Settlement Agreement

(1) The Council hereby approves the Settlement Agreement in substantially the same form as attached hereto.

(2) The Council hereby grants a limited waiver of the Pueblo's sovereign immunity for suits limited only to interpretation or enforcement of the Settlement Agreement by a court of competent jurisdiction.

(3) The Council hereby authorizes the Governor to sign the Settlement Agreement.

(4) The Council hereby authorizes the Governor to make such non-substantive or editorial changes to the Settlement Agreement as may be necessary, provided that the Governor shall provide the Council with a copy of the final executed Settlement Agreement.

(5) The Pueblo de San Ildefonso Council hereby approves and adopts this resolution in accordance with the requirements of the Agreement, according to Council procedures, and authorizes and directs the Governor, or his designee, to take such actions as deemed necessary to carry out the intent of this resolution.

Part 24.7.4 Interim Road Access Authorization Act of 2018

24.7.4.010 Short Title

This enactment shall be known as, "INTERIM ROAD ACCESS AUTHORIZATION ACT OF 2018 ("Act")."

24.7.4.020 Definitions

(a) "Access Point" means the point identified at which lawful ingress and egress to

Private Land can occur. Access Points that serve two or more subdivided lots on Private Land are called "Common Access Points."

(b) "Agreement" shall mean the governing Agreement of the Pueblo that was

approved by the voters and the U.S. Secretary of the Interior that establishes the form of government for the Pueblo.

(d) "Courts" shall mean the Trial Court and Supreme Court of the Pueblo as established in the Agreement.

(e) "Department" or "DOI" shall mean the United States Department of the Interior.

(f) "Governor" shall mean the Governor of the Pueblo.

(g) "Private Land" shall mean land located within the exterior boundaries of the Pueblo that the United States patented to private claimants or to which Indian Title has otherwise been duly extinguished. Discrete areas of Private Land may consist of one lot under common ownership or several lots under different ownership.

(h) "Public Road" shall mean a road open to public travel.

(i) "Pueblo" shall mean the Pueblo de San Ildefonso.

(j) "Pueblo Land" or "Pueblo Lands" shall mean real property owned by the Pueblo in fee simple subject to Federal restrictions against alienation, or lands owned by the United States in trust for the benefit of the Pueblo.

(k) "Roads Settlement Agreement" shall mean the Agreement entered into between the Pueblo, the County, and the Department to resolve the dispute over certain roads within the boundaries of Pueblo Lands, effective April 12, 2018.

(l) This Act shall utilize all other terms as defined in the Roads Settlement Agreement as needed.

24.7.4.030 Purpose

(a) The purpose of this Act is to authorize and direct the Governor to implement the Roads Settlement Agreement as follows:

(1) To authorize the Governor to grant the County a temporary public road permit for three (3) roads identified as CMR 84C, CMR 84D, and Sandy Way, for a term of five (5) years, or until the construction of Yellowbird Loop is completed, whichever is sooner, in accordance with the terms of the Roads Settlement Agreement;

(2) To authorize the Governor to provide temporary access to Private Land through an Access Point or Common Access Point off of four (4) roads identified as CMR 84, CMR 84A, CMR 84B, and the northern segment of CR 101D for a term of five (5) years or until a right-of-way is granted for access purposes, whichever is sooner;

(3) To authorize the Governor to grant specific temporary access across Pueblo Land to individual land owners seeking such specific access, subject to certain conditions contained in this Act.

24.7.4.040 Findings

The Council hereby finds and declares that:

(a) The Pueblo and the County have been engaged in a long-standing dispute over certain roads within the boundaries of the Pueblo Lands involving allegations of trespass, takings, jurisdiction, and road maintenance.

(b) In order to avoid expensive and protracted litigation, the Pueblo, the County, and DOI have executed the Roads Settlement Agreement to resolve these long-standing disputes.

(c) The Roads Settlement Agreement calls for interim steps and permanent measures to resolve the disputes regarding the roads including granting temporary permits to utilize certain existing roads, to provide temporary access to certain roads to owners of Private Lands, and to grant specific temporary access to Private Lands pending the construction of a permanent replacement road and other Access Points and Common Access Points.

24.7.4.050 Temporary Public Road Permit to Santa Fe County

(a) The Governor is hereby authorized and directed to grant permits for temporary public roads, including permits for the continued use of such temporary public roads, to the County for roads described as CMR 84C, CMR 84D, and Sandy Way, for a period of five (5) years pending the construction of Yellowbird Loop as a Public Road; provided, that any such permit issued by the Governor shall include a provision that the County shall continue to maintain such roads at its sole expense during the term of the permit.

(b) If Yellowbird Loop is not fully constructed and opened to the public at the end of the five (5) year permit term, the Governor is authorized to issue successive one (1) year extensions to the County until construction is completed, subject to the same maintenance requirements.

(c) The Governor shall be authorized to prepare and issue written permits for temporary public roads as proscribed in the Roads Settlement Agreement.

24.7.4.060 Temporary Access Authorization for Private Land Owners

(a) The Governor is hereby authorized and directed to provide temporary access to Private Land from either an identified Access Point or Common Access Point off of CMR 84, CMR 84A, CMR 84B, and the northern segment of CR 101D, for a term of five (5) years or until a right-of-way is granted, whichever is first. The Governor is not required to issue temporary access permits to individual Private Land Owners who access their property from these designated Access Points or Common Access Points; provided that Private Land Owners may seek specific temporary access permits pursuant to Section 1.7 herein.

(b) Private Land Owners who access their property from roads described as CMR 84C, CMR 84D, and Sandy Way for which a temporary five (5) year public road permit has been issued to the County pursuant to Section 1.5 above, are deemed authorized to hold temporary access to those roads over Pueblo lands from their existing point of access; provided this authorization does not allow a Private Land Owner to change their existing point of access during the time the County holds the temporary public road permit. After the construction of Yellowbird Loop, an Access Point or Common Access Point off of Yellowbird Loop will be identified for future access to Private Land(s). All other grants or authorizations for temporary access under this Act shall expire at that time.

(c) Nothing in this Section 1.6 shall authorize the Governor to grant access, nor is access authorized by this Act, to Private Lands over any Pueblo Land from any unauthorized roads of convenience or from anywhere other than an Access Point or a Common Access Point.

24.7.4.070 Specific Temporary Permit for Private Land Owners

(a) The Governor is hereby authorized and directed to grant permits for specific temporary access across Pueblo Land to individual land owners, who request such a permit, for access to their Private Land, in accordance with the terms of the Roads Settlement Agreement. The term of such permits shall be five (5) years or until the permittee has a means of lawful access to a BIA Road via an Access Point or Common Access Point; provided that the Governor shall be authorized to issue subsequent one-year permits in accordance with the terms of the Roads Settlement Agreement.

(b) Nothing in this Section 1.7 shall authorize the Governor to grant access to Private Lands over any Pueblo Land from any unauthorized roads of convenience unless specifically identified and authorized in the temporary permit.

24.7.4.080 Disclaimers and Limitations

(a) The issuance of any permit or grant of access under this Act shall not confer, grant, or recognize, whether expressly or impliedly or in whole or in part, any property right or property interest in anyone or any entity, including without limitation, the County and any individual.

(b) The Governor shall have the right to revoke a permit or a grant for temporary access if, in the Governor's determination, the County or anyone with an interest in Private Land has not complied with, or is not in compliance with, any material term of the Roads Settlement Agreement or permit.

(c) Nothing in this Act shall alter, amend, or impact in any way, any claims by any party that are not otherwise covered by the Roads Settlement Agreement.

(d) Nothing in this Act shall authorize the Governor to alter, ignore, or otherwise violate the terms of the Roads Settlement Agreement.

24.7.4.090 Jurisdiction of the Courts over Disputes

(a) Any dispute arising under this Act, excluding any dispute involving the County, shall be decided exclusively in the Courts of the Pueblo. Any dispute involving the County is governed by Roads Settlement Agreement.

(b) Nothing in this Act shall be interpreted to waive the Tribe's immunity from suit except for the purposes of enforcing this Act through non-monetary equitable relief in the Courts of the Pueblo.

24.7.4.100 Approval of the U.S. Department of the Interior

The Governor is hereby authorized to take any and all actions necessary, if any, to seek and obtain the approval of DOI for any temporary road permit, a grant of temporary access, or any other action taken pursuant to this Act if such approval is deemed necessary.

24.7.4.110 Sunset Provision

(a) This Act shall be effective from the date of enactment through the end of the period of the following events, whichever occurs last:

(1) Five (5) years from the date of enactment by the Council; or

(2) The full construction of Yellowbird Loop and Blue Dove Road and opened as public roads, and the granting of ROWs to the BIA for the New Roads and those County Maintained Roads as identified in the Roads Settlement Agreement.

(b) The Council reserves the right to reevaluate this Act and extend the effective term of the Act as needed to accomplish the purpose and goals of the Roads Settlement Agreement.

Chapter 24.8 Land Surveys

Part 24.8.1 Act Acknowledging Medrano Boundary Survey And A Authorizing Recording Of The Survey Appropriate Entities

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R17-006, dated March 21, 2017.

24.8.1.010 Findings

The Council finds that it is in the best interest of the Pueblo to acknowledge receipt of the boundary survey prepared by surveyor Larry Medrano of Precision Surveys, Inc. ("Medrano Boundary Survey") as presented and authorize that the Medrano Boundary Survey be filed with such entities as deemed necessary by the Governor to protect the property interests of the Pueblo.

24.8.1.020

The Council hereby enacts the attached law entitled the "ACT ACKNOWLEDGING MEDRANO BOUNDARY SURVEY AND AUTHORIZING RECORDING OF THE SURVEY WITH APPROPRIATE ENTITIES."

24.8.1.030 Short Title

This enactment shall be known as the "ACT ACKNOWLEDGING MEDRANO BOUNDARY SURVEY AND AUTHORIZING RECORDING OF THE SURVEY WITH APPROPRIATE ENTITIES ("Act")."

24.8.1.040 Purpose

The purpose of this Act is to acknowledge receipt of the boundary survey prepared by surveyor Larry Medrano of Precision Surveys, Inc. ("Medrano Boundary Survey") and authorize the Governor to direct the recording or filing of the survey with such appropriate entities as deemed necessary by the Governor to protect the property interests of the Pueblo de San Ildefonso ("Pueblo").

24.8.1.050 Findings

The Council hereby finds and declares that:

(a) The Pueblo has commissioned professional surveyor, Larry W. Medrano of Precision Surveys, Inc. to conduct a boundary survey of certain areas of the Pueblo's lands, including the area known as El Rancho.

(b) The Medrano Boundary Survey, as presented on the date of this enactment, is fundamentally complete except for the area located in the El Rancho area referred to as the Duran area where Precision Surveys, Inc. crews were denied access by the private landowners.

(c) Any recording of the Medrano Boundary Survey would note that access was denied to the Duran area, and if the area is surveyed by Precision Surveys, Inc. at a later date, the Medrano Boundary Survey can be amended to reflect the newly surveyed areas.

(d) The Medrano Boundary Survey identifies and confirms the Pueblo's property boundaries and this survey information is necessary for recognition and protection of the Pueblo's property rights.

(e) The recording, filing, and/or delivery of the Medrano Boundary Survey with appropriate entities such as the Santa Fe County Clerk's Office or the Bureau of Indian Affairs [A1], etc., serves as public notice of the Pueblo's boundaries and puts other surveyors on notice of the findings and conclusions regarding the Pueblo's boundaries contained in the Medrano Boundary Survey.

(f) The Council finds it in the best interest of the Pueblo to acknowledge receipt of the Medrano Boundary Survey, provided that it may be amended at a later date to include survey information from the Duran area, and to authorize recording of the amended survey with such appropriate public entities as deemed necessary by the Governor to protect the Pueblo's property rights.

24.8.1.060 Authorization

(a) The Council hereby acknowledges receipt of the Medrano Boundary Survey, and the Governor is hereby authorized to direct the recording, filing, and/or delivery of the Medrano Boundary Survey with such appropriate public entities as deemed necessary by the Governor to protect the Pueblo's property rights.

(b) Prior to any such recording, the Governor shall inform the Council of the intent to record, the entity where the survey or amended survey will be recorded, and the reason for such recording.

Chapter 24.9 Vehicles

Part 24.9.1 First Amendment to the Abandoned Vehicle Act of 2018

24.9.1.010 Short Title

This enactment shall be known as the "FIRST AMENDMENT TO THE ABANDONED VEHICLE ACT OF 2018" (the "Act").

24.9.1.020 Purpose

The Purpose of this Act is to promote a safe, clean, and healthy environment by removing abandoned vehicles from Pueblo Lands.

24.9.1.030 Findings

(a) The Pueblo has experienced an increasing number of abandoned cars and other vehicles on Pueblo lands.

(b) Abandoned vehicles create an unsafe environment by fostering rodent infestation, chemical contamination, as well as creating a safety hazard for children and an eyesore within the community.

(c) The Council has determined that eliminating abandoned vehicles from Pueblo Lands in a fair manner with proper safeguards provided to vehicle owners is in the best interest of the Pueblo.

24.9.1.040 Abandoned Vehicle Act

(a) Title 25 - TRAFFIC, of the Pueblo Code, shall be amended by adding the following new provisions:

24.9.1.050 Definitions

(a) "Abandoned Vehicle" means a Vehicle that has one or more of the following Characteristics for more than sixty (60) days: (1) wrecked or missing exterior body parts; (2) missing an engine, transmission, or other major parts; (3) incapable of being operated under its own power; (4) is left on a jack or other support for long periods of time; (5) is being used for storage of items; or (6) is stored on an unpaved surface with overgrowth underneath or tires buried in the ground.

(b) "Act" shall mean the Abandoned Vehicle Act of 2018.

(d) "Vehicle" shall have the meaning as defined in Title 25 of the Code, and shall include but not be limited to Vehicles that are propelled or cannot be drawn upon a public highway, All Terrain Vehicles, and boats.

(e) "Officer" shall mean a law enforcement officer employed by the U.S. Bureau of Indian Affairs and/or a law enforcement official designated by the Governor of the Pueblo to enforce this Act.

(f) "Person" shall have the meaning as defined in Title 25 of the Code.

(g) "Pueblo Lands" shall mean all lands and all interests in land within the exterior boundaries of the Pueblo including any additional lands held by the Pueblo.

(h) "Code Enforcement Officer" shall mean an individual designated or employed by the Natural Resources Department that shall have the primary responsibility to enforce this Act.

24.9.1.060 Abandoned Vehicle Act Procedures

(a) Any Person or Persons who abandon any Vehicle on Pueblo Lands shall be cited by a Code Enforcement Officer. A Code Enforcement Officer shall make reasonable efforts to determine the Owner of the Abandoned Vehicle. If a Code Enforcement Officer cannot determine the Owner of the Abandoned Vehicle, then the Code Enforcement Officer shall issue a citation to the Person or Persons who own, rent, or hold a possessory interest in the property upon which the Abandoned Vehicle is located.

(b) Prior to issuance of a citation pursuant to Section 1.6(a):

(1) If a Code Enforcement Officer reasonably believes that an Abandoned Vehicle is located on Pueblo Lands, the Code Enforcement Officer shall meet with the Owner or Owners of the Abandoned Vehicle, or the person responsible for the property where the Abandoned Vehicle is located, and provide a copy of this Act to the Owner, or to the Person or Persons identified in Section 1.6(a) of this Act, with the date provided, and give written notice of a potential violation of this Act if the Abandoned Vehicle is not removed.

(2) If, after fourteen (14) calendar days from the issuance of a written notification, the Officer determines that the Abandoned Vehicle has not been removed from Pueblo Lands, the Code Enforcement Officer shall issue a citation as described in Section 1.6(a).

(c) An Owner of an Antique Vehicle shall not be required to remove the Vehicle from Pueblo Lands; provided, that the Owner certifies in writing to the Code Enforcement Officer, or to the Court, that the Vehicle is an Antique Vehicle, and that the Owner continuously maintains the Vehicle in a clean and safe manner, and in such a way as to not create an eyesore within the community as determined by the Code Enforcement Officer subject to review by the Trial Court. A Person shall have no more than two Antique Vehicles.

(d) A Person cited by a Code Enforcement Officer for a violation of this Act shall have sixty (60) days from the date of the citation to remove the Abandoned Vehicle from Pueblo Lands without sanction or fines. After sixty days, the Code Enforcement Officer shall have the authority to issue a fine for each violation of this Act in accordance with a fine scheduled adopted by the Governor. If the Person fails to timely remove the Abandoned Vehicle, then, upon request of the Code Enforcement Officer, the Trial Court shall promptly hold a hearing to enforce the provisions of this Act; provided, that the Trial Court may provide a one-time extension of time not to exceed ninety (90) days for the Person to remove the Abandoned Vehicle. If the Person has failed to remove the Abandoned Vehicle as ordered by the Court, then the Trial Court shall promptly issue an order declaring the Abandoned Vehicle to be forfeited and authorizing the Abandoned Vehicle to be removed by the Pueblo with the reasonable costs of the removal to be assessed by the Court against the Person and the payment of any fines assessed. Upon the issuance of an Order of Forfeiture by the Court, which shall designate the Pueblo as the owner of the Abandoned Vehicle, the Governor's Office shall promptly remove, or cause to be removed, the Abandoned Vehicle in question. The Governor's Office shall provide the Person cited and the Court with a copy of an itemized billing for costs incurred due to the removal of the Abandoned Vehicle within fourteen (14) days of removal and any fines assessed, and the Person shall be responsible for the payment of such removal costs and fines, including reasonable court costs, attorney's fees, and collection costs, and other costs, as ordered by the Trial Court.

(e) The Governor, at his discretion, may request an Officer to be present at the time the Abandoned Vehicle is removed. Any Person interfering with Court-ordered removal of an Abandoned Vehicle shall be subject to the civil and criminal jurisdiction of the Pueblo, including to prosecution under the laws of the Pueblo.

Chapter 24.10 Civil Trespass

Part 24.10.1 Civil Trespass Act of 2022

24.10.1.010 Short Title

This enactment shall be known as the "CIVIL TRESPASS ACT OF 2022" ("Act").

24.10.1.020 Purpose

The purposes of this Act are to:

(a) Set the terms upon which the Pueblo will grant consent to persons to obtain an interest in, enter upon, remain on, or otherwise use Pueblo lands;

(b) Designate administrative responsibility for responding to trespasses on Pueblo

lands;

(d) Specify charges, penalties and damages for trespasses to Pueblo lands.

24.10.1.030 Findings

The Council finds and declares that:

(a) The Pueblo possesses inherent sovereign powers over Pueblo lands.

(b) In the exercise of that sovereign power, the Pueblo grants leases, easements, rights-of-way, and permits that authorize access to and use of the Pueblo lands.

(d) In October 2011, the Pueblo enacted a civil trespass code to address matters relating access and use of the Pueblo's lands and to establish a process to remedy trespasses on Pueblo lands.

(e) The Pueblo's 2011 civil trespass code, identified as Title XXI- Civil Trespass, was not included in the Pueblo's Code that is posted on the Pueblo's website, and must be amended to reflect the changes in the Pueblo's governance structure resulting from the Governing Agreement that was enacted and approved in December 2011, a date after the enactment of the civil trespass code.

(f) It has been determined that it is in the best interest of the Pueblo to amend and restate Title XXI-Civil Trespass Code.

24.10.1.040 Definitions

When used in this Act, the term:

(a) "Compliance incentive charge" means an amount equal to twenty percent (20%) of the original trespass charge for the first month plus ten percent (10%) of the then-current trespass charge times the number of months following notification of person in trespass for the second and subsequent months.

(b) "Council" means the governing body of the Pueblo.

(d) "Lease" means any agreement between the Pueblo and a person that grants a right of possession of Pueblo lands for a specified purpose and duration in accordance with applicable federal law and regulations.

(e) "Permit" means any agreement between the Pueblo and a person that grants a revocable privilege to use Pueblo lands for a specified purpose. Permit includes sand and gravel and borrow material permits.

(f) "Person" means any individual, group of individuals, corporation, partnership, association, state, municipality, commission, political subdivision of a state, interstate body, the federal government or any federal agency or any other entity, but does not include the Pueblo, or other Pueblo's entities or instrumentalities as may be determined by the Council by law.

(g) "Pueblo" means Pueblo de San Ildefonso, a federally recognized Indian tribe.

(h) "Pueblo lands" means any land or any interest in land owned or held by the Pueblo, or held in trust by the United States for the Pueblo.

(i) "Realty Officer" means the realty officer of the Pueblo's Realty Department.

(j) "Right-of-way" means an agreement between the Pueblo and a person that grants an easement or right-of-way in, over, under, through or to Pueblo lands in accordance with applicable Pueblo and federal law and regulations.

(k) "Secretary" means the Secretary of the Interior or his or her authorized representative.

(l) "Trespass" means the unauthorized possession, occupancy, holding over upon, entry upon, or use of Pueblo lands.

(m) "Trespass charge" means the annual rental value of the total acreage encumbered by the property of the person in trespass which is equal to the encumbered acreage times the highest annual rental value per acre then in place anywhere on Pueblo lands as determined by the Realty Officer. A monthly trespass charge is then determined by dividing the annual rental value by twelve (12). The trespass charge may be changed at any time to reflect the then-current highest annual rental value on Pueblo lands.

24.10.1.050 Applicability

(a) Except as otherwise provided in subsection (b) of this section, this Act applies to all Pueblo lands and to all persons holding or claiming an interest in, possessing, holding over upon, entering upon, or otherwise using, Pueblo lands.

(b) This Act does not apply to persons who are Pueblo members holding or claiming an interest in, possessing, entering upon, or otherwise using Pueblo lands under a valid assignment granted by the Pueblo or the United States in accordance with applicable federal law or regulations.

24.10.1.060 Construction

(a) The provisions of this Act are to be liberally construed to effectuate the intent, findings, and purposes set forth in Sections 24.10.1.020 and 24.10.1.030 of this Act, but not to conflict with applicable federal law and regulations.

(b) Nothing contained in this Act is to be construed to diminish, limit, or otherwise adversely affect any right or remedy otherwise held or available to the Pueblo or its members under other applicable law.

24.10.1.070 Act as a Condition of Future Consents, Grants and Agreements

The provisions of this Act shall be incorporated as a term and condition of the consent or grant by the Pueblo of every lease, easement, right-of-way, or permit, unless specifically waived by the Council by law.

24.10.1.080 Prohibition Against Trespass

It is unlawful to trespass upon Pueblo lands. Each day that a person trespasses constitutes a separate violation.

24.10.1.090 Penalties

(a) Any person who knowingly or intentionally trespasses shall be subject to a civil penalty not to exceed $5,000 for each violation.

(b) Any person who negligently trespasses shall be subject to a civil penalty not to exceed $1,000 for each violation.

(c) In determining the amount of a civil penalty, the Realty Officer shall consider the seriousness of the violation or violations, the economic benefit to the person in trespass, if any, resulting from the violation, any history of violations, any good-faith efforts to comply with applicable requirements, and any other factors as justice may require.

(d) If a trespass occurs as a result of holding over, then the person in trespass shall pay a monthly trespass charge plus a compliance incentive charge. If the trespass is the result of knowing, intentional or negligent action of the person in trespass, the penalties specified in subsections (a) and (b) of this section may be added to trespass charges and compliance incentive charges and to any other damages specified in Section 24.10.1.100.

24.10.1.100 Damages

(a) Any person who trespasses shall be liable to the Pueblo for all damages proximately cause by such violation.

(b) Damage proximately caused by a trespass shall be determined by the Realty Officer based upon:

(1) the highest of the economic benefit to the person, the economic detriment to the Pueblo (including, but not limited to, lost opportunity costs), or the sum of the trespass charge and the compliance incentive charge;

(2) the expense of enforcing this Act against the person in trespass;

(3) the expense of removing the property of the person in trespass;

(4) the expense of restoring Pueblo lands damaged by the trespass; and

(5) all other consequential or special damages proximately flowing from the violation of this Act by the person in trespass.

24.10.1.110 Information and Investigation

(a) Upon receipt of information indicating a trespass, the Realty Officer shall

investigate to determine whether a trespass has occurred.

(b) If the Realty Officer's investigation reveals a trespass, the Realty Officer shall, after notifying the Governor, proceed in accordance with Section 24.10.1.120 of this Act.

24.10.1.120 Enforcement

Whenever the Realty Officer finds that a person has trespassed, the Realty Officer may take one or more of the following actions:

(a) Issue a Notice of Trespass and Order to Comply to the person in trespass accordance with Section 24.10.1.130 of this Act;

(b) Issue a Notice of Assessment of Penalty and Damages to the person in trespass in accordance with Section 24.10.1.140 of this Act;

(c) Request the Governor to initiate proceedings to exclude the person in trespass from Pueblo lands in accordance with the Pueblo's Exclusion Act; or

(d) Enforce the lease, easement, right-of-way, or permit to which the person in trespass is a party in accordance with Section 24.10.1.190 of this Act.

24.10.1.130 Notice of Trespass and Order to Comply

(a) The Notice of Trespass and Order to Comply must be in writing, identify the person in trespass, the location and date of the trespass, and contain a short statement of facts indicating the nature and circumstances of the trespass.

(b) The Notice of Trespass and Order to Comply must specify any one or more of the following actions to remedy the trespass:

(1) Removal of the person in trespass or property of the person in trespass or both from the premises;

(2) Compliance with the terms, conditions, covenants or restrictions of any applicable lease, easement, right-of-way, or permit;

(3) Any other action as may be necessary to cure the trespass; or and

(4) Specify a reasonable period of time within which the person in trespass may cure the trespass. The Notice of Trespass and Order to Comply, however, may not require any action or specify any time period inconsistent with any provision of the applicable lease, easement, right-of-way, or permit.

(c) The Notice of Trespass and Order to Comply shall advise the person identified therein of the rights available under Section 24.10.1.170 of this Act.

(d) The Realty Officer shall serve the Notice of Trespass and Order to Comply upon the person identified in the notice in accordance with the provisions of the applicable lease, easement, right-of-way, or permit, if any.

(e) Nothing in this section prohibits the Realty Officer from assessing any penalties or damages or both for trespasses by the person in trespass occurring before service of the Notice of Trespass and Order to Comply or before the completion of any cure period provided in the Notice of Trespass and Order to Comply.

24.10.1.140 Notice of Assessment of Penalty and Damages

(a) The Notice of Assessment of Penalty and Damages may be served with a Notice of Trespass and Order to Comply or at any time thereafter.

(b) The Notice of Assessment of Penalty and Damages must be in writing, identify the person who is trespassing, the location and date of the trespass, and contain a short statement of facts indicating the nature and circumstances of the trespass.

(1) the amount of any penalties assessed in accordance with Section 24.10.1.090 of this Act.

(2) the amount of any damages assessed in accordance with Section 24.10.1.100 of this Act;

(3) the time period for which each assessment is made;

(4) the date payment is due; and

(5) advise the person identified therein of the appeals rights available under Section 24.10.1.170 of this Act.

(d) The Notice of Assessment of Penalty and Damages must be served upon the person identified in the notice in accordance with the applicable lease, easement, right-of-way, or permit, if any.

24.10.1.150 Special Land Use License

(a) In lieu of imposing any penalties under Section 24.10.1.090 or damages under Section 24.10.1.100 of this Act, the Governor may grant a Special Land Use License to the person in trespass for a period not to exceed three (3) months to allow temporary use of Pueblo lands in the absence of a valid lease, easement, rights-of-way, or permit providing the person in trespass:

(1) has requested a Special Land Use License;

(2) has filed an application for renewal with the Secretary or the Pueblo or both

in accordance with applicable law, and paid any applicable fees; and

(3) pays a monthly Special Land Use License fee for the Special Land Use License.

(b) The Governor may renew the Special Land Use License for an additional period of

three (3) months.

License fee based on:

(1) the amount of acreage applied for;

(2) the prevailing annual per acre rental value of Pueblo lands as established by the realty officer using the Pueblo's land valuation methods;

(3) dividing the annual rental value by twelve (12); and

(4) adding a cumulative 1.5% settlement incentive charge per month (.015 times the first monthly rental value and .015 times the prior monthly rental value for each subsequent month).

(d) Payment of the Special Land Use Fee shall be due as stated in the Schedule

accompanying the Notice of Trespass and Order to Comply.

(e) The amounts paid by the person for the Special Land Use License fee shall be credited against the final settlement amount for the trespass.

(f) The Governor may revoke the Special Land Use License if the person in trespass:

(1) fails to pay the Special Land Use License fee; or

(2) does not diligently and in good faith pursue renegotiation of the lease, right-

of-way, easement, or permit.

24.10.1.160 Payment of Penalties and Damages

(a) Penalties and damages assessed pursuant to Section 24.10.1.140 of this Act shall be due and payable upon receipt of Notice of Assessment of Penalty and Damages thereof and shall become delinquent thirty (30) days thereafter.

(b) Payments shall be by certified check made payable to the order of the Pueblo.

(c) Interest on any delinquent payment of penalties and damages shall accrue from the date of assessment thereof until paid. The interest shall be assessed at five percent (5%) above the highest prime rate listed on the date of assessment by any bank operating within Santa Fe County, New Mexico, and shall continue in effect until the assessment is paid or otherwise discharged.

(d) Monies collected through payment of assessments of penalties and damages, and any interest thereon, shall be deposited into such account as designated by the Tribal Council.

24.10.1.170 Appeals

(a) Any person who receives a Notice of Trespass and Order to Comply or Notice of Assessment of Penalty and Damages may file a notice of appeal with the Realty Officer within ten (10) days of the service of the Notice of Trespass and Order to Comply or Notice of Assessment of Penalty and Damages.

(b) The notice of appeal must be in writing and:

(1) identify the person who is alleged to be trespassing, the location and date of the alleged trespass, and contain a short statement of facts indicating the nature and circumstances of the alleged trespass;

(2) specify the order or assessment being appealed;

(3) Specify the legal basis for the appeal; and

(4) Contain a statement of facts upon which the appellant relies in support of the appeal and any argument as appellant may care to make in support of the appeal.

(5) Within ten (10) days after receiving a notice of appeal, the Realty Officer shall refer the notice of appeal to the Governor.

24.10.1.180 Hearing and Decision

(a) The Governor shall consider the appeal within twenty (20) days of receipt of the notice of appeal by the Realty Officer.

(b) Notice shall be afforded to the parties at least ten (10) days in advance of the date set for Governor to consider the appeal. Each party at the meeting to consider the appeal may be represented by counsel and shall have the opportunity to present evidence.

24.10.1.190 Enforcement of Lease, Easement, Right-of-Way or Permit

(a) The Governor may take any action authorized or allowed under the provisions, terms and conditions and covenants of an applicable lease, easement or right-of-way, permit, or agreement relating thereto as well as such action as may be authorized or allowed under the applicable law.

(b) If necessary, the Governor may request the Secretary or other appropriate federal, pueblo, or state official or agency to enforce:

(1) the provisions, terms, conditions and covenants of any lease, easement or right-of-way, permit or agreement relating thereto; and

(2) federal, Pueblo, state or local law or laws applicable to any lease, easement, right-of-way, permit, or agreement relating thereto, or relating got the conduct of business or other activity on the Pueblo lands involved.

24.10.1.200 Judicial Enforcement

The Governor may direct the tribal attorney to bring a civil action in any court of competent jurisdiction to enjoin a trespass or to obtain payment or enforcement of any assessment of damages or penalties, or for any other relief as may be authorized or allowed under any applicable law.

24.10.1.210 Severability

If any provision of this Act as enacted, or as later amended, or its application to any person or circumstance, is held invalid by a final judgment of a court of competent jurisdiction, then the invalidity shall not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

24.10.1.220 Effective Date

This Act applies to any trespass occurring after the date the Council enacts this Act. The amendments supersede all prior laws and Act sections and shall be effective on the date of enactment.

Chapter 24.11 Land Use Application Fee

Part 24.11.1 LAND USE APPLICATION FEE ACT OF 2022

24.11.1.010 Short Title

This enactment shall be known as the "LAND USE APPLICATION FEE ACT OF 2022" ("Act").

24.11.1.020 Purpose

The purpose of this Act is to authorize a Land Use Application Fee to be paid by an outside party who requests to use Pueblo de San Ildefonso ("Pueblo") lands for a business purpose to cover the Pueblo's costs to review and evaluate an application and to negotiate a new or renewed right-of-way, lease, permit or other land encumbrance.

24.11.1.030 Findings

(a) The Pueblo de San Ildefonso possesses inherent sovereign powers over the Pueblo's lands.

(b) In the exercise of that sovereign power, the Pueblo grants leases, easements, rights-of-way, and access permits that authorize access to and use of the Pueblo lands.

(c) The Pueblo must review and evaluate applications from outside parties for new or renewed rights-of-way, leases, permits and other proposed land uses and land encumbrances on Pueblo land.

(d) The Pueblo cannot rely on the Bureau of Indian Affairs to conduct or pay for the economic, safety, and legal reviews that are necessary to ensure that the Pueblo's interests are protected prior to any approval of such applications.

(e) The Pueblo has limited financial and staffing resources and cannot and will not bear the cost of reviewing applications of outside parties interested in using Pueblo land for business purposes.

(f) It is appropriate that outside parties applying to use Pueblo land should be required to pay the Pueblo's reasonable costs of reviewing and evaluating and acting on an outside party's application.

(g) In October 2011, the Pueblo approved a land use application fee to cover the Pueblo's reasonable costs in reviewing and evaluating an application for a right-of-way, lease, permit or other document to use Pueblo lands.

(h) The Pueblo's land use application fee authorization was done by Resolution No. SI-R11-032 and was not codified and included in the Pueblo's Code that is posted on the Pueblo's website, and must be amended to reflect the changes in the Pueblo's governance structure resulting from the Governing Agreement that was enacted and approved in December 2011, a date after the approval of the land use application fee.

(i) It is in the best interest of the Pueblo to amend and codify the Pueblo's land use application fee authorization.

24.11.1.040 Land Use Application Fee

(a) Any outside party applying for a new or renewed right-of-way, lease, permit or other document authorizing the applicant to use Pueblo land for business purposes shall be required to pay a non-refundable Land Use Application Fee to the Pueblo.

(b) The amount of the Land Use Application Fee is set by the Governor, in consultation with the Realty Director, and shall be an amount sufficient to cover the Pueblo's costs to perform a comprehensive review and evaluation of an application and to negotiate the terms of a right-of-way, lease, or other land encumbrance that will authorize the business use of the Pueblo's land.

(1) Reviewing any environmental and safety impacts of the proposed land encumbrance;

(2) Determining the monetary value of the land use rights to be authorized;

(3) Conducting any necessary negotiations with the applicant including matters of compensation;

(4) Obtaining legal counsel and professional consultant services required by the Pueblo; and

(5) Conducting administrative review and processing of the application or proposal.

(d) The Land Use Application Fee shall be non-refundable and must be paid in full upon receipt by the Pueblo of an applicant's formal request for the Pueblo's consideration of a new or renewed right-of-way, lease, land use permit or other document authorizing encumbrance of Pueblo land.

(e) In the event an applicant is in trespass on the Pueblo's lands, the amount paid for the Land Use Application Fee will not be credited against any final settlement amount for the trespass.

(f) Any applicant who objects to the amount of the Land Use Application Fee set by the Governor may appeal the amount and the timing of payment of the fee to the Governor. The decision of the Governor shall be final and not subject to further review or appeal.

(g) The Land Use Application Fee shall not apply to temporary access permits issued by the Realty Department as those permits relate to temporary access onto the Pueblo's lands and do not authorize encumbrance of the Pueblo's lands.

24.11.1.050 Authorization

The Governor or his designee is authorized to take all actions as necessary and appropriate to carry out the purposes and intent of the Act.

24.11.1.060 Effective Date

The requirement for the payment of a Land Use Application Fee shall be effective as of the date the Act is approved by the Council and shall apply to all applications for a new or renewed right-of-way, lease, permit or other land encumbrance submitted to the Pueblo after the effective date of the Act.