Title 6 ADMINISTRATION

Chapter 6.1 Department of Tribal Administration

Part 6.1.1 Department of Tribal Administration Enabling Act

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R12-027, dated June 18, 2012.

6.1.1.010 Findings

(a) Annual Budget items may only be included if they have first been authorized by law as required by Section 5(a)(ii)(A) of the Agreement;

(b) The Council finds that reorganizing the structure of governmental departments and Programs will promote efficiency within the Tribe;

(c) The Council finds that establishing a Department of Tribal Administration will assist the Tribe in oversight of all departments, programs, and related projects of the Pueblo.

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6.1.1.020 Short Title

(a) This enactment shall be known as the Department of Tribal Administration Enabling Act ("Act").

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6.1.1.030 Definitions

(a) "Agreement" means the Pueblo de San Ildefonso governing Agreement.

(b) "Council" means the Pueblo de San Ildefonso Council.

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

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6.1.1.040 Purpose

(a) The Purpose of the Act is to establish the Department of Tribal Administration.

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6.1.1.050 Findings

(a) The Council hereby finds and declares that:

(1) reorganizing the structure of governmental departments and programs will promote efficiency within the Tribe; and

(2) establishing a Department of Tribal Administration will assist the Tribe in achieving oversight of all departments, programs, and related projects of the Pueblo.

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6.1.1.060 General Policy

(a) Department of Tribal Administration. This act shall establish a Department of Tribal Administration to oversee all departments, programs, and related projects of the Pueblo.

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6.1.1.070 Organization of the Department of Tribal Administration

(a) There shall be one Tribal Administrator in the Department of Tribal Administration who shall oversee and provide general supervision of all departments under the direction of the Governor. The Office of the Tribal Administrator shall include administrative staff as necessary.

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6.1.1.080 Office of the Tribal Administrator Goals and Objectives

(a) The overall goal of the Office of the Tribal Administrator is to provide oversight of all departments, programs, and related projects of the Pueblo.

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6.1.1.090 Legal Counsel

(a) The Governor shall be authorized to employ and pay an attorney or a law firm to provide legal advice and assistance to the Governor within the budgetary constraints set by the Council in the Annual Budget, so long as the attorney or law firm is/are licensed member(s) in good standing of a State bar association; provided, that no attorney or law firm shall be employed in any capacity by the Pueblo if the attorney, or if any attorney presently or formerly associated with the law firm in any capacity, is the subject of any pending criminal charge in any court and the criminal charge is related to alleged conduct of the attorney, whether directly or indirectly, in his or her role as any attorney. Such attorney or law firm shall have in effect legal malpractice insurance at a minimum amount of $1,000,000.00.

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6.1.1.100 Amendment

(a) The Council may amend this enabling act or reorganize the Office of the Tribal Administrator at any time upon majority vote of the Council.

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6.1.1.110 Sovereign Immunity

(a) Nothing in this Act waives the sovereign immunity of the Pueblo or any of its representatives, officers, or employees.

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6.1.1.120 Severability

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

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Chapter 6.2 Department of Accounting and Finance

Part 6.2.1 Department of Accounting and Finance Enabling Act

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R12-020, dated June 18, 2012.

6.2.1.010 Findings

(a) Annual budget items may only be included if they have first been authorized by law as required by Section 5(a)(ii)(A) of the Agreement;

(b) The Council finds that reorganizing the structure of governmental departments and programs will promote efficiency within the Tribe;

(c) The Council finds that establishing a Department of Accounting and Finance will assist the Tribe in providing direction and management of the Pueblo's financial matters.

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6.2.1.020 Short Title

(a) This enactment shall be known as the Department of Accounting and Finance Enabling Act ("Act").

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6.2.1.030 Definitions

(a) "Agreement" means the Pueblo de San Ildefonso governing Agreement.

(b) "Council" means the Pueblo de San Ildefonso Council.

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

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6.2.1.040 Purpose

(a) The Purpose of the Act is to establish the Department of Accounting and Finance.

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6.2.1.050 Findings

(a) The Council hereby finds and declares that:

(1) reorganizing the structure of governmental departments and programs will promote efficiency within the Tribe; and

(2) establishing a Department of Accounting and Finance will assist the Tribe in providing direction and management of the Pueblo's financial matters.

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6.2.1.060 General Policy

(a) Department of Accounting and Finance. This act shall establish the Department of Accounting and Finance to direct and manage the Pueblo's financial matters.

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6.2.1.070 Organization of the Department of Accounting and Finance

(a) There shall be a Director of the Department of Accounting and Finance who shall oversee the general supervision of the department.

(b) In order to promote efficiency within the Department of Accounting and Finance, program offices will be established as necessary. A program director shall oversee the general supervision of the each program office and shall report to the Director of Accounting and Finance.

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6.2.1.080 Department of Accounting and Finance Goals and Objectives

(a) The overall goals of the Accounting Department ("Department") are to manage the financial affairs of the Pueblo. The Department shall oversee the operations for all accounting departments, programs, and projects and shall effectively manage all revenues, assets and property of the Pueblo. The Department shall ensure compliance with federal, state, and any additional reporting requirements. The Department shall implement the generally accepted accounting principles ("GAAP") and provide technical advice and assistance as requested. The Department shall address internal control matters, manage the annual audit process, and maintain and operate the Indirect cost pool. The Department shall keep the Governor and Council informed of the Tribe's financial position by providing monthly financial statements to the Governor and Council. The Department shall recommend policy changes to improve the Tribe's accounting policies, procedures, and practices.

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6.2.1.090 Amendment

(a) The Council may amend this enabling act or reorganize the Department of Accounting and Finance at any time upon majority vote of the Council.

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6.2.1.100 Sovereign Immunity

(a) Nothing in this Act waives the sovereign immunity of the Pueblo or any of its representatives, officers, or employees.

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6.2.1.110 Severability

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

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Part 6.2.2 The Accounting Policies & Procedures Manual Act of 2017

6.2.2.010 Short Title

This enactment shall be known as, "THE ACCOUNTING POLICIES & PROCEDURES MANUAL ACT OF 2017 ("Act")."

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6.2.2.020 Purpose

The purpose of this Act is to authorize the Governor, in consultation with the Controller, to implement the Accounting Policies & Procedures Manual.

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6.2.2.030 Findings

The Council hereby finds and declares that:

(a) The Pueblo has operated its government in a fiscally prudent manner and has, over the years, developed a sophisticated automated financial management system.

(b) The Pueblo must ensure that its books of account are prepared to conform to sound accounting principles and practices.

(c) The Council and Governor require accurate and timely financial reports on a monthly basis to ensure sound financial management and to satisfy their fiduciary responsibilities.

(d) The on-going financial well-being of the Pueblo requires accountable use of funds and other resources in accordance with Federal and State regulations and Grant requirements.

(e) All Pueblo employees and agents have a role to play in the implementation and maintenance of sound financial management practices.

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6.2.2.040 Authorization to Implement the Accounting Policies and Procedures Manual

(a) The Council hereby authorizes and directs the Governor, based on the recommendation of the Controller, to implement the Manual as approved.

(b) Implementation is to be supported by formal training for all affected Pueblo employees, and by periodic review and modification as necessary.

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Part 6.2.3 Audit Authorization, Acceptance, and Responsibility Act

6.2.3.010 Short Title

This enactment shall be known as the "AUDIT AUTHORIZATION, ACCEPTANCE, AND RESPONSIBILITY ACT ("Act")."

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6.2.3.020 Purpose

The purpose of this act is to:

(a) Authorize and direct the Governor to complete an external financial audit of the Pueblo in accordance with the requirements of the Governing Agreement; and

(b) Authorize the Governor to procure an independent licensed auditor; and

(c) Require the Governor to provide a copy of the annual audit report to the Council and to direct the auditor to make an in-person presentation to the Council, and to assign to the Governor the responsibility to accept or reject the annual audit prepared by the auditors; and

(d) Require the Governor to develop and implement a plan to adequately address all audit findings identified in the annual audit.

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6.2.3.030 Findings

The Council hereby declares that:

(a) the Governing Agreement requires the Pueblo to conduct an annual financial audit by an independent auditor; and

(b) the annual audit is an important indicator of the Pueblo's accounting practices and financial health, and is a valuable tool to safeguard the financial assets of the Pueblo; and

(c) the Governor of the Pueblo oversees and directs the Accounting Department personnel, engages the independent auditor, and is vested with the executive authority and responsibility to ensure that the annual audit is conducted and accepted by the Pueblo and that a plan to address all audit findings is developed and implemented.

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6.2.3.040 Contract Authorization for Independent Auditors

(a) The Governor is hereby authorized to negotiate and execute a contract with external and independent qualified auditors to conduct and complete an annual financial audit for the Pueblo in accordance with the requirements of the Governing Agreement.

(b) The Governor shall provide a copy of the annual audit report to the Council prior to Governor's acceptance, and shall direct the auditor to make an in-person presentation to the Council regarding the annual audit.

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Part 6.2.4 Accounting Policies and Procedures Manual Amendments of 2022

6.2.4.010 Short Title

This enactment shall be known as the "ACCOUNTING POLICY AND PROCEDURES MANUAL AMENDMENTS OF 2022."

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6.2.4.020 Purpose

The purpose of this Act is to approve amendments of the Accounting Policy and Procedures Manual.

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6.2.4.030 Findings

The Council hereby finds and declares that:

(a) The Council has enacted a 75-page, comprehensive Accounting Policy and Procedures Manual ("Manual") to govern the financial practices of the Pueblo.

(b) The Finance Department and Governor have identified the need to amend the Manual to streamline certain accounting procedures and to clarify several accounting practices to bring greater efficiencies and cost-savings to the Pueblo.

(c) The Finance Department, Tribal Administrator, and Governor have developed a set of proposed amendments to the Manual and have presented the proposed amendments to the Council for consideration and approval.

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6.2.4.040 Approval

The Council hereby approves and enacts the attached Accounting Policy and Procedures Manual amendments of 2022.

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Chapter 6.3 Budgets

Part 6.3.1 Annual Budget Authorization for Fiscal Year 2015-2016

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R15-014, dated June 22, 2015.

6.3.1.010 Findings

(a) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget which includes all projected revenues and expenditures;

(b) For budget purposes, revenues are defined as increases in financial resources received during the year to meet financial obligations incurred during the year;

(c) The Governor's Office and Tribal Council have developed and proposed an Annual Budget to continue operating the Tribe's departments and programs for the next fiscal year;

(d) The Pueblo's Annual Budget consists of four (4) fund types within the financial system: the General Fund that is the basic operating fund that accounts for everything not accounted for in another governmental fund; the Special Revenue Fund that is specific revenue fund sources that are limited to being used for a particular purpose; the Capital Projects Fund for fund accounts for the construction, rehabilitation, and acquisition of capital assets, such as land, buildings, equipment, and roads; and the Business Fund for funds on activities financed primarily by revenues generated by activities themselves;

(e) The Pueblo's FY 2015-2016 Annual Budget is divided into three (4) categories with the following amounts:

(f) The Pueblo de San Ildefonso's total FY 2015-2016 Annual Budget Council is $10,620,566.

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6.3.1.020

The Pueblo de San Ildefonso Annual Budget for Fiscal Year 2015-2016 consists of the following budgets and amounts:

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6.3.1.030

The Pueblo de San Ildefonso Council hereby approves and enacts the attached Annual Budget in the total amount of $10,749,566 effective July 1, 2015 to June 30, 2016.

[NEED ATTACHMENT]

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6.3.1.040

The Pueblo de San Ildefonso shall not expend any General Fund Capital Project funds without prior approval from the Tribal Council.

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6.3.1.050

The Tribal Administration is directed to provide the Council no less than quarterly with a financial report that shows budget variances in revenues and expenditures.

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Part 6.3.2 FY 2015-2016 New Funding Council Adjustment "NF-1"

Editor's Notes

NEED RESOLUTION # FOR NF-1

6.3.2.010 Findings

(a) The Pueblo's FY 2015-2016 Annual Budget is divided into four (4) categories with the following amounts:

(b) The Pueblo's total FY 2015-2016 Annual Budget approved by the Council is $10,620,566;

(c) Section 5(a)(ii)(A) requires that "Budget modifications by the Council shall be permitted no more than twice a year; provided, that budget modifications by the Council to obtain new grants, appropriate matching funds for new grants, or to expend new grant funds may be done at anytime";

(d) The Council established a Budget Modification Process and categorization for all funds, approved funds, newly acquired grants, new matching funds, and/or new funds, to systematically track the different types of budget modifications;

(e) The Pueblo has acquired new grants and new funds and thus requires a budget adjustment;

(f) The Pueblo enacted a law entitled, "Budget Modification Process Act" which establishes establishes the "New Funding Council Adjustment" designation for all new grants, new matching funds, and or new funds acquired by the Pueblo. The budget adjustment for the new funding will be identified as "NF-1", "NF-2", and so on;

(g) The Pueblo has established the "New Funding Council Adjustment" designation for all new grants, new matching funds, and or new funds acquired by the Pueblo. The budget adjustment for the new funding will have attached a budget, scope of work and identified as "NF-1", "NF-2", and so on;

(h) The Pueblo's FY 2015-2016 New funding is identified per the following:

(i) The Pueblo's total FY 2015-2016 Special Revenue Fund would increase from $4,162541 to $4,497,810 as a result of the new funds;

(j) The modified Pueblo's FY 2015-2016 Annual Budget will be modified to reflect the following amounts:

(k) The Pueblo's total FY 2015-2016 Annual Budget will be $10,955,835.

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6.3.2.020

The Pueblo de San Ildefonso Tribal Council hereby approves the "New Funding Council Adjustment NF-1" and modifies the Annual Budget for Fiscal Year 2015-2016 which consists of the following budgets and amounts:

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6.3.2.030

The Pueblo de San Ildefonso Tribal Annual Budget for Fiscal Year 2015-2016 as modified consists of the following budgets and amounts:

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6.3.2.040

The Council hereby approves the identified adjustments and enacts the Annual Budget in the total amount of $10,955,835 effective upon the passage of this resolution.

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Part 6.3.3 FY 2015-2016 New Funding "NF-2"

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R16-001, dated February 5, 2016.

6.3.3.010 Findings

(a) The Pueblo de San Ildefonso's ("Pueblo") FY 2015-2016 Annual Budget is divided into four (4) categories with the following amounts:

(b) the Pueblo's total FY 2015-2016 Annual "Adjusted" Budget is $10,955,835;

(c) Section 5(a)(ii)(A) requires that "Budget modifications by the Council shall be permitted no more than twice a year; provided, that budget modifications by the Council to obtain new grants, appropriate matching funds for new grants, or to expend new grant funds may be done at anytime";

(d) The Council established a Budget Modification Process and categorization for all funds, approved funds, newly acquired grants, new matching funds, and/or new funds, to systematically track the different types of budget modifications;

(e) The Pueblo has acquired new grants and new funds and thus requires a budget adjustment;

(f) The Pueblo enacted a law entitled, "Budget Modification Process Act" which establishes the "New Funding Council Adjustment" designation for all new grants, new matching funds, and or new funds acquired by the Pueblo. The budget adjustment for the new funding will be identified as "NF-1", "NF-2", and so on;

(g) The Pueblo's FY 2015-2016 New Funding NF-2 is identified per the following:

(h) The Pueblo's FY 2015-2016 new adjusted FY 2015-2016 Annual Budget would increase from $10,955,835 to $11,187,271.82;

(i) The modified Pueblo's FY 2015-2016 Annual Budget is divided into the following amounts:

(j) The Pueblo's total FY 2015-2016 Annual Budget will be $11,187,271.82.

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6.3.3.020

The Council hereby approves the "New Funding Council Adjustment" "NF-2" and adjusts the Annual Budget for Fiscal Year 2015-2016 which consists of the following budgets and amounts:

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6.3.3.030

The Annual Budget for Fiscal Year 2015-2016 is adjusted with the following budgets and amounts:

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6.3.3.040

The Council hereby approves the identified adjustments and enacts the Annual Budget in the total amount of $11,187,271.82 effective upon enactment.

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Part 6.3.4 FY 2015-2016 New Funding "NF-3"

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R16-006, dated May 16, 2016.

6.3.4.010 Findings

(a) Currently the Pueblo's total FY2015-2016 total Annual Budget is $11,028,390.38, which consists of the following categories and amounts:

(b) Section 5(a)(ii)(A) of the Agreement also allows budget modifications by the Council no more than twice a year, provided that budget modifications by the Council to obtain new grants, appropriate matching funds for new grants, or to expend new grant funds may be done at any time;

(c) The Pueblo enacted a law entitled, "Budget Modification Process Act" which establishes the "New Funding Council Adjustment" designation for all new grants, new matching funds, or new funds acquired by the Pueblo. The budget adjustment for the new funding will be identified as "NF-1," NF-2," and so on;

(d) The Pueblo's FY 2015-2016 New Funding 3 (NF-3) is identified per the following:

(e) The Pueblo's FY 2015-2016 new adjusted FY 2015-2016 Annual Budget will increase from $11,028,390.38 to $11,263,879.38;

(f) The Pueblo's modified FY 2015-2016 Annual Budget is as follows:

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6.3.4.020

The Council hereby approves the "New Funding Council Adjustment 3 (NF-3)" and adjusts the Annual Budget for Fiscal Year 2015-2016 by addition of the following:

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6.3.4.030

The Annual Budget for Fiscal Year 2016-2017 is adjusted with new amounts as follows:

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6.3.4.040

The Council hereby approves the identified adjustments (NF-3) and enacts the FY 2015-2016 Annual Budget in the new total amount of $11,263,879.38.

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Part 6.3.5 FY 2015-2016 New Funding "NF-4"

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R16-009, dated May 26, 2016.

6.3.5.010 Findings

(a) Currently the Pueblo's total FY2015-2016 total Annual Budget is $11,263,879.38, which consists of the following categories and amounts:

(b) Section 5(a)(ii)(A) of the Agreement also allows budget modifications by the Council no more than twice a year, provided that budget modifications by the Council to obtain new grants, appropriate matching funds for new grants, or to expend new grant funds may be done at any time;

(c) The Pueblo enacted a law entitled, "Budget Modification Process Act" which establishes the "New Funding Council Adjustment" designation for all new grants, new matching funds, or new funds acquired by the Pueblo. The budget adjustment for the new funding will be identified as "NF-1," NF-2," and so on;

(d) The Pueblo's FY 2015-2016 New Funding 4 (NF-4) is identified per the following:

*See Attachment A (Memorandum)

(e) The Pueblo's FY 2015-2016 new adjusted FY 2015-2016 Annual Budget will increase from $11,263,879.38to $11,296,795.38;

(f) The Pueblo's modified FY 2015-2016 Annual Budget is as follows:

(g) The Council hereby approves and authorizes the "New Funding Council Adjustment 4" "NF-4" attached hereto and that such adjustments shall be effective immediately upon enactment.

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6.3.5.020

The Council hereby approves the "New Funding Council Adjustment 4 (NF-4)" and adjusts the Annual Budget for Fiscal Year 2015-2016 by addition of the following:

*See Attachment A (Memorandum)

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6.3.5.030

The Annual Budget for Fiscal Year 2016-2017 is adjusted with new amounts as follows:

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6.3.5.040

The Council hereby approves the identified adjustments (NF-4) and enacts the FY 2015-2016 Annual Budget in the new total amount of $11,296,795.38.

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Part 6.3.6 FY 2016-2017 New Funding "NF-1"

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R16-023, dated October 18, 2016.

6.3.6.010 Findings

(a) Currently the Pueblo's total FY2016-2017 total Annual Budget is $11,395,113.36, which consists of the following categories and amounts:

(b) Section 5(a)(ii)(A) of the Agreement also allows budget modifications by the Council no more than twice a year, provided that budget modifications by the Council to obtain new grants, appropriate matching funds for new grants, or to expend new grant funds may be done at any time;

(c) The Pueblo enacted a law entitled, "Budget Modification Process Act" which establishes the "New Funding Council Adjustment" designation for all new grants, new matching funds, or new funds acquired by the Pueblo. The budget adjustment for the new funding for each fiscal year will be identified as "NF-1," NF-2," and so on;

(d) The Pueblo's FY 2016-2017 New Funding 1 (NF-1) is identified per the following:

(e) The Pueblo's FY 2016-2017 new adjusted FY 2016-2017 Annual Budget will increase from $11,395,113.36 to $11,609,399.36;

(f) The Pueblo's modified FY 2016-2017 Annual Budget is as follows:

(g) The Council hereby approves and authorizes the "FY 2016-2017 New Funding Council Adjustment 1 (NF-1)" attached hereto and that such adjustments shall be effective immediately upon enactment;

(h) 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.

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6.3.6.020

The Council hereby approves the "New Funding Council Adjustment 1 (NF-1)" and adjusts the Annual Budget for Fiscal Year 2016-2017 by addition of the following:

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6.3.6.030

The Annual Budget for Fiscal Year 2016-2017 is adjusted with new amounts as follows:

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6.3.6.040

The Council hereby approves the identified adjustments (FY 2016-17 NF-1) and enacts the FY 2016-2017 Annual Budget in the new total amount of $11,609,399.36.

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Part 6.3.7 FY 2016-2017 New Funding "NF-1"

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R16-023, dated October 18, 2016.

6.3.7.010 Findings

(a) Currently the Pueblo's total Fiscal Year (FY) 2016-2017 Annual Budget is $11,609,399.36 which consists of the following categories and amounts:

(b) Section 5(a)(ii)(A) of the Agreement also allows budget modifications by the Council no more than twice a year, provided that budget modifications by the Council to obtain new grants, appropriate matching funds for new grants, or to expend new grant funds may be done at any time;

(c) The Pueblo enacted a law entitled, "Budget Modification Process Act" which establishes the "New Funding Council Adjustment" designation for all new grants, new matching funds, or new funds acquired by the Pueblo. The budget adjustment for the new funding for each fiscal year will be identified as "NF-1," NF-2," and so on;

(d) The Pueblo's FY 2016-2017 New Funding 2 (NF-2) is identified per the following:

(e) The Pueblo's FY 2016-2017 new adjusted FY 2016-2017 Annual Budget will increase from $11,609,399.36 to $12,355,176.29;

(f) The Pueblo's modified FY 2016-2017 Annual Budget is as follows:

(g) The Council hereby approves and authorizes the "FY 2016-2017 New Funding Council Adjustment 2" (NF-2) attached hereto and such adjustments shall be effective immediately upon enactment.

(h) 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.

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6.3.7.020

The Council hereby approves the New Funding Council Adjustment 2 (NF-2) and adjusts the Annual Budget for Fiscal Year 2016-2017 by addition of the following:

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6.3.7.030

The Annual Budget for Fiscal Year 2016-2017 is adjusted with new amounts as follows:

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6.3.7.040

The Council hereby approves the identified adjustments (FY 2016-17 NF-2) and enacts the FY 2016-2017 Annual Budget in the new total amount of $12,355,176.29.

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Part 6.3.8 Annual Budget Authorization for Fiscal Year 2016-2017

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R16-011, dated June 21, 2016.

6.3.8.010 Findings

(a) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement;

(b) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures;

(c) The Pueblo's Annual Budget consists of four (4) fund types within the financial system: the General Fund that is the basic operating fund that accounts for everything not accounted for in another governmental fund; the Special Revenue Fund that is specific revenue fund sources that are limited to being used for a particular purpose; the Capital Projects Fund for fund accounts for the construction, rehabilitation, and acquisition of capital assets, such as land, buildings, equipment, and roads; and the Business (Proprietary) Fund for funds on activities financed primarily by revenues generated by activities themselves; and

(d) For budget purposes, revenues are defined as increases in financial resources received during the year to meet financial obligations incurred during the year;

(e) During the budget development process, it became apparent that the Pueblo must closely monitor and assess the receipt of revenues and expenditure of funds consistently throughout the budget year and take such actions as may be necessary in order to be fiscally responsible;

(f) As part of fiscal responsibility the Council directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund);

(g) The Governor shall provide the Council with a monthly, written report on the progress and expenditure of funds regarding Tribally Funded Projects and Capital Projects;

(h) The Governor shall keep the Council informed of the Tribe's financial position by providing the Council with a monthly, written financial statement of the Pueblo;

(i) As part of the close fiscal monitoring of revenues, it is imperative that the Pueblo properly identify, record, and maximize use of revenues generated from long term right-of-way agreements for Pueblo property,

(j) The Governor's Office, in coordination with the Council Budget, Finance, and Taxation Committee, developed the proposed budget attached to this Resolution ("FY 2016-2017 Annual Budget") and the Council Budget, Finance, and Taxation Committee recommended approval of the attached FY 2016-2017 Annual Budget as summarized below;

(k) The Council has reviewed the proposed FY 2016-2017 Annual Budget and the Budget, Finance, and Taxation Committee's recommendation to approve the Annual Budget.

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6.3.8.020

The Council hereby:

(a) Approves and enacts the attached FY 2016-2017 Annual Budget in the total amount of $11,395,113.36, effective July 1, 2016 to June 30, 2017; and

(b) Requires approved budgets signed by the Governor for each Fund Code budget within the FY 2016-2017 Annual Budget package; and

(c) Directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and

(d) Directs the Governor to provide the Council with a monthly, written report on the progress and expenditure of funds regarding Tribally Funded Projects and Capital Projects; and

(e) Directs the Governor to keep the Council informed of the Tribe's financial position by providing the Council with a monthly, written financial statement of the Pueblo; and

(f) Directs that annually amortized revenues from right-of-way agreements be placed into a designated account and be drawn down annually for general fund purposes; and

(g) 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.

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Part 6.3.9 Authorization For Fiscal Year 2016-2017 Budget Modification No. 1

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R17-002, dated January 18, 2017.

6.3.9.010 Findings

(a) the Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement;

(b) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and

(c) Section 5(a)(ii)(A) of the Agreement also allows budget modifications by the Council no more than twice a year;

(d) The Council approved the FY2016-2017 Annual Budget on June 16, 2016, and has implemented two New Funding Adjustments resulting in the current budget total as follows:

(e) The Council has not been presented with or authorized any Budget Modifications to the budget to-date;

(f) It has been determined that certain modifications to the FY 2016-17 Annual Budget are necessary;

(g) The proposed budget modifications attached to this Resolution ("Budget Modification No. 1") were submitted to the Council, which has reviewed the modifications and recommended approval of the attached modifications;

(h) The Council has reviewed the proposed Budget Modification No. 1 and has determined that it is in the best interest of the Pueblo to approve Budget Modification No. 1;

(i) The Pueblo's FY 2016-2017 new adjusted Annual Budget will increase from $12,355,176.29 to $12,893,893.29;

(j) The Pueblo's modified FY 2016-2017 Annual Budget is as follows:

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6.3.9.020

The Council hereby approves and authorizes the attached Budget Modification No. 1 to the FY 2016-2017 Annual Budget and that such modifications shall be effective immediately upon enactment.

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6.3.9.030

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 carry out the intend of this resolution.

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6.3.9.040 Budget Modification

(a) The current FY 2016-2017 Annual Budget, prior to this enactment, is as follows:

(b) The Council hereby approves Budget Modification No. 1 to the FY 2016-2017 Annual Budget, which includes the following:

(1) BIA – CTGP Realty (20-xxxx-200-206-17):

Increase budget by $1,078.00 due to funding agency increase.

(2) BIA – CTGP Tribal Courts (20-xxxx-200-203-17):

Increase budget by $265,047.00 due to funding agency increase.

(3) BIE – Early Childhood (20-xxxx-200-224-15):

Increase budget by $64,313.00 due to funding agency increase.

(4) EPA – General Assistance Program (GAP) (20-xxxx-400-401-18):

Increase budget by $109,279.00 due to funding agency increase.

(5) State of NM – Tribal Libraries Program (20-xxxx-755-714-16):

Move funds greater that 10%; no increase or decrease.

(6) BIA – Accounting/Administration (10-xxxx-200-205-17)

Increase budget by $20,000.00.

(7) DOE – LAPP (20-xxxx-450-450-99)

Increase budget by $91,910.39.

(8) DOE – NRDA (20-xxxx-450-451-99)

Decrease budget by $91,910.39.

(9) GF – Tribal Distribution (Fund Code to be determined):

Increase budget by $79,000.00.

*Modification Approval Sheets (packets) for each program are attached.

(c) Budget Modification No. 1 results in changes as follows:

(d) The Annual Budget for Fiscal Year 2016-2017, after Budget Modification No. 1, is adjusted with new amounts as follows:

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Part 6.3.10 New Funding Council Adjustment 3 (NF-3) To The FY 2016-2017 Annual Budget

6.3.10.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and

(b) The voters of the Pueblo approved a Governing Agreement ("Agreement") for the Pueblo on November 19, 2011, and the Bureau of Indian Affairs approved the Agreement on December 21, 2011, pursuant to Federal law; and

(c) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement; and

(d) Currently the Pueblo's total Fiscal Year (FY) 2016-2017 Annual Budget is $12,893,893.29 which consists of the following categories and amounts:

(e) Section 5(a)(ii)(A) of the Agreement also allows budget modifications by the Council no more than twice a year, provided that budget modifications by the Council to obtain new grants, appropriate matching funds for new grants, or to expend new grant funds may be done at any time; an

(f) The Pueblo enacted a law entitled, "Budget Modification Process Act" which establishes the "New Funding Council Adjustment" designation for all new grants, new matching funds, or new funds acquired by the Pueblo. The budget adjustment for the new funding for each fiscal year will be identified as "NF-1," NF-2," and so on; and

(g) The Pueblo's FY 2016-2017 New Funding 3 (NF-3) is identified per the following:

(h) The Pueblo's FY 2016-2017 new adjusted Annual Budget will increase from $12,893,893.29 to $12,943,893.29; and

(i) The Pueblo's modified FY 2016-2017 Annual Budget is as follows:

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6.3.10.020

The Council hereby approves and authorizes the "New Funding Council Adjustment 3 (NF-3) to the FY 2016-2017 Annual Budget" attached hereto and such adjustments shall be effective immediately upon enactment.

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6.3.10.030

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 carry out the intent of this resolution.

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6.3.10.040 NEW FUNDING COUNCIL ADJUSTMENT 3 (NF-3) TO THE FY 2016-2017 ANNUAL BUDGET

(a) The Council hereby approves the New Funding Council Adjustment 3 (NF-3) and adjusts the Annual Budget for Fiscal Year 2016-2017 by addition of the following:

(b) The Annual Budget for Fiscal Year 2016-2017 is adjusted with new amounts as follows:

(c) The Council hereby approves the identified adjustments (FY 2016-17 NF-3) and enacts the FY 2016-2017 Annual Budget in the new total amount of $12,943,893.29.

Grant/Contract Checklist (budget packet) is attached.

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Part 6.3.11 Annual Budget Authorization for Fiscal Year 2017-2018

6.3.11.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and

(b) The voters of the Pueblo approved a Governing Agreement ("Agreement") for the Pueblo on November 19, 2011, and the Bureau of Indian Affairs approved the Agreement on December 21, 2011, pursuant to Federal law; and

(c) The Council is authorized to make laws for the Pueblo pursuant to Section 5 of the Agreement; and

(d) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and

(e) The Pueblo's FY2017-2018 Annual Budget consists of three (3) fund types within the financial system: the General Fund that is the basic operating fund that accounts for everything not accounted for in another governmental fund; the Special Revenue Fund that is specific revenue fund sources that are limited to being used for a particular purpose; and the Capital Projects Fund for fund accounts for the construction, rehabilitation, and acquisition of capital assets, such as land, buildings, equipment, and roads; and

(f) For budget purposes, revenues are defined as increases in financial resources received during the year to meet financial obligations incurred during the year; and

(g) As part of fiscal responsibility the Council directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and

(h) The Governor shall keep the Council informed of the Tribe's financial position by providing the Council with a monthly, written financial statement of the Pueblo; and

(i) As part of the close fiscal monitoring of revenues, it is imperative that the Pueblo properly identify, record, and maximize use of revenues generated from long term right-of-way agreements for Pueblo property, and

(j) The Governor's Office, in coordination with the Council Budget, Finance, and Taxation Committee, developed the proposed budget attached to this Resolution ("FY 2017-2018 Annual Budget") and the Council Budget, Finance, and Taxation Committee recommended approval of the attached FY 2017-2018 Annual Budget as summarized below; and

(k) The Council has reviewed the proposed FY 2017-2018 Annual Budget and the Budget, Finance, and Taxation Committee's recommendation to approve the Annual Budget.

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6.3.11.020 Findings

that the Council hereby:

(a) Approves and enacts the attached FY 2017-2018 Annual Budget in the total amount of $8,789,224, effective July 1, 2017 to June 30, 2018; and

(b) Directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and

(c) Directs the Governor to provide the Council with a monthly report on the expenditure of budget funding; and

(d) Directs the Governor to keep the Council informed of the Tribe's financial position by providing the Council with a monthly, written financial statement of the Pueblo; and

(e) Directs that annually amortized revenues from right-of-way agreements be placed into a designated account and be drawn down annually for general fund purposes; and

(f) Council approval shall be required for the allocation or usage of any and all unanticipated revenue or additional new funds received during the budget year.

(g) 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.

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6.3.11.030

(July 1, 2017 to June 30, 2018)

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Part 6.3.12 Authorization for Fiscal Year 2016-2017 Budget Modification No. 2

6.3.12.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and

(b) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement; and

(c) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and

(d) Section 5(a)(ii)(A) of the Agreement also allows budget modifications by the Council no more than twice a year; and

(e) The Council approved the FY2016-2017 Annual Budget on June 16, 2016, and has implemented two New Funding Adjustments and one Budget Modification resulting in the current budget total as follows:

(f) It has been determined that certain modifications to the FY 2016-17 Annual Budget are necessary; and

(g) The Council has reviewed the proposed Budget Modification No. 2 and has determined that it is in the best interest of the Pueblo to approve Budget Modification No. 2; and

(h) The Pueblo's FY 2016-2017 Annual Budget amount will not increase as a result of Budget Modification No. 2; and

(i) The Pueblo's FY 2016-2017 Annual Budget remains as follows:

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6.3.12.020

The Council hereby approves and authorizes the attached Budget Modification No. 2 to the FY 2016-2017 Annual Budget and that such modifications shall be effective immediately upon enactment.

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6.3.12.030

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 carry out the intend of this resolution.

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6.3.12.040 AUTHORIZATION FOR FISCAL YEAR 2016-2017 BUDGET MODIFICATION NO. 2

(a) The current FY 2016-2017 Annual Budget, prior to this enactment, is as follows:

(b) The Council hereby approves Budget Modification No. 2 to the FY 2016-2017 Annual Budget, which consists of the following:

(1) State of NM – FY17 State Aid (20-xxxx-755-713-17): Move funds greater than 10%; no increase or decrease to the budget total.

(This is a budget adjustment requiring a budget modification.)

(2) State of NM - PED (20-xxxx-755-730-17): Move funds greater than 10%; no increase or decrease to the budget total.

(This is a budget adjustment requiring a budget modification.)

(3) FY17 IMLS (20-xxxx-475-471-15): Move funds greater than 10%; no increase or decrease to the budget total.

(This is a budget adjustment requiring a budget modification.)

(4) State of NM - FY17 Tribal Library Program (20-xxxx-755-714-17): Move funds greater than 10%; no increase or decrease to the budget total.

(This is a budget adjustment requiring a budget modification.)

(5) GF – Tewa (10-xxxx-100-183-17): Move funds greater than 10%; no increase or decrease to the budget total.

(This is a budget adjustment requiring a budget modification.)

(6) GF – Tribal Council (10-xxxx-100-184-17): Move funds greater than 10%; no increase or decrease to the budget total.

(This is a budget adjustment requiring a budget modification.)

(7) GF – Teen Council (10-xxxx-xxx-xxx-17): To establish a new General Fund budget in the amount of $3,000 transferred from Youth Program.

(8) GF – Youth Program (10-xxxx-100-194-17): Decrease budget by $3,000; transfer funds to Teen Council.

(9) GF - Seniors (10-xxxx-100-802-17): Increase budget by $1,201.96.

(10) GF – Governor's Office (10-xxxx-100-185-17): Increase budget by $15,000.

(11) GF – Accounting (10-xxxx-100-802-17): Increase budget by $41,925.00.

(12) GF – CPF-Well Water Project (10-xxxx-100-117-17): Decrease budget by $5,000.

(13) GF – CPF-Fiber Optic /Broadband Project (10-xxxx-100-118-17): Decrease budget by $10,000.

(14) GF – Infrastructure (10-xxxx-100-156-17): Decrease budget by $14,000.

(15) GF – DOE/Norton line (10-xxxx-100-134-17): Decrease budget by $29,126.96.

(16) IDC Accounting (20-xxxx-200-802-17): Increase budget by $4,000.

(17) IDC Information Technology (20-xxxx-200-806-17): Decrease budget by $4,000.

*Modification Approval Sheets (packets) for each program are attached.

(c) Budget Modification No. 2 results in no increase or decrease to the General Fund budgets overall and no increase or decrease to the Special Revenue Fund, Capital Projects Fund and Business Fund.

(d) The Fiscal Year 2016-2017 Annual Budget total after Budget Modification No. 2 remains unchanged as follows:

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Part 6.3.13 New Funding Council Adjustment 1 (NF-1) to the Fiscal Year 2017-2018 Annual Budget

6.3.13.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and

(b) The voters of the Pueblo approved a Governing Agreement ("Agreement") for the Pueblo on November 19, 2011, and the Bureau of Indian Affairs approved the Agreement on December 21, 2011, pursuant to Federal law; and

(c) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement; and

(d) Currently the Pueblo's total Fiscal Year (FY) 2017-2018 Annual Budget is $8,789,224.00 which consists of the following categories and amounts:

(e) Section 5(a)(ii)(A) of the Agreement also allows budget modifications by the Council no more than twice a year, provided that budget modifications by the Council to obtain new grants, appropriate matching funds for new grants, or to expend new grant funds may be done at any time; and

(f) The Pueblo enacted a law entitled, "Budget Modification Process Act" which establishes the "New Funding Council Adjustment" designation for all new grants, new matching funds, or new funds acquired by the Pueblo. The budget adjustment for the new funding for each fiscal year will be identified as "NF-1," NF-2," and so on; and

(g) The Pueblo's FY 2017-2018 New Funding 1 (NF-1) is identified per the following:

(h) The Pueblo's FY 2017-2018 new adjusted Annual Budget will increase from $8,789,224.00 to $8,796,224.00; and

(i) The Pueblo's modified FY 2017-2018 Annual Budget is as follows:

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6.3.13.020

The Council hereby approves and authorizes the "New Funding Council Adjustment 1 (NF-1) to the FY 2017-2018 Annual Budget" attached hereto and such adjustments shall be effective immediately upon enactment.

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6.3.13.030

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 carry out the intent of this resolution.

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6.3.13.040 NEW FUNDING COUNCIL ADJUSTMENT 1 (NF-1) TO THE FY 2017-2018 ANNUAL BUDGET

(a) The Council hereby approves the New Funding Council Adjustment 1 (NF-1) and adjusts the Annual Budget for Fiscal Year 2017-2018 by addition of the following:

(b) The Annual Budget for Fiscal Year 201-2018 is adjusted with new amounts as follows:

(c) The Council hereby approves the identified adjustments (FY 2017-18 NF-1) and enacts the FY 2017-2018 Annual Budget in the new total amount of $$8,796,224.00.

Budget, Budget Justification and Supporting Documentation is attached.

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Part 6.3.14 New Funding Council Adjustment 2 (NF-2) to the Fiscal Year 2017-2018 Annual Budget

6.3.14.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and

(b) The voters of the Pueblo approved a Governing Agreement ("Agreement") for the Pueblo on November 19, 2011, and the Bureau of Indian Affairs approved the Agreement on December 21, 2011, pursuant to Federal law; and

(c) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement; and

(d) Currently the Pueblo's total FY2017-2018 total Annual Budget is $8,796,224.00, which consists of the following categories and amounts:

(e) Section 5(a)(ii)(A) of the Agreement also allows budget modifications by the Council no more than twice a year, provided that budget modifications by the Council to obtain new grants, appropriate matching funds for new grants, or to expend new grant funds may be done at any time; and

(f) The Pueblo enacted a law entitled, "Budget Modification Process Act" which establishes the "New Funding Council Adjustment" designation for all new grants, new matching funds, or new funds acquired by the Pueblo. The budget adjustment for the new funding will be identified as "NF-1," NF-2," and so on; and

(g) the Pueblo's FY 2017-2018 New Funding 2 (NF-2) is identified per the following:

(h) The Pueblo's FY 2017-2018 new adjusted FY 2017-2018 Annual Budget will increase from $8,796,224.00 to $8,911,964.85; and

(i) The Pueblo's modified FY 2017-2018 Annual Budget is as follows:

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6.3.14.020

The Council hereby approves and authorizes the attached law entitled, NEW FUNDING COUNCIL ADJUSTMENT 2 (NF-2) TO THE FY 2017-2018 ANNUAL BUDGET

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6.3.14.030

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.

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6.3.14.040 NEW FUNDING COUNCIL ADJUSTMENT 2 (NF-2) TO THE FY 2017-2018 ANNUAL BUDGET

(a) The Council hereby approves the "New Funding Council Adjustment 2 (NF-2)" and adjusts the Annual Budget for Fiscal Year 2017-2018 by addition of the following:

(b) The Annual Budget for Fiscal Year 2017-2018 is adjusted with new amounts as follows:

(c) The Council hereby approves the identified adjustments (NF-2) and enacts the FY 2017-2018 Annual Budget in the new total amount of $8,911,964.85.

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Part 6.3.15 Authorization for Fiscal Year 2017-2018 Budget Modification No. 1

6.3.15.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and

(b) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement; and

(c) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and

(d) Section 5(a)(ii)(A) of the Agreement also allows budget modifications by the Council no more than twice a year; and

(e) The Council approved the FY2017-2018 Annual Budget on June 9, 2017, and has implemented one New Funding Adjustment resulting in the current budget total as follows:

(f) It has been determined that certain modifications to the FY 2017-18 Annual Budget are necessary; and

(g) The Council has reviewed the proposed Budget Modification No. 1 and has determined that it is in the best interest of the Pueblo to approve Budget Modification No. 1; and

(h) The Pueblo's FY 2017-2018 Annual Budget amount will not increase as a result of Budget Modification No. 1; and

(i) The Pueblo's FY 2017-2018 Annual Budget remains as follows:

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6.3.15.020

The Council hereby approves and authorizes the attached Budget Modification No. 1 to the FY 2017-2018 Annual Budget and that such modifications shall be effective immediately upon enactment.

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6.3.15.030

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 carry out the intend of this resolution.

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6.3.15.040 AUTHORIZATION FOR

FISCAL YEAR 2017-2018 BUDGET MODIFICATION NO. 1

(a) The current FY 2017-2018 Annual Budget, prior to this enactment, is as follows:

(b) The Council hereby approves Budget Modification No. 1 to the FY 2017-2018 Annual Budget, which consists of the following:

• Broadband Project: Reduce budget total by $25,000.00.
• DOE/Norton Line: Reduce budget total by $18,000.00.
• Animal Control: Reduce budget total by $20,000.00.
• Tribal Council: Reduce budget total by $40,000.00.
• Information Technology: Reduce budget total by $10,000.00.
• Governor's Office: Reduce budget total by $40,900.00.
• Facilities: Increase budget total by $35,500.00.
• Tribal Distribution: Increase budget total by $$118,400.00

(c) Budget Modification No. 1 results in no increase or decrease to the General Fund budget overall and no increase or decrease to the Special Revenue Fund or Capital Projects Fund.

(d) The Fiscal Year 2017-2018 Annual Budget total after Budget Modification No. 1 remains unchanged as follows:

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Part 6.3.16 Annual Budget Authorization for Fiscal Year 2018-2019

6.3.16.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and

(b) The voters of the Pueblo approved a Governing Agreement ("Agreement") for the Pueblo on November 19, 2011, and the Bureau of Indian Affairs approved the Agreement on December 21, 2011, pursuant to Federal law; and

(c) The Council is authorized to make laws for the Pueblo pursuant to Section 5 of the Agreement; and

(d) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and

(e) the Pueblo's FY2018-2019 Annual Budget consists of three (3) fund types within the financial system: the General Fund that is the basic operating fund that accounts for everything not accounted for in another governmental fund; the Special Revenue Fund that is specific revenue fund sources that are limited to being used for a particular purpose; and the Capital Projects Fund for fund accounts for the construction, rehabilitation, and acquisition of capital assets, such as land, buildings, equipment, and roads; and

(f) For budget purposes, revenues are defined as increases in financial resources received during the year to meet financial obligations incurred during the year; and

(g) As part of fiscal responsibility the Council directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and

(h) The Governor shall keep the Council informed of the Tribe's financial position by providing the Council with a monthly, written financial statement of the Pueblo; and

(i) As part of the close monitoring of revenues, it is imperative that the Pueblo properly identify, record, and maximize use of revenues generated from long term right-of-way agreements for Pueblo property, and

(j) The Governor's Office, in coordination with the Council, finalized the proposed budget attached to this Resolution ("FY 2018-2019 Annual Budget") and have recommended approval of the attached FY 2018-2019 Annual Budget as summarized below; and

(k) The Council has reviewed the proposed FY 2018-2019 Annual Budget and has recommended to approve the attached Annual Budget.

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6.3.16.020

The Council hereby:

(a) Approves and enacts the attached FY 2018-2019 Annual Budget in the total amount of $13,260.173.01 effective July 1, 2018 to June 30, 2019; and

(b) Approves the implementation of a 2.5% Cost of Living Adjustment (COLA) for all full-time employees who have been employed 1 year or more as of July 1, 2018; with the COLA to be effective July 1, 2018.

(c) Approves the inclusion of 2.5% in the budget to support employee merit increases up to 2.5% as deemed appropriate after completion of an annual employee evaluation.

(d) Directs the Governor to keep the Council informed of the Tribe's financial position by providing the Council with a monthly, written financial statement of the Pueblo; and

(e) Directs that annually amortized revenues from right-of-way agreements be placed into a designated account and be drawn down annually for general fund purposes; and

(f) Directs that Council approval shall be required for the allocation or usage of any and all unanticipated revenue or additional new funds received during the budget year.

(g) 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.

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6.3.16.030

(July 1, 2018 to June 30, 2019)

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Part 6.3.17 Authorization for Fiscal Year 2017-2018 Budget Modification No. 2

6.3.17.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and

(b) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement; and

(c) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and

(d) Section 5(a)(ii)(A) of the Agreement also allows budget modifications by the Council no more than twice a year; and

(e) The Council approved the FY2017-2018 Annual Budget on June 9, 2017, and has implemented two New Funding Adjustments and one Budget Modification (No. 1), resulting in the current budget total as follows:

(f) It has been determined that certain modifications to the FY 2017-18 Annual Budget are necessary; and

(g) The Council has reviewed the proposed Budget Modification No. 2 and has determined that it is in the best interest of the Pueblo to approve Budget Modification No. 2; and

(h) The Pueblo's FY 2017-2018 Annual Budget amount will not increase as a result of Budget Modification No. 2; and

(i) The Pueblo's FY 2017-2018 Annual Budget remains as follows:

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6.3.17.020

The Council hereby approves and authorizes the attached Budget Modification No. 2 to the FY 2017-2018 Annual Budget and that such modifications shall be effective immediately upon enactment.

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6.3.17.030

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 carry out the intend of this resolution.

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6.3.17.040 AUTHORIZATION FOR FISCAL YEAR 2017-2018 BUDGET MODIFICATION NO. 2

(a) The current FY 2017-2018 Annual Budget, prior to this enactment, is as follows:

(b) The Council hereby approves Budget Modification No. 2 to the FY 2017-2018 Annual Budget, which consists of the following:

• Broadband Project: Reduce budget total by $25,000.00.
• DOE/Norton Line: Reduce budget total by $18,000.00.
• Animal Control: Reduce budget total by $20,000.00.
• Tribal Council: Reduce budget total by $40,000.00.
• Information Technology: Reduce budget total by $10,000.00.
• Governor's Office: Reduce budget total by $40,900.00.
• Facilities: Increase budget total by $35,500.00.
• Tribal Distribution: Increase budget total by $$118,400.00

(Distribution amount: $150.00 per enrolled tribal member.)

(c) Budget Modification No. 1 results in no increase or decrease to the General Fund budget overall and no increase or decrease to the Special Revenue Fund or Capital Projects Fund.

(d) The Fiscal Year 2017-2018 Annual Budget total after Budget Modification No. 1 remains unchanged as follows:

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Part 6.3.18 Authorization for Fiscal Year 2018-2019 Budget Modification No. 1

6.3.18.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and

(b) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement; and

(c) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and

(d) Section 5(a)(ii)(A) of the Agreement also allows budget modifications by the Council no more than twice a year; and

(e) The Council approved the FY2018-2019 Annual Budget on June 15, 2018, as follows:

(f) It has been determined that certain modifications to the FY 2018-19 Annual Budget are necessary; and

(g) The Council has reviewed the proposed Budget Modification No. 1 and has determined that it is in the best interest of the Pueblo to approve Budget Modification No. 1; and

(h) The Pueblo's FY 2018-2019 Annual Budget amount will increase by $16,895.06 as a result of Budget Modification No. 1; and

(i) The Pueblo's FY 2018-2019 Annual Budget after Budget Modification No. 1 is as follows:

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6.3.18.020

The Council hereby approves and authorizes the attached Budget Modification No. 1 to the FY 2018-2019 Annual Budget and that such modifications shall be effective immediately upon enactment.

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6.3.18.030

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 carry out the intent of this resolution.

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6.3.18.040 AUTHORIZATION FOR FISCAL YEAR 2018-2019 BUDGET MODIFICATION NO. 1

(a) The current FY 2018-2019 Annual Budget, prior to this enactment, is as follows:

(b) The Council hereby approves Budget Modification No. 1 to the FY 2018-2019 Annual Budget, which consists of the following:

(1) GF – Education (10-xxxx-100-188-19): Reallocate funds greater than 10% and add donations from Pueblo Opera Program.

(2) SRF – Tewa Donation (20-xxxx-750-850-18): Budget Increase in the amount of $4,096.00: Add donations for the Education Department made in memory of Margaret Siebel for children and youth Tewa language and culture programming.

(3) SRF – Chamiza (20-xxxx-750-768-18): Reallocate funds received for Tewa Language Program from the Chamiza Foundation.

(4) GF – Senior Program (10-xxxx-100-197-19): Reallocate funds greater than 10%.

Modification Approval Sheets (packets) for each of the above listed budgets are attached.

(c) Budget Modification No. 1 results in an increase to the General Fund in the amount of $12,826.06.

(d) Budget Modification No. 1 results in an increase to the Special Revenue Fund in the amount of $4,069.00.

(e) There are no changes to the Capital Projects Fund.

(f) The Fiscal Year 2018-2019 Annual Budget total after Budget Modification No. 1 is as follows:

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Part 6.3.19 Authorization for Fiscal Year 2019-2020 Budget Modification No. 1

6.3.19.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and

(b) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement; and

(c) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and

(d) Section 5(a)(ii)(A) of the Agreement also allows budget modifications by the Council no more than twice a year; and

(e) The FY2019-2020 Annual Budget is as follows:

(f) It has been determined that certain modifications to the FY 2019-20 Annual Budget are necessary; and

(g) The Council has reviewed the proposed Budget Modification No. 1 and has determined that it is in the best interest of the Pueblo to approve Budget Modification No. 1; and

(h) The Pueblo's FY 2019-2020 Annual Budget amount for general funds will increase by $126,220 and capital project funds will decrease by $601,327 as a result of Budget Modification No. 1; and

(i) The Pueblo's FY 2019-2020 Annual Budget after Budget Modification No. 1 is as follows:

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6.3.19.020

The Council hereby approves and authorizes the attached Budget Modification No. 1 to the FY 2019-2020 Annual Budget and that such modifications shall be effective immediately upon enactment.

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6.3.19.030

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 carry out the intent of this resolution.

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6.3.19.040 Authorization for Fiscal Year 2019-2020 Budget Modification No. 1

(a) The current FY 2019-2020 Annual Budget, prior to this enactment, is as follows:

(b) The Council hereby approves Budget Modification No. 1 to the FY 2019-2020 Annual Budget as follows and as documented on the attached budgets.

(c) The Pueblo's FY 2019-2020 Annual Budget amount for general funds will increase by $126,220 and capital project funds will decrease by $601,327 as a result of Budget Modification No. 1

(d) The Fiscal Year 2019-2020 Annual Budget total after Budget Modification No. 1 is as follows:

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Part 6.3.20 Budget Authorization for COVID-19 Grant from the United States Treasury

6.3.20.010 Findings

(a) The Council is authorized to make laws for the Pueblo pursuant to Section 5 of the Agreement.

(b) Section 5(a)(ii)(A) of the Agreement allows the Tribal Council to enact a budget for all new grants.

(c) The Pueblo has received a new grant from the US Treasury that allows the Pueblo access to 1.6 million for Covid-19 pandemic prevention and operational costs in dealing with Covid-19.

(d) As the grant will require close fiscal monitoring of expenditures it is imperative that the Pueblo properly identify, record, and maximize use of this grant.

(e) The Governor's Office, in coordination with the Council, developed the proposed budget attached to this Resolution ("Covid-19 Grant Budget") and recommends approval of the Budget.

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6.3.20.020

The Council hereby:

(a) Approves and enacts the attached Covid-19 Grant Budget in the total amount of $1,698,542.69, effective May 1, 2020 to December 30, 2020; and

(b) Directs the Governor to provide the Council with a monthly report on the expenditure of budget funding; and

(c) 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.

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6.3.20.030 Short Title

This enactment shall be known as the "BUDGET AUTHORIZATION FOR COVID-19 GRANT FROM THE UNITED STATES TREASURY."

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6.3.20.040 Definitions

(a) "Agreement" means the Pueblo de San Ildefonso Agreement.

(b) "Council" means the Pueblo de San Ildefonso Council.

(c) "Governor" means the Pueblo de San Ildefonso Governor.

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

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6.3.20.050 Purpose

The purpose of this Resolution is to approve the Budget for the Covid-19 Grant (May 1, 2020 to December 30, 2020).

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6.3.20.060 Findings

The Council hereby finds that:

(a) Section 5(a)(ii)(A) of the Agreement allows Tribal Council to enact a budget for all new grants; and

(b) The Pueblo has received a new grant from the United States Treasury that allows the Pueblo to access $1.6M for Covid-19 pandemic prevention and operational costs in dealing with the Covid-19 pandemic; and

(c) The grant will require close fiscal monitoring of expenditures and it is imperative that the Pueblo properly identify, record, and maximize use of this grant; and

(d) The Governor's Office, in coordination with the Council, developed the proposed budget attached to this Resolution ("Covid-19 Grant Budget") and recommended approval of the Budget.

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6.3.20.070 Authorizations

The Council herby:

(a) Approves and enacts the attached Covid-19 Grant Budget in the total amount of $1,698,542.69, effective May 1, 2020 to December 30, 2020.

(b) Directs the Governor to provide the Council with a monthly report on the expenditure of budget funding.

(c) 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.

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6.3.20.080 Sovereign Immunity

Nothing in this resolution waives the sovereign immunity of the Pueblo or any of its representatives, officers, or employees.

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6.3.20.090 Severability

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

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Part 6.3.21 Annual Budget Authorization for Fiscal Year 2020-2021

6.3.21.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and

(b) The voters of the Pueblo approved a Governing Agreement ("Agreement") for the Pueblo on November 19, 2011, and the Bureau of Indian Affairs approved the Agreement on December 21, 2011, pursuant to Federal law; and

(c) The Council is authorized to make laws for the Pueblo pursuant to Section 5 of the Agreement; and

(d) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and

(e) The Pueblo's FY 2020-2021 Annual Budget consists of three (3) fund types within the financial system: the General Fund that is the basic operating fund that accounts for everything not accounted for in another governmental fund; the Special Revenue Fund that is specific revenue fund sources that are limited to being used for a particular purpose; and the Capital Projects Fund for fund accounts for the construction, rehabilitation, and acquisition of capital assets, such as land, buildings, equipment, and roads; and

(f) For budget purposes, revenues are defined as increases in financial resources received during the year to meet financial obligations incurred during the year; and

(g) As part of fiscal responsibility the Council directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and

(h) The Governor shall keep the Council informed of the Tribe's financial position by providing the Council with a monthly, written financial statement of the Pueblo; and

(i) The FY 2020-2021 estimated revenue projection is going to be short by about $400K due to COVID-19 activities that halted and postponed construction activities that would have generated additional tax revenue to the Pueblo. The Tribal Council realized the need to make reductions for FY 2020-2021 based on that number to maintain balanced budget projections because of continual COVID-19 problems. Through discussions between the Executive and Legislative Branches, reductions were made to the original submitted FY 2020-2021 drafts to meet revenue expectations; and

(j) Because of the COVID-19 pandemic and the need to prioritize Pueblo member's health and safety, the Tribal Council has been delayed in working on several important pieces that may have affected the outcomes of Scopes of Work, programs, and budget adjustments. These projects included restructure of the Pueblo Organizational Chart, detailed Wage and Compensation Scale, Personnel Policy and Departmental Review and Follow up. The Tribal Council will continue to engage in these efforts for FY 2020-2021, and it should be understood that those outcomes may affect budgets based upon the results of those activities; and

(k) As part of the close fiscal monitoring of revenues, it is imperative that the Pueblo properly identify, record, and maximize use of revenues generated from long term right-of-way agreements for Pueblo property, and

(l) The Governor's Office, in coordination with the Council's Budget, Finance, and Taxation Committee, developed the proposed budget attached to this Resolution ("FY 2020-2021 Annual Budget") and recommends approval of the attached FY 2020-2021 Annual Budget as summarized below; and

(m) The Council has reviewed the proposed FY 2020-2021 Annual Budget and the Budget, Finance, and Taxation Committee's recommendation to approve the Annual Budget.

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6.3.21.020

The Council hereby:

(a) Approves and enacts the attached FY 2020-2021 Annual Budget in the total amount of $16,073,109.30 effective July 1, 2020 to June 30, 2021; and

(b) Directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and

(c) Directs the Governor to provide the Council with a monthly report on the expenditure of budget funding; and

(d) Directs the Governor to keep the Council informed of the Tribe's financial position by providing the Council with a monthly, written financial statement of the Pueblo; and

(e) Directs that deferred (unearned) revenues from Right of Way agreements be placed in a designated investment account and be drawn down annually in distributions equal to the amortized amount for general fund purposes; and

(f) Directs that Council approval shall be required for the allocation or usage of any and all unanticipated revenue or additional new funds received during the budget year.

(g) 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.

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6.3.21.030 Short Title

This enactment shall be known as the "ANNUAL BUDGET AUTHORIZATION FOR FISCAL YEAR 2020-2021."

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6.3.21.040 Definitions

(a) "Agreement" means the Pueblo de San Ildefonso Governing Agreement.

(b) "Council" means the Pueblo de San Ildefonso Council.

(c) "Governor" means the Pueblo de San Ildefonso Governor.

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

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6.3.21.050 Purpose

The purpose of this Act is to approve the Annual Budget for the Fiscal Year 2020-2021 (July 1, 2020 to June 30, 2021).

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6.3.21.060 Findings

The Council hereby finds that:

(a) The government of the Pueblo operates on a limited budget.

(b) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and

(c) The Pueblo's FY 2020-2021 Annual Budget consists of three (3) fund types within the financial system: the General Fund that is the basic operating fund that accounts for everything not accounted for in another governmental fund; the Special Revenue Fund that is specific revenue fund sources that are limited to being used for a particular purpose; and the Capital Projects Fund for fund accounts for the construction, rehabilitation, and acquisition of capital assets, such as land, buildings, equipment, and roads.

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6.3.21.070 Authorizations

The Council hereby:

(a) Approves and enacts the attached FY 2020-2021 Annual Budget in the total amount of $16,073,109.30 effective July 1, 2020 to June 30, 2021; and

(b) Directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and

(c) Directs the Governor to provide the Council with a monthly report on the expenditure of budget funding; and

(d) Directs the Governor to keep the Council informed of the Tribe's financial position by providing the Council with a monthly, written financial statement of the Pueblo; and

(e) Directs that deferred (unearned) revenues from Right of Way agreements be placed in a designated investment account and be drawn down annually in distributions equal to the amortized amount for general fund purposes; and

(f) Directs that Council approval shall be required for the allocation or usage of any and all unanticipated revenue or additional new funds received during the budget year.

(g) 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.

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6.3.21.080 Sovereign Immunity

Nothing in this Act waives the sovereign immunity of the Pueblo or any of its representatives, officers, or employees.

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6.3.21.090 Severability

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

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Part 6.3.22 New Funding Budget Modification to Appropriate Matching Funds

6.3.22.010 Short Title

This enactment shall be known as the "NEW FUNDING BUDGET MODIFICATION TO APPROPRIATE MATCHING FUNDS ("NF #1")."

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6.3.22.020 Purpose

The purpose of this budget modification is to appropriate matching funds to the CARES Act funds recently received from the federal government and to be taken from the Pueblo's investment funds in order to make an immediate distribution to all members of the Pueblo.

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6.3.22.030 Findings

(a) The Council approved the FY 2020-2021 Annual Budget starting on July 1, 2020; and

(b) The Council has determined that a modification to the FY 2020-2021 Annual Budget is necessary to appropriate matching funds from the Pueblo's investment funds to the CARES Act funds in order to use the matching funds to provide distributions directly to Members of the Pueblo to help address the economic hardships caused by the COVID-19 pandemic so long as all distributions are made exclusively from the matching funds; and

(c) The NF-1 budget modification shall be considered a modification to the FY 2020-2021 Annual Budget as matching funds to a new grant as permitted by the Governing Agreement at any time.

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6.3.22.040 Budget Modification and Appropriation

The Council hereby appropriates matching funds in the amount of $384,500 from the Pueblo's investment funds to the CARES Act funds received by the Pueblo in order to issue a distribution of $500 exclusively from such matching funds to each Member of the Pueblo who is enrolled as a member as of the effective date of this resolution.

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Part 6.3.23 Authorization for Fiscal Year 2020-2021 Budget Modification No. 1

6.3.23.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and

(b) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement; and

(c) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and

(d) Section 5(a)(ii)(A) of the Agreement also allows budget modifications by the Council no more than twice a year; and

(e) The FY2020-2021 Annual Budget is as follows:

(f) It has been determined that certain modifications to the FY 2020-21 Annual Budget are necessary; and

(g) The Council has reviewed the proposed Budget Modification No. 1 and has determined that it is in the best interest of the Pueblo to approve Budget Modification No. 1; and

(h) The Pueblo's FY 2020-2021 Annual Budget amount for general funds will increase by $387,500 as a result of Budget Modification No. 1; and

(i) The Pueblo's FY 2020-2021 Annual Budget after Budget Modification No. 1 is as follows:

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6.3.23.020

The Council hereby approves and authorizes the attached Budget Modification No. 1 to the FY 2020-2021 Annual Budget and that such modifications shall be effective immediately upon enactment.

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6.3.23.030

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 carry out the intent of this resolution.

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6.3.23.040 Authorization for Fiscal Year 2020-2021 Budget Modification No. 1

(a) The current FY 2020-2021 Annual Budget, prior to this enactment, is as follows:

(b) The Council hereby approves Budget Modification No. 1 to the FY 2020-2021 Annual Budget as follows and as documented on the attached budgets.

(c) The Pueblo's FY 2020-2021 Annual Budget amount for general funds will increase by $387,500 as a result of Budget Modification No. 1

(d) The Fiscal Year 2020-2021 Annual Budget total after Budget Modification No. 1 is as follows:

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Part 6.3.24 Annual Budget Authorization for Fiscal Year 2021-2022

6.3.24.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and

(b) The voters of the Pueblo approved a Governing Agreement ("Agreement") for the Pueblo on November 19, 2011, and the Bureau of Indian Affairs approved the Agreement on December 21, 2011, pursuant to Federal law; and

(c) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement; and

(d) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and

(e) The Pueblo's FY 2021-2022 Annual Budget consists of three (3) fund types within the financial system: the General Fund that is the basic operating fund that accounts for everything not accounted for in another governmental fund; the Special Revenue Fund that is specific revenue fund sources that are limited to being used for a particular purpose; and the Capital Projects Fund for fund accounts for the construction, rehabilitation, and acquisition of capital assets, such as land, buildings, equipment, and roads; and

(f) For budget purposes, revenues are defined as increases in financial resources received during the year to meet financial obligations incurred during the year; and

(g) As part of fiscal responsibility the Council directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and

(h) The Governor shall keep the Council informed of the Tribe's financial position by providing the Council with a monthly, written financial statement of the Pueblo; and

(i) Because of the COVID-19 pandemic and the need to prioritize Pueblo member's health and safety, the Tribal Council has been delayed in working on several important pieces that may have affected the outcomes of Scopes of Work, programs, and budget adjustments. These projects included restructure of the Pueblo Organizational Chart, detailed Wage and Compensation Scale, Personnel Policy and Departmental Review and Follow up. The Tribal Council will continue to engage in these efforts for FY 2021-2022, and it should be understood that those outcomes may affect budgets based upon the results of those activities; and

(j) As part of the close fiscal monitoring of revenues, it is imperative that the Pueblo properly identify, record, and maximize use of revenues generated from long term right-of-way agreements for Pueblo property, and

(k) The Governor's Office, in coordination with the Council's Budget, Finance, and Taxation Committee, developed the proposed budget attached to this Resolution ("FY 2021-2022 Annual Budget") and recommends approval of the attached FY 2021-2022 Annual Budget as summarized below; and

(l) The Council has reviewed the proposed FY 2021-2022 Annual Budget and the Budget, Finance, and Taxation Committee's recommendation to approve the Annual Budget.

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6.3.24.020

The Council hereby:

(a) Approves and enacts the attached FY 2021-2022 Annual Budget in the total amount of $23,487,998.00 effective July 1, 2021 to June 30, 2022; the total amount of the approved budget includes a 3% Cost of Living Adjustment (COLA) for eligible employees in the amount of $125,714.00; and

(b) Directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and

(c) Directs the Governor to provide the Council with a monthly report on the expenditure of budget funding; and

(d) Directs the Governor to keep the Council informed of the Tribe's financial position by providing the Council with a monthly, written financial statement of the Pueblo; and

(e) Directs that deferred (unearned) revenues from Right of Way agreements be placed in a designated investment account and be drawn down annually in distributions equal to the amortized amount for general fund purposes; and

(f) Directs that Council approval shall be required for the allocation or usage of any and all unanticipated revenue or additional new funds received during the budget year.

(g) 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.

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6.3.24.030 Short Title

This enactment shall be known as the "ANNUAL BUDGET AUTHORIZATION FOR FISCAL YEAR 2021-2022."

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6.3.24.040 Definitions

(a) "Agreement" means the Pueblo de San Ildefonso Governing Agreement.

(b) "Council" means the Pueblo de San Ildefonso Council.

(c) "Governor" means the Pueblo de San Ildefonso Governor.

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

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6.3.24.050 Purpose

The purpose of this Act is to approve the Annual Budget for the Fiscal Year 2021-2022 (July 1, 2021 to June 30, 2022).

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6.3.24.060 Findings

The Council hereby finds that:

(a) The government of the Pueblo operates on a limited budget.

(b) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and

(c) The Pueblo's FY 2021-2022 Annual Budget consists of three (3) fund types within the financial system: the General Fund that is the basic operating fund that accounts for everything not accounted for in another governmental fund; the Special Revenue Fund that is specific revenue fund sources that are limited to being used for a particular purpose; and the Capital Projects Fund for fund accounts for the construction, rehabilitation, and acquisition of capital assets, such as land, buildings, equipment, and roads.

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6.3.24.070 Authorizations

The Council hereby:

(a) Approves and enacts the attached FY 2021-2022 Annual Budget in the total amount of $23,487,998.00 effective July 1, 2021 to June 30, 2022; the total amount of the approved budget includes a 3% Cost of Living Adjustment (COLA) for eligible employees in the amount of $125,714.00; and

(b) Directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and

(c) Directs the Governor to provide the Council with a monthly report on the expenditure of budget funding; and

(d) Directs the Governor to keep the Council informed of the Tribe's financial position by providing the Council with a monthly, written financial statement of the Pueblo; and

(e) Directs that deferred (unearned) revenues from Right of Way agreements be placed in a designated investment account and be drawn down annually in distributions equal to the amortized amount for general fund purposes; and

(f) Directs that Council approval shall be required for the allocation or usage of any and all unanticipated revenue or additional new funds received during the budget year.

(g) 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.

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6.3.24.080 Sovereign Immunity

Nothing in this Act waives the sovereign immunity of the Pueblo or any of its representatives, officers, or employees.

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6.3.24.090 Severability

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

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Part 6.3.25 Authorization for Fiscal Year 2021-2022 Budget Modification No. 1

6.3.25.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and

(b) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement; and

(c) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and

(d) Section 5(a)(ii)(A) of the Agreement also allows budget modifications by the Council no more than twice a year; and

(e) The FY2021-2022 Annual Budget is as follows:

(f) It has been determined that certain modifications to the FY 2021-2022 Annual Budget are necessary; and

(g) The Council has reviewed the proposed Budget Modification No. 1 and has determined that it is in the best interest of the Pueblo to approve Budget Modification No. 1; and

(h) The Pueblo's FY 2021-2022 Annual Budget amount for general funds will increase by $7,409.00 as a result of Budget Modification No. 1; and,

(i) the Pueblo's FY 2021-2022 Annual Budget amount for special revenue funds will not increase nor decrease as a result of Budget Modification No. 1 due to the development of the American Rescue Plan Act budget; and,

(j) the funds for increasing the General Fund for the Education Departments Scholarship increase will come from the Pueblo's investment account; and,

(k) The Pueblo's FY 2021-2021 Annual Budget after Budget Modification No. 1 is as follows:

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6.3.25.020

The Council hereby approves and authorizes the attached Budget Modification No. 1 to the FY 2021-2022 Annual Budget and that such modifications shall be effective immediately upon enactment.

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6.3.25.030

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 carry out the intent of this resolution.

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6.3.25.040 Authorization for Fiscal Year 2021-2022 Budget Modification No. 1

(a) The current FY 2021-2022 Annual Budget, prior to this enactment, is as follows:

(b) The Council hereby approves Budget Modification No. 1 to the FY 2021-2022 Annual Budget as follows and as documented on the attached budgets.

(c) The Pueblo's FY 2021-2022 Annual Budget amount for general funds will increase by $7,409.00 as a result of Budget Modification No. 1

(d) The Pueblo's FY 2021-2022 Annual Budget amount for special revenue funds will not increase nor decrease as a result of Budget Modification No. 1 due to the development of the American Rescue Plan Act budget.

(e) The funds for increasing the General Fund for the Education Departments Scholarship increase will come from the Pueblo's investment account.

(f) The Fiscal Year 2021-2022 Annual Budget total after Budget Modification No. 1 is as follows:

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Part 6.3.26 Annual Budget Authorization for Fiscal Year 2022-2023

6.3.26.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and

(b) The voters of the Pueblo approved a Governing Agreement ("Agreement") for the Pueblo on November 19, 2011, and the Bureau of Indian Affairs approved the Agreement on December 21, 2011, pursuant to Federal law; and

(c) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement; and

(d) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and

(e) The Pueblo's FY 2021-2022 Annual Budget consists of three (3) fund types within the financial system: the General Fund that is the basic operating fund that accounts for everything not accounted for in another governmental fund; the Special Revenue Fund that is specific revenue fund sources that are limited to being used for a particular purpose; and the Capital Projects Fund for fund accounts for the construction, rehabilitation, and acquisition of capital assets, such as land, buildings, equipment, and roads; and

(f) For budget purposes, revenues are defined as increases in financial resources received during the year to meet financial obligations incurred during the year; and

(g) As part of fiscal responsibility the Council directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and

(h) The Governor shall keep the Council informed of the Tribe's financial position by providing the Council with a quarterly (or as needed), written financial statement of the Pueblo; and

(i) Because of the COVID-19 pandemic and the need to prioritize Pueblo member's health and safety, the Tribal Council has been delayed in working on several important pieces that may have affected the outcomes of Scopes of Work, programs, and budget adjustments. These projects included restructure of the Pueblo Organizational Chart, detailed Wage and Compensation Scale and Departmental Review and Follow up. The Tribal Council will continue to engage in these efforts for FY 2022-2023, and it should be understood that those outcomes may affect budgets based upon the results of those activities; and,

(j) As part of the close fiscal monitoring of revenues, it is imperative that the Pueblo properly identify, record, and maximize use of revenues generated from long term right-of-way agreements for Pueblo property, and

(k) The Governor's Office, in coordination with the Council's Budget, Finance, and Taxation Committee, developed the proposed budget attached to this Resolution ("FY 2022-2023 Annual Budget") and recommends approval of the attached FY 2022-2023 Annual Budget as summarized below; and

(l) The Council has reviewed the proposed FY 2022-2023 Annual Budget and the Budget, Finance, and Taxation Committee's recommendation to approve the Annual Budget.

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6.3.26.020

The Council hereby:

(a) Approves and enacts the attached FY 2022-2023 Annual Budget in the total amount of $25,415,930.00 effective July 1, 2022 to June 30, 2023; the total amount of the approved budget includes a 5.9% Cost of Living Adjustment (COLA) for eligible employees in the amount of $171,602.00; and

(b) Directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and

(c) Directs the Governor to provide the Council with a monthly report on the expenditure of budget funding; and

(d) Directs the Governor to keep the Council informed of the Tribe's financial position by providing the Council with a quarterly (or as needed), written financial statement of the Pueblo; and

(e) Directs that deferred (unearned) revenues from Right of Way agreements be placed in a designated investment account and be drawn down annually in distributions equal to the amortized amount for general fund purposes; and

(f) Directs that Council approval shall be required for the allocation or usage of any and all unanticipated revenue or additional new funds received during the budget year.

(g) 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.

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6.3.26.030 Short Title

This enactment shall be known as the "ANNUAL BUDGET AUTHORIZATION FOR FISCAL YEAR 2022-2023."

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6.3.26.040 Definitions

(a) "Agreement" means the Pueblo de San Ildefonso Governing Agreement.

(b) "Council" means the Pueblo de San Ildefonso Council.

(c) "Governor" means the Pueblo de San Ildefonso Governor.

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

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6.3.26.050 Purpose

The purpose of this Act is to approve the Annual Budget for the Fiscal Year 2022-2023 (July 1, 2022 to June 30, 2023).

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6.3.26.060 Findings

The Council hereby finds that:

(a) The government of the Pueblo operates on a limited budget.

(b) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and

(c) The Pueblo's FY 2022-2023 Annual Budget consists of three (3) fund types within the financial system: the General Fund that is the basic operating fund that accounts for everything not accounted for in another governmental fund; the Special Revenue Fund that is specific revenue fund sources that are limited to being used for a particular purpose; and the Capital Projects Fund for fund accounts for the construction, rehabilitation, and acquisition of capital assets, such as land, buildings, equipment, and roads.

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6.3.26.070 Authorizations

The Council hereby:

(a) Approves and enacts the attached FY 2022-2023 Annual Budget in the total amount of $25,415,930.00 effective July 1, 2022 to June 30, 2023; the total amount of the approved budget includes a 5.9% Cost of Living Adjustment (COLA) for eligible employees in the amount of $171,602.00; and

(b) Directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and

(c) Directs the Governor to provide the Council with a monthly report on the expenditure of budget funding; and

(d) Directs the Governor to keep the Council informed of the Tribe's financial position by providing the Council with a quarterly (or as needed), written financial statement of the Pueblo; and

(e) Directs that deferred (unearned) revenues from Right of Way agreements be placed in a designated investment account and be drawn down annually in distributions equal to the amortized amount for general fund purposes; and

(f) Directs that Council approval shall be required for the allocation or usage of any and all unanticipated revenue or additional new funds received during the budget year.

(g) 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.

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6.3.26.080 Sovereign Immunity

Nothing in this Act waives the sovereign immunity of the Pueblo or any of its representatives, officers, or employees.

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6.3.26.090 Severability

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

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Part 6.3.27 Authorization for Fiscal Year 2022-2023 Budget Modification No. 1

6.3.27.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and

(b) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement; and

(c) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and

(d) Section 5(a)(ii)(A) of the Agreement also allows budget modifications by the Council no more than twice a year; and

(e) the FY2022-2023 Annual Budget is as follows:

(f) It has been determined that certain modifications to the FY 2022-2023 Annual Budget are necessary; and

(g) The Council has reviewed the proposed Budget Modification No. 1 and has determined that it is in the best interest of the Pueblo to approve Budget Modification No. 1; and

(h) The Pueblo's FY 2022-2023 Annual Budget amount for general funds will increase by $1,638,900.00 as a result of Budget Modification No. 1; and

(i) The Pueblo's FY 2022-2023 Annual Budget after Budget Modification No. 1 is as follows:

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6.3.27.020

The Council hereby approves and authorizes the attached Budget Modification No. 1 to the FY 2022-2023 Annual Budget and that such modifications shall be effective immediately upon enactment.

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6.3.27.030

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 carry out the intent of this resolution.

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6.3.27.040 Authorization for Fiscal Year 2022-2023 Budget Modification No. 1

(a) The current FY 2022-2023 Annual Budget, prior to this enactment, is as follows:

(b) The Council hereby approves Budget Modification No. 1 to the FY 2022-2023 Annual Budget as follows and as documented on the attached budgets.

(c) The Pueblo's FY 2022-2023 Annual Budget amount for general funds will increase by $1,638,900.00 as a result of Budget Modification No. 1

(d) The Fiscal Year 2022-2023 Annual Budget total after Budget Modification No. 1 is as follows:

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Part 6.3.28 Annual Budget Authorization for Fiscal Year 2023-2024

6.3.28.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and,

(b) The voters of the Pueblo approved a Governing Agreement ("Agreement") for the Pueblo on November 19, 2011, and the Bureau of Indian Affairs approved the Agreement on December 21, 2011, pursuant to Federal law; and,

(c) The Council is authorized to make laws for the Pueblo pursuant to Section 5 of the Agreement; and,

(d) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and,

(e) The Pueblo's FY 2023-2024 Annual Budget consists of three (3) fund types within the financial system: the General Fund that is the basic operating fund that accounts for everything not accounted for in another governmental fund; the Special Revenue Fund that is specific revenue fund sources that are limited to being used for a particular purpose; and the Capital Projects Fund for fund accounts for the construction, rehabilitation, and acquisition of capital assets, such as land, buildings, equipment, and roads; and,

(f) For budget purposes, revenues are defined as increases in financial resources received during the year to meet financial obligations incurred during the year; and,

(g) As part of fiscal responsibility the Council directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and,

(h) The Governor shall keep the Council informed of the Tribe's financial position by providing the Council with a quarterly (or as needed), written financial statement of the Pueblo; and,

(i) As part of the close fiscal monitoring of revenues, it is imperative that the Pueblo properly identify, record, and maximize use of revenues generated from long term right-of-way agreements for Pueblo property, and,

(j) The Governor's Office, in coordination with the Council's Budget, Finance, and Taxation Committee, developed the proposed budget attached to this Resolution ("FY 2023-2024 Annual Budget") and recommends approval of the attached FY 2023-2024 Annual Budget as summarized below; and,

(k) The Council has reviewed the proposed FY 2023-2024 Annual Budget and the Budget, Finance, and Taxation Committee's recommendation to approve the Annual Budget.

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6.3.28.020

The Council hereby:

(a) Approves and enacts the attached FY 2023-2024 Annual Budget in the total amount of $11,823,418.00 effective July 1, 2023 to June 30, 2024.

(b) Directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and

(c) Directs the Governor to provide the Council with a quarterly report on the expenditure of budget funding; and

(d) Directs the Governor to keep the Council informed of the Tribe's financial position by providing the Council with a quarterly (or as needed), written financial statement of the Pueblo; and

(e) Directs that deferred (unearned) revenues from Right of Way agreements be placed in a designated investment account and be drawn down annually in distributions equal to the amortized amount for general fund purposes; and

(f) Directs that Council approval shall be required for the allocation or usage of any and all unanticipated revenue or additional new funds received during the budget year.

(g) 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.

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6.3.28.030 Short Title

This enactment shall be known as the "ANNUAL BUDGET AUTHORIZATION FOR FISCAL YEAR 2023-2024."

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6.3.28.040 Definitions

(a) "Agreement" means the Pueblo de San Ildefonso Governing Agreement.

(b) "Council" means the Pueblo de San Ildefonso Council.

(c) "Governor" means the Pueblo de San Ildefonso Governor.

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

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6.3.28.050 Purpose

The purpose of this Act is to approve the Annual Budget for the Fiscal Year 2023-2024 (July 1, 2023 to June 30, 2024).

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6.3.28.060 Findings

The Council hereby finds that:

(a) The government of the Pueblo operates on a limited budget.

(b) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and

(c) The Pueblo's FY 2023-2024 Annual Budget consists of three (3) fund types within the financial system: the General Fund that is the basic operating fund that accounts for everything not accounted for in another governmental fund; the Special Revenue Fund that is specific revenue fund sources that are limited to being used for a particular purpose; and the Capital Projects Fund for fund accounts for the construction, rehabilitation, and acquisition of capital assets, such as land, buildings, equipment, and roads.

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6.3.28.070 Authorizations

The Council hereby:

(a) Approves and enacts the attached FY 2023-2024 Annual Budget in the total amount of $11,823,418.00 effective July 1, 2023 to June 30, 2024.

(b) Directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and

(c) Directs the Governor to provide the Council with a quarterly report on the expenditure of budget funding; and

(d) Directs the Governor to keep the Council informed of the Tribe's financial position by providing the Council with a quarterly (or as needed), written financial statement of the Pueblo; and

(e) Directs that deferred (unearned) revenues from Right of Way agreements be placed in a designated investment account and be drawn down annually in distributions equal to the amortized amount for general fund purposes; and

(f) Directs that Council approval shall be required for the allocation or usage of any and all unanticipated revenue or additional new funds received during the budget year.

(g) 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.

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6.3.28.080 Sovereign Immunity

Nothing in this Act waives the sovereign immunity of the Pueblo or any of its representatives, officers, or employees.

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6.3.28.090 Severability

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

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Part 6.3.29 Authorization for Fiscal Year 2022-2023 Budget Modification No. 2

6.3.29.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and,

(b) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement; and

(c) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and,

(d) Section 5(a)(ii)(A) of the Agreement also allows budget modifications by the Council no more than twice a year; and,

(e) The FY2022-2023 Annual Budget is as follows:

(f) It has been determined that certain modifications to the FY 2022-2023 Annual Budget are necessary; and,

(g) The Council has reviewed the proposed Budget Modification No. 2 and has determined that it is in the best interest of the Pueblo to approve Budget Modification No. 2; and,

(h) The Pueblo's FY 2022-2023 Annual Budget amount for general funds will not increase nor decrease as a result of Budget Modification No. 2; and,

(i) The Pueblo's FY 2022-2023 Annual Budget after Budget Modification No. 2 is as follows:

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6.3.29.020

The Council hereby approves and authorizes the attached Budget Modification No. 2 to the FY 2022-2023 Annual Budget and that such modifications shall be effective immediately upon enactment.

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6.3.29.030

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 carry out the intent of this resolution.

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6.3.29.040 Authorization for Fiscal Year 2022-2023 Budget Modification No. 2

(a) The current FY 2022-2023 Annual Budget, prior to this enactment, is as follows:

(b) The Council hereby approves Budget Modification No. 2 to the FY 2022-2023 Annual Budget as follows and as documented on the attached budgets.

(c) The Pueblo's FY 2022-2023 Annual Budget amount for general funds will not increase nor decrease as a result of Budget Modification No. 2

(d) The Fiscal Year 2022-2023 Annual Budget total after Budget Modification No. 2 is as follows:

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Part 6.3.30 Act Approving the Installation of a Chromium Monitoring Well and Authorizing a Limited Access Agreement

6.3.30.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and,

(b) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement; and,

(c) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and,

(d) Section 5(a)(ii)(A) of the Agreement also allows budget modifications by the Council no more than twice a year; and,

(e) The FY2023-2024 Annual Budget is as follows:

(f) it has been determined that certain modifications to the FY 2023-2024 Annual Budget are necessary; and,

(g) The Council has reviewed the proposed Budget Modification No. 1 and has determined that it is in the best interest of the Pueblo to approve Budget Modification No. 1; and,

(h) The Pueblo's FY 2023-2024 Annual Budget amount for general funds will increase as a result of Budget Modification No. 1; and,

(i) The Pueblo's FY 2023-2024 Annual Budget after Budget Modification No. 1 is as follows:

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6.3.30.020

The Council hereby approves and authorizes the attached Budget Modification No. 1 to the FY 2023-2024 Annual Budget and that such modifications shall be effective immediately upon enactment.

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6.3.30.030

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 carry out the intent of this resolution.

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6.3.30.040 Authorization for Fiscal Year 2023-2024 Budget Modification No. 1

(a) The current FY 2023-2024 Annual Budget, prior to this enactment, is as follows:

(b) The Council hereby approves Budget Modification No. 1 to the FY 2023-2024 Annual Budget as follows and as documented on the attached budgets.

(c) The Pueblo's FY 2023-2024 Annual Budget amount for general funds will increase as a result of Budget Modification No. 1

(d) The Fiscal Year 2023-2024 Annual Budget total after Budget Modification No. 1 is as follows:

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Part 6.3.31 Annual Budget Authorization for Fiscal Year 2024-2025

6.3.31.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and,

(b) The voters of the Pueblo approved a Governing Agreement ("Agreement") for the Pueblo on November 19, 2011, and the Bureau of Indian Affairs approved the Agreement on December 21, 2011, pursuant to Federal law; and,

(c) The Council is authorized to make laws for the Pueblo pursuant to Section 5 of the Agreement; and,

(d) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and,

(e) The Pueblo's FY 2024-2025 Annual Budget consists of three (3) fund types within the financial system: the General Fund that is the basic operating fund that accounts for everything not accounted for in another governmental fund; the Special Revenue Fund that is specific revenue fund sources that are limited to being used for a particular purpose; and the Capital Projects Fund for fund accounts for the construction, rehabilitation, and acquisition of capital assets, such as land, buildings, equipment, and roads; and,

(f) For budget purposes, revenues are defined as increases in financial resources received during the year to meet financial obligations incurred during the year; and,

(g) As part of fiscal responsibility the Council directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and,

(h) The Governor shall keep the Council informed of the Tribe's financial position by providing the Council with a quarterly (or as needed), written financial statement of the Pueblo; and,

(i) As part of the close fiscal monitoring of revenues, it is imperative that the Pueblo properly identify, record, and maximize use of revenues generated from long term right-of-way agreements for Pueblo property, and,

(j) The Governor's Office, in coordination with the Council's Budget, Finance, and Taxation Committee, developed the proposed budget attached to this Resolution ("FY 2024-2025 Annual Budget") and recommends approval of the attached FY 2024-2025 Annual Budget as summarized below; and,

(k) The Council has reviewed the proposed FY 2024-2025 Annual Budget and the Budget, Finance, and Taxation Committee's recommendation to approve the Annual Budget.

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6.3.31.020

The Council hereby:

(a) Approves and enacts the attached FY 2024-2025 Annual Budget in the total amount of $16,793,273.00 effective July 1, 2024 to June 30, 2025; the total amount of the approved budget includes a 6.0% Cost of Living Adjustment (COLA) for eligible employees; and

(b) Directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and

(c) Directs the Governor to provide the Council with a quarterly report on the expenditure of budget funding; and

(d) Directs the Governor to keep the Council informed of the Tribe's financial position by providing the Council with a quarterly (or as needed), written financial statement of the Pueblo; and

(e) Directs that deferred (unearned) revenues from Right of Way agreements be placed in a designated investment account and be drawn down annually in distributions equal to the amortized amount for general fund purposes; and

(f) Directs that Council approval shall be required for the allocation or usage of any and all unanticipated revenue or additional new funds received during the budget year.

(g) 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.

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6.3.31.030 Short Title

This enactment shall be known as the "ANNUAL BUDGET AUTHORIZATION FOR FISCAL YEAR 2024-2025."

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6.3.31.040 Definitions

(a) "Agreement" means the Pueblo de San Ildefonso Governing Agreement.

(b) "Council" means the Pueblo de San Ildefonso Council.

(c) "Governor" means the Pueblo de San Ildefonso Governor.

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

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6.3.31.050 Purpose

The purpose of this Act is to approve the Annual Budget for the Fiscal Year 2024-2025 (July 1, 2024 to June 30, 2025).

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6.3.31.060 Findings

The Council hereby finds that:

(a) The government of the Pueblo operates on a limited budget.

(b) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and

(c) The Pueblo's FY 2024-2025 Annual Budget consists of three (3) fund types within the financial system: the General Fund that is the basic operating fund that accounts for everything not accounted for in another governmental fund; the Special Revenue Fund that is specific revenue fund sources that are limited to being used for a particular purpose; and the Capital Projects Fund for fund accounts for the construction, rehabilitation, and acquisition of capital assets, such as land, buildings, equipment, and roads.

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6.3.31.070 Authorizations

The Council hereby:

(a) Approves and enacts the attached FY 2024-2025 Annual Budget in the total amount of $16,793,273.00 effective July 1, 2024 to June 30, 2025 the total amount of the approved budget includes a 6.0% Cost of Living Adjustment (COLA) for eligible employees; and

(b) Directs that programs, when both federal or other funding as well as General Funds are budgeted, utilize and exhaust outside sources of funding first before utilizing Tribal funds (General Fund); and

(c) Directs the Governor to provide the Council with a quarterly report on the expenditure of budget funding; and

(d) Directs the Governor to keep the Council informed of the Tribe's financial position by providing the Council with a quarterly (or as needed), written financial statement of the Pueblo; and

(e) Directs that deferred (unearned) revenues from Right of Way agreements be placed in a designated investment account and be drawn down annually in distributions equal to the amortized amount for general fund purposes; and

(f) Directs that Council approval shall be required for the allocation or usage of any and all unanticipated revenue or additional new funds received during the budget year.

(g) 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.

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6.3.31.080 Sovereign Immunity

Nothing in this Act waives the sovereign immunity of the Pueblo or any of its representatives, officers, or employees.

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6.3.31.090 Severability

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

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Chapter 6.4 Fiscal Procedures

Part 6.4.1 Fiscal Procedures Act of 2012

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R12-019, dated June 18, 2012.

6.4.1.010 Findings

(a) The Council is authorized to make and pass laws following the written Council procedures pursuant to Section 5 of the Agreement;

(b) Section 5 of the Agreement establishes the process for enacting an annual budget for the Pueblo and sets forth fiscal audit and accountability requirements;

(c) The Pueblo is in need of updated and comprehensive fiscal procedures that cover the fiscal requirements of the Agreement and best practices for finance and accounting activities;

(d) The Council finds that establishing fiscal procedures that address the budget process and administrative finance and accounting practices is in the best interest of the Pueblo.

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6.4.1.020 Short Title

(a) This enactment shall be known as the Fiscal Procedures Act of 2012 ("Act").

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6.4.1.030 Definitions

(a) "Agreement" means the governance Agreement for the Pueblo on November 19, 2011, and approved by the Bureau of Indian Affairs on December 21, 2011 pursuant to Federal law. Also referred to as "Governance Agreement".

(b) "Budget" means the annual budget of the Pueblo de San Ildefonso.

(c) "Budget Modification" means the making of a change to the annual approved budget in accordance with the Agreement.

(d) "Finance and Accounting Policies and Procedures Manual" means the Finance and Accounting Policies and Procedures Manual for the Pueblo as approved by the Tribal Council and as may be amended from time to time.

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

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6.4.1.040 Purpose

(a) The purpose of the Act is to establish comprehensive finance and accounting policies and procedures to direct the budget and accounting practices of the Pueblo under the new governance Agreement.

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6.4.1.050 Findings

(a) The Council hereby finds and declares that:

(1) the tribal budget preparation process for the Pueblo has changed under the new Governance Agreement;

(2) the Pueblo's current Accounting Manual is in need of revision and does not reflect the budget and fiscal accountability requirements of the new Governance Agreement;

(3) updated and comprehensive fiscal procedures that cover the fiscal requirements of the Agreement and best practices for finance and accounting activities are in the best interest of the Pueblo.

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6.4.1.060 Budget Process

(a) There shall be an annual budget of all projected revenues from all sources and all proposed expenditures.

(b) The annual budget shall not include any item unless authorized by law by one of the following:

(1) the Agreement;

(c) Council law or resolution;

(d) Previously authorized contract between the Pueblo and the Federal or State government;

(e) By the terms of the previously authorized grant from which the funding must be spent.

(c) The Council shall authorize department or program activities for which funds can be spent. An authorization can be general and not specify each item within the budget, provided that such budget items support the authorized Department or program goals and activities. Council approval of a grant or contract authorizes the types of expenditures for which funds can be spent. An item can be included in the annual budget if there is such an authorization.

(f) The Annual Budget shall include an appropriation of funds for each branch of government as follows:

(1) Executive Branch. The Governor shall propose an Annual Budget to the Council by March 1^st of every year and in accordance with the requirements of the Agreement. The Council may appropriate funds for the operations of the Executive branch of government including the Governor and all Departments and Programs authorized by law. An authorization may be general and need not specify each item or expenditure; provided, that all expenditures support the authorized Department or program goals and activities. Council authorization of a grant or contract shall serve to authorize the types of permitted expenditures for such funds. An item or expenditures may be included in the Annual Budget or in a budget amendment if the purpose of the item and expenditure has been authorized by the Agreement or by law.

(2) Judicial Branch. The Chief Justice shall propose an operating budget for the judicial branch of government to the Council by March 1^st of every year. The Council may appropriate funds for the operations of the Judicial branch of government including the Courts, personnel, and expenses. An authorization may be general and need not specify each item or expenditure; provided, that all expenditures support the operations of the Judicial branch of government. Council authorization of a grant or contract shall serve to authorize the types of permitted expenditures for such funds.

(3) Legislative Branch. The Lieutenant Governor shall propose an operating budget for the Legislative branch of government to the Council by March 1^st of every year. The Council may appropriate funds for the operations of the Legislative branch of government including the Council, personnel, and expenses. An authorization may be general and need not specify each item or expenditure; provided, that all expenditures support the operations of the Legislative branch of government."

(g) No expenditure shall be made unless included in an approved budget.

(h) Each department or program shall prepare and present to the Governor a proposed annual department or program budget of all anticipated revenues and proposed expenditures, including any contribution required of the Pueblo in any grant proposal.

(i) The Governor shall prepare and present a comprehensive annual budget for the Pueblo to the Council. The Governor shall present his proposed annual budget to the Council with sufficient time for Council review and action.

(j) The Council shall hold public hearings on all proposed annual budgets. Regular or special Council meetings, where the proposed budget or budget modification item is properly noticed and included on an agenda, can constitute a public hearing for this purpose but this does not prevent the Council from holding specific public hearings on the budget.

(k) The Council shall pass or approve an annual budget in an open and noticed meeting of the Council. The Council's budget approval and the budget are presented to the Governor for approval or veto in accordance with the Governance Agreement procedures. If the Governor approves and signs the budget approval, the budget is considered approved.

(l) If the Governor vetos the budget submitted by the Council, the Council may then vote to override the Governor's veto requiring seven Council votes in support of the override. If the Council overrides the Governor's veto, the budget as presented by the Council is approved. If the Council does not override the Governor's veto, the Governor's proposed budget is considered approved.

(m) If the Council does not pass and approve an annual budget by the beginning of the fiscal year, then the annual budget proposed by the Governor shall be considered approved.

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6.4.1.070 Budget Modifications

(a) Budget modifications must be approved by the Council and are only allowed twice during a fiscal year.

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6.4.1.080 Fund Transfers

(a) In order to handle unexpected short-falls and expenses, the Governor is hereby authorized to make fund transfers:

(1) within a Department or program;

(2) between two Departments or programs[;]

(3) from any available and unrestricted funds into the Contingency Fund; provided that any transfers of funds into the Contingency Fund shall be used exclusively to address unforeseen circumstances that cause or threaten to cause the Pueblo to be in default of a grant, contract or other obligation to the U.S. Government; provided, that this authorization shall expire at the end of the Fiscal Year 2016-2017.

(b) Such fund transfers must be approved by the Governor and may be up to a maximum of ten percent (10%) of the annual approved budget amount for the Department or program from which the funds are transferred, provided that such transfers do not violate any funding limitations imposed as a condition of receiving grant funds or other restricted funds.

(c) Contingency fund transfers as described in Section 1.8 are not subject to the limit described in (b) above.

(d) Such fund transfers are not considered budget modifications.

(e) In accordance with the status of the Courts in the Agreement as a coordinate branch of government, the Council hereby recognizes the inherent power of the Courts and Judicial branch officials to exercise the powers vested in them by the Agreement, including managerial, administrative, and personnel authority necessary to effectively fulfill their Judicial duties and responsibilities. In administering appropriated funds for the Judicial branch, the Chief Justice shall have the authority to reassign and/or transfer funds appropriated for the Judicial branch for expenditure on any other function or purpose necessary for the Courts to properly operate in accordance with the Agreement and the laws of the Pueblo.

(f) In accordance with the status of the Council in the Agreement as a coordinate branch of government, the Council hereby recognizes the inherent power of the Council and Legislative branch officials to exercise the powers vested in them by the Agreement, including managerial, administrative, and personnel authority necessary to effectively fulfill their Legislative duties and responsibilities. In administering appropriated funds for the Legislative branch, the Lieutenant Governor shall have the authority to reassign and/or transfer funds appropriated for the Legislative branch for expenditure on any other function or purpose necessary for the Council to properly operate in accordance with a Legislative Order approved by the Council.

(g) The role of the Governor and Finance Department in administering and processing expenditure requests from the Judicial and Legislative branches of government shall be to determine if the Courts or Council, as the case may be, have funds available from an appropriation in an approved budget, and if such funds are available, then the Governor shall ensure that such requests are completed in a timely manner, which shall be deemed to fulfill his fiduciary obligation as prescribed in the Agreement.

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6.4.1.090 Contingency Funds

(a) The Governor is authorized to include within his budget a contingency fund which may be used to address:

(1) emergencies or unforeseen situations that require quick and immediate response to protect the safety, health and well being of Pueblo members and property.

(2) unforeseen Department or program issues.

(b) The contingency budget categories shall be:

(1) Natural disasters and public emergencies

(2) Departmental/Programmatic issues

(c) To the extent feasible and if funds are or become available, the Department or program shall reimburse the Governor's contingency fund.

(d) Contingency fund transfers to other Departments or programs are not limited to the maximum fund transfer limit described in Section 1.7(b).

(e) The Governor shall inform the Council at the earliest practicable time when he has expended such contingency funds.

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6.4.1.100 Finance and Accounting Policies and Procedures

(a) The Pueblo shall have current and comprehensive finance and accounting policies and procedures that are consistent with the Governance Agreement and this Act.

(b) The Governor is authorized and directed to develop and implement such finance and accounting policies and procedures necessary for the Pueblo's finance and accounting activities. Governor shall develop and present to the Council for approval the finance and accounting policies and procedures within thirty days of enactment of this Act.

(c) Such finance and accounting policies and procedures may be amended by the Governor from time to time as needed, provided that any amendments are approved by the Council and are available for public inspection.

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6.4.1.110 Repeal of Accounting Manual(s)

(a) The Fiscal Policies Act of 2012 supersedes and repeals any prior Accounting Policy and Procedures Manuals or stand-alone policies or procedures.

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6.4.1.120 Amendment

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

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6.4.1.130 Severability

(a) 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.

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Part 6.4.2 Budget Modification Process (amendment to the Fiscal Procedures Act of 2012)

6.4.2.010 Findings

(a) The Council is authorized to make laws for the Pueblo pursuant to Section 5 of the Agreement;

(b) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget which includes all projected revenues and expenditures;

(c) Section 5(a)(ii)(C) requires that "no expenditure shall be made unless included in an approved budget";

(d) Section 5(a)(ii)(A) requires that "Budget modifications by the Council shall be permitted no more than twice a year";

(e) Section 5(a)(ii)(A) also states "provided, that budget modifications by the Council to obtain new grants, appropriate matching funds for new grants, or to expend new grant funds may be done at any time";

(f) The budget modification process for newly acquired grants, new matching funds, and or new funds needs to be refined to ensure all budget modifications are properly tracked and implemented according to Section 5(a)(ii)(A) of the Agreement.

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6.4.2.020 Short Title

(a) This enactment shall be known as the Budget Modification Process Act.

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6.4.2.030 Purpose

(a) The purpose of this Act is to clarify the budget modification process permitted under the Governing Agreement ("Agreement") to distinguish between the two types of budget modifications which shall be called an Approved Funding Modification or a New Funding Modification.

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6.4.2.040 Findings

(a) The Council finds that:

(1) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget which includes all projected revenues and expenditures; and,

(2) Section 5(a)(ii)(C) of the Agreement requires that "no expenditure shall be made unless included in an approved budget"; and,

(3) Section 5(a)(ii)(A) of the Agreement requires that "Budget modifications by the Council shall be permitted no more than twice a year"; and,

(4) Section 5(a)(ii)(A) of the Agreement also states "provided, that budget modifications by the Council to obtain new grants, appropriate matching funds for new grants, or to expend new grant funds may be done at any time"; and,

(5) The budget modification process for newly acquired grants, new matching funds, and or new funds needs to be refined to ensure all budget modifications are properly tracked and implemented according to Section 5(a)(ii)(A) of the Agreement; and,

(6) One component of the budget modification process will be to categorize all projected revenues included in the Pueblo's annual budget are considered as "approved" funding and that the annual budget can only be modified twice a year per the Agreement; and,

(7) A second component of the budget modification process will be to categorize all newly acquired grants, appropriation of matching funds for new grants, and/or new funds that are considered "new" funding; and,

(8) The annual budget may be modified at any time to include "new" funding, and that such a modification will not count toward the two budget modifications authorized per the Agreement; and,

(9) The "Approved Funding Modification" designation for the two modifications allowed for all approved budgets and expenditures under the Annual Budget will be identified as "AFM-1 or "AFM-2"; and,

(10) The "New Funding Modification" designation for all new grants, new matching funds, and/or new funds acquired by the Pueblo will be identified as "NF-1", "NF-2", and so on; and,

(11) No expenditure will be made unless included in an approved budget and/or modified budget as approved by the Council.

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6.4.2.050 Establishment of Budget Modification Process

(a) The Council establishes a budget modification process and categorization for all funds, approved funds, newly acquired grants, new matching funds, and/or new funds, to systematically track the different types of budget modifications;

(b) The Council establishes the "Approved Funding Modification" designation for the two modifications allowed annually for all approved budgets and expenditures under the Annual Budget process. The budget modification will be identified as either "AFM-1" or "AFM-2";

(c) The Council establishes the "New Funding Modification" designation for all new grants, new matching funds, and or new funds acquired by the Pueblo. The budget modification for the new funding will be identified as "NF-1", "NF-2", and so on;

(d) No expenditure shall be made unless included in an approved budget and or modified budget as approved by the Tribal Council.

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Part 6.4.3 Authorization for Fiscal Year 2015-2016 Budget Modification No. 1

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R16-003, dated April 1, 2016.

6.4.3.010 Findings

(a) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement; and

(b) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures; and

(c) Section 5(a)(ii)(A) of the Agreement also allows budget modifications by the Council no more than twice a year; and

(d) The Council approved the FY2015-2016 Annual Budget on June 22, 2015 and has not been presented with or authorized any modifications to the budget to date; and

(e) It has been determined that certain modifications to the FY 2015-16 Annual Budget are necessary; and

(f) The proposed budget modifications attached to this Resolution ("Budget Modification No. 1") were submitted to the Council Budget, Finance, and Taxation Committee which has reviewed the modifications and recommended approval of the attached modifications; and

(g) The Council has reviewed the proposed Budget Modification No. 1 and the Budget, Finance, and Taxation Committee's recommendation that it is in the best interest of the Pueblo to approve Budget Modification No. 1.

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6.4.3.020

The Council hereby approves and authorizes the attached Budget Modification No. 1 to the FY 2015-16 Annual Budget and that such modifications shall be effective immediately upon enactment.

[NEED ATTACHMENT]

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Part 6.4.4 Authorization for Fiscal Year 2015-2016 Budget Modification No. 2

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R16-010, dated June 3, 2016.

6.4.4.010 Findings

(a) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement;

(b) Section 5(a)(ii)(A) of the Agreement requires the Pueblo to enact an Annual Budget that includes all projected revenues and expenditures;

(c) Section 5(a)(ii)(A) of the Agreement also allows budget modifications by the Council no more than twice a year; and

(d) The Council approved the FY2015-2016 Annual Budget on June 22, 2015 and has authorized one modification to the budget to date (Budget Modification No. 1);

(e) It has been determined that certain modifications to the FY 2015-16 Annual Budget are necessary;

(f) Governor James Mountain has confirmed to the Council that, during the 2015-16 fiscal year, he approved an expenditure on the Chromium project ("Project") of approximately $174,000 in excess of the amounts appropriated by the Council in the Budget for the Project;

(g) Governor Mountain has offered explanations for the Project over-expenditure, however, the Council remains deeply concerned that any over-expenditure of the Pueblo's funds creates potential audit findings and raises serious issues about the efficacy of other expenditures approved by the Governor and whether budget limitations have been maintained;

(h) While the Council remains strongly opposed to any expenditure of the Pueblo's funds in excess of appropriated amounts, the Council has found no evidence of any misapplication of the funds in question, and the Council has determined that the use of the funds in question on Project activities is in the best interests of the Pueblo;

(i) The proposed budget modifications attached to this Resolution ("Budget Modification No. 2"), including the modification to retroactively approve the Project over-expenditure approved by the Governor, have been reviewed by the Council Budget, Finance, and Taxation Committee, which has recommended approval of the attached modifications;

(j) The Council has reviewed the proposed Budget Modification No. 2 and the Budget, Finance, and Taxation Committee's recommendation to approve Budget Modification No. 2.

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6.4.4.020

The Council hereby approves and authorizes the attached Budget Modification No. 2 to the FY 2015-16 Annual Budget and that such modifications shall be effective immediately upon enactment.

(a) GF – Tribal Council (10-xxxx-100-184-16): Increase budget by $8,245.50.

(b) GF – Governor's Office (10-xxxx-100-185-16): Move funds greater than 10%; no increase or decrease to budget.

(c) GF – Economic Development (10-xxxx-100-120-16): Decrease budget by $182,651.47.

(d) GF - Chromium (10-xxxx-100-129-16): Increase budget by $174,405.97.

(e) BIA – Water Implementation (20-xxxx-200-275-16): Move funds greater than 10%; no increase or decrease to budget.

(f) BOR Aamodt Settlement (2) Clean Up/Addt'l Funds (20-xxxx-350-358-18): Increase budget by $30,000.00 due to funding agency increase.

(g) BIA – CTGP Realty (20-xxxx-200-206-17): Increase budget by $54,010.00 due to funding agency increase.

(h) BIA – CTGP Parks &Wildlife (20-xxxx-200-209-17): Increase budget by $45,703.00 due to funding agency increase.

(i) BIA – CTGP – Aid to Tribal Government (ATTG) (20-xxxx-200-201-17): Increase budget by $36,067.00 due to funding agency increase.

(j) BIA – CTGP Tribal Courts (20-xxxx-200-203-17): Increase budget by $37,252.00 due to funding agency increase.

(k) BIA – Indian Child Welfare Act (ICWA) (20-xxxx-200-221-17): Increase budget by $11,857.00 due to funding agency increase.

Modification Approval Sheets (packets) for each program are attached.

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Chapter 6.5 Grant and Contracts

Part 6.5.1 Act Authorizing the Governor to Enter into PL. 93-638 Contracts with the Bureau of Reclamation and Bureau of Indian Affairs to Fund the Aamodt Water Settlement Implementation Activities

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R12-041, dated September 15, 2012.

6.5.1.010 Findings

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

(b) In 2006, after thirty-five years of litigation, and five years of negotiations, the Pueblo, the other three Pueblos, and other parties involved in the Aamodt case executed the Settlement Agreement (Jan. 19, 2006) to settle this water rights adjudication;

(c) In 2010, the United States enacted the Aamodt Litigation Settlement Act, as part of the Claims Resolution Act of 2010, Pub. L. No. 11-291, 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");

(d) The Settlement Act approved the Settlement Agreement with certain changes, required the Pueblos to execute revised waivers and releases regarding their water rights defenses in the Pojoaque River Basin and any claims for more water rights in the Basin beyond what the Settlement Agreement provides ("Waivers"), and approved the Cost Sharing and System Integration Agreement ("CSSIA") previously prepared by the settlement parties;

(e) The parties have now revised the Settlement Agreement (April 19, 2012) ("Revised Agreement") to reflect the terms of the Settlement Act, prepared Waivers consistent with the Act and completed the CSSIA as required by the Act;

(f) The Revised Agreement, the Waivers and the CSSIA are consistent with the terms of the Act and provide for the present and future water needs of the Pueblo;

(g) The completion and approval of the Revised Agreement, Waivers and the CSSIA are important milestones in completing the water adjudication involving the four Pueblos;

(h) The Council recognizes that significant additional work will be needed for years ahead to complete the process described in the Settlement Act and the Revised Agreement;

(i) The Bureau of Reclamation, at the Pueblo's request, approved a $30,000 award to help the Pueblo with implementing the Aamodt water settlement agreement, especially in carrying through its responsibilities under the federal National Environmental Protection Act;

(j) The Bureau of Indian Affairs, at the Pueblo's request, said that it has approved an award to the Pueblo, but has not specified the amount to assist the Pueblo in carrying out the implementation of the Aamodt water settlement agreement activities.

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6.5.1.020

The Pueblo de San Ildefonso Council authorizes and directs the Governor to sign on behalf of the Pueblo any 638 contract documents needed to fund the Aamodt settlement implementation activities, and to budget those funds for the Pueblo's Aamodt settlement implementation activities.

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Part 6.5.2 Authorizing Support For the Pueblo de San Ildefonso Tewa Language Revitalization and Preservation Project

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R13-022, dated June 5, 2013.

6.5.2.010 Findings

(a) Since time immemorial the Pueblo de San Ildefonso has spoken the Tewa language;

(b) It is of utmost concern to our Pueblo members that the Tewa language is not being reinforced as a primary language in our community; and it has always been the language through which the history, culture and governance have been passed on at the Pueblo de San Ildefonso;

(c) In order for the Tewa language to survive as a primary language, Tewa language instruction must be implemented within all the learning environments of the Pueblo including the homes of the Pueblo de San Ildefonso.

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6.5.2.020

Be it resolved that:

(a) The Tewa Language Revitalization and Preservation application be submitted and if funding is awarded, project activities be implemented to accomplish the goals and objectives during the thirty-six month project period;

(b) The Tewa Language Committee be authorizes, in conjunction with the Pueblo Department of Education, and community to develop and present draft Resolutions on language issues to the Tribal Council for consideration and draft a Master Plan for language preservation into 2023.

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Part 6.5.3 Authorizing Tribal Management Grant Application

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R13-024, dated June 17, 2013.

6.5.3.010 Findings

(a) The Santa Fe Service Unit Tribes are eligible under law to apply for federal grants and to contract services from the Indian Health Service for the benefit of our Tribal members under its authority for Public Law 93-638, the Indian Self-Determination Act;

(b) The Santa Fe Service Unit Tribes intend to have a wide range of community health services available to tribal members under the direction of the Santa Fe Service Unit Health Board.

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6.5.3.020

The Pueblo de San Ildefonso Council hereby authorizes the Pueblo de Cochiti to apply for the Tribal Management Grant on behalf of the Santa Fe Service Unit Health Board for the purpose of conducting a feasibility study.

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Part 6.5.4 Authorizing Submittal of the FY 2013-2016 Johnson O'Malley Contract Application

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R13-029, dated July 29, 2013.

6.5.4.010 Findings

(a) The Pueblo, by and through the United States Public Law 93-638, has contracted and administered key functions for assistance to the tribe through the Bureau of Indian Affairs and through the Bureau of Indian Education that include the Johnson O'Malley (JOM) program;

(b) The Johnson O'Malley Act program funding provides programs to meet the special education needs of the Pueblo's eligible children, funding to administer the program and costs related to the Indian Education Committee;

(c) The Pueblo currently operates and administers the JOM program under the Pueblo's Education Department in compliance with all components of the application for contract;

(d) The Pueblo wishes to continue contracting JOM funding for the 3-year period, FY 2013-2016 to assist in meeting the needs of our children.

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6.5.4.020

The Pueblo de San Ildefonso Council hereby approves submittal of the Application for Contract for the Johnson O'Malley program for a three-year term, 2013-2016.

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6.5.4.030

The Pueblo wishes to enter into a P.L. 93-638 Contract for these funds.

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Part 6.5.5 Authorization for 2014-2016 Early Childhood Program (BIE – Part B and C)

6.5.5.010 Findings

(a) The Pueblo, by and through the United States Public Law 93-638, has contracted and administered key functions for assistance to the tribe through the Bureau of Indian Affairs and through the Bureau of Indian Education that include the Early Childhood Program;

(b) The Pueblo has been informed that funding is available through the Bureau of Indian Education (BIE) to allow the Early Childhood Program to operate for 2014-2016;

(c) The Pueblo wishes to continue contracting Early Childhood funding for 2014-2016 to assist in meeting the needs of our children.

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6.5.5.020

The Pueblo de San Ildefonso Council hereby approves and authorizes the Governor to submit an application package to the Bureau of Indian Education to request 2014-2016 funds for the Early Childhood Program (Part B and C).

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Part 6.5.6 Support and Approval for Submission of Title VI Federal Application for Continued Funding for the ENIPC, Inc. Senior Citizens Program

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R13-047, dated December 2, 2013.

6.5.6.010 Findings

(a) Eight Northern Indian Pueblos Council, Inc. ("ENIPC") was established to provide community-based services in the areas of education, employment and training, behavioral health, domestic violence counseling, senior services, environmental support services, child care provision, commodity distribution, women and infant services, and administrative support services;

(b) The ENIPC, Inc. Senior Citizens Program currently provides nutritional meals to our homebound and congregate elders five days a week, and also provides respite caser, transportation, case management, health and wellness promotions, etc. on behalf of four of the Eight Northern Pueblos; Picuris, Pojoaque, Nambe and San Ildefonso Pueblos;

(c) The 1978 Amendments to the Older Americans Act created Title VI, Grants for Indian Tribal Organizations, to promote the delivery of supportive and nutritional services for Indian elders that are comparable to the services provided under Title III of the Older Americans Act;

(d) The Federal Application under Title VI is for continued Federal Funding with estimated funding of $391,911.13 to be received for FY April 1, 2014-March 31, 2017;

(e) The ENIPC, Inc. Senior Citizens Program will apply for services required by the Older Americans Act Title VI to include: Nutrition, Information and Assistance, Other Support Services, Counseling/Support Groups/Training, Respite Care and Supplemental Services.

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6.5.6.020

The Pueblo de San Ildefonso Council recognizes that the ENIPC, Inc. Senior Citizens Program requests support and approval for submission of the Title VI Federal Application for the continuation of funding and services delivered to the Pueblos of Picuris, Pojoaque, Nambe and San Ildefonso.

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6.5.6.030

The Pueblo de San Ildefonso supports and approves the submission of the Title VI Federal Application for continued funding for the ENICP, Inc. Senior Citizen Program.

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Part 6.5.7 Act Authorizing the Governor to Enter Into a P.L. 93-638 Contract with the Bureau of Reclamation to Fund the Aamodt Water Settlement Implementation Activities

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R15-007, dated March 13, 2015.

6.5.7.010 Findings

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

(b) In 2006, after thirty-five years of litigation, and five years of negotiations, the Pueblo, the other three Pueblos, and other parties involved in the Aamodt case executed the Settlement Agreement (Jan. 19, 2006) to settle this water rights adjudication;

(c) In 2010, the United States enacted the Aamodt Litigation Settlement Act, as part of the Claims Resolution Act of 2010, Pub. L. No. 11-291, 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");

(d) The Settlement Act approved the Settlement Agreement with certain changes, required the Pueblos to execute revised waivers and releases regarding their water rights defenses in the Pojoaque River Basin and any claims for more water rights in the Basin beyond what the Settlement Agreement provides ("Waivers"), and approved the Cost Sharing and System Integration Agreement ("CSSIA") previously prepared by the settlement parties;

(e) The parties have now revised the Settlement Agreement (April 19, 2012) ("Revised Agreement") to reflect the terms of the Settlement Act, prepared Waivers consistent with the Act and completed the CSSIA as required by the Act;

(f) The Revised Agreement, the Waivers and the CSSIA are consistent with the terms of the Act and provide for the present and future water needs of the Pueblo;

(g) The completion and approval of the Revised Agreement, Waivers and the CSSIA are important milestones in completing the water adjudication involving the four Pueblos;

(h) The Council recognizes that significant additional work will be needed for years ahead to complete the process described in the Settlement Act and the Revised Agreement;

(i) The Bureau of Reclamation, at the Pueblo's request, approved a $30,000 award to help the Pueblo with implementing the Aamodt water settlement agreement, especially in carrying through its responsibilities under the federal National Environmental Protection Act;

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6.5.7.020

The Pueblo de San Ildefonso Council authorizes and directs the Governor to sign on behalf of the Pueblo any 638 contract documents needed to fund the Aamodt settlement implementation activities, and to budget those funds for the Pueblo's Aamodt settlement implementation activities.

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Part 6.5.8 Act Authorizing a Contract with the Bureau of Reclamation For Funding Under the New Mexico Rio Grande Pueblos Irrigation Infrastructure Project

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R15-016, dated June 22, 2015.

6.5.8.010 Findings

(a) The agriculture lands at Pueblo de San Ildefonso are serviced by tribal ditches, diversion structures, and other irrigation infrastructure;

(b) The Pueblo has consented to participate in Bureau of Reclamation's New Mexico Rio Grande Pueblos Irrigation Infrastructure Project (Public Law 111-11 Section 9106);

(c) The Bureau of Reclamation has made funding available for the study required by Public Law 111-11 Section 9106, and may continue to make additional funds available in the future for this study and other purposes;

(d) The Pueblo seeks to obtain funding from the Bureau of Reclamation for any and all studies.

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6.5.8.020

The Pueblo de San Ildefonso Tribal Council authorizes and directs the Governor to enter into and execute a contract with the Bureau of Reclamation pursuant to Public Law 93-638, as amended, in order to work cooperatively with the Bureau of Reclamation on irrigation infrastructure and other water resource improvement project studies at the Pueblo and to obtain any available funding for his work from the Bureau of Reclamation through the Public Law 93-638 (as amended) contract.

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Part 6.5.9 Authorizing Submittal of FY 2016-2019 Johnson O'Malley Contract Application

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R15-017, dated June 22, 2015.

6.5.9.010 Findings

(a) The Pueblo, by and through the United States Public Law 93-638, has contracted and administered key functions for assistance to the tribe through the Bureau of Indian Affairs and through the Bureau of Indian Education that include the Johnson O'Malley (JOM) program;

(b) The Johnson O'Malley Act program funding provides programs to meet the special education needs of the Pueblo's eligible children, funding to administer the program and costs related to the Indian Education Committee;

(c) The Pueblo currently operates and administers the JOM program under the Pueblo's Education Department in compliance with all components of the application for contract;

(d) The Pueblo wishes to continue contracting JOM funding for the 3-year period, FY 2016-2019 to assist in meeting the needs of our children.

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6.5.9.020

The Pueblo de San Ildefonso Council hereby approves submittal of the Application for Contract for the Johnson O'Malley program for a three-year term, 2016-2019.

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6.5.9.030

The Pueblo wishes to enter into a P.L. 93-638 Contract for these funds.

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Part 6.5.10 Grant Application and Authorization Act of 2015

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R15-021, dated August 11, 2015.

6.5.10.010 Findings

(a) The Pueblo receives significant funds through grants from governmental and private sources to operate the Pueblo's government and programs for the benefit of the People;

(b) The Council supports and encourages the Governor and Executive Branch Departments to apply for and obtain available grant funds for the benefit of the Pueblo;

(c) The Council finds it in the best interests of the Pueblo to provide the Governor and Executive Branch with an efficient and streamlined process to authorize the Pueblo to apply for and receive grant funds.

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6.5.10.020 Short Title

(a) This enactment shall be known as the "Grant Application and Authorization Act of 2015" or "Act".

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6.5.10.030 Definitions

(a) "Agreement" means the Pueblo de San Ildefonso governing Agreement.

(b) "Council" means the Pueblo de San Ildefonso Council.

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

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6.5.10.040 Purpose

(a) The purpose of this Act is to provide the Governor and Executive Branch Departments with standing authority for one year to apply for and obtain grant funds for the Pueblo without the need to seek legal authorization from the Council for each grant application on a case-by-case basis.

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6.5.10.050 Findings

(a) The Council hereby finds and declares that:

(1) the Pueblo receives significant funds through grants from governmental and private sources to operate the Pueblo's government and programs for the benefit of the People; and,

(2) the Council supports and encourages the Governor and Executive Branch Departments to apply for and obtain available grant funds for the benefit of the Pueblo; and,

(3) Section 5(a)(ii)(A) of the Governing Agreement permits the Council to make budget modifications without limitation at any time to obtain and expend new grant funds or to appropriate matching funds for new grants, which demonstrates the Pueblo's support for a streamlined and efficient grant application and expenditure process; and,

(4) the Council finds it in the best interests of the Pueblo to provide the Governor and Executive Branch with an efficient and streamlined process to authorize the Pueblo to apply for, receive, and expend grant funds.

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6.5.10.060 Grant Authorization

(a) The Governor and Executive Branch Departments are hereby authorized to apply for and receive grant funds from any governmental or private source for the benefit of the Pueblo for FY 2015-2016; provided, that any matching funds that may be required to obtain a grant shall be separately appropriated in a budget or budget modification prior to the acceptance of such grant, and; provided further, that no grant shall be accepted unless such grant includes funds for the Pueblo's indirect costs or the Council has specifically authorized the acceptance of the grant without indirect costs.

(b) The Governor is hereby authorized to prepare the necessary documents to apply for and obtain grant funds in a form and manner acceptable to the funding source, including the authorization to prepare and certify a Council Resolution that may be required by the funding source and such Resolution shall include the date and vote tallies of this Act and such Resolution shall not be required to be presented to the Council for another approval.

(c) The Governor shall provide written notice to the Council of all grants applied for and/or obtained by the Pueblo on a quarterly basis.

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Part 6.5.11 Grant Application and Authorization Act of 2016

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R16-019, dated September 8, 2016.

6.5.11.010 Findings

(a) The Pueblo receives significant funds through grants from governmental and private sources to operate the Pueblo's government and programs for the benefit of the People;

(b) The Council supports and encourages the Governor and Executive Branch Departments to apply for and obtain available grant funds for the benefit of the Pueblo;

(c) The Council finds it is in the best interests of the Pueblo to provide the Governor and Executive Branch with an efficient and streamlined process to authorize the Pueblo to apply for and receive grants.

(d) The Council hereby enacts the attached law entitled, "Grant Application and Authorization Act of 2016."

(e) 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.

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6.5.11.020 Short Title

This enactment shall be known as the "Grant Application and Authorization Act of 2016" ("Act").

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6.5.11.030 Definitions

(a) "Agreement" means the Pueblo de San Ildefonso Governing Agreement.

(b) "Council" means the Pueblo de San Ildefonso Council.

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

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6.5.11.040 Purpose

The purpose of this Act is to provide the Governor and Executive Branch Departments with standing authority for two years to apply for and obtain grant funds for the Pueblo without the need to seek legal authorization from the Council for each grant application on a case-by-case basis.

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6.5.11.050 Findings

The Council hereby finds that:

(a) The Pueblo receives significant funds through grants from governmental and private sources to operate the Pueblo's government and programs for the benefit of the People;

(b) The Council supports and encourages the Governor and Executive Branch Departments to apply for and obtain available grant funds for the benefit of the Pueblo;

(c) Section 5(a)(ii)(A) of the Governing Agreement permits the Council to make budget modifications without limitation at any time to obtain and expend new grants funds or to appropriate matching funds for new grants, which demonstrates the Pueblo's support for a streamlined and efficient application and expenditure process; and

(d) The Council finds it in the best interest of the Pueblo to provide the Governor and Executive Branch with an efficient and streamlined process to authorize the Pueblo to apply for, receive, and expend grant funds.

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6.5.11.060 Grant Authorization

(a) The Governor and Executive Branch Departments are hereby authorized to apply for and receive grant funds from any governmental or private source for the benefit of the Pueblo for the Fiscal Years 2016-2017 and 2017-2018; provided that any matching funds that may be required to obtain a grant shall be separately appropriated in a budget or budget modification prior to the acceptance of such grant, and provided further, that no grant shall be accepted unless such grant includes funds for the Pueblo's indirect costs or the Council has specifically authorized the acceptance of the grant without indirect costs;

(b) The Governor is hereby authorized to prepare the necessary documents to apply for and obtain grant funds in a form and manner acceptable to the funding source, including the authorization to prepare and certify a Council Resolution that may be required by the funding source and such Resolution shall include the date and vote tallies of this Act and such Resolution shall not be required to be presented to Council for another approval;

(c) The Governor shall provide written notice to the Council of all grants applied for and/or obtained by the Pueblo on a quarterly basis.

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Part 6.5.12 Submittal For 23 Usc 202(C) Tribal Transportation Planning (66k) And The Tribal Transportation Program (TTP) (6k1) Funding

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R16-014, dated July 7, 2016.

6.5.12.010 Findings

(a) Under the authority granted by Chapter 2 of Title 23, United States Code, as amended by the Fixing America's Surface Transportation (FAST) Act, Pub. L. 114-94, and in accordance with the requirements of Public Law (Pub. L.) 93-638, as amended; 25 CFR Part 170 (TTP Regulations); the Southwest Regional Office, Department of Transportation (SWRO-DOT) hereby offers the Tribe the first right-of-refusal to contract available funds;

(b) To enter into contracts for the Tribal Transportation Planning (66K) or Tribal Transportation Program (TTP)(6K1) funds, the Tribe is required to submit to the SWRO-DOT the following documents:

• TTP Transportation Improvement Plan (TIP)/Control Schedule
• Statement of Work for Planning, Design, Construction, and/or Road Maintenance Supplemental
• Budget
• Tribal Resolution to Enter into a Pub. L. 93-638 Contract

(c) The SWRO-DOT encourages the Tribe to submit the TTP-TIP/Control Schedule for review and approval; and

(d) The Pueblo has prepared a TTP-TIP/Control Schedule for the following projects:

IRR Projects:

• Transportation Planning
• Road Maintenance Supplemental
• NP 421 Hay Gan Po
• NP401 Povi Kaa Drive

23 U.S.C. 202(c): Planning

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6.5.12.020

The Pueblo de San Ildefonso Council hereby approves the FY2016 Control Schedule, Proposed Statement of Work and Budgets

[ATTACHED];

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6.5.12.030

The Pueblo requests to enter into a new Pub. L. 93-638

contract with the funds;

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6.5.12.040

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.

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Part 6.5.13 Submittal for 23 USC 202 Tribal Transportation Planning (66K) and the Tribal Transportation Program (TTP)(6K1) Funding

6.5.13.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America.

(b) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement, the governing document of the Pueblo.

(c) Under the authority granted by Chapter 2 of Title 23, United States Code, as amended by the Fixing America's Surface Transportation (FAST) Act, Pub. L. 114-94, and in accordance with the requirements of Public Law (Pub. L.) 93-638, as amended; 25 CFR Part 170 (TTP Regulations); the Southwest Regional Office, Department of Transportation (SWRO-DOT) hereby offers the Tribe the first right-of-refusal to contract available funds.

(d) To contract the Tribal Transportation Planning (66K) and the Tribal Transportation Program (TTP)(6K1) funds, the Tribe is required to submit to the SWRO-DOT the following documents:

(1) TTP Tribal Transportation Improvement Plan (TTIP/Control Schedule)

(2) Proposed Statement of Work for Planning, Design, Construction and/or Road Maintenance Supplemental

(3) Budget

(4) Tribal Resolution to Enter into a Pub. L. 93-638 contract

(e) The SWRO-DOT encourages the Tribe to submit the TTP-TTIP/Control Schedule for review and approval.

(f) The Pueblo has prepared a TTP-TTIP/Control Schedule for the following projects:

(1) TTP Projects:

(A) Planning

(B) Road Maintenance Supplemental

(C) NP421 Hay Gan Po

(2) 23 U.S.C 204(j):

(A) Planning

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6.5.13.020

The Pueblo de San Ildefonso Council hereby approves the FY2017-FY2021 Control Schedule, Statement of Work and Budgets (attached).

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6.5.13.030

The Pueblo request to enter into a new Pub. L. 93-638 contract with the funds.

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6.5.13.040

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.

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Part 6.5.14 Authorizing Submittal of the FY 2017-2019 Johnson O'Malley Contract Application

6.5.14.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo") is a sovereign and self-governing Tribe, recognized as such by the United States of America, with the authority to govern its people, lands and other resources.

(b) The Pueblo, by and through United States Public Law 93-638, has contracted andadministered key functions for assistance to the tribe through the Bureau of Indian Affairs and through the Bureau of Indian Education that include the Johnson O'Malley (JOM) program.

(c) The Johnson O'Malley Act program funding provides programs to meet the special educational needs of the Pueblo's eligible children, and funding to administer the program and costs related to the Indian Education Committee.

(d) The Pueblo currently operates and administers the JOM program under the Pueblo's Education Department in compliance with all components of the application for contract.

(e) The Pueblo wishes to continue contracting JOM funding for the 3-year period, FY 2017-2019 to assist in meeting the needs of our children.

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6.5.14.020

(a) The Pueblo de San Ildefonso Council hereby approves submittal of the Application for Contract for the Johnson O'Malley program for a three-year term, 2017-2019.

(b) The Pueblo wishes to enter into a P.L. 93-638 Contract for these funds.

(c) 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.

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Part 6.5.15 Authorizing and Approving Submission of a Completed Application for Financial Assistance and Project Approval to the New Mexico Finance Authority

6.5.15.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo") is a sovereign and self-governing Tribe, recognized as such by the United States of America, with the authority to govern its people, lands and other resources.

(b) The New Mexico Finance Authority ("Finance Authority") is authorized pursuant to the Act, particularly Section 6-21-6.4 of the Act, to make grants from the local government planning fund (the "Fund") to qualified entities to evaluate and estimate the costs of implementing feasible alternatives for meeting water and wastewater public project needs or to develop water conservation plans, long-term master plans or economic development plans.

(c) Pursuant to the Act the Finance Authority has developed an application procedure whereby the Governing Body may submit an application ("Application") to the Finance Authority for planning grant financial assistance from the Fund.

(d) The Pueblo de San Ildefonso Council ("Council") desires to submit an Application for financial assistance from the Water Trust Board for Water conservation or recycling, treatment or reuse of water ("Water Conservation"), as defined in the Water Trust Board Water Project Fund Project Management Policies currently in effect and specifically identified below, for the benefit of the Pueblo.

(e) The Council intends to submit the Application for Bidding and Construction of a Water Reclamation Facility ("Project") for the benefit of the Pueblo de San Ildefonso, Pojoaque Valley and its citizens.

(f) The application prescribed by the Finance Authority to finance the Water Conservation Project in whole with financial assistance from the Fund has been completed, submitted to, and reviewed by the Council, and this Resolution approving submission of the completed Application to the Finance Authority for its consideration and review is required as part of the Application.

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6.5.15.020

(a) The completed Application submitted to the Council is hereby approved and confirmed.

(b) The Governor has been granted authority to submit the completed Application to the Finance Authority, and is further authorized to take such other action as may be requested by the Finance Authority in connection with the Application and to proceed with arrangements for financing the Project.

(c) 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.

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Part 6.5.16 Authorizing the FY 2017-2019 Infant and Toddler Contract Amendment and Extension

6.5.16.010 Findings

(a) The Pueblo, by and through United States Public Laws 105-17 and 108-446, has contracted and administered key functions to the Pueblo through the Bureau of Indian Education to provide Early Childhood Education through the Individuals with Disabilities Education Act; and,

(b) the Infant and Toddler program funding provides programs to assist in child find, screening, and other procedures for the early identification of children aged 0-5, parent training, and the provision of direct services; and,

(c) the Pueblo currently operates and administers the Infant and Toddler program under the Pueblo's Education Department, Early Childhood Program, in compliance with all components of the application for contract; and,

(d) the Pueblo wishes to amend and extend the contract for Infant and Toddler program funding for the 3-year period, FY 2019-2021, ending June 30, 2022 to assist in meeting the needs of our children.

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6.5.16.020

The Pueblo de San Ildefonso Council hereby approves amendment and extension of the existing Contract for the Infant and Toddler program for a three-year term ending June 30, 2022.

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6.5.16.030

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 carry out the intent of this resolution.

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Part 6.5.17 Submittal for 23 U.S.C. 202 Tribal Transportation Planning (6K1) and the Tribal Transportation Program (TTP)(66K) Funding

6.5.17.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America.

(b) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement, the governing document of the Pueblo.

(c) Under the authority granted by Chapter 2 of Title 23, United States Code, as amended by the Fixing America's Surface Transportation (FAST) Act, Pub. L. 114-94, and in accordance with the requirements of Public Law (Pub. L.) 93-638, as amended; 25 CFR Part §170.423 (TTP Regulations); the Southwest Regional Office, Department of Transportation (SWRO-DOT) hereby offers the Tribe the first right-of-refusal to contract available funds.

(d) To contract the Tribal Transportation Planning (66K) and the Tribal Transportation Program (TTP)(6K1) funds, the Tribe is required to submit to the SWRO-DOT the following documents:

(1) TTP Tribal Transportation Improvement Plan (TTIP/Control Schedule)

(2) Proposed Statement of Work for Planning, Design, Construction and/or Road Maintenance Supplemental Budget

(3) Budget

(4) Tribal Resolution to Enter into a Pub. L. 93-638 contract

(e) The SWRO-DOT encourages the Tribe to submit the TTP-TTIP/Control Schedule for review and approval.

(f) The Pueblo has prepared a TTP-TTIP/Control Schedule for the following projects:

(1) TTP Projects:

(A) Transportation Planning

(B) Road Maintenance Supplemental

(C) NP421 Hay Gan Po

(D) NP403 Tunyo Po

(E) NP404 Tunyo Loop (Black Mesa Loop)

(2) 23 U.S.C 204(j):

(A) Planning

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6.5.17.020

The Pueblo de San Ildefonso Council hereby approves the FY2018-FY2022 Control Schedule, Statement of Work and Budgets (attached).

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6.5.17.030

The Pueblo request to enter into a new Pub. L. 93-638 contract with the funds.

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6.5.17.040

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.

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Part 6.5.18 Submittal for the 2017 Congressinal Directive-Allocation of Increased Road Maintenance Funding

6.5.18.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America.

(b) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement, the governing document of the Pueblo.

(c) Under the authority granted by the 2017 Congressional Directive – Allocation of Increased Road Maintenance Funding, and in accordance with the requirements of Public Law (Pub. L.) 93-638, as amended; 25 CFR Part §170.423 (TTP Regulations); the Southwest Regional Office, Department of Transportation (SWRO-DOT) hereby offers the Tribe the first right-of-refusal to contract available funds.

(d) To contract the 2017 Congressional Directive one-time funds, the Tribe is required to submit to the SWRO-DOT the following documents:

(1) Scope of Work: Addressing maintenance operations for LOS 4 and 5 BIA routes, with emphasis on school bus routes.

(2) Budget

(3) Tribal Resolution to Enter into a Pub. L. 93-638 contract.

(e) The SWRO-DOT encourages the Tribe to submit the Scope of Work, Budget and Tribal Resolution for review and approval.

(f) The Pueblo has prepared a Scope of Work, Budget for the following project:

(1) One-Time Congressional Road Maintenance Funding

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6.5.18.020

The Pueblo de San Ildefonso Council hereby approves the FY2017 One-Time Congressional Road Maintenance Funds, Statement of Work and Budget (attached).

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6.5.18.030

The Pueblo requests to enter into a new Pub. L. 93-638 contract with the funds.

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6.5.18.040

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.

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Part 6.5.19 Approving the I.H.S. Community Health Representative Program Beginnig FY 2019

6.5.19.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America.

(b) The voters of the Pueblo approved a new Governing Agreement ("Agreement") for the Pueblo on November 19, 2011, and the Bureau of Indian Affairs approved the Agreement on December 21, 2011 pursuant to Federal law.

(c) The Pueblo Council ("Council") is the duly constituted Legislative body acting for the Pueblo.

(d) The Council is authorized to make laws for the Pueblo pursuant to Section 5 of the Agreement.

(e) The Pueblo de San Ildefonso is currently a participant in the Public Health Service, Indian Health Service (IHS), Community Health Representative (CHR) Program.

(f) The Pueblo de San Ildefonso acknowledges the benefits received from the CHR Program, both previous and current, in the area of community health care.

(g) The Tribal Government recognizes the need to continue the CHR Program for a period of three years during which the program will provide those services for the community that cannot otherwise be provided.

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6.5.19.020

(a) The Pueblo de San Ildefonso Council requests the Public Health Service, Indian Health Service, to enter a new contract agreement with the Pueblo de San Ildefonso for a Community Health Representative Program for a three year period beginning January 1, 2019 and ending December 31, 2021, and

(b) The authority granted by the Resolution shall remain in effect until withdrawn by the Tribal Council or until the term of the contract has expired, and that the Governor is the authorized agent for the Tribe and shall represent the Council in any negotiations, changes and/or approval of the contract agreement.

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6.5.19.030

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 carry out the intent of this Resolution.

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Part 6.5.20 Grant Application and Authorization Act of 2018

6.5.20.010 Short Title

This enactment shall be known as the "Grant Application and Authorization Act of 2018" ("Act").

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6.5.20.020 Definitions

(a) "Agreement" means the Pueblo de San Ildefonso Governing Agreement.

(b) "Council" means the Pueblo de San Ildefonso Council.

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

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6.5.20.030 Purpose

The purpose of this Act is to provide the Governor and Executive Branch Departments with standing authority for two years to apply for and obtain grant funds for the Pueblo without the need to seek legal authorization from the Council for each grant application on a case-by-case basis.

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6.5.20.040 Findings

The Council hereby finds that:

(a) The Pueblo receives significant funds through grants from governmental and private sources to operate the Pueblo's government and programs for the benefit of the People; and

(b) The Council supports and encourages the Governor and Executive Branch Departments to apply for and obtain available grant funds for the benefit of the Pueblo; and

(c) Section 5(a)(ii)(A) of the Governing Agreement permits the Council to make budget modifications without limitation at any time to obtain and expend new grants funds or to appropriate matching funds for new grants, which demonstrates the Pueblo's support for a streamlined and efficient application and expenditure process; and

(d) The Council finds it in the best interest of the Pueblo to provide the Governor and Executive Branch with an efficient and streamlined process to authorize the Pueblo to apply for, receive, and expend grant funds.

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6.5.20.050 Grant Authorization

(a) The Governor and Executive Branch Departments are hereby authorized to apply for and receive grant funds from any governmental or private source for the benefit of the Pueblo through the end of the Fiscal Year 2024; provided that any matching funds that may be required to obtain a grant shall be separately appropriated in a budget or budget modification prior to the acceptance of such grant, and provided further, that no grant shall be accepted unless such grant includes funds for the Pueblo's indirect costs or the Council has specifically authorized the acceptance of the grant without indirect costs; and

(b) The Governor is hereby authorized to prepare the necessary documents to apply for and obtain grant funds in a form and manner acceptable to the funding source, including the authorization to prepare and certify a Council Resolution that may be required by the funding source and such Resolution shall include the date and vote tallies of this Act and such Resolution shall not be required to be presented to Council for another approval; and

(c) The Governor shall provide written notice to the Council of all grants applied for and/or obtained by the Pueblo on a quarterly basis.

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Part 6.5.21 Authorizing the 2019-2022 Contracting of the Indian Child Welfare Act (ICWA) Program through Public Law 93-638

6.5.21.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America.

(b) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement, the governing document of the pueblo.

(c) The Pueblo, by and through United States Public Law 93-638, has contracted and administered key functions for assistance to the Tribe through the Bureau of Indian Affairs (BIA) to include the Indian Child Welfare Act (ICWA) Program.

(d) The Indian Child Welfare Act (ICWA) Program, receives funding from the BIA to administer the ICWA Program in compliance with the respective scope of work.

(e) The Pueblo wishes to continue contracting ICWA for a four (4)-year period, 2019 through 2022.

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6.5.21.020

The Pueblo de San Ildefonso Council hereby approves submission of the Application for Contract for the Indian Child Welfare Act (ICWA) Program for a four-year term (2019-2022).

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6.5.21.030

The Pueblo de San Ildefonso wishes to enter into a Public Law 93-638 contract for these funds.

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6.5.21.040

The Pueblo de San Ildefonso Council hereby approves and adopts this resolution in accordance with the requirements of the Agreement, according to the 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.

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Part 6.5.22 Authorizing the 2019-2022 Contracting of the Consolidated Tribal Government Program (CTGP) Through Public Law 93-638 Act

6.5.22.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America.

(b) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement, the governing document of the pueblo.

(c) The Pueblo, by and through United States Public Law 93-638, has contracted and administered key functions for assistance to the Tribe through the Bureau of Indian Affairs (BIA) to include the Consolidated Tribal Government Program (CTGP).

(d) The Consolidated Tribal Government Program (CTGP) which includes Aid to Tribal Government, Tribal Courts, Realty, and Parks and Wildlife receives funding from the BIA to administer aforementioned program(s) in compliance with the respective scope of work(s).

(e) The Pueblo wishes to continue contracting CTGP for a four (4)-year period, 2019 through 2022.

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6.5.22.020

The Pueblo de San Ildefonso Council hereby approves submission of the Application for Contract for the Consolidated Tribal Government Program (CTGP) for a four-year term (2019-2022).

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6.5.22.030

The Pueblo de San Ildefonso wishes to enter into a Public Law 93-638 contract for these funds.

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6.5.22.040

The Pueblo de San Ildefonso Council hereby approves and adopts this resolution in accordance with the requirements of the Agreement, according to the 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.

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Part 6.5.23 Authorizing the 2019-2022 Contracting of the Higher Educatin Scholarship Program through Public Law 93-638

6.5.23.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America.

(b) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement, the governing document of the pueblo.

(c) The Pueblo, by and through United States Public Law 93-638, has contracted and administered key functions for assistance to the Tribe through the Bureau of Indian Affairs (BIA) to include the Higher Education Scholarship Program.

(d) The Higher Education Scholarship Program, receives funding from the BIA to administer the Scholarship Program in compliance with the respective scope of work.

(e) The Pueblo wishes to continue contracting the Higher Education Scholarship Program for a four (4)-year period, 2019 through 2022.

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6.5.23.020

The Pueblo de San Ildefonso Council hereby approves submission of the Application for Contract for the Higher Education Scholarship Program for a four-year term (2019-2022).

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6.5.23.030

The Pueblo de San Ildefonso wishes to enter into a Public Law 93-638 contract for these funds.

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6.5.23.040

The Pueblo de San Ildefonso Council hereby approves and adopts this resolution in accordance with the requirements of the Agreement, according to the 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.

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Part 6.5.24 Submittal for 23 U.S.C. 202 Tribal Transportation Planning (66K) and the Tribal Transportation Porgram (TTP)(6K1) Funding

6.5.24.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America.

(b) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement, the governing document of the pueblo.

(c) Under the authority granted by Chapter 2 of Title 23, United States Code, as amended by the Fixing America's Surface Transportation (FAST) Act, Pub. L. 114-94, and in accordance with the requirements of Public Law (Pub. L.) 93-638, as amended; 25 CFR Part §170.423 (TTP Regulations); the Southwest Regional Office, Department of Transportation (SWRO-DOT) hereby offers the Tribe the first right-of-refusal to contract available funds.

(d) To contract the Tribal Transportation Planning (66K) and the Tribal Transportation Program (TTP)(6K1) funds, the Tribe is required to submit to the SWRO-DOT the following documents:

(1) TTP Tribal Transportation Improvement Plan (TTIP/Control Schedule)

(2) Proposed Statement of Work for Planning, Design, Construction and/or Road Maintenance Supplemental

(3) Budget

(4) Tribal Resolution to Enter into a Pub. L. 93-638 contract.

(e) The SWRO-DOT encourages the Tribe to submit the TTP-TTIP/Control Schedule for review and approval.

(f) The Pueblo has prepared the required documents for the following projects:

(1) TTP Projects:

(A) Transportation Planning

(B) Road Maintenance Supplemental

(C) NP403 Tunyo Po

(D) NP404 Tunyo Loop (Black Mesa Loop)

(E) NP401 Povi Kaa Drive

(F) NP441 Buu Pin Gae Po

(2) 23 U.S.C 204(j):

(A) Planning

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6.5.24.020

That the Pueblo de San Ildefonso Council hereby approves the FY2019-FY2023 Control Schedule, Statement of Work and Budgets (attached).

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6.5.24.030

That the Pueblo requests to enter into new Pub. L. 93-638 contracts for Transportation Planning, Road Maintenance Supplemental, NP401 and NP441; and to modify contracts for NP403 and NP404 with the funds.

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6.5.24.040

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.

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Part 6.5.25 Authorization and Approval for Submission of Title VI Federal Application for Continued Funding for the ENIPC, Inc. Senior Citizen Program

6.5.25.010 Short Title

This enactment shall be known as the Act, "SENIOR CITIZENS PROGRAM FUNDING AUTHORIZATION ACT ("Act")."

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6.5.25.020 Purpose

The purpose of this Act is to authorize and direct the Governor to take the steps necessary to submit the application for the deferral funding to continue the Senior Citizens Program for the Pueblo.

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6.5.25.030 Findings

The Council hereby finds and declares that:

(a) The Eight Northern Indian Pueblos Council, Inc. ("ENIPC"), is compromised of the Northern New Mexico Pueblos of Taos, Picuris, Ohkay Owingeh, Santa Clara, San Ildefonso, Pojoaque, Nambe and Tesuque; and

(b) The ENIPC Board of Governors is comprised of appointed and elected Tribal Governors from the respective Eight Northern Pueblo Tribes; and

(c) ENIPC is established to provide community-based services in the areas of education, employment and training, behavioral health, domestic violence counseling, senior services, environmental support services, childcare providing, commodity distribution, woman and infant services, and administrative support services; and

(d) The ENIPC, Inc. Senior Citizens Program currently provides nutritional meals to our homebound and congregate elders five days a week, they also provide respite care, transportation, case management, health and wellness promotions, etc. on behalf of four of the Eight Northern Pueblos; Picuris, Pojoaque, Nambe and San Ildefonso Pueblos; and

(e) The 1978 Amendments to the Older Americans Act (OAA) created Title VI grants for Indian Tribal Organizations, to promote the delivery of supportive and nutritional services for Indian elders that are comparable to services provided under Title III of the OAA; and

(f) The Federal Application under Title VI is for continued Federal Funding with estimated funding of $391,911 to be received for FY April 1, 2020 – March 31, 2023; and

(g) The ENIPC, Inc. Senior Citizens Program will apply for services required by the OAA Title VI to include: Nutrition, Information and Assistance, Other Support Services, Care Giver Services, Counseling/Support Groups Training, Respite Care and Supplemental Services; and

(h) The Pueblo supports the ENIPC's Senior Citizens Program's application for services required by OAA Title VI to include: Nutrition, Information and Assistance, Other Support Service, Care Giver Services, Counseling/Support Groups/Training, Respite Care and Supplemental Services; and

(i) The Pueblo de San Ildefonso supports the submission of the Senior Citizens Program's application for services required by OAA Title VI to include: Nutrition, Information and Assistance, Other Support Services, Care Giver Services, Counseling/Support Groups Training, Respite Care and Supplemental Services.

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6.5.25.040 Insert

(a) The Council hereby authorizes and directs the Governor to take all steps necessary to submit the application for federal funding to continue the Senior Citizens Program for the Pueblo through ENIPC, Inc., and to take all other actions necessary to carry out the intent of this Resolution and law.

(b) The Council hereby authorizes and directs the Governor to negotiate and execute a Memorandum of Agreement ("MOA") or a Memorandum of Understanding ("MOU") with ENIPC, Inc., to provide the Pueblo with greater oversight of the Senior Citizens Program operated by ENIPC, Inc. for the Pueblo including the authority of the Pueblo to determine the budget for the Pueblo's Senior Citizens Program pursuant to the formal Annual Budget and/or Budget Modification process, and including a plan which shall be developed within two years for the Pueblo to independently operate and manage its Senior Citizens Program when appropriate.

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Part 6.5.26 Authorizing Application to the Local Government Planning Fund and Designating the Highest Elected Official/Authorized Officer, Primary Contact, and Consultant

6.5.26.010 Short Title

This enactment shall be known as the Act, "AUTHORIZING APPLICATION TO THE LOCAL GOVERNMENT PLANNING FUND AND DESIGNATING THE HIGHEST ELECTED OFFICIAL/AUTHORIZED OFFICER, PRIMARY CONTACT, AND CONSULTANT ("Act").

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6.5.26.020 Definitions

(a) "Council" means the Pueblo de San Ildefonso Council.

(b) "LGPF" means Local Government Planning Fund.

(c) "NMFA" means New Mexico Finance Authority.

(d) "Project" means update to the 2008 Los Alamos National Labs warehouse study.

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

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6.5.26.030 Purpose

The purpose of this Act is to authorize the Pueblo to apply for the LGPF in the amount of $50,000 from the NMFA for the project and to designate the Highest Elected Official/Authorized Officer, Primary Contact, and Consultant when applying for and/or administering the LGPF.

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6.5.26.040 Findings

The Council hereby finds that:

(a) The Pueblo administers programs impacting economic development, housing, education, environmental quality, infrastructure, and other local government needs and services; and

(b) The NMFA has the LGPF to assist qualified entities, including pueblos located in New Mexico with water and wastewater projects, which include master plans, conservation plans, economic development plans, infrastructure plans, and energy efficiency audits; and

(c) To promote economic development on the Pueblo, the Pueblo plans to submit an application for the LGPF to the NMFA requesting $50,000 to assist with the Project; and

(d) When applying for and/or administering the LGPF, the Council desires to designate the Pueblo's Governor as the Highest Elected Official/Authorized Officer, the Tribal liability company wholly owned by the Pueblo, as the Consultant.

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6.5.26.050 Authorizations

(a) The Council authorizes the Pueblo to apply for the LGPF in the amount of $50,000 from the NMFA for the Project; and

(b) When applying for and/or administering the LGPF, the Council desires to designate the Pueblo's Governor as the Highest Elected Official/Authorized Officer, the Tribal liability company wholly owned by the Pueblo, as the Consultant.

(c) The Governor or his designee is authorized to sign such documents or take such actions as necessary to carry out the intent of this authorization.

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Part 6.5.27 Approving the Energy Feasibility & Mineral Development Program (EMDP), Department of Interior Grant Application

6.5.27.010 Short Title

This enactment shall be known as "APPROVING THE ENERGY & MINERAL DEVELOPMENT PROGRAM (EMDP) DEPARTMENT OF INTERIOR GRANT APPLICATION".

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6.5.27.020 Purpose

The purpose of this act is to authorize the submittal of the EMDP grant application and to authorize San Ildefonso Services, LLC by contract to administer and manage the services permitted under the EMDP grant funding, should funding be granted.

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6.5.27.030 Findings

The Council hereby finds that:

(a) the Pueblo administers programs impacting economic development, housing, education, environmental quality, infrastructure, and other local government needs and services; and

(b) the Department of Interior, Bureau of Indian Affairs, Office of Indian Energy and Economic Development, Division of Energy and Mineral Development has issued a solicitation for the Energy and Mineral Development Program (EMDP) Grant; and

(c) the Council desires to utilize Federal grant funding to evaluate the energy potential and available resources on the Pueblo and to continue its interest in the development of renewable energy systems to support the Pueblo's needs; and

(d) the Council is interested in developing energy resources to create affordable and reliable energy systems for the Pueblo's residents and commercial businesses; and

(e) the Council authorizes San Ildefonso Services, LLC by contract to administer and manage the services permitted under the EMPD grant funding, should funding be granted.

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6.5.27.040 Authorizations

(a) The Council hereby authorizes the submittal of the EMDP grant application in order to assess the viability of forming and developing renewable energy systems to support the Pueblo's needs infrastructure.

(b) The Council further authorizes San Ildefonso Services, LLC by contract to administer and manage the services permitted under the EMPD grant, should funding be granted.

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Part 6.5.28 Tunyo and San Ildefonso Pueblo Revolt Landscape Oral History Project Act

6.5.28.010 Short Title

This enactment shall be known as "TUNYO AND SAN ILDEFONSO PUEBLO REVOLT LANDSCAPE ORAL HISTORY ACT (Act)".

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6.5.28.020 Purpose

The purpose of this act is to document the history of the Great Pueblo Revolt that occurred at the Pueblo de San Ildefonso.

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6.5.28.030 Findings

The Council hereby finds that:

(a) the Pueblo Revolt Era of 1680 – 1696 was the most successful era of Indigenous rebellion in the colonial history of the United States; and

(b) In 1964 the people of the Pueblo de San Ildefonso and neighboring Tewa Pueblos took refuge on Tunyo, a sacred mesa two miles north of Pueblo de San Ildefonso; and

(c) Tunyo is remembered as a significant site of Indigenous resistance during the Spanish re-conquest of New Mexico. That resistance allowed Tewa people to remain in their homelands and maintain their sovereignty, language, and culture; and

(d) the social memory of the events at Tunyo retained in the Pueblo de San Ildefonso community is an invaluable aspect of the cultural landscape of the Pueblo of San Ildefonso; and

(e) The Pueblo de San Ildefonso wishes to formally document the historical memory of the events at Tunyo held by members of Pueblo de San Ildefonso community through anthropological research, and compare and integrate Pueblo de San Ildefonso oral histories, seventeenth-century Spanish documentary history, and modern archaeological findings; and

(f) Research results approved by the Tribal Historic Preservation Office (THPO) will be presented to all stakeholders and other interested parties within the Pueblo de San Ildefonso community and, all project materials, including interview transcripts, will be archived at the Pueblo of San Ildefonso THPO to ensure their preservation for future generations; and

(g) The Pueblo of San Ildefonso is committed to the balanced stewardship of Tunyo and the greater Pueblo Revolt landscape on the Pueblo de San Ildefonso Indian Reservation, land that is held in trust by the United States; and

(h) This project will support the Pueblo's stewardship goals by obtaining and preserving valuable information about the historical events that took place at Tunyo, which will enable Pueblo de San Ildefonso to better prioritize their preservation and stewardship of the landscape; and

(i) Pueblo of San Ildefonso, in partnership with Anthropological Research, LLC (Anthropological Research), proposes an oral history project that documents the living memory of the Pueblo Revolt within the Pueblo de San Ildefonso community under the auspices of the National Park Service American Battlefield Protection Program.

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6.5.28.040 Authorizations

(a) The Council hereby authorizes the Governor to submit a grant request to the National Park Service for the above purposes. The Pueblo de San Ildefonso strongly supports this grant.

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Part 6.5.29 Submittal for 23 USC 202 Tribal Transportation Planning (66K) and the Tribal Transportation Program (TTP)(6K1) Funding

6.5.29.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America.

(b) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement, the governing document of the Pueblo.

(c) Under the authority granted by Chapter 2 of Title 23, United States Code, as amended by the Fixing America's Surface Transportation (FAST) Act, Pub. L. 114-94, and in accordance with the requirements of Public Law (Pub. L.) 93-638, as amended; 25 CFR Part 170 (TTP Regulations); the Southwest Regional Office, Department of Transportation (SWRO-DOT) hereby offers the Tribe the first right-of-refusal to contract available funds.

(d) To contract the Tribal Transportation Planning (66K) and the Tribal Transportation Program (TTP)(6K1) funds, the Tribe is required to submit to the SWRO-DOT the following documents:

(1) TTP Tribal Transportation Improvement Plan (TTIP/Control Schedule)

(2) Proposed Statement of Work for Planning, Design, Construction and/or Road Maintenance Supplemental

(3) Budget

(4) Tribal Resolution to Enter into a Pub. L. 93-638 contract

(e) The Pueblo has prepared the required documents for the following projects:

(1) TTP Projects:

(A) Planning

(B) Road Maintenance Supplemental

(C) NP405 Than Povi Po

(D) NP416 Ovin Po

(2) 23 U.S.C 204(j):

(A) Planning

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6.5.29.020

The Pueblo de San Ildefonso Council hereby

(a) Approves the FY2021-FY2025 Control Schedule, Statement of Work and Budgets (attached); and

(b) Requests to modify Pub. L. 93-638 contracts for Transportation Planning, Road Maintenance Supplemental with the funds; and

(c) 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.

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Part 6.5.30 American Rescue Plan Funding Authorization Act

6.5.30.010 Short Title

This enactment shall be known as the "AMERICAN RESCUE PLAN FUNDING AUTHORIZATION ACT."

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6.5.30.020 Purpose

The purpose of this Act is authorize the Governor to submit funding requests to the Bureau of Indian Affairs to receive such funds as authorized from the American Rescue Plan 2021.

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6.5.30.030 Findings

The Council hereby finds and declares that:

(a) Congress passed the American Rescue Plan Act of 2021 which authorizes funds to our Pueblo (and others); and

(b) These funds will be in the form of an addition to our Aid To Tribal Government Program (ATTG) and a new contract for Housing (BIA housing – HIP); and

(c) The ARP plan requires a resolution from the Pueblo to access these funds.

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6.5.30.040 Authorizations

(a) The Council hereby authorizes the Governor to submit a request for any ARP funds and contract the same.

(b) The Governor is authorized to submit any additional documents, including statements and certification for and on behalf of the Pueblo to make this happen.

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Part 6.5.31 Tribal Broadband Connectivity Program Broadband Infrastructure Deployment Projects Authorization Act

6.5.31.010 Short Title

This enactment shall be known as the "Tribal Broadband Connectivity Program Broadband Infrastructure Deployment Projects AUTHORIZATION ACT."

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6.5.31.020 Purpose

The purpose of this Act is to authorize the Governor, or his tribal organization designee, San Ildefonso Services LLC, to submit an application for a grant (described below).

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6.5.31.030 Findings

The Council hereby finds and declares that:

(a) National Telecommunications and Information Administration (NTIA), U.S. Department of Commerce issued NTIA-TBC-TBCPO-2021-2006948 under which it will award grants for the Tribal Broadband Connectivity Program, Broadband Deployment Projects authorized by the Consolidated Appropriations Act, 2021, Division N, Title IX, Section 905(c), Public Law 116-260, 134 Stat. 1182 (Dec. 27, 2020) (Act). These funds will be in the form of an addition to our Aid To Tribal Government Program (ATTG).

(b) Tribal governments and their tribal organization designees are eligible to apply for and receive grant funding through the National Telecommunications and Information Administration (NTIA), U.S. Department of Commerce, Tribal Broadband Connectivity, NTIA-TBC-TBCPO-2021-2006948, and to do so the Tribe is required to submit a Tribal Resolution authorizing such grant application.

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6.5.31.040 Authorizations

(a) The Council hereby authorizes the Governor, or his tribal organization designee, San Ildefonso Services LLC, to submit a grant application.

(b) The Governor, or his tribal organization designee, San Ildefonso Services LLC, is authorized to submit any additional documents, including statements and certification for and in behalf of the Pueblo necessary to fill any funding requirement or to fulfill the purposes of this act.

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Part 6.5.32 Sewer System Regulations Authorizations Act

6.5.32.010 Short Title

This enactment shall be known as the "SEWER SYSTEM REGULATIONS AUTHORIZATIONS ACT."

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6.5.32.020 Purpose

The Purpose of this Act is to authorize regulations pertaining to the operation and services for the Pueblo's sewer system.

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6.5.32.030 Definitions

(a) "Act" means the "Sewer System Regulations Authorization Act.

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

(c) "USDA-RD" means the United States Department of Agriculture – Rural Development.

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6.5.32.040 Findings

The Council hereby finds and declares that:

(a) The Pueblo has received a grant for infrastructure improvement from the USDA-RD; and

(b) the USDA-RD requires that the Pueblo have regulations in place relating to the sewer system operations and service as part of the grant requirements; and

(c) the Council reviewed and considered the attached Sewer System Regulations and has determined it is in the best interests of the Pueblo to authorize the Governor to adopt the proposed regulations in the same or similar form; and

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6.5.32.050 Authorizations

(a) The Council hereby authorizes the Governor to promulgate and adopt Sewer System

regulations.

(b) The Governor is authorized to promulgate modifications to the regulations as may be

needed for USDA-RD approval.

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Part 6.5.33 The IHS Special Diabetes Program for Indians Authorization Act

6.5.33.010 Short Title

This enactment shall be known as the "THE IHS SPECIAL DIABETES PROGRAM FOR INDIANS AUTHORIZATION ACT."

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6.5.33.020 Purpose

The purpose of this Act is to authorize the Pueblo de San Ildefonso's request for new four (4) year contract with the Indian Health Service for the Special Diabetes Program for Indians ("SDPI").

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6.5.33.030 Findings

The Council hereby finds and declares that:

(a) The Pueblo de San Ildefonso ("Pueblo") is currently a participant in the Indian Health Service ("IHS"), Special Diabetes Program for Indians ("SDPI").

(b) The Pueblo de San Ildefonso acknowledges the benefits received from the SDPI, both previous and current, in the area of nutrition education, diabetes prevention & treatment, physical fitness and activity promotion, and other public health & risk-reduction initiatives related to positive outcomes related to the prevention and diagnosis of diabetes-related conditions.

(c) The Pueblo de San Ildefonso acknowledges the benefits received from the SDPI for a period of five (5) years during which the program will provide those services for the community that cannot otherwise be provided.

(d) The Council has determined it is in the best interest of the Pueblo to authorize the Governor to request and negotiate a new five (5) year contract with IHS for the SDPI beginning FY 2023.

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6.5.33.040 Authorizations

(a) The Council hereby authorizes the Governor to request the IHS enter into a new contract agreement with the Pueblo de San Ildefonso for a Special Diabetes Program for Indians (SDPI) for a four-year period, beginning January 1, 2023 and ending December 31, 2027.

(b) The authority granted by the Resolution shall remain in effect until withdrawn by the Council or until the term of the new contract has expired, and that the Governor is the authorized agent for the Tribe and shall represent the Council in any negotiations, changes and/or approval of the contract agreement.

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Part 6.5.34 Approving and Authorizing the Eight Northern Indian Pueblos Council, Inc. to Re-Contract with the U.S. Indian Health Service to Continue Providing Services for Behaviorial Health and Substance Abuse

6.5.34.010 Short Title

This enactment shall be known as the "APPROVING AND AUTHORIZING THE EIGHT NORTHERN INDIAN PUEBLOS COUNCIL, INC. TO RE-CONTRACT WITH THE U.S. INDIAN HEALTH SERVICE TO CONTINUE PROVIDING SERVICES FOR BEHAVIORIAL HEALTH AND SUBSTANCE ABUSE" ("Act").

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6.5.34.020 Purpose

The purpose of this resolution is to authorize the Eight Northern Pueblos' Council Inc. ("ENIPC") to re-contract with the U.S. Indian Health Service in order to continue providing maximum services for Behavioral Health and to address substance/alcohol abuse in the Pueblo community.

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6.5.34.030 Findings

The Council hereby finds and declares that:

(a) In order to provide maximum behavioral health services and to address substance/alcohol abuse in the Pueblo community, pursuant to 25 U.S.C. § 5321(a)(1), the Pueblo has authorized ENIPC to administer the Indian Health Service federal programs, functions, services and activities identified in contract no. HHSI 242 2020 10003C ("ISDEAA Contract"); and,

(b) The present ISDEAA Contract will expire on September 30, 2022 and in order to continue providing these programs through ENIPC, the Pueblo must reauthorize ENIPC to re-contract with the Indian Health Service to continue to administer the federal programs, functions, services and activities identified in the present ISDEAA Contract for an additional three-year period ending on September 30, 2025 as set out in the attachment to this Resolution; and,

(c) It is in the best interests of the Pueblo to approve and authorize ENIPC to re-contract with the United States Indian Health Service to continue to administer the federal programs, functions, services and activities identified in the ISDEAA Contract [HHSI 242 2020 10003C] for the period beginning October 1, 2022 through September 30, 2025, in accordance with the Indian Self Determination and Education Assistance Act, 25 U.S.C. § 5301.

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6.5.34.040 Authorization

The Council hereby authorizes and directs the ENIPC to:

(a) propose to re-contract with the United States Indian Health Service to provide behavioral health services and substance/alcohol abuse programs as set out in the attachment to this Resolution using the tribal shares of the Pueblo de San Ildefonso as determined by the United States Indian Health Service pursuant to the Indian Self Determination and Education Assistance Act in accordance with 25 U.S.C. §5304(l).

(b) ENIPC is authorized to negotiate and execute an Indian Self Determination Act Contract with the U.S. Indian Health Service for a term of three years, beginning October 1, 2022 through September 30, 2025 in accordance with the Indian Self Determination and Education Assistance Act to continue to administer the federal programs, functions, services and activities identified in the ISDEAA Contract [no. HHSI 242 2020 10003c] as set forth in the attachment to this resolution

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Part 6.5.35 Support for the Pueblo de San Ildefonso Natural Resource Department to Apply for One-Time Agricultural Funds for FY 2022

6.5.35.010 Short Title

This enactment shall be known as the "SUPPORT FOR THE PUEBLO DE SAN ILDEFONSO NATURAL RESOURCE DEPARTMENT TO APPLY FOR ONE-TIME AGRICULTURAL FUNDS FOR FY 2022."

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6.5.35.020 Purpose

The Purpose of this resolution is to support the Pueblo's Natural Resources Department to apply for one-time FY2022 Agriculture Program funds through NPA (Northern Pueblos Agency) to control invasive noxious weeds that are currently impacting rangelands, agricultural lands, and irrigation infrastructure.

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6.5.35.030 Findings

(a) The Pueblo de San Ildefonso has the legal authority to apply for, receive and administer federal funds.

(b) The Pueblo, through its Natural Resources Department will apply to the Northern Pueblos Agency (NPA) for One-Time Agriculture Funds for Fiscal Year 2022.

(c) The funds will be for the use of cropland and rangeland improvements, agriculture developments, noxious weed control, and climate adaption plans.

(d) the Scope-of-Work (SOW) is attached to outline how the funds will assist the Pueblo in the identification and monitoring of invasive noxious species.

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6.5.35.040 Authorizations

(a) The Council hereby authorizes the Governor, or his designee, to take such actions as deemed necessary to carry out the intent of this Resolution.

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Part 6.5.36 Act Authorizing Contracting for Portfolio Monitoring Services

6.5.36.010 Short Title

This enactment shall be known as the "ACT AUTHORIZING CONTRACTING FOR PORTFOLIO MONITORING SERVICES" ("the Act").

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6.5.36.020 Purpose

The purpose of this Act is to authorize and direct the Governor of the Pueblo to negotiate a contract with a portfolio monitoring company with specialized experience to monitor the Pueblo's trust fund accounts and investigate any potential claims involving investment of the Pueblo's trust accounts.

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6.5.36.030 Findings

The Council hereby finds and declares that:

(a) the Pueblo has trust funds administered by the Bureau of Indian Affairs.

(b) the Pueblo has determined the need to contract with a portfolio monitoring company with special expertise to review the Pueblo's trust funds and investigate any potential claims involving investment of the Pueblo's trust accounts.

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6.5.36.040 Authorizations

(a) The Governor is directed and authorized to negotiate and execute a contract with a portfolio monitoring company with specialized expertise to review the Pueblo's trust funds accounts and investigate any potential claims regarding the investment of the Pueblo's trust funds.

(b) The provision of such services shall be provided on a contingency-fee basis.

(c) Sole source contracting is authorized for a qualified company.

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Part 6.5.37 Authorizing Conversion of Loans to San Ildefonso Services to Small Business Assistance Grants

6.5.37.010 Short Title

This enactment shall be known as the "ACT AUTHORIZING CONVERSION OF LOANS TO SAN ILDEFONSO SERVICES TO SMALL BUSINESS ASSISTANCE GRANTS" ("Act")."

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6.5.37.020 Purpose

The Purpose of this resolution is to authorize the conversion of loans made to SIS LLC from Coronavirus State and Local Fiscal Recovery Funds ("SLFRF") monies to small business assistance grants utilizing SLFRF monies.

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6.5.37.030 Findings

(a) The Pueblo de San Ildefonso ("Pueblo") received Coronavirus State and Local Fiscal Recovery Funds ("SLFRF") and determined a need to use a portion of these funds to respond to the negative economic impacts on the small businesses owned and operated by the Pueblo or its subsidiaries or operating on the Pueblo's lands.

(b) The Council evaluated the use of the SLFRF to mitigate financial hardship, and the need to provide technical assistance and other business planning help, capital expenditure and rehabilitation of commercial properties and support services to the small businesses owned and operated by the Pueblo or its subsidiaries or operating on the Pueblo's lands.

(c) In response to the disproportionate impact of the pandemic on these small businesses, Council provided loans totaling $1,200,000 to San Ildefonso Services, LLC ("SIS, LLC"), a single member limited liability company wholly owned by the Pueblo, for equipment upgrades and capital improvements necessary for continued operation and improved sales at the C-stores owned and operated by SIS LLC, and for the acquisition of an engineering firm to build SIS LLC's capacity to engage in federal contracting and other business ventures.

(d) The Council has determined it to be in the best interest of the Pueblo to convert the loans to SIS LLC to small business assistance grants to mitigate the financial hardships and disproportionate impacts of the pandemic and to build business capacity and to forgive the loan repayments retroactive to November 1, 2021 for the VEI acquisition loan and January 1, 2022 for the C-Store improvement loan.

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6.5.37.040 Authorizations

The Council hereby:

(a) Authorizes the Governor to designate the $1,200,000 in SLFRF loans to SIS LLC as small business assistance grants to mitigate financial hardship, to provide technical assistance and other business planning help, capital expenditure and rehabilitation of commercial properties and support services to the small businesses owned and operated by the Pueblo or its subsidiaries or operating on the Pueblo's lands and to forgive the loan payments retroactive to November 1, 2021 for the VIE Acquisition loan and January 1, 2022 for the C-Store Improvement loan.

(b) Directs the Governor to work with SIS to confirm the designation of the loans as grants and to develop such grant agreements as necessary.

(c) Authorizes and directs the Governor, or his designee to take such actions as deemed necessary to carry out the intent of this Act.

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Part 6.5.38 Grant Application Authorization Act of 2024

6.5.38.010 Short Title

This enactment shall be known as the " GRANT AUTHORIZATION ACT" ("Act").

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6.5.38.020 Purpose

The purpose of this Act is to provide a six-year extension of the Grant Application and Authorization Act.

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6.5.38.030 Findings

The Council hereby finds and declares that:

(a) The Pueblo receives significant funds through grants from governmental and other sources to operate the government and programs for the benefit of the People; and,

(b) The Council supports and encourages the Governor and Executive Branch Departments to apply for and obtain available grant funds for the benefit of the Pueblo; and,

(c) The Council has previously enacted the Grant Application and Authorization Act to provide the Governor and Executive Branch Departments and programs with broad legal authorization to apply for and receive grant funds for the Pueblo; and,

(d) The Council has reauthorized the Grant Application and Authorization Act multiple times with sunset clauses, and the most recent four-year extension passed in 2020 is set to expire at the end of Fiscal Year 2024; and,

(e) The Council finds it is in the best interests of the Pueblo to provide the Governor and Executive Branch with an efficient and streamlined process to authorize the Pueblo to apply for and receive grants, and to enact a six-year extension of the Grant Application and Authorization Act.

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6.5.38.040 Six-year Extension

The Council hereby provides a six-year extension and restatement of the Grant Authorization Act to be effective through the end of the fiscal year 2030 as follows:

6.5.20.050 Grant Authorization

(a) The Governor and Executive Branch Departments are hereby authorized to apply for and receive grant funds from any governmental or private source for the benefit of the Pueblo through the end of the Fiscal Year 2030; provided that any matching funds that may be required to obtain a grant shall be separately appropriated in a budget or budget modification prior to the acceptance of such grant, and provided further, that no grant shall be accepted unless such grant includes funds for the Pueblo's indirect costs or the Council has specifically authorized the acceptance of the grant without indirect costs; and,

(b) The Governor is hereby authorized to prepare the necessary documents to apply for and obtain grant funds in a form and manner acceptable to the funding source, including the authorization to prepare and certify a Council Resolution that may be required by the funding source and such Resolution shall include the date and vote tallies of this Act and such Resolution shall not be required to be presented to Council for another approval; and,

(c) When a grant is applied for or submitted under the authorizations of this Act, the Governor shall notify the Council of such submission at the next Council meeting.

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Part 6.5.39 The BIA P.L. 93-638 Contract Authorization Act

6.5.39.010 Short Title

This enactment shall be known as the "THE BIA P.L. 93-638 CONTRACT AUTHORIZATION ACT" ("Act").

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6.5.39.020 Purpose

The purpose of this Act to authorize the Governor to contract with the BIA for programs and services that are beneficial to the Pueblo without the need to return to the Council for a resolution or authorization for the "638" contract, particularly for a renewal of an existing "638" contract.

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6.5.39.030 Findings

The Council hereby finds and declares that:

(a) The Pueblo de San Ildefonso ("Pueblo") contracted and administered various programs and services provided by the Bureau of Indian Affairs ("BIA") through contracts with the BIA pursuant to the Indian Self-Determination and Education Assistance Act ("ISDEAA"), also known as P.L. 93-638 ("638 contracts").

(b) The Pueblo is required to apply to BIA for initial "638" contracts as well as for renewal of on-going "638" contracts.

(c) A Council resolution or authorization is required for the "638" contract application and its submission to BIA.

(d) The Pueblo acknowledges the benefits received from the services provided by the various "638" contracted programs and wishes to continue to contract with BIA to receive funding to administer these programs.

(e) The Council has determined that it is in the best interest of the Pueblo to authorize the Governor to contract with the BIA for programs and services that are beneficial to the Pueblo without the need to continually return to the Council for a resolution or authorization for the "638" contract, particularly for a renewal of an existing contract.

(f) The Council has determined that is in the best interest of the Pueblo to authorize the Governor to negotiate and execute a contract agreement and to take any other actions necessary to effectuate a contract for the following BIA-contracted programs:

Consolidated Tribal Government Program

Indian Child Welfare Act Program

Johnson O'Malley Program

Scholarships Program

(g) The Council intends that this authorization shall remain in effect until rescinded by the Council.

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6.5.39.040 Authorizations

(a) The Governor is authorized to contract with the BIA for programs and services that are beneficial to the Pueblo without the need to return to the Council for a resolution or authorization for the "638" contract, particularly if it is for a renewal of an existing contract.

(b) The Governor is authorized to negotiate and execute a contract agreement and to take any other actions necessary to effectuate a contract for the following BIA-contracted programs:

Consolidated Tribal Government Program

Indian Child Welfare Act Program

Johnson O'Malley Program

Scholarships Program

(c) The Governor is also authorized to negotiate and execute a new contract agreement for any other BIA program not listed in Section 1.4(b) above, and upon issuance of a "638" contract by BIA, such program shall be subject to the continuing authorization of this Act.

(d) In the event that BIA requires a specific resolution or other authorization for a "638" contract, the Governor is authorized to issue a form of resolution or authorization in accordance with the Pueblo's Grant Authorization Act.

(e) When a "638" contract application or agreement has been submitted to BIA under the authorizations of this Act, the Governor shall notify the Council of such submission at the next Council meeting.

(f) This authorization shall remain in effect until rescinded by the Council.

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Part 6.5.40 Act Authorizing Signature of Western Area Power Adminstration Contracts

6.5.40.010 Short Title

This enactment shall be known as the "Act Authorizing Signature of Western Area Power Administration Contracts."

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6.5.40.020 Purpose

The purpose of this Act is to authorize the Governor to negotiate and sign contracts with the Western Area Power Administration to allow the Pueblo to continue to receive benefits from long term power contracts.

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6.5.40.030 Findings

The Council hereby finds and declares that:

(a) The Western Area Power Administration ("WAPA") is a power marketing authority under the Department of Energy which acts as a wholesale electricity supplier in the western United States.

(b) WAPA markets and transmits hydropower allocations to customers through long-term power contracts referred to as Firm Electric Service contracts.

(c) In 2004, the Pueblo de San Ildefonso ("Pueblo") and WAPA entered into a Firm Electric Contract to receive an allocation of WAPA power ("Pueblo's Allocation") and the Pueblo and WAPA also entered into a Benefit Crediting Contract to allow Tri-State Generation and Transmission Association ("Tri-State") and Jemez Mountain Electric Cooperative, Inc. ("JMEC") to receive the Pueblo's Allocation of federal electric power and to have JMEC pay the Pueblo for the benefit of that federal electric power.

(d) The Pueblo has been receiving financial payments under the Benefit Crediting Contract since 2004.

(e) WAPA's Firm Electric Service contract with the Pueblo will be expiring on September 30, 2024, and WAPA has reached out to the Pueblo to extend the Firm Electric Service contract through 2057 and to enter into another Benefit Crediting Contract.

(f) The Council has been fully briefed and has reviewed the proposed Firm Electric Service Contract, the Benefit Crediting Contract, 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 Firm Electric Service Contract and the Benefit Crediting Contract.

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6.5.40.040 Authorizations and Waivers

(a) The Council hereby authorizes the Governor to negotiate and sign a form of the Firm Electric Service Contract, the Benefit Crediting Contract, and related attachments, and is authorized to make any revisions or amendments as may be necessary to support the execution of the contracts.

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

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Chapter 6.6 Investments

Part 6.6.1 Approving a Long-Term Investment Plan for the Pueblo de San Ildefonso Claim Settlement Act of 2005 Trust Account

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R13-020, dated May 13, 2013.

6.6.1.010 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., set 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 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;

(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 investment of remaining Pueblo de San Ildefonso Claims Settlement Act of 2005 funds;

(f) The Pueblo has kept the funds liquid pending the purchase of Forest Service lands;

(g) All payments have been made to the Federal Government for Forest Services lands and the Special Trustee advised the Pueblo to make recommendations for an investment plan for these lands;

(h) A long-term investment plan will provide a greater degree of stability than the current short-term investment plan.

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6.6.1.020

The Pueblo de San Ildefonso Tribal Council hereby grants approval to the Office of the Special Trustee for American Indians to establish a long-term objective for the remaining funds in the Pueblo de San Ildefonso Claims Settlement Act of 2005 trust account.

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Part 6.6.2 Authorizing Change of Brokerage Clearing Firm

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R15-024, dated August 31, 2015.

6.6.2.010 Findings

(a) The Pueblo's investment firm, San Francisco Sentry, has advised the Pueblo that there is the need to contract with another brokerage clearing firm because the current brokerage clearing firm utilized by San Francisco Sentry, J.P. Morgan, will no longer provide that services;

(b) The firm of Charles Schwab has been recommended by San Francisco Sentry;

(c) The Council has been fully advised about the proposed contract and transfer to Charles Schwab, including the need for a limited waiver of the Pueblo's sovereign immunity for purposes of arbitration and dispute resolution under the brokerage agreements, and has determined it to be in the best interest of the Pueblo to contract with the firm, Charles Schwab.

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6.6.2.020

The Pueblo de San Ildefonso Tribal Council hereby approves and authorizes the use of Charles Schwab as the brokerage clearing firm on behalf of the Pueblo.

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6.6.2.030

The Pueblo de San Ildefonso Tribal Council hereby approves grants a limited waiver of the Pueblo's sovereign immunity pursuant to the section SOVEREIGN IMMUNITY within the Pueblo's governing Agreement for the sole purpose of arbitration of any claims brought under and in accordance with the terms of the brokerage agreement.

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Part 6.6.3 Adopting The Statement Of Investment Policy Objectives And Guidelines – Asset Appreciation (Long-Term) Investment Portfolio

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R16-026, dated December 8, 2016.

6.6.3.010 Findings

(a) The Pueblo's resources currently include a financial portfolio which is managed by an investment advisor, a professional firm employed by the Pueblo for many years;

(b) The Pueblo's investment funds are designated to be used for land purchases and other future needs of the Pueblo including a safety net for unforeseen emergencies;

(c) The Pueblo's investment advisors have recommended that the Pueblo adopt a formal investment policy to guide the Pueblo's investment decisions and practices;

(d) The Council finds that it is in the best interests of the Pueblo to adopt a formal long-term investment policy.

(e) The Council hereby enacts the attached law entitled, "APPROVING THE STATEMENT OF INVESTMENT POLICY OBJECTIVES AND GUIDELINES – ASSET APPRECIATION (LONG-TERM) INVESTMENT PORTFOLIO."

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6.6.3.020 Additional Findings.

The Council hereby finds and declares that:

(a) The Pueblo's resources currently include a financial portfolio which is managed by an investment advisor, San Francisco Sentry, a professional firm employed by the Pueblo for many years, and

(b) The Pueblo's investment funds are designated to be used for land purchases and other future needs of the Pueblo including a safety net for unforeseen emergencies, and

(c) The Pueblo's investment advisors have recommended that the Pueblo adopt a formal investment policy to guide the Pueblo's investment decisions and practices, and

(d) The Council finds that it is in the best interests of the Pueblo to adopt a formal long-term investment policy.

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6.6.3.030 Adopting the Statement of Investment Policy Objectives and Guidelines – Asset Appreciation (Long-Term) Investment Portfolio.

This enactment shall be known as "Adopting the Statement of Investment Policy Objectives and Guidelines – Asset Appreciation (Long-Term) Investment Portfolio" (or "Long-Term Investment Policy").

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6.6.3.040 Authorization.

The Council hereby enacts the "STATEMENT OF INVESTMENT POLICY OBJECTIVES AND GUIDELINES – ASSET APPRECIATION (LONG-TERM) INVESTMENT PORTFOLIO."

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6.6.3.050 Statement of Investment Policy Objectives and Guidelines – Asset Appreciation (Long-Term) Investment Portfolio.

SCOPE OF THIS INVESTMENT POLICY

This statement of investment policy ("Investment Policy" or "Statement"), reflects the investment policy, objectives, and constraints of the Pueblo de San Ildefonso ("Pueblo") Investment Account(s).

PURPOSE OF THIS INVESTMENT POLICY STATEMENT

The statement of investment policy is set forth by the Council of the Pueblo de San Ildefonso in order to:

1. Define and assign the responsibilities of all involved parties.

2. Support the goal of preservation of principal of the Pueblo's invested assets.

3. Establish a clear understanding for all involved parties of the investment goals and objectives of the Investment Account(s) assets.

4. Offer guidance and limitations to all Investment Managers regarding the investment of the Investment Account(s) assets.

5. Establish a basis for evaluating investment results.

6. Manage the Investment Account(s) assets according to prudent standards as established in common trust law.

7. Establish the relevant investment time horizon for which the Investment Account(s) assets will be managed.

In general, the purpose of this statement is to outline a philosophy and attitude which will guide the investment management of the assets toward the desired results. It is intended to be sufficiently specific to be meaningful, yet flexible enough to be practical.

DELEGATION OF AUTHORITY

The Governor and Council are fiduciaries, and are responsible for directing and monitoring the investment management of Investment Account(s) assets. The Governor is authorized with certain responsibilities to engage and direct professional experts in various fields. These include, but are not limited to:

1. Investment Manager. The investment manager has discretion to purchase, sell or hold the specific securities that will be used to meet the Investment Account(s)'s investment objectives.

2. Investment Committee. There shall be an Investment Committee with the specific purpose and responsibility of establishing, maintaining and administering the Investment Policy and other tasks as deemed necessary.

3. Custodian. The custodian will, or through agreement with a sub-custodian, hold securities in street name owned by the Investment Account(s), collect dividend and interest payments, redeem maturing securities and effect receipt and delivery following purchase and sales. The custodian will also perform regular accounting of all assets owned, purchased, or sold, as well as movement of assets into and out of the Investment Account(s).

4. Additional specialists such as attorneys, auditors, actuaries, and others may be authorized by the Council to assist in meeting its responsibilities and obligations to administer the Investment Account(s) assets prudently.

The Council will not reserve any control over investment decisions, with the exception of specific limitations described in these statements. Managers will be responsible and accountable to achieve the objectives herein stated. While it is not believed that the limitations will hamper investment managers, each manager should request modifications which they deem appropriate.

If such experts employed are also deemed to be fiduciaries, they must acknowledge such in writing. All expenses for such experts must be customary and reasonable, and will be borne by the Investment Account(s) as deemed appropriate and necessary.

DEFINITIONS

1. "Investment Account(s)" shall mean the Pueblo de San Ildefonso Investment Account(s).

2. "Council" shall refer to the Council of the Pueblo de San Ildefonso that governs the Investment Account(s) as specified by the Pueblo.

3. "Investment Committee" shall refer to the committee established by this Investment Policy and comprised of three (3) members. These members include Governor, Controller, and Tribal Administrator or their designee.

4. "Fiduciary" shall mean any individual or group of individuals that exercise discretionary authority or control over fund management or any authority or control over management, disposition or administration of the Investment Account(s) assets.

5. "Agreement" shall mean the Pueblo de San Ildefonso Governing Agreement.

6. "Investment Manager" shall mean any individual, or group of individuals, employed to manage the investments of all or part of the Investment Account(s) assets.

7. "Securities" shall refer to the marketable investment securities which are defined as acceptable in this Statement.

8. "Investment Horizon" shall be the time period over which the investment objectives, as set forth in this Statement are expected to be met. The investment horizon for the Investment Account(s) is 10 years.

ASSIGNMENT OF RESPONSIBILITY

Responsibility of the Investment Committee

The Investment Committee's role is a working committee for the purpose of making recommendations to the Council. The Investment Committee is charged with the following responsibilities.

1. Review and recommend changes to the investment policy, if necessary.

2. Meet quarterly, or as needed, to deliberate such topics as economic outlook, portfolio diversification, potential risks and target a rate of return for the investment account(s).

3. Provide quarterly reports to the Council summarizing the activity of the Investment Account(s) and compare the performance of the Investment Account(s) to indices and to other investment managers with a similar investment style.

4. Review the investment history of the Investment Account(s) and make recommendations to the Council.

5. Make recommendations to the Council on the selection and retention of the investment manager and other professional experts subject to authorization by the Council.

Responsibility of the Investment Manager

The Investment Manager must acknowledge in writing its acceptance of responsibility as a fiduciary. The Investment Manager will have full discretion to make all investment decisions for the assets placed under its jurisdiction, while observing and operating within all policies, guidelines, constraints and philosophies as outlined in this Statement. Specific responsibilities of the Investment Managers include:

1. Discretionary investment management including decisions to buy, sell or hold individual securities and to alter asset allocation within the guidelines established in this Policy.

2. Reporting, on a timely basis, quarterly investment performance results to the Governor and Council through the Lt. Governor.

3. Communicating to the Governor and Council, through the Lt. Governor, any major changes to economic outlook, investment strategy, or any other factors which affect implementation of investment process, or the investment objective progress of the Investment Account(s)'s investment management.

4. Informing the Governor and Council, through the Lt. Governor, regarding any qualitative change to the investment management organization. Examples include changes in portfolio management personnel, ownership structure, investment philosophy, etc.

GENERAL INVESTMENT PRINCIPLES

1. Investments shall be made solely in the interest of the Pueblo de San Ildefonso.

2. The Account(s) shall be invested with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent man acting in like capacity and familiar with such matters would use in the investment of a fund of like character and with like aims.

3. Investment of the Account(s) shall be diversified as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so.

4. The Council may employ one or more investment managers of varying styles and philosophies to attain the Account(s)'s objectives.

5. Cash is to be employed productively at all times, by investment in short term cash equivalents to provide safety, liquidity and return.

INVESTMENT MANAGEMENT POLICY

1. Preservation of Capital – Consistent with their respective investment styles and philosophies, investment managers should make reasonable efforts to preserve capital, understanding that losses may occur.

2. Risk Aversion – Understanding that risk is present in all types of securities and investment styles, the Council recognizes that some risk is necessary to produce long-term investment results that are sufficient to meet the Investment Account(s)'s objectives. However, the investment managers are to make reasonable efforts to control risk, and will be evaluated regularly to ensure that the risk assumed is commensurate with the given investment style and objectives.

3. Adherence to Investment Discipline – Investment managers will be expected to adhere to the investment management styles for which they were hired. Managers will be evaluated regularly for adherence to investment discipline.

INVESTMENT OBJECTIVES

In order to meet its needs, the investment strategy of the Pueblo is to emphasize total return; that is, the aggregate return from capital appreciation and dividend and interest income.

SPECIFIC INVESTMENT GOALS

Over the investment horizon established in this Statement, it is the goal of the aggregate Investment Account(s) assets to exceed an absolute annualized, return of 10% over a market cycle of 10 years unless the Tribe hires an additional investment manager(s) with a different investment style of investments.

The investment goal above is the objective of the aggregate Investment Account(s), and is not meant to be imposed on each investment account (if more than one account is used). The goal of the investment manager, over the investment horizon, shall be to:

1. Meet or exceed the market index, or blended market index, selected and agreed upon by the Investment Committee that most closely corresponds to the style of the investment manager.

2. Display an overall level of risk in the portfolio which is consistent with the risk associated with the benchmark specified above. Risk will be measured by the standard deviation of quarterly returns.

Specific investment goals and constraints for each investment manager, if any, shall be incorporated as part of this Statement of Investment Policy. The manager shall receive a written statement outlining his/her specific goals as they differ from those objectives of the entire Investment Account.

DEFINITION OF RISK

The Council realizes that there are many ways to define risk. The Council believes that any person or organization involved in the process of managing the Pueblo's assets understands how the Pueblo defines risk so that the assets are managed in a manner consistent with the Investment Account(s)'s objectives and investment strategy as defined in this statement of investment policy. The Council defines risk as:

The probability of not meeting the Investment Account(s)'s objectives.

LIQUIDITY

To minimize the possibility of a loss caused by the need to liquidate securities, the Governor will periodically provide investment managers with an estimate of expected net cash flow. The Governor will notify the investment manager in a timely manner, to allow sufficient time for the money manager to build up necessary liquid reserves. The Governor will inform the Council, through the Lt. Governor, of the cash flow need estimate provided to the Investment Manager(s).

To maintain the ability to deal with unplanned cash requirements that might arise, the Council prefers that a minimum of 1% of Investment Account(s) assets shall be maintained in cash of cash equivalents, including money market funds or short-term U.S. Treasury bills.

MARKETABILITY OF ASSETS

The Council requires that all Investment Account(s) assets be invested in liquid securities, defined as securities that can be transacted quickly and efficiently for the Investment Account(s), with minimal impact on market price.

INVESTMENT GUIDELINES

Allowable Assets

1. Cash Equivalents

• Treasury Bills
• Money Market Funds
• STIF (Short-Term Interest Funds)
• Certificates of Deposit

2. Equities

• Common Stocks
• Convertible Notes and Bonds
• Convertible Preferred Stocks
• Exchange Traded Funds (ETFs)
• American Depository Receipts (ADRs)

Derivative Investments

Derivative securities are defined as synthetic securities whose price and cash flow characteristics are based on the cash flows and price movements of other underlying securities. Most derivative securities are derived from equity of fixed income securities and are packaged in the form of options, futures, CMOS (PAC bonds, IO's, PO's, residual bonds, etc.), and interest rate swaps, among others.

The Council feels that many derivative securities are relatively new and therefore have not been observed over multiple economic cycles. Due to this uncertainty, investment in derivative securities shall not be permitted.

Stock Exchanges

To ensure marketability and liquidity, investment advisors will execute equity transactions through the following exchanges: New York Stock Exchange; American Stock Exchange; NASDAQ over-the-counter market; and the major Canadian Exchanges.

Prohibited Assets

Prohibited Investments include, but are not limited to the following:

1. Commodities and Futures Contracts

2. Private Placements

3. Options

4. Unlisted Limited Partnerships

5. Venture-Capital Investments

6. Interest-Only (10), Principal-Only (PO), and Residual Tranche CMOS of CDOS

7. Foreign Debt Instruments

Prohibited Transactions

Prohibited Transactions include, but are not limited to the following:

1. Short Selling

2. Margin Trading

Asset Allocation Guidelines

Investment Management of the assets of the Pueblo Investment Account(s) shall be in accordance with the following asset allocation guidelines:

1. Aggregate Investment Account(s) Asset Allocation Guidelines (at market value)

2. The Council may employ investment managers whose investment disciplines require investment outside the established asset allocation guidelines. However, taken as a component of the aggregate Investment Account(s), such disciplines must fit within the overall asset allocation guidelines established in this Policy. Such investment managers will receive written direction from the Investment Committee regarding specific objectives and guidelines.

3. In the event that the above aggregate asset allocation guidelines are violated, for reasons

including but not limited to market price fluctuations, the Investment Committee will instruct the Investment Manager(s) to bring the portfolio(s) into compliance with these guidelines as promptly and prudently as possible. In addition, in the event that any individual Investment Manager's portfolio is in violation with its specific guidelines, for reasons including but not limited to market price fluctuations, the Council expects that the Investment Manager will bring the portfolio into compliance with these guidelines as promptly and prudently as possible without instruction from the Governor or Council.

Diversification for Investment Managers

It is not necessary or desirable that securities held in the Investment Account(s) represent a cross section of the economy. However, in order to achieve a prudent level of portfolio diversification for the Investment Account(s), the following allocation limitations will be imposed:

Equity: Sector of Industry Group allocations is limited to a current market value of 35% of the Account(s). The current market value of any one equity security is limited to 15% of any single segregated manager's portfolio. These allocation limitations pertain to each separately managed portfolio.

Guidelines for Cash Equivalents

Money Market Funds selected shall contain securities whose credit rating at the absolute minimum would be rated investment grade by Standard and Poor's, and/or Moody's.

SELECTION OF INVESTMENT MANAGERS

The recommendation of Investment Manager(s) by the Governor and approval by the Council must be based on prudent due diligence procedures. A qualifying investment manager must be a registered investment advisor under the Investment Advisors Act of 1940, or a bank or insurance company. The Council requires that each investment manager provide, in writing, acknowledgement of fiduciary responsibility to the Pueblo.

INVESTMENT MANAGER PERFORMANCE REVIEW AND EVALUATION

Performance reports generated by the Manager(s) shall be compiled at least quarterly and communicated to the Governor, and Council through the Lt. Governor, for review. The investment performance of the total Account(s), as well as each individual manager, will be measured against commonly accepted performance benchmarks. Consideration shall be given to the extent to which the investment results are consistent with the investment objectives, goals and guidelines as set forth in this Statement. The Governor and Council intend to evaluate the portfolio(s) over a 3 year period, but reserve the right to terminate a manager for any reason including the following:

1. Investment performance which is significantly less than anticipated given the discipline employed and the risk parameters established, or unacceptable justification of poor results.

2. Failure to adhere to any aspect of this Statement of Investment Policy, including communication and reporting requirements.

3. Significant qualitative changes to the investment management organization.

Investment managers shall be reviewed regularly regarding performance, personnel, strategy, research capabilities, organizational and business matters, and other qualitative factors that may impact their ability to achieve the desired investment results.

AMENDMENT

The Council may amend this Statement of Investment Policy at any time upon majority vote of the Council, and in accordance with the requirements of the Agreement.

PUEBLO DE SAN ILDEFONSO ASSET APPRECIATION (LONG-TERM) INVESTMENT PORTFOLIO

SPENDING POLICY

In order to allow for growth of the portfolio as well as preservation of principal, none of the portfolio's assets shall be used for operations or other expenses.

Variances to this limitation may be made only with the Council's approval. It is the Council's intent that such variances be granted only in case of emergency.

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Part 6.6.4 Adopting The Statement Of Investment Policy Objectives And Guidelines – High Income (Short-Term) Investment Portfolio

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R16-027, dated December 8, 2016.

6.6.4.010 Findings

(a) The Pueblo's resources currently include a financial portfolio which is managed by an investment advisor, a professional firm employed by the Pueblo for many years;

(b) The Pueblo's investment funds are designated to be used for land purchases and other future needs of the Pueblo including a safety net for unforeseen emergencies;

(c) The Pueblo's investment advisors have recommended that the Pueblo adopt a formal investment policy to guide the Pueblo's investment decisions and practices;

(d) The Council finds that it is in the best interests of the Pueblo to adopt a formal short-term investment policy.

(e) The Council hereby enacts the attached law entitled, "APPROVING THE STATEMENT OF INVESTMENT POLICY OBJECTIVES AND GUIDELINES – HIGH INCOME (SHORT-TERM) INVESTMENT PORTFOLIO."

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6.6.4.020 Additional Findings

The Council hereby finds and declares that:

(a) The Pueblo's resources currently include a financial portfolio which is managed by an investment advisor, San Francisco Sentry, a professional firm employed by the Pueblo for many years, and

(b) The Pueblo's investment funds are designated to be used for land purchases and other future needs of the Pueblo including a safety net for unforeseen emergencies, and

(c) The Pueblo's investment advisors have recommended that the Pueblo adopt a formal investment policy to guide the Pueblo's investment decisions and practices, and

(d) The Council finds that it is in the best interests of the Pueblo to adopt a formal short-term investment policy.

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6.6.4.030 Adopting the Statement of Investment Policy Objectives and Guidelines – High Income (Short-Term) Investment Portfolio.

This enactment shall be known as "Adopting the Statement of Investment Policy Objectives and Guidelines – High Income (Short-Term) Investment Portfolio" (or "Short-Term Investment Policy").

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6.6.4.040 Authorization.

The Council hereby enacts the attached law entitled, "APPROVING THE STATEMENT OF INVESTMENT POLICY OBJECTIVES AND GUIDELINES – HIGH INCOME (SHORT-TERM) INVESTMENT PORTFOLIO."

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6.6.4.050 Statement of Investment Policy Objectives and Guidelines – High Income (Short-Term) Investment Portfolio.

SCOPE OF THIS INVESTMENT POLICY

This statement of investment policy ("Investment Policy" or "Statement"), reflects the investment policy, objectives, and constraints of the Pueblo de San Ildefonso ("Pueblo") Investment Account(s).

PURPOSE OF THIS INVESTMENT POLICY STATEMENT

The statement of investment policy is set forth by the Council of the Pueblo de San Ildefonso in order to:

1. Define and assign the responsibilities of all involved parties.

2. Support the goal of preservation of principal of the Pueblo's invested assets.

3. Establish a clear understanding for all involved parties of the investment goals and objectives of the Investment Account(s) assets.

4. Offer guidance and limitations to all Investment Managers regarding the investment of the Investment Account(s) assets.

5. Establish a basis for evaluating investment results.

6. Manage the Investment Account(s) assets according to prudent standards as established in common trust law.

7. Establish the relevant investment time horizon for which the Investment Account(s) assets will be managed.

In general, the purpose of this statement is to outline a philosophy and attitude which will guide the investment management of the assets toward the desired results. It is intended to be sufficiently specific to be meaningful, yet flexible enough to be practical.

DELEGATION OF AUTHORITY

The Governor and Council are fiduciaries, and are responsible for directing and monitoring the investment management of Investment Account(s) assets. The Governor is authorized with certain responsibilities to engage and direct professional experts in various fields. These include, but are not limited to:

1. Investment Manager. The investment manager has discretion to purchase, sell or hold the specific securities that will be used to meet the Investment Account(s)'s investment objectives.

2. Investment Committee. There shall be an Investment Committee with the specific purpose and responsibility of establishing, maintaining and administering the Investment Policy and other tasks as deemed necessary.

3. Custodian. The custodian will, or through agreement with a sub-custodian, hold securities in street name owned by the Investment Account(s), collect dividend and interest payments, redeem maturing securities and effect receipt and delivery following purchase and sales. The custodian will also perform regular accounting of all assets owned, purchased, or sold, as well as movement of assets into and out of the Investment Account(s).

4. Additional specialists such as attorneys, auditors, actuaries, and others may be authorized by the Council to assist in meeting its responsibilities and obligations to administer the Investment Account(s) assets prudently.

The Council will not reserve any control over investment decisions, with the exception of specific limitations described in these statements. Managers will be responsible and accountable to achieve the objectives herein stated. While it is not believed that the limitations will hamper investment managers, each manager should request modifications which they deem appropriate.

If such experts employed are also deemed to be fiduciaries, they must acknowledge such in writing. All expenses for such experts must be customary and reasonable, and will be borne by the Investment Account(s) as deemed appropriate and necessary.

DEFINITIONS

1. "Investment Account(s)" shall mean the Pueblo de San Ildefonso Investment Account(s).

2. "Council" shall refer to the Council of the Pueblo de San Ildefonso that governs the Investment Account(s) as specified by the Pueblo.

3. "Investment Committee" shall refer to the committee established by this Investment Policy and comprised of three (3) members. These members include Governor, Controller, and Tribal Administrator or their designee.

4. "Fiduciary" shall mean any individual or group of individuals that exercise discretionary authority or control over fund management or any authority or control over management, disposition or administration of the Investment Account(s) assets.

5. "Agreement" shall mean the Pueblo de San Ildefonso Governing Agreement.

6. "Investment Manager" shall mean any individual, or group of individuals, employed to manage the investments of all or part of the Investment Account(s) assets.

7. "Securities" shall refer to the marketable investment securities which are defined as acceptable in this Statement.

8. "Investment Horizon" shall be the time period over which the investment objectives, as set forth in this Statement are expected to be met. The investment horizon for the Investment Account(s) is 5 years.

ASSIGNMENT OF RESPONSIBILITY

Responsibility of the Investment Committee

The Investment Committee's role is a working committee for the purpose of making recommendations to the Council. The Investment Committee is charged with the following responsibilities.

1. Review and recommend changes to the investment policy, if necessary.

2. Meet quarterly, or as needed, to deliberate such topics as economic outlook, portfolio diversification, potential risks and target a rate of return for the investment account(s).

3. Provide quarterly reports to the Council summarizing the activity of the Investment Account(s) and compare the performance of the Investment Account(s) to indices and to other investment managers with a similar investment style.

4. Review the investment history of the Investment Account(s) and make recommendations to the Council.

5. Make recommendations to the Council on the selection and retention of the investment manager and other professional experts subject to authorization by the Council.

Responsibility of the Investment Manager

The Investment Manager must acknowledge in writing its acceptance of responsibility as a fiduciary. The Investment Manager will have full discretion to make all investment decisions for the assets placed under its jurisdiction, while observing and operating within all policies, guidelines, constraints and philosophies as outlined in this Statement. Specific responsibilities of the Investment Managers include:

1. Discretionary investment management including decisions to buy, sell or hold individual securities and to alter asset allocation within the guidelines established in this Policy.

2. Reporting, on a timely basis, quarterly investment performance results to the Governor and Council through the Lt. Governor.

3. Communicating to the Governor and Council, through the Lt. Governor, any major changes to economic outlook, investment strategy, or any other factors which affect implementation of investment process, or the investment objective progress of the Investment Account(s)'s investment management.

4. Informing the Governor and Council, through the Lt. Governor, regarding any qualitative change to the investment management organization. Examples include changes in portfolio management personnel, ownership structure, investment philosophy, etc.

GENERAL INVESTMENT PRINCIPLES

(a) Investments shall be made solely in the interest of the Pueblo de San Ildefonso.

(b) The Account(s) shall be invested with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent man acting in like capacity and familiar with such matters would use in the investment of a fund of like character and with like aims.

(c) Investment of the Account(s) shall be diversified as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so.

(d) The Council may employ one or more investment managers of varying styles and philosophies to attain the Account(s)'s objectives.

(e) Cash is to be employed productively at all times, by investment in short term cash equivalents to provide safety, liquidity and return.

INVESTMENT MANAGEMENT POLICY

1. Preservation of Capital – Consistent with their respective investment styles and philosophies, investment managers should make reasonable efforts to preserve capital, understanding that losses may occur.

2. Risk Aversion – Understanding that risk is present in all types of securities and investment styles, the Council recognizes that some risk is necessary to produce long-term investment results that are sufficient to meet the Investment Account(s)'s objectives. However, the investment managers are to make reasonable efforts to control risk, and will be evaluated regularly to ensure that the risk assumed is commensurate with the given investment style and objectives.

3. Adherence to Investment Discipline – Investment managers will be expected to adhere to the investment management styles for which they were hired. Managers will be evaluated regularly for adherence to investment discipline.

INVESTMENT OBJECTIVES

In order to meet its needs, the investment strategy of the Pueblo is to emphasize total return; that is, the aggregate return from capital appreciation and dividend and interest income.

SPECIFIC INVESTMENT GOALS

Over the investment horizon established in this Statement, it is the goal of the aggregate Investment Account(s) assets to exceed an absolute annualized, return of 5%, over a market cycle of 5 years unless the Tribe hires an additional investment manager(s) with a different investment style of investments.

The investment goal above is the objective of the aggregate Investment Account(s), and is not meant to be imposed on each investment account (if more than one account is used). The goal of the investment manager, over the investment horizon, shall be to:

1. Meet or exceed the market index, or blended market index, selected and agreed upon by the Investment Committee that most closely corresponds to the style of the investment manager.

2. Display an overall level of risk in the portfolio which is consistent with the risk associated with the benchmark specified above. Risk will be measured by the standard deviation of quarterly returns.

Specific investment goals and constraints for each investment manager, if any, shall be incorporated as part of this Statement of Investment Policy. The manager shall receive a written statement outlining his/her specific goals as they differ from those objectives of the entire Investment Account.

DEFINITION OF RISK

The Council realizes that there are many ways to define risk. The Council believes that any person or organization involved in the process of managing the Pueblo's assets understands how the Pueblo defines risk so that the assets are managed in a manner consistent with the Investment Account(s)'s objectives and investment strategy as defined in this statement of investment policy. The Council defines risk as:

The probability of not meeting the Investment Account(s)'s objectives.

LIQUIDITY

To minimize the possibility of a loss caused by the need to liquidate securities, the Governor will periodically provide investment managers with an estimate of expected net cash flow. The Governor will notify the investment manager in a timely manner, to allow sufficient time for the money manager to build up necessary liquid reserves. The Governor will inform the Council through the Lt. Governor, of the cash flow need estimate provided to the Investment Manager(s).

To maintain the ability to deal with unplanned cash requirements that might arise, the Council prefers that a minimum of 1% of Investment Account(s) assets shall be maintained in cash of cash equivalents, including money market funds or short-term U.S. Treasury bills.

MARKETABILITY OF ASSETS

The Council requires that all Investment Account(s) assets be invested in liquid securities, defined as securities that can be transacted quickly and efficiently for the Investment Account(s), with minimal impact on market price.

INVESTMENT GUIDELINES

Allowable Assets

1. Cash Equivalents

• Treasury Bills
• Money Market Funds
• STIF (Short-Term Interest Funds)
• Certificates of Deposit

2. Equities

• Common Stocks
• Convertible Notes and Bonds
• Convertible Preferred Stocks
• Exchange Traded Funds (ETFs)
• American Depository Receipts (ADRs)

Derivative Investments

Derivative securities are defined as synthetic securities whose price and cash flow characteristics are based on the cash flows and price movements of other underlying securities. Most derivative securities are derived from equity of fixed income securities and are packaged in the form of options, futures, CMOS (PAC bonds, IO's, PO's, residual bonds, etc.), and interest rate swaps, among others.

The Council feels that many derivative securities are relatively new and therefore have not been observed over multiple economic cycles. Due to this uncertainty, investment in derivative securities shall not be permitted.

Stock Exchanges

To ensure marketability and liquidity, investment advisors will execute equity transactions through the following exchanges: New York Stock Exchange; American Stock Exchange; NASDAQ over-the-counter market; and the major Canadian Exchanges.

Prohibited Assets

Prohibited Investments include, but are not limited to the following:

1. Commodities and Futures Contracts

2. Private Placements

3. Options

4. Unlisted Limited Partnerships

5. Venture-Capital Investments

6. Interest-Only (10), Principal-Only (PO), and Residual Tranche CMOS of CDOS

7. Foreign Debt Instruments

Prohibited Transactions

Prohibited Transactions include, but are not limited to the following:

1. Short Selling

2. Margin Trading

Asset Allocation Guidelines

Investment Management of the assets of the Pueblo Investment Account(s) shall be in accordance with the following asset allocation guidelines:

1. Aggregate Investment Account(s) Asset Allocation Guidelines (at market value)

2. The Council may employ investment managers whose investment disciplines require investment outside the established asset allocation guidelines. However, taken as a component of the aggregate Investment Account(s), such disciplines must fit within the overall asset allocation guidelines established in this Policy. Such investment managers will receive written direction from the Investment Committee regarding specific objectives and guidelines.

3. In the event that the above aggregate asset allocation guidelines are violated, for reasons

including but not limited to market price fluctuations, the Investment Committee will instruct the Investment Manager(s) to bring the portfolio(s) into compliance with these guidelines as promptly and prudently as possible. In addition, in the event that any individual Investment Manager's portfolio is in violation with its specific guidelines, for reasons including but not limited to market price fluctuations, the Council expects that the Investment Manager will bring the portfolio into compliance with these guidelines as promptly and prudently as possible without instruction from the Governor or Council.

Diversification for Investment Managers

It is not necessary or desirable that securities held in the Investment Account(s) represent a cross section of the economy. However, in order to achieve a prudent level of portfolio diversification for the Investment Account(s), the following allocation limitations will be imposed:

Equity: Sector of Industry Group allocations is limited to a current market value of 35% of the Account(s). The current market value of any one equity security is limited to 15% of any single segregated manager's portfolio. These allocation limitations pertain to each separately managed portfolio.

Guidelines for Cash Equivalents

Money Market Funds selected shall contain securities whose credit rating at the absolute minimum would be rated investment grade by Standard and Poor's, and/or Moody's.

SELECTION OF INVESTMENT MANAGERS

The recommendation of Investment Manager(s) by the Governor and approval by the Council must be based on prudent due diligence procedures. A qualifying investment manager must be a registered investment advisor under the Investment Advisors Act of 1940, or a bank or insurance company. The Council requires that each investment manager provide, in writing, acknowledgement of fiduciary responsibility to the Pueblo.

INVESTMENT MANAGER PERFORMANCE REVIEW AND EVALUATION

Performance reports generated by the Manager(s) shall be compiled at least quarterly and communicated to the Governor, and Council through the Lt. Governor, for review. The investment performance of the total Account(s), as well as each individual manager, will be measured against commonly accepted performance benchmarks. Consideration shall be given to the extent to which the investment results are consistent with the investment objectives, goals and guidelines as set forth in this Statement. The Governor and Council intend to evaluate the portfolio(s) over a 3 year period, but reserve the right to terminate a manager for any reason including the following:

1. Investment performance which is significantly less than anticipated given the discipline employed and the risk parameters established, or unacceptable justification of poor results.

2. Failure to adhere to any aspect of this Statement of Investment Policy, including communication and reporting requirements.

3. Significant qualitative changes to the investment management organization.

Investment managers shall be reviewed regularly regarding performance, personnel, strategy, research capabilities, organizational and business matters, and other qualitative factors that may impact their ability to achieve the desired investment results.

AMENDMENT

The Council may amend this Statement of Investment Policy at any time upon majority vote of the Council, and in accordance with the requirements of the Agreement.

PUEBLO DE SAN ILDEFONSO

HIGH INCOME (SHORT-TERM) INVESTMENT PORTFOLIO

SPENDING POLICY

In order to provide resources which may be needed to support the Pueblo de San Ildefonso and to allow for growth of the portfolio over time, the Council hereby establishes the following guidelines:

1. Only interest, dividends or market gains may be used.

2. Not more than 100% of the dividends, interest, and gains over the preceding 12 months may be distributed to the Pueblo (withdrawn).

3. The principal may not be withdrawn.

4. Variances to these limits may be made only with the Council's approval. It is the Council's intent that such variances be granted only in case of emergency.

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Part 6.6.5 Investment Advisor Authorization Act

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R16-032, dated December 22, 2016.

6.6.5.010 Findings

(a) The Pueblo maintains investment accounts with an investment advisor, San Francisco Sentry, containing significant funds for future needs of the Pueblo and to provide security for unforeseen circumstances;

(b) San Francisco Sentry makes important decisions regarding the management of the Pueblo's investment accounts and involving complicated securities transactions in a highly regulated environment;

(c) The Council has identified the need to formally reauthorize the contractual relationship with San Francisco Sentry;

(d) The Council hereby enacts the attached law entitled the "Investment Advisor Authorization Act."

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6.6.5.020 Short Title

This enactment shall be known as, the "INVESTMENT ADVISOR AUTHORIZATION ACT" ("Act").

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6.6.5.030 Purpose

The purpose of the Act is to formally reauthorize the engagement of San Francisco Sentry as the Pueblo's investment advisor.

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6.6.5.040 Findings

The Council hereby finds and declares that:

(a) The Pueblo maintains investment accounts with an investment advisor, San Francisco Sentry, containing significant funds for the future needs of the Pueblo and to provide security for unforeseen circumstances;

(b) San Francisco Sentry makes important decisions regarding the management of the Pueblo's investment accounts and involving complicated securities transactions in a highly regulated environment;

(c) The Council has identified the need to formally reauthorize the engagement of San Francisco Sentry in accordance with the requirements of the Pueblo's Governing Agreement and laws.

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6.6.5.050 Authorization for San Francisco Sentry

(a) The Council hereby authorizes the Pueblo to continue to obtain the services of San Francisco Sentry as the Pueblo's investment advisor;

(b) The Council hereby authorizes the Governor to negotiate and execute a contract with San Francisco Sentry on substantially the same terms currently in effect and on a sole-source basis due to their long-term relationship with the Pueblo.

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Part 6.6.6 Investment Fund Protection

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R16-033, dated December 22, 2016.

6.6.6.010 Findings

(a) The Pueblo maintains investment accounts with an investment firm with such accounts containing significant funds for future needs of the Pueblo and to provide security for unforeseen circumstances;

(b) The investment firm makes important decisions regarding the management of the Pueblo's investment accounts and involving complicated securities transactions in a highly regulated environment;

(c) The Council has identified the need to provide additional protections and monitoring of the Pueblo's investment accounts through regular, professional monitoring of the transactions involving the Pueblo's funds.

(d) The Council hereby enacts the attached law entitled the "Investment Fund Protection Act."

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6.6.6.020 Short Title

This enactment shall be known as, the "INVESTMENT FUND PROTECTION ACT ("Act")."

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6.6.6.030 Purpose

The purpose of the Act is to provide the Pueblo with additional protection for the Pueblo's investment accounting by authorizing the Governor to contract with a highly qualified professional company to provide ongoing monitoring services of the Pueblo's investment accounts, and to report the findings directly to the Governor and Council.

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6.6.6.040 Findings

The Council hereby finds and declares that:

(a) The Pueblo maintains investment accounts with an investment advisor, San Francisco Sentry, containing significant funds for the future needs of the Pueblo and to provide security for unforeseen circumstances;

(b) San Francisco Sentry makes important decisions regarding the management of the Pueblo's investment accounts and involving complicated securities transactions in a highly regulated environment;

(c) The Council has identified the need to provide additional protections and monitoring of the Pueblo's investment accounts through regular, professional monitoring of the transactions involving the Pueblo's funds;

(d) The Council and Executive Branch officials have identified a highly qualified portfolio monitoring company, Portfolio Monitoring, LLC, that provides specialized and cost-effective services to protect the Pueblo's sizeable accounts maintained at San Francisco Sentry;

(e) The Council has determined that the use of a small fraction of the investment funds, approximately $55,000, to provide additional protection to the Pueblo's sizeable investment fund is cost-effective and fulfills its fiduciary duty owed to the members of the Pueblo.

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6.6.6.050 Authorization for Portfolio Monitoring, LLC

(a) The Council hereby authorizes the Pueblo to obtain the services of Portfolio Monitoring, LLC, to provide professional monitoring services of the Pueblo's investment accounts, and to report their written findings to the Pueblo.;

(b) The Council hereby authorizes the Governor to negotiate and execute a contract with Portfolio Monitoring, LLC, in substantially the same form as proposed and on a sole-source basis due to their highly specialized securities monitoring services and extensive experience;

(c) The Council hereby authorizes the Governor to utilize funds from the investment accounts to provide a reasonable retainer for the portfolio monitoring services as an expense of maintaining the investment accounts;

(d) Portfolio Monitoring, LLC, shall provide written reports on a least a quarterly basis of their findings and services directly to the Governor and Council.

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Part 6.6.7 Commitment to Develop and Implement an Asset Management Plan

6.6.7.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo") is a sovereign and self-governing Tribe, recognized as such by the United States of America, with the authority to govern its people, lands and other resources.

(b) The Pueblo provides water and wastewater services to residences in the three housing areas of the Pueblo (Pueblo Center, Northeast and Northwest) and operates and maintains said systems.

(c) The Pueblo intends to undertake acquisition, construction and improvement of the wastewater system for the benefit of the community and its citizens.

(d) The Pueblo recognizes an Asset Management Plan is a dynamic tool and asset management planning is an ongoing effort by service providers to improve system maintenance, identify and prioritize repairs and/or replacement, and meet system users' demands.

(e) The Pueblo has authorized the development and implementation of a San Ildefonso Asset Management Team to advise and assist the Pueblo tribal government in the development and recommendations of project proposals for future planning, design, and construction of Infrastructure Project(s).

(f) The Pueblo has initiated asset management planning with Asset Inventories of the community water and wastewater systems, roads, irrigation, gas, electrical, telephone and fiber optic lines.

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6.6.7.020

(a) The Pueblo de San Ildefonso is fully committed to complete and implement within three years an Asset Management Plan in accordance with the principles of A.M. Kan Work.Association which identify:

(1) The current state of the assets.

(2) The desired level of service.

(3) Assets that are critical to sustained performance.

(4) The best life cycle cost.

(5) The long-term funding strategy.

(b) The Pueblo has identified Terry Aguilar as the Project Manager. Terry Aguilar and the Pueblo continue to develop an internal team that will be assembled to develop and implement the Asset Management Plan (AMP). The Sanitation and Facilities Department, Natural Resources Department and Department of Environmental and Cultural Preservation will be involved in the development of the AMP.

(c) An Asset Management IQ test, per the EFC manual, will be completed within a year, as part of the AMP implementation.

(d) A preliminary schedule for implementation of the Pueblo de San Ildefonso's AMP is identified below.

(e) 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.

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Part 6.6.8 Investment Funds Management Act of 2017

6.6.8.010 Short Title

This enactment shall be known as, "INVESTMENT FUNDS MANAGEMENT ACT OF 2017 ("Act")."

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6.6.8.020 Purpose

The purpose of this Act is to authorize the Governor to transfer the Pueblo's reserve funds into new investments accounts, and to authorize the Governor, in consultation with the Controller and other experts, to develop and adopt new investment policies for the new accounts.

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6.6.8.030 Findings

The Council hereby finds and declares that:

(a) The Pueblo has operated its government in a fiscally prudent manner and has, over the years, developed a sizeable investment fund for the benefit of the Pueblo's long-term financial health.

(b) The Pueblo recently conducted an in-depth review of the investment fund and the practices of the current investment advisor, San Francisco Sentry, and has discovered several weaknesses in the investment practices of the Pueblo.

(c) The current investment practices expose the Pueblo's reserve fund to unnecessary risks based on the volatility of the stock market and the lack of diversification.

(d) The transfer of Pueblo's reserve funds into different investment accounts, each bearing a different level of risk, will reduce the level of risk of loss of the Pueblo's funds.

(e) Based on the advice of an independent expert, the investment policies that guide the practices of the investment advisors should be revised to reflect a more realistic approach towards reaching the investment goals of the Pueblo.

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6.6.8.040 Authorization of Transfer of Funds and the Adoption of New Investment Policies

(a) The Council hereby authorizes the Governor to negotiate and execute contracts with new investment companies for the purpose of opening new accounts for the investment of the Pueblo's funds ("New Investment Accounts").

(b) The Council hereby authorizes the Governor to grant a limited waiver of the Pueblo's sovereign immunity to the new investment companies for sole purpose of enforcing the contract to allow the company or companies to be paid any amount due for their services under the contract, but for no other purposes.

(c) The Council hereby authorizes and directs the Governor to transfer all funds currently maintained by San Francisco Sentry to the New Investment Accounts.

(d) The Council hereby authorizes and directs the Governor to transfer all uninsured funds maintained at the Los Alamos National Bank to the New Investment Accounts.

(e) The Council hereby repeals Section 6.3 (Long-term Investment Policy) and Section 6.4 (Short-term Investment Policy) of Title VI, Chapter 1 of the Code.

(f) The Council hereby authorizes and directs the Governor to develop and adopt new investment policies, based on the recommendations of the Controller and other experts provided, that the Governor shall provide the Council with a copy of the new policies within thirty days of adoption.

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Part 6.6.9 Authorizing the Pueblo de San Ildefonso to Direct the Department of Interior, Office of Special Trustee, to Invest Funds Allocated by the Aamodt Settlement Act

6.6.9.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America.

(b) The voters of the Pueblo approved a Governing Agreement ("Agreement") for the Pueblo on November 19, 2011, and the Bureau of Indian Affairs approved the Agreement on December 21, 2011, pursuant to Federal law.

(c) The Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement.

(d) The Council is vested with the exercise of all governmental functions of the Pueblo; with the power, authority and responsibility for the health, safety and welfare of all tribal members and the community; and for the overall direction and policy of the Pueblo.

(e) By Tribal Council Resolution No. SI-R12-035, the Council approved the Aamodt Settlement Agreement and on March 14, 2013, the Pueblo executed the Settlement Agreement.

(f) Congress approved the Aamodt Settlement Agreement by enactment of the Aamodt Litigation Settlement Act as part of the Claims Resolution Act of 2010, Public Law No. 11-291, Title VI, sections 601 through 626 ("Settlement Act" of "Act").

(g) The Settlement Act authorizes and directs the United States Bureau of Reclamation ("Reclamation") to design and construct the Pojoaque Basin Regional Water System ("Regional Water System") to provide a firm, reliable water supply to the Pueblo de San Ildefonso, the Pueblo of Nambe, the Pueblo of Pojoaque, and the Pueblo of Tesuque (collectively "Pueblos") and customers of the Santa Fe County ("County") portion of the Regional Water System.

(h) The Settlement Act directs that upon completion of construction as defined by the Act, Reclamation shall transfer the Pueblo Water Facilities (as defined by the Act) to the individual Pueblos; the County Distribution System (as defined by the Act) of the Regional Water System to the County and the joint facilities serving both Pueblo and County customers to the Regional Water Authority established pursuant to the Joint Powers Agreement among the Pueblos and the County.

(i) The Settlement Act authorized and appropriated $5,000,000.00 for the interim operation and maintenance of the Regional Water System by Reclamation prior to the conveyance of the respective portions of the Regional Water System to the Pueblos, the County, and the Regional Water Authority.

(j) The Settlement Act authorized and appropriated $37,500,000.00 to the Aamodt Settlement Pueblos' Fund for the purpose of providing a fund to the Pueblos for purposes of costs incurred by the Pueblos related to operation, maintenance and replacement costs associated with the Pueblo Water Facilities and the Regional Water System.

(k) The funds authorized and appropriated are currently held in federal overnight accounts by the Office of the Special Trustee, such accounts earning nominal rates of interest.

(l) The funds of $5,000,000.00 appropriated for use by Reclamation to operate and maintain the Regional Water System until conveyance will not be required until at least 2021; and the funds authorized for and appropriated to the Aamodt Settlement Pueblos' Fund will not be needed until at least 2021.

(m) The Office of the Special Trustee has requested the Pueblos consider allowing the Special Trustee to invest such funds in a manner that would allow a higher rate of return than the federal overnight account until such funds are needed by Reclamation to operate and maintain the Regional Water System prior to conveyance and by the Pueblos for operation, maintenance and replacement of the Pueblo Water Facilities and Regional Water System after conveyance.

(n) The Pueblos are in agreement that the funds should be invested in a manner which will allow a higher rate of return until such funds are needed by Reclamation for operation and maintenance of the Regional Water System prior to conveyance and by the Pueblos as provided for and directed by the Act.

(o) It would be in the best interest of the Pueblo to direct the Special Trustee to allow the funds to be invested in a manner to allow a higher rate of return than that provided by the federal overnight account.

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6.6.9.020

The Pueblo de San Ildefonso Tribal Council authorizes the Governor of the Pueblo to take all actions necessary to allow the funds of $5,000,000.00 and $37,500,000.00 authorized and appropriated by the Settlement Act and held by the Office of the Special Trustee to be invested in a manner to allow a higher rate of return than that provided by the federal overnight account for a period up to five years or as otherwise directed by the Pueblos.

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Part 6.6.10 Authorizing a Contract Extension with Portfolio Monitoring, LLC, for Investment Fund Protection

6.6.10.010 Short Title

This enactment shall be known as, "AUTHORIZING A CONTRACT EXTENSION WITH PORTFOLIO MONITORING, LLC, FOR INVESTMENT FUND PROTECTION."

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6.6.10.020 Purpose

The purpose of the Act is to provide the Pueblo with additional protection for the Pueblo's investment accounting by authorizing the Governor to extend the current contract with a highly qualified professional company, Portfolio Monitoring, LLC, to provide ongoing monitoring services of the Pueblo's investment accounts, and to report the findings directly to the Governor and Council.

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6.6.10.030 Findings

The Council hereby finds and declares that:

(a) The Pueblo maintains investment accounts with investment advisors containing significant funds for the future needs of the Pueblo and to provide security for unforeseen circumstances; and

(b) The investment advisors make important decisions regarding the management of the Pueblo's investment accounts and involving complicated securities transactions in a highly regulated environment; and

(c) The Council has identified the need to continue to provide additional protections and monitoring of the Pueblo's investment accounts through regular, professional monitoring of the transactions involving the Pueblo's funds; and

(d) The Council and Executive Branch officials have identified a highly qualified portfolio monitoring company, Portfolio Monitoring, LLC, that provides specialized and cost-effective services to protect the Pueblo's sizeable accounts maintained at the investment firms; and

(e) The Council has determined that the use of a fraction of the investment funds to provide additional protection to the Pueblo's sizeable investment fund is cost-effective and fulfills its fiduciary duty owed to the members of the Pueblo.

(f) The Pueblo has utilized the services of Dr. Hugh Cohen of Portfolio Monitoring, for at least four years, to oversee and monitor the sizeable investment funds and portfolio of the Pueblo; and

(g) The services provided by Portfolio Monitoring, LLC helped lower the Pueblo's financial risks and protect the Pueblo's portfolio from significant losses during the recent volatility in the markets caused by the uncertainty surrounding the COVID-19 pandemic; and

(h) The services provided by Portfolio Monitoring, LLC have also helped the Pueblo earn significant additional revenue while reducing risks; and

(i) The Council finds it in the best interest of the Pueblo to authorize the continuation of services provided by Portfolio Monitoring, LLC to the Pueblo.

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6.6.10.040 Authorization for Portfolio Monitoring, LLC

(a) The Council hereby authorizes the Governor to negotiate and execute a contract for the continuation of services provided by Portfolio Monitoring, LLC, to provide professional monitoring services of the Pueblo's investment accounts and to report their written findings to the Council, Governor, and Investment Committee; and

(b) The Council hereby authorizes the Governor to negotiate and execute a contract with Portfolio Monitoring, LLC on a sole-source basis due to their highly specialized securities monitoring services and extensive experience.

(c) The Council hereby authorizes the Governor to utilize funds from the investment accounts to obtain the portfolio monitoring services as an expense of maintaining the investment accounts; and

(d) Portfolio Monitoring, LLC, shall provide written reports on a least a quarterly basis of their findings and services directly to the Governor and Council.

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Part 6.6.11 Authorization of an Investment Advisory and Brokerage Account Agreement for Financial Services and Limited Waiver of Sovereign Immunity

6.6.11.010 Short Title

This enactment shall be known as the "AUTHORIZATION OF AN INVESTMENT ADVISORY AND BROKERAGE ACCOUNT AGREEMENT FOR FINANCIAL SERVICES AND LIMITED WAIVER OF SOVEREIGN IMMUNITY."

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6.6.11.020 Purpose

The purpose of this Act is to authorize the Governor to negotiate and sign a necessary agreement with a national financial services firm ("Firm") and to approve a limited waiver of the Pueblo's sovereign immunity for enforcement of the agreement through arbitration, if required.

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6.6.11.030 Findings

The Council hereby finds and declares that:

(a) The Pueblo de San Ildefonso possesses sovereign immunity from suit and the Council is authorized to decide by law how the Pueblo's sovereign immunity may be waived and in what courts suit may be brought against the Pueblo; and

(b) The Pueblo wishes to procure professional financial services from a Firm for services

related to the Pueblo's investment funds; and

(c) Some investment advisory and brokerage account documents may contain a requirement that the Pueblo waive its sovereign immunity from suit in order to enforce the terms of the agreement through arbitration; and

(d) It is in the best interest of the Pueblo to authorize the Governor to negotiate and sign any required document with a Firm and to waive the Pueblo's sovereign immunity to enforce such agreements, subject to specific requirements.

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6.6.11.040 Authorization

(a) The Council hereby authorizes and directs the Governor to enter into a contract with one Firm, which shall be subject to termination by the Tribe at any time, and to negotiate and sign necessary investment advisory and brokerage account documents with the Firm for the Pueblo's investment funds, including on a sole-source basis to obtain highly specialized investment services and extensive experience.

(b) The Governor is authorized to waive the Pueblo's sovereign immunity from suit for the limited and sole purpose of arbitration of any claims brought under and in accordance with the terms of an agreement with a Firm.

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Part 6.6.12 Authorization of Investment Account Drawdown

6.6.12.010 Short Title

This enactment shall be known as the "AUTHORIZATION OF INVESTMENT ACCOUNT DRAWDOWN."

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6.6.12.020 Purpose

The purpose of this Act is to authorize the Governor to drawdown funds from the Investment Account(s) maintained by the Pueblo to supplement shortfalls for Pueblo Projects.

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6.6.12.030 Findings

The Council hereby finds and declares that:

(a) the Pueblo maintains an investment account to generate income that can be used to meet the needs of the Pueblo and the People; and,

(b) the Pueblo has hired a professional advisor to assist with oversight of the investment account to reduce the Pueblo's risks in investments while also earning a reasonable income from the investments; and,

(c) the Pueblo has realized significant gains over the last several years in the investment account, which has grown over time, even though the market and the investment account have recently decreased; and,

(d) the Pueblo has exercised restraint over the years by withdrawing funds from the investment account on a limited basis so that the account can grow over time; and,

(e) the Council, in consultation with the Governor, has identified the need to supplement the

Pueblo's current operating budget due to a shortfall in revenue for unforeseen Pueblo Projects, and has determined that funds held in reserve in the investment account are needed to address the shortfall.

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6.6.12.040 Authorization

The Council hereby authorizes and directs the Governor to drawdown no more than one million five hundred thousand dollars ($1,500,000) from the Pueblo's short-term fixed income investment account(s) to supplement the current annual budget of the Pueblo; provided that the expenditure of these funds shall be subject to approval of a Budget Modification.

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Chapter 6.7 Personnel Policies

Part 6.7.1 Personnel Policy Manual Clarification Act

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R17-003, dated March 3, 2017.

6.7.1.010 Findings

(a) Prior to the adoption of the Governing Agreement in December 2011, the Tribal Council approved a Personnel Policy Manual governing the employment rights and practices for employees of the Pueblo;

(b) In March 2012, after the adoption of the Governing Agreement, the Council reaffirmed its approval of the Personnel Policy Manual for the Pueblo by enacting Resolution No. SI-R12-015;

(c) In July 2016, the Governor unilaterally amended the Personnel Policy Manual by issuing a memo announcing that the Personnel Policy Manual "…has been amended…" by altering Section 411 to decrease the number of days employees may take administrative leave, and by altering the process for obtaining administrative leave;

(d) On February 3, 2017, the Governor issued an "Executive Order" declaring the Personnel Policy Manual enacted by the Council "null and void" and attempting to unilaterally adopt a new "Personnel Policy Manual 2017 Edition;"

(e) On February 27, 2017, the Governor issues a memo rescinding the "Executive Order" leaving the original Personnel Policy Manual in place.

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6.7.1.020 The Council hereby enacts the attached law entitled, "PERSONNEL POLICY MANUAL CLARIFICATION ACT."

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6.7.1.030 Short Title

This enactment shall be known as, "PERSONNEL POLICY MANUAL CLARIFICATION ACT" ("Act").

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6.7.1.040 Purpose

The purpose of this Act is to reaffirm the Personnel Policy Manual as originally approved by the Council as the law of the Pueblo and to clarify that the Council, not the Governor, is vested with the authority, under the Governing Agreement, to enact and amend the laws of the Pueblo.

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6.7.1.050 Findings

The Council hereby finds and declares that:

(a) Prior to the adoption of the Governing Agreement in December 2011, the Tribal Council approved a Personnel Policy Manual governing the employment rights and practices for employees of the Pueblo;

(b) In March 2012, after the adoption of the Governing Agreement, the Council reaffirmed its approval of the Personnel Policy Manual for the Pueblo by enacting Resolution No. SI-R12-015;

(c) In July 2016, the Governor unilaterally amended the Personnel Policy Manual by issuing a memo announcing that the Personnel Policy Manual "…has been amended…" by altering Section 411 to decrease the number of days employees may take administrative leave, and by altering the process for obtaining administrative leave;

(d) On February 3, 2017, the Governor issued an "Executive Order" declaring the Personnel Policy Manual enacted by the Council "null and void" and attempting to unilaterally adopt a new "Personnel Policy Manual 2017 Edition."

(e) On February 27, 2017, the Governor issues a memo rescinding the "Executive Order" leaving the original Personnel Policy Manual in place;

(f) It is in the best interest of the Pueblo and its employees to reaffirm and clarify that the Council, not the Governor, is vested with the power to enact and modify the laws of the Pueblo including the Personnel Policy Manual.

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6.7.1.060 Reaffirmation of the Personnel Policy Manual as Pueblo Law

(a) Pursuant to the Agreement, THE GOVERNMENT – Section 5, the Council is vested with the authority to enact laws for the Pueblo, and the Council has previously reaffirmed the enactment of the Personnel Policy Manual as the law of the Pueblo when it passed Resolution No. SI-R12-015.

(b) The Council again reaffirms its enactment of the Personnel Policy Manual as the law of the Pueblo, and clarifies that the Council, not the Governor, is vested with the authority to modify the Personnel Policy Manual.

(c) The Governor is prohibited from modifying or amending the Personnel Policy Manual by memo, Executive Order, or otherwise.

(d) The unilateral changes to Section 411 of the Personnel Policy Manual allegedly made by the Governor pursuant to his memo dated July 7, 2016, and the new "Personnel Policy Manual 2017 Edition" allegedly approved by the Governor by Executive Order, are hereby repealed, the Governor's decision to rescind the "2017 Edition" of the Personnel Policy Manual is hereby acknowledged, and the original Personnel Policy Manual including the original Section 411 as approved and reaffirmed by the Council shall remain in full force and effect.

(e) The Council invites the Governor to offer and propose suggested amendments to the Personnel Policy Manual at any time for consideration by the Council.

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6.7.1.070 Short Title

This enactment shall be known as the "PERSONNEL POLICY MANUAL APPROVAL ACT OF 2021."

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6.7.1.080 Purpose

The purpose of this Act is to approve amendments to the Personnel Policy Manual.

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6.7.1.090 Findings

The Council hereby finds and declares that:

(a) In 2012, the Council reaffirmed the Personnel Policy Manual that had existed for many years to govern the employment practices of the Pueblo; and

(b) In 2017, the Council enacted the Personnel Policy Manual Clarification Act to, again, reaffirm the existing Personnel Policy Manual, and to clarify that the Council is vested with the authority to approve any future modifications to the Manual and that the Governor is prohibited from making changes to the Manual by Executive Order; and

(c) The Governor and Council have identified the need to make improvements to the Personnel Policy Manual, and over the course of several years, proposed modifications to the Manual have been developed, circulated, and reviewed by multiple officials of the Pueblo.

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6.7.1.100 Approval

The Council hereby approves and enacts the attached Personnel Policy Manual.

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6.7.1.110 Short Title

This enactment shall be known as the "PERSONNEL POLICY MANUAL AMENDMENTS OF 2022."

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6.7.1.120 Purpose

The purpose of this Act is to approve amendments of the Personnel Policy Manual.

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6.7.1.130 Findings

The Council hereby finds and declares that:

(a) In 2012, the Council reaffirmed the Personnel Policy Manual that had existed for many years to govern the employment practices of the Pueblo.

(b) In 2017, the Council enacted the Personnel Policy Manual Clarification Act to, again, reaffirm the existing Personnel Policy Manual, and to clarify that the Council is vested with the authority to approve any future modifications to the Manual and that the Governor is prohibited from making changes to the Manual by Executive Order.

(c) The Governor and Council have identified the need amend and improve the Personnel Policy Manual, and over the course of several years, proposed modifications to the Manual have been developed, circulated, and reviewed by multiple officials of the Pueblo.

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6.7.1.140 Approval

The Council hereby approves and enacts the attached Personnel Policy Manual amendments.

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Part 6.7.2 Adopting the Pueblo de San Ildefonso Conflict of Interest Policy

6.7.2.010 Short Title

This enactment shall be known as the "ADOPTING THE PUEBLO DE SAN ILDEFONSO CONFLICT OF INTEREST POLICY ACT."

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6.7.2.020 Purpose

The purpose of this Act is adopt a conflicts of interest policy for the Pueblo relating to planned or potential transactions with the Pueblo.

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6.7.2.030 Definitions

(a) "Act" means "Adopting the Pueblo de San Ildefonso Conflict of Interest Policy Act.

(b) "Conflict of Interest Policy" means the Pueblo de San Ildefonso Conflict of Interest Policy. Also "Policy."

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

(e) "USDA-RD" means the United States Department of Agriculture – Rural Development.

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6.7.2.040 Findings

The Council hereby finds and declares that:

(a) The Pueblo de San Ildefonso ("Pueblo") has received a grant for infrastructure improvement from the USDA-RD; and

(b) The USDA-RD requires that the Pueblo have a conflict of interest policy in place relating to planned or potential transactions with the Pueblo as part of the grant requirements; and

(c) The Pueblo has some provisions relating to conflicts of interest in the Accounting Policies and Procedures Manual but the Pueblo should have a more comprehensive policy; and

(d) The Council reviewed and considered the attached "Pueblo de San Ildefonso Conflict of Interest Policy and has determined it is in the best interests of the Pueblo to adopt a comprehensive conflict of interest policy.

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6.7.2.050 Authorizations

(a) The Council hereby adopts the Pueblo de San Ildefonso Conflict of Interest Policy.

(b) The Governor is authorized to make any non-substantive changes to the Addendum as may be needed, provided that the Council is notified of such changes.

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Part 6.7.3 Minimum Wage Act of 2022

6.7.3.010 Short Title

This enactment shall be known as the "MINIMUM WAGE ACT OF 2022."

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6.7.3.020 Purpose

The purpose of this Act is to set a minimum wage for full-time Tribal employees.

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6.7.3.030 Findings

The Council hereby finds and declares that:

(a) Many employers have adopted a minimum wage of $15 per hour for full-time employees.

(b) The cost of living expenses including but not limited to rent, gasoline, food and etc. have significantly increased.

(c) In order to be competitive and provide employees with a sufficient rate of pay, the Council has determined that it is the Pueblo's best interest to establish a standard minimum wage of $15 per hour for full-time employees.

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6.7.3.040 Approval

The Council hereby approves and enacts the standard minimum wage to be effective immediately.

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Part 6.7.4 Second Personnel Policy Manual Amendment of 2022

6.7.4.010 Short Title

This enactment shall be known as the "SECOND PERSONNEL POLICY MANUAL AMENDMENT OF 2022."

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6.7.4.020 Purpose

The purpose of this Act is to approve amendments of the Personnel Policy Manual to add Labor Day to the list of approved holidays recognized by the Pueblo.

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6.7.4.030 Findings

The Council hereby finds and declares that:

(a) In 2012, the Council reaffirmed the Personnel Policy Manual that had existed for many years to govern the employment practices of the Pueblo.

(b) In 2017, the Council enacted the Personnel Policy Manual Clarification Act to, again, reaffirm the existing Personnel Policy Manual, and to clarify that the Council is vested with the authority to approve any future modifications to the Manual and that the Governor is prohibited from making changes to the Manual by Executive Order.

(c) In 2021, the Council enacted the Personnel Policy Manual Approval Act of 2021 to approve amendments to the Personnel Policy.

(d) In 2022, the Council enacted the Personnel Policy Manual Amendments of 2022 to approve several more amendments to the Personnel Policy Manual.

(e) the 2022 proposed amendments to the Personnel Policy Manual included Labor Day as an official holiday; however, the final enacted Manual inadvertently omitted Labor Day as a Holiday; and,

(f) the Governor and Council have identified the need to include Labor Day as an official Holiday of the Pueblo.

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6.7.4.040 Amendment

The Council hereby amends Section VI. TIME OFF, Subsection A. Holidays of the Personnel Policy Manual to include "Labor Day (First Monday in September)" as a paid Holiday.

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Part 6.7.5 Wage and Compensation Authorization Act of 2022

6.7.5.010 Short Title

This enactment shall be known as the "WAGE AND COMPENSATION AUTHORIZATION ACT OF 2022" ("Act").

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6.7.5.020 Purpose

The purpose of this Act is to authorize the Governor to develop and implement a Wage and Compensation Scale for employees of the Pueblo.

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6.7.5.030 Findings

The Council hereby finds and declares that:

(a) employees of the Pueblo provide valuable services to the Pueblo by committing their time and energy, and by fulfilling their job duties and responsibilities, for the benefit of the Pueblo and the People; and,

(b) the Pueblo pays its employees for their service and commitment, although rates of pay and wages have not always been uniform or consistent, including the availability of wage increases based on job performance and longevity; and,

(c) the Council and Governor have been working together to make improvements to the process for determining employee salaries and rates of pay for consistency and fairness purposes; and,

(d) the Council has identified the need authorize and direct the Governor to develop and implement a wage and compensation scale for employees of the Pueblo in order to provide predictability and uniformity in employee compensation for the benefit of both the employees and the Pueblo; and,

(e) as part of the improvements, the Council has determined that appropriate adjustments to position descriptions and job duties should be made to conform to the new wage scale.

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6.7.5.040 Wage Scale

The Council hereby authorizes and directs the Governor to development and implement an equitable wage and compensation scale for the employees of the Pueblo. The Governor shall review the wage and compensation scale every two years and shall make appropriate adjustments as necessary.

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Chapter 6.8 Department of Project Management

Part 6.8.1 Department of Project Management Enabling Act

6.8.1.010 Short Title

This enactment shall be known as the Act, "DEPARTMENT OF PROJECT MANAGEMENT ENABLING ACT ("Act")."

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6.8.1.020 Purpose

The purpose of this Act is to establish the Department of Project Management located within the executive branch of government to assist the Pueblo with the management and administration of important civic projects.

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6.8.1.030 Findings

The Council hereby finds and declares that:

(a) For decades, the Pueblo has faced several complex, large-scale, and historical legal settlements and related projects involving natural resources, land, roads, and water; and

(b) The government administration of the Pueblo has lacked adequate staffing and financial resources to manage these complex matters in-house, and has been forced to seek assistance from outside consultants, attorneys, experts, and managers for a wide variety of matters; and

(c) The Council has determined that it is in the best interests of the Pueblo to establish a Department of Project Management to begin to develop permanent, in-house, institutional knowledge and capacity to oversee these complex matters, particularly the recent roads settlement and related projects, and the pending Aamodt water settlement and related construction projects.

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6.8.1.040 Establishment of the Department of Project Management

The Council hereby establishes the Department of Project Management ("Department"). There shall be one Director of the Department ("Director") who shall oversee and provide general supervision of the Department.

(a) The Governor shall be authorized to select and engage a consultant on an interim basis for no longer than one hundred-eighty (180) days to assist with the establishment and implementation of the Department of Project Management; provided, that the Governor may extend the term of the consultant so long as the Governor provides a written explanation of his decision to the Council. The Governor may temporarily delegate the authority of the Director, in whole or in part, to the consultant who may exercise the authority of the Director of the Department.

(b) The Governor shall take reasonable steps to select and employ a Director of the Department within one hundred-eighty (180) days of the effective date of this Act; provided, that, if a Director is not selected and employed within one-hundred-eighty (180) days, then the Governor shall provide a written explanation to the Council of the steps he has taken to recruit and employ a Director and the outcome of such steps.

(c) Any consultant or Director selected by the Governor shall possess professional qualifications including professional licenses, if any, and shall possess at least five years of substantial experience directing and managing complex civic and infrastructure projects.

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6.8.1.050 General Policy

The Department shall manage and administer any project or projects assigned to the Department by the Governor. The Director shall assist the Pueblo with the unique challenges associated with conducting and managing multiple, overlapping, multi-million dollar, long-term projects. The Director shall identify any overlapping considerations or competing interests between projects, or within a project, in order to promote efficiency and fiscal responsibility. The Director shall provide quarterly, written reports on all assigned projects to the Governor and Council.

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6.8.1.060 Specific Projects

The Department shall provide technical advice and assistance to the Governor regarding the management and administration of: (1) the implementation of the roads settlement involving Santa Fe County, which includes the construction and improvement of miles of roadway; (2) the completion and implementation of the Aamodt water settlement involving three other Pueblos, the State, the Federal government, and others, and which includes the construction and operation of major facilities for the collection and distribution of water; (3) any project assigned by the Governor that is related to the roads settlement or the water settlement such as the proposed construction of a water distribution system, a wastewater treatment plant, a water intake system, and related utility and infrastructure projects

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6.8.1.070 Authorization of Funding

The Council hereby authorizes an amount to be determined for expenditure by the Department, subject to the appropriation of funds in the Annual Budget or a Budget Modification.

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Chapter 6.9 Tewa Language Department

Part 6.9.1 Tewa Language Department Establishment Act

6.9.1.010 Short Title

This enactment shall be known as "TEWA LANGUAGE DEPARTMENT ESTABLISHMENT ACT" ("Act").

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6.9.1.020 Purpose

The purpose of this Act is to establish the Tewa Language Department.

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6.9.1.030 Findings

The Council hereby finds that:

(a) Since time immemorial, the Pueblo has spoken the Tewa language, and through the language, the Pueblo's history, culture, and traditions have been passed from generation to generation; and,

(b) Language is the mind, spirit, and soul of a people, and every effort must be made to protect, preserve, promote, and practice our indigenous, aboriginal language; and,

(c) Language includes the knowledge, wisdom, and energy we possess to ensure our survival; and,

(d) The importance of language as an expression of culture, of who we are as a people, must be upheld by each individual, each family, each community, and tribal leaders; and,

(e) In order for the Tewa language to survive as a primary language, Tewa language instruction and practices must be implemented within all learning environments of the Pueblo including in school, community facilities and homes of the Pueblo; and,

(f) Current Tewa initiatives, programs and budgets are handled under the Pueblo's Department of Education; and,

(g) The Council has determined that it is in the best interest of the Pueblo to establish a new Tewa language Department separate from the Education Department, to address all aspects of Tewa Language preservation, promotion, and maintenance; and,

(h) Reorganizing the structure of governmental departments and programs will promote efficiency within the Pueblo; and,

(i) The primary goal of the new Tewa Language Department shall be the preservation and use of the Tewa language.

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6.9.1.040 General Policy

This act shall establish the Tewa Language Department to carry out the Pueblo's language promotion, preservation, and maintenance initiatives.

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6.9.1.050 Organization of the Tewa Language Department

(a) The Tewa Language Department shall be established effective January 1, 2020. The existing Education Department and Tewa language program shall continue to operate uninterrupted until separate funding for the new Tewa Language Department is appropriated. Initially, the Tribal Administrator shall work to provide a smooth transition of the language program to the new Tewa Language Department. The Tribal Administrator, and after the appropriation of funds for the new Tewa Language Department, shall work with the Council Language Committee in its legislative oversight capacity in the development and implementation of the Tewa Language Department and language program, which shall include utilizing a Culture and Language Camp, the Headstart Program, the Day School Tewa Program, and an after school program. Curriculum will be designed with the help of instructors hired from within the community, which includes elders and tribal leaders. The Tribal library at the Learning Center shall assist with the development of teaching strategies that include use of media and technology.

(b) The Tewa Language Department shall be included in the Pueblo Administration's Organizational Chart separate from the Education Department.

(c) The Tewa Language Department shall adopt an effective departmental structure and program(s) subject to approval by the Governor.

(d) The Tewa Language Department may employ staff who shall implement the department mission based on the approved departmental structure and programs.

(e) In order to promote efficiency within the Tewa Language Department, program offices shall be established as necessary.

(f) The Governor shall be authorized to establish a Tewa Language Advisory Board consisting of Tewa language speakers to provide recommendations to the Department. The Board shall be comprised of an equal number of members selected by the Governor and by the Council.

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6.9.1.060 Tewa Language Department Goals and Objectives

The overall goals of the Tewa Language Department shall be to promote, preserve, and maintain the Tewa language for the benefit of the members of the Pueblo.

Tewa Language Department planning and establishment shall include:

(a) Conducting review and analysis of the existing Tewa Language Program including accomplishments, goals, and areas for growth and improvement.

(b) Preparation of a written report regarding the existing program to the Governor and the Council. The report shall include a list of any grants or funding currently utilized by the Pueblo. The report shall include any language grant opportunities that may be available to

support the Department, including grants for additional teachers, community outreach, and additional programmatic funding.

(c) Convening and facilitating at least one community meeting to introduce the new Department to the public and to solicit comments and recommendations for developing a successful and comprehensive Tewa language program.

(d) The authorization to hire a qualified language consultant on a contractual basis to assist with the development of a Tewa language plan ("Language Plan"). The consultant shall identify any successful language promotion and preservation programs utilized by other Pueblos and Indian tribes to determine the appropriateness of using similar techniques for the Pueblo. The Language Plan shall address:

(1) Developing a mission of the Tewa Language Program.

(2) Goals for Tewa language instruction including, to the greatest extent possible, speaking, comprehension, reading, and writing skills.

(3) Development of the Tewa Language Department structure including staffing.

(4) Exploration of types of language programs to be utilized such as immersion programs.

(5) Funding sustainability for the Department including the identification of grant opportunities.

(6) Any other recommendations that the Pueblo and consultant may develop to support successful implementation of the Tewa Language Department for the Pueblo.

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6.9.1.070 Authorization of Initial Funding

The Council authorizes initial funding for the Tewa Language Department as approved in the Annual Budget and/or budget modification for the Pueblo.

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