Resolution No. SI-R17-001: Tribal Member Distribution Authorization Act

At a duly called meeting of the Council of San Ildefonso Pueblo on the 18th day of January, 2017, the following Resolution was adopted:

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

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

WHEREAS, the Council finds that it is in the best interest of the Pueblo to authorize distributions of available funds to all members of the Pueblo from time to time.

NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled the "TRIBAL MEMBER DISTRIBUTION AUTHORIZATION ACT."

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on January 1, 2017, at a meeting with a vote of in favor, opposed, abstaining and absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.

Irene Tse-Pe, Council Secretary

COUNCIL REPRESENTATIVE SPONSOR(S): Council Representative Irene Tse-Pe

DELIVERY OF THE RESOLUTION TO THE GOVERNOR:

Resolution No. SI-R17-001 was presented to the Governor of the Pueblo de San Ildefonso on the 18th day of January, 2017, pursuant to the Governing document of the Pueblo de San Ildefonso ("Agreement"), GOVERNOR, Sec. 4(c), and will become effective after signature by the Governor or veto override by the Council.

Irene Tse-Pe, Council Secretary

GOVERNOR'S ACTION:

{ } APPROVED

{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:

On this __________ day of _______________________, 2017.

James R. Mountain, Governor

Presented by the Governor to the Council on the _______ day of ________________, 2017.

COUNCIL'S ACTION:

Override of Governor's veto:

{ } YES

{ } NO

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on _________________, 2017, at a meeting with a vote of ______ in favor, _____ opposed, _____ abstaining and _____ absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.

Irene Tse-Pe, Council Secretary

TRIBAL MEMBER DISTRIBUTION AUTHORIZATION ACT

Section 1.1. Short Title.

This enactment shall be known as, the "TRIBAL MEMBER DISTRIBUTION AUTHORIZATION" ("Act").

Section 1.2. Purpose.

The purpose of the Act is to authorize distributions of money to all members of the Pueblo on an equitable basis when funds for such purposes become available, subject to the appropriation of such funds by the Council.

Section 1.3. Findings.

The Council hereby finds and declares that:

(a) From time to time, the Pueblo receives discretionary funds from various sources including proceeds from lawsuits, settlements, leases, rights-of-way, investment proceeds, and other sources; and

(b) In the past, the Pueblo has authorized and distributed discretionary funds it has received to all members of the Pueblo; and

(c) The Council has determined that it is in the best interest of the Pueblo to authorize the distribution of discretionary funds to all members of the Pueblo when such funds become available and no other overriding need exists for the use of such funds.

Section 1.4. Distribution Process Requirements.

(a) The Governor is hereby authorized to provide a distribution of funds in an equal amount to all members of the Pueblo when funds for such purposes are specifically appropriated by the Council in an approved Annual Budget or Budget Modification.

(b) The Governor shall not be authorized to distribute any funds to members of the Pueblo that have not been specifically appropriated by the Council for such purposes.

(c) The Governor shall establish and implement fair and equitable procedures to notify members of the Pueblo of the availability of funds for distribution and to distribute such funds.