Resolution No. SI-R17-012: Act Authorizing Fourth Withdrawal of Aamodt Water Settlement Trust Funds from the Office of Special Trustee to Fund Aamodt Settlement Implementation Activities Requested by Pueblo in Coordination with Regional Water System Work

At a duly called meeting of the Council of San Ildefonso Pueblo on the 23rd day of May, 2016, 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 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

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 is authorized to make laws for the Pueblo pursuant to Section 5 of the Agreement; and

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

WHEREAS, 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 a Settlement Agreement (Jan. 19, 2006) to settle this water rights adjudication; and

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

WHEREAS, as part of the Aamodt Litigation Settlement, the United States appropriated $15 million to the Pueblos Conservation Fund which the Office of Special Trustee, to be allocated as directed by the four Pueblos; and

WHEREAS, terms contained in the Pueblo Economic Development Water Agreement signed by the four Pueblos were based on the Pueblo de San Ildefonso receiving Pojoaque Pueblo's share of the increased value of the Pueblo's Conservation Fund in exchange for waiving annual payments by the Pueblo of Pojoaque required by the Forbearance Agreement between the two Pueblos, which is one of the requirements of the Aamodt Litigation Settlement; and

WHEREAS, the Act and the Pueblo Economic Development Water Agreement signed July 18, 2013 by the Pueblo Governor, and Governors of the three other Pueblos in the Aamodt Litigation, provides over $6 million for use by the Pueblo, within the limits specified in the Act; and

WHEREAS, the Act at section 617(c), and 615(c)(7) allows the Pueblo to use these funds for any water related infrastructure activity "that is more cost-effective when implemented in conjunction with the construction of the Regional Water System, as determined by the Secretary [of the Interior];" and

WHEREAS, the Tribal Council, pursuant to Resolution No. SI-R14-025 requested its first withdrawal from the Pueblo's Conservation Fund established by the Act in the amount of $1,200,000 and that request was partially approved by the Regional Director of the Bureau of Indian Affairs in the amount of $976,000, and disbursed by Office of Special Trustee (OST) to the Pueblo, and

WHEREAS, the Tribal Council pursuant to Resolution No. SI-R14-035 requested its second withdrawal from the Pueblo's Conservation Fund established by the Act in the amount of $195,000 which was approved by the Regional Director of the Bureau of Indian Affairs in the amount of $195,000, and disbursed by OST to the Pueblo; and

WHEREAS, the Tribal Council pursuant to Resolution No. SI-R16-020 requested its third withdrawal from the Pueblo's Conservation Fund established by the Act in the amount of $1,200,000 which was approved by the Regional Director of the Bureau of Indian Affairs in the amount of $1,200,000, and disbursed by OST to the Pueblo; and

WHEREAS, Additional work is needed to improve the Pueblo's ability to assist the environmental and design work needed for implementation of the Regional Water System; and

WHEREAS, the Proposed Scope of Work and Budget (Expenditure Plan: OST #4) of $744,289.00, which is Exhibit A to this resolution will benefit the Pueblo by the attached scope of work and budget for "Fourth Withdrawal of Aamodt Water Settlement Trust Funds from the Office of Special Trustee to Fund Aamodt Settlement Implementation Activities Requested by Pueblo Coordination with Regional Water System Work," and

WHEREAS, the federal process for approving this request involves sending it to the Regional Director of the Bureau of Indian Affairs, for his approval; after that approval, it must be sent to the Northern Pueblos Agency for approval by the Superintendent to withdraw the amount specified in this Resolution; after that approval, the request goes to the Office of Special Trustee, which will transfer the money to the account designated by the Pueblo.

NOW THEREFORE BE IT RESOLVED:

1. The Pueblo de San Ildefonso Council authorizes and directs the Governor to take all steps necessary to implement this resolution, including signing all documents needed for withdrawal of funds in the amount of $744,289.00 from the Pueblo's share of the Pueblo Conservation Fund held by the federal Office of Special Trustee, and hiring and contracting for the purposes described in the attached Scope of Work and Budget.

2. The Pueblo de San Ildefonso Council requests the United States to act quickly to implement the purposes of this resolution, and make funds available in the amount of $744,289.00 to implement the scope of work and budget attached as soon as possible.

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on May 23, 2017, at a meeting with a vote of 7 in favor, 0 opposed, 0 abstaining and 3 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): CR Perry Martinez

DELIVERY OF THE RESOLUTION TO THE GOVERNOR:

Resolution No. SI-R17-012 was presented to the Governor of the Pueblo de San Ildefonso on the 23rd day of May, 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