Resolution No. SI-R17-014: Home Ownership and Property Transfer Clarification Act

At a duly called meeting of the Council of San Ildefonso Pueblo on the 2nd day of June, 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 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 pursuant to Section 5 of the Agreement; and

WHEREAS; the Council has determined the need to clarify the process for members of the Pueblo de San Ildefonso ("Pueblo") to become home owners, and to authorize the Governor to execute and deliver necessary documents to transfer and certify property interests within the Pueblo.

NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled, "HOME OWNERSHIP AND PROPERTY TRANSFER CLARIFICATION ACT."

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on June 2, 2017, at a meeting with a vote of 8 in favor, 0 opposed, 0 abstaining and 2 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): Lt. Governor Christopher Moquino

DELIVERY OF THE RESOLUTION TO THE GOVERNOR:

Resolution No. SI-R17-014 was presented to the Governor of the Pueblo de San Ildefonso on the 2nd day of June, 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

HOME OWNERSHIP AND PROPERTY TRANSFER CLARIFICATION ACT

Section 1.1. Short Title

This enactment shall be known as, "HOME OWNERSHIP AND PROPERTY TRANSFER CLARIFICATION ACT" ("Act").

Section 1.2. Purpose

The purpose of this Act is to clarify the process for members of the Pueblo de San Ildefonso ("Pueblo") to become home owners, and to authorize the Governor to execute and deliver necessary documents to transfer and certify property interests within the Pueblo.

Section 1.3. Findings

The Council hereby finds and declares that the current process for members of the Pueblo to obtain ownership of a home through the Northern Pueblo Housing Authority ("NPHA") includes the following:

(a) The Pueblo identifies a vacant parcel of land;

(b) The Pueblo enters into a lease (the "NPHA Lease") with the Northern Pueblos Housing Authority, a federally recognized Tribally Designated Housing Entity ("NPHA") holding authorization from the Pueblos of Picuris, San Ildefonso and Tesuque tribes to obtain and manage Indian Housing Block Grant Program ("IHBG") funding from HUD covering the parcel of land on the Pueblo's reservation where the house is to be located (the "Subject Parcel"), recognizing that, at times, the NPHA lease may cover several parcels (a "master lease");

(c) Since the Subject Parcel is on the Pueblo's reservation, which is held in trust for the Pueblo by the US Government, the Subject Parcel is subject to federal law;

(d) As provided by federal law, the NPHA lease between the Pueblo and the NPHA can only have a maximum term of 50 years (25 year initial term and a second 25 year term); At the end of the 50 year term, title to the Subject Parcel reverts to the Pueblo;

(e) Using IHBG funding or other funds, the NPHA builds a house on the Subject Parcel covered by the NPHA Lease;

(f) Because the NPHA is the lessee under the NPHA Lease, the NPHA, as lessee, owns the house (because the house is attached to the land, if the NPHA Lease did not exist, the house would belong to the Pueblo);

(g) NPHA enters into an "Occupancy Agreement" with a member of the Pueblo (the "Acquiring Member") whereby the Acquiring Member: (1) obtains immediate right to occupy the house; and, (2) if the Acquiring Member performs certain obligations over a specific term of time, the Acquiring Member will acquire the rights the NPHA has in the house;

(h) Currently, when the Acquiring Member fully performs under the Occupancy Agreement, the NPHA transfers to the Acquiring Member all of the NPHA's right, title and interest in the house in the form of a quit claim deed;

(i) The problem with the current arrangement is that although the NPHA is transferring all of its rights as lessee under the NPHA Lease to the Acquiring Member, the NPHA Lease only gives the NPHA the right to occupy the parcel for a maximum of 50 years;

(j) The Pueblo wants the Acquiring Member to be able to occupy and treat the house as his or hers for a period of time longer than the term of the NPHA Lease;

(k) In order to correct the situation, the process needs to be changed to provide that, when the Acquiring Member fully performs under the Occupancy Agreement: (1) the NPHA gives up all rights it has in the parcel and the house (this would require a quit claim deed between the NPHA and the Pueblo for the Subject Parcel); and (2) the Pueblo would immediately give the Acquiring Member an assignment covering the house and the land on which it is located;

(l) There is also an issue as to whether the Pueblo's Governor had the legal authority from the Council to grant the right to occupy specific houses to previous Acquiring Members who had fully and completely performed under the Occupancy Agreement.

Section 1.4. Authorization and Ratification of the Governor's Authority to Execute Various Housing Documents

(a) Upon written notification to the Governor from the NPHA and the Pueblo's Realty Office that an Acquiring Member has fully performed under his or her Occupancy Agreement, the Governor shall take any and all steps to confirm that the Acquiring Member is in good standing with the Pueblo, the NPHA, and the Occupancy Agreement.

(b) If the Governor determines that the Acquiring Member is in good standing with the Pueblo, the NPHA, and the Occupancy Agreement, the Governor shall:

(1) Accept a quit claim deed for the house from the NPHA substantially in the form attached hereto, as may be revised from time to time in conjunction with the NPHA; and,

(2) Execute and deliver to the Acquiring Member a Certificate of Land Assignment covering the subject parcel and house substantially in the form attached hereto, as may be revised from time to time in conjunction with the Pueblo's Realty Office and the NPHA.

(c) If the Governor does not receive confirmation that the Acquiring Member is in good standing with the Pueblo, the NPHA, and the Occupancy Agreement, the Governor shall so notify the Acquiring Member and the Acquiring Member may obtain review of the matter as provided by the Agreement and laws of the Pueblo.

(d) All previous transfers of houses to Acquiring Members (including by quit claim deed or assignment) executed by the current and any previous Governors since 2012 are hereby ratified and confirmed ab initio provided, that the Acquiring Member was in good standing with the Pueblo, the NPHA as confirmed in writing by the NPHA, and the Occupancy Agreement as of the date of transfer.