Resolution No. SI-R17-017: Tribal Historic Preservation Office Establishment Act of 2017

At a duly called meeting of the Council of San Ildefonso Pueblo on the 21st 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 Preamble of the Governing Agreement, which establishes the government for the Pueblo, states that the purpose of creating the government is to "…protect our culture, our resources, and to maintain law and order;" and,

WHEREAS, the Pueblo's government serves to protect and preserve our Pueblo lands, culture and history; and

WHEREAS, in order to protect the Pueblo's culture and resources, the Council has determined that it is in the best interests of the Pueblo to create, direct, and fund a Tribal Historic Preservation Office.

NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled, "Tribal Historic Preservation Office Establishment Act of 2017;" and

BE IT FINALLY RESOLVED, 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.

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on June 21, 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-R17-017 was presented to the Governor of the Pueblo de San Ildefonso on the 21st 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

TRIBAL HISTORIC PRESERVATION OFFICE ESTABLISHMENT ACT OF 2017

Section 1.1. Short Title

This enactment shall be known as the Tribal Historic Preservation Office Establishment Act of 2017 ("Act").

Section 1.2. Purpose

The purpose of this Act is to create a Tribal Historic Preservation Office, authorize funding for the Office, and to otherwise set the goals of the Office.

Section 1.3. Definitions

(a) "Agreement" shall mean the Governing Agreement of the Pueblo;

(b) "Officer" shall mean the Tribal Historic Preservation Officer;

(c) "Governor" shall mean the Governor of the Pueblo;

(d) "THPO" shall mean the Tribal Historic Preservation Office of the Pueblo.

Section 1.4. Findings

The Council hereby finds and declares that:

(a) The Preamble to the Governing Agreement Governing Agreement, which establishes the government for the Pueblo, states that the purpose of creating the government is to "…protect our culture, our resources, and to maintain law and order;" and,

(b) Under the Agreement, all three branches of government are required to exercise their powers consist with the culture, beliefs, and values of the Pueblo; and,

(c) In order to meet the goal of protecting the Pueblo's culture and cultural resources, the Council finds it in the best interests of the Pueblo to create and fund the Tribal Historic Preservation Office.

Section 1.5. Establishment of the Tribal Historic Preservation Office

(a) The Tribal Historic Preservation Office ("THPO") is hereby established and shall be located within the Pueblo de San Ildefonso.

(b) The Governor is hereby authorized to immediately select and employ a qualified member of the Pueblo to serve as the temporary Tribal Historic Preservation Officer pending the hiring of a permanent Tribal Historic Preservation Officer; provided, that the Council has appropriated funds in an approved budget for such purposes. Any person selected as the temporary Tribal Historic Preservation Officer shall be eligible to serve as the permanent Tribal Historic Preservation Officer.

(c) The Governor and the Tribal Historic Preservation Officer are hereby authorized to take any actions to fulfill the goals of the THPO, and to expend funds appropriated by the Council for such purposes.

Section 1.6. Goals and Duties of the THPO

(a) The Tribal Historic Preservation Officer shall develop and implement programs which protect and promote the Pueblo's culture and cultural resources in accordance with the requirements of the Agreement.

(b) The Governor and Tribal Historic Preservation Officer shall be permitted to complete the necessary documents to apply for and receive grant funds from any source to fulfill the purposes of the THPO; provided, that any funds obtained must be appropriated by the Council in an approved budget or budget modification prior to expenditure.

(b) The Pueblo of San Ildefonso assumes responsibility on Pueblo of San Ildefonso tribal lands as defined in 54 USC 300319 for the following functions set out in 54 USC 302303 [commonly known as Section 101(b)(3) of the Act]:

(1) Direct and conduct a comprehensive, Reservation-wide survey and maintain an inventory of historic and culturally significant properties.

(2) Develop and implement a comprehensive, Reservation-wide historic preservation plan covering historic, archeological, and traditional cultural properties.

(3) Administer the tribal program of Federal assistance for historic preservation within the Tribe.

(4) Advise and assist, as appropriate, Federal and State agencies and local governments in carrying out their historic preservation responsibilities.

(5) Cooperate with the Secretary, the Advisory Council on Historic Preservation, and other Federal agencies, State agencies, local governments, and organizations and individuals to ensure that historic properties are taken into consideration at all levels of planning and development.

(6) Provide public information, education and training, and technical assistance in historic preservation.

(7) Consult with the appropriate Federal agencies in accordance with 54 USC 306108 (commonly known as Section 106 of the Act) on:

(i) Federal undertakings that may affect historic and culturally significant properties within the boundaries of the Reservation; and

(ii) the content and sufficiency of any plans to protect, manage, or to reduce or mitigate harm to such properties.

(8) In evaluating the significance of and impact on historic and cultural resources, the Tribal Historic Preservation Officer will consult, as needed, with individuals who meet the Secretary's Standards for the discipline or disciplines that correspond to the resource under consideration. In any case where the individual consulted is not a staff member the Tribal Historic Preservation Officer will retain a record of the consultation.

(9) The Pueblo's Advisory Review Board will serve as the Tribal Historic Preservation Office's Advisory Review Board (Advisory Board) for the purposes of this agreement. The Tribal Historic Preservation Officer will, in accordance with 54 USC 302704(3) [commonly known as Section 101(d)(4)(C) of the Act], provide for the appropriate participation in the historic preservation program by the tribe's traditional cultural authorities through membership on its Advisory Board and through such other means as the Officer deems appropriate. Before making any decision pursuant to this agreement that affects a property of significance to another tribe whose traditional lands are within the Pueblo of San Ildefonso's tribal lands, the Tribal Historic Preservation Officer will consult with the appropriate representative(s) of that other Tribe/Pueblo. The Tribal Historic Preservation Officer will provide for the appropriate participation of the interested public by soliciting public comments in a manner described in the Pueblo's plan.

(10) The Pueblo will carry out its responsibilities for review of Federal undertakings pursuant to 54 USC 306108 (commonly known as Section 106 of the Act) in accordance with the regulations (36 CFR Part 800) of the Advisory Council on Historic Preservation.

(11) The Tribal Historic Preservation Officer will provide to the National Park Service a brief annual written report on the Pueblo's accomplishments pursuant to this agreement. The report will include, at a minimum, the number of additional properties surveyed and added to the Pueblo's inventory, the number of Federal undertakings reviewed pursuant to 54 USC 306108 (commonly known as Section 106 of the Act), and a description of any educational activities and programs carried out.

Section 1.7. Authorization of Funding

The Council hereby authorizes up to $160,000 for the THPO, subject to final appropriation of funds in an approved Annual Budget or budget modification.