Resolution No. SI-R17-019: Act Authorizing the Change in Designation of Certain Roads Within the Pueblo de San Ildefonso in the National Tribal Transportation Facility Inventory Under BIA
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 the change in designation of certain roads within the Pueblo's lands in the National Tribal Transportation Facility Inventory (NTTFI) under the Bureau of Indian Affairs (BIA) for purposes of transportation project planning, construction and maintenance funding and support, understanding that roads with a designation as "Code 1 – BIA" on the NTTFI must be open and available for public use.
NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled, "ACT AUTHORIZING THE CHANGE IN DESIGNATION OF CERTAIN ROADS WITHIN THE PUEBLO DE SAN ILDEFONSO IN THE NATIONAL TRIBAL TRANSPORTATION FACILITY INVENTORY UNDER BIA."
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): CR Perry Martinez
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| Glenda Fred-Weahkee | X | |||
| Terrence K. Garcia | X | |||
| Thomas Gonzales | X | |||
| Darryl Martinez | X | |||
| M. Wayne Martinez | X | |||
| Perry Martinez | X | |||
| Tim Martinez | X | |||
| Chris Moquino | X | |||
| Donald Pena | X | |||
| Irene Tse-Pe | X |
DELIVERY OF THE RESOLUTION TO THE GOVERNOR:
Resolution No. SI-R17-019__ 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
{ } 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.
Override of Governor's veto:
{ } YES
{ } NO
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| Glenda Fred-Weahkee | ||||
| Terrence K. Garcia | ||||
| Thomas Gonzales | ||||
| Darryl Martinez | ||||
| M. Wayne Martinez | ||||
| Perry Martinez | ||||
| Tim Martinez | ||||
| Chris Moquino | ||||
| Donald Pena | ||||
| Irene Tse-Pe |
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
ACT AUTHORIZING THE CHANGE IN DESIGNATION OF CERTAIN ROADS WITHIN THE PUEBLO DE SAN ILDEFONSO IN THE NATIONAL TRIBAL TRANSPORTATION FACILITY INVENTORY UNDER BIA
Section 1.1. Short Title
This enactment shall be known as the "ACT AUTHORIZING THE CHANGE IN DESIGNATION OF CERTAIN ROADS WITHIN THE PUEBLO DE SAN ILDEFONSO IN THE NATIONAL TRIBAL TRANSPORTATION FACILITY INVENTORY UNDER BIA ("Act")."
Section 1.2. Purpose
The purpose of this Act is to change the designation of certain identified roads located within the Pueblo's lands in the National Tribal Transportation Facility Inventory (NTTFI) under the Bureau of Indian Affairs (BIA), formerly known as the Indian Reservation Roads Program (IRR). The change in the designation of the roads on the NTTFI allows the Pueblo access to program support and funding for transportation planning and design, road construction, improvement and maintenance.
Section 1.3. Findings
The Council hereby finds and declares that:
(a) There are several roads within the El Rancho area of the Pueblo de San Ildefonso grant boundaries that are located almost wholly on Pueblo lands, with small portions lying on non-Indian fee lands.
(b) The Pueblo has completed a thorough review of the roads system in the National Tribal Transportation Facility Inventory ("NTTFI") with the focus on county named roads.
(c) The Pueblo has identified five (5) roads listed under ownership "Code 5 – County and Township" that are named as Santa Fe County Roads 84, 84A, 84B, 84C, and 84D - all located within the Pueblo's exterior boundaries;
(d) The specific roads do not have any rights-of-way agreements between the Pueblo and Santa Fe County.
(e) There is a need to continue to maintain the roads identified as CR 84, CR 84A, CR 84B, CR 84C and CR 84D and provide safe access for the area over these roads.
(f) Placement of these roads on the NTTFI will ensure that that these roads will be maintained under the Tribal Transportation Program (TTP).
(g) Change in the designation of these roads to "Code 1 - BIA" on the NTTFI will also allow for planning, design, improvement, realignment and construction of these roads to facilitate access to Aamodt Water Settlement infrastructure.
(h) Placement of these roads on the NTTFI requires that these roads be open available for public use which will address the majority of the private landowner access issues in the area.
Section 1.4. Authorizations
The Governor is hereby authorized to take such actions as deemed necessary to change the designation of the roads identified as CR 84, CR 84A, CR 84B, CR 84C and CR 84D that lie within the Pueblo de San Ildefonso lands from a "Code 5" to a "Code 1 – BIA" on the NTTFI.
