Resolution No. SI-R17-032: Act Authorizing Signature of Right-Of-Way Agreement with DOE/NNSA for the Norton Electric Transmission Line
WHEREAS, the Pueblo de San Ildefonso ("Pueblo") is a sovereign and self-governing Tribe, recognized as such by the United States of America, with the authority to govern its people, lands and other resources; and
WHEREAS, the Council is authorized to make laws for the Pueblo pursuant to Section 5 of the governing document of the Agreement; and
WHEREAS, the Pueblo has an existing Grant of Right-of-Way Agreement with the Department of Energy/National Nuclear Security Administration ("DOE/NNSA") for the portion of 115 kV electric transmission line known as Norton Line within Pueblo lands which will expire July 31, 2018; and
WHEREAS, the Pueblo and DOE/NNSA have negotiated terms for a Grant of Right-of-Way through a Right-of-Way Agreement for a twenty-five (25) term which will begin August 1, 2018 and end on July 31, 2043; and
WHEREAS, the Pueblo and DOE/NNSA have agreed upon compensation in the amount of $4,663,621 in a one-time payment for the Right-of-Way made directly to the Pueblo upon approval of the Grant of Right-of-Way by the Bureau of Indian Affairs; and
WHEREAS, the Council finds that it is in the best interest of the Pueblo to authorize signature of the Right-of-Way Agreement with the DOE/NNSA for the Norton Line; and
WHEREAS, the Council further finds that it is in the best interest of the Pueblo to waive the requirement for bond pursuant to 25 CFR §169.103(f)(2), and to waive the valuation requirement pursuant to 25 CFR §169.110(a) and accept the agreed upon compensation identified in the Right-of-Way Agreement.
NOW THEREFORE BE IT RESOLVED, that the Council hereby
1. Enacts the attached law entitled the "ACT AUTHORIZING SIGNATURE OF RIGHT-OF-WAY AGREEMENT WITH DOE/NNSA FOR THE NORTON ELECTRIC TRANMISSION LINE."
2. Authorizes the Governor to sign the identified Agreement (attached).
3. Directs the Governor and Finance Department to work with the Council to establish an allocation plan for the $4,663,621 when those funds are received from DOE/NNSA.
4. Approves and adopts this resolution in accordance with the requirements of the Agreement, according to 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 October 6, 2017, at a meeting with a vote of 9 in favor, 0 opposed, 0 abstaining and 1 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 M. Wayne 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 | |||
| Christopher Moquino | X | |||
| Donald Pena | X | |||
| Irene Tse-Pe | X |
DELIVERY OF THE RESOLUTION TO THE GOVERNOR:
Resolution No. SI-R17-032 was presented to the Governor of the Pueblo de San Ildefonso on the 6th day of October, 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
ACT AUTHORIZING SIGNATURE OF RIGHT-OF-WAY AGREEMENT WITH DOE/NNSA FOR THE NORTON ELECTRIC TRANSMISSION LINE
Section 1.1. Short Title
This enactment shall be known as the "ACT AUTHORIZING SIGNATURE OF RIGHT-OF-WAY AGREEMENT WITH DOE/NNSA FOR THE NORTON ELECTRIC TRANSMISSION LINE ("Act")."
Section 1.2. Purpose
The purpose of this Act is to authorize the signature of the Right-of-Way Agreement with the Department of Energy/National Nuclear Security Administration ("DOE/NNSA") for a new right-of-way for that portion of the Norton Electric Transmission Line within the Pueblo lands. The current Grant of Easement for Right-of-Way to DOE/NNSA will expire on July 31, 2018.
Section 1.3. Findings
The Council hereby finds and declares that:
(a) The Pueblo and DOE/NNSA entered into a 1998 Grant of Easement for Right-of-Way for Electric Lines for the 115 kV electric transmission line, known as the Norton Line, which easement expires on July 31, 2018.
(b) DOE/NNSA has requested to enter into a new Right-of-Way for the Norton Line.
(c) The Pueblo and DOE/NNSA have negotiated terms for a Grant of Right-of-Way through a Right-of-Way Agreement for a twenty-five (25) term which will begin August 1, 2018 and end on July 31, 2043.
(d) The Pueblo and DOE/NNSA have agreed upon compensation in the amount of $4,663,621 in a one-time payment for the Right-of-Way directly to the Pueblo upon approval of the Grant of Right-of-Way by the Bureau of Indian Affairs.
(e) It is in the best interest of the Pueblo to accept the agreed upon compensation and to waive the valuation pursuant to 25 CFR §169.110(a).
(f) It is also in the best interest of the Pueblo to request waiver of the requirement for a bond pursuant to 25 CFR §169.103(f)(2) since the compensation will be paid in full to the Pueblo upon approval of the Grant of Right-of-Way and is not necessary in connection with construction of the existing transmission facilities in the Right-of-Way.
(g) The Council, having reviewed the proposed Right-of-Way Agreement finds approval of the Agreement with DOE/NNSA is in the best interest of the Pueblo.
Section 1.4. Authorizations
(a) The Governor is hereby authorized to sign the "Pueblo de San Ildefonso and U.S. Department of Energy/National Nuclear Security Administration Right-of-Way Agreement.
(b) The Governor is authorized to make any minor technical non-substantive amendments to the Agreement document as may be necessary, provided that the Council is informed of such amendments.
(c) The Governor is authorized to take such actions as necessary to submit the completed Right-of-Way package to the BIA-Northern Pueblos Agency for review and approval.
(d) The Governor and Finance Department are directed to work with the Council to establish an allocation plan for the $4,663,621 when those funds are received from DOE/NNSA.
