Resolution No. SI-R17-039: Authorizing the Pueblo de San Ildefonso to Direct the Department of Interior, Office of the Special Trustee, to Invest Funds Allocated by the Aamodt Settlement Act

At a duly called meeting of the Council of San Ildefonso Pueblo on the 28th day of December, 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 de San Ildefonso pursuant to Section 5 of the Agreement; and

WHEREAS, the Council is vested with the exercise of all governmental functions of the Pueblo; with the power, authority and responsibility for the health, safety and welfare of all tribal members and the community; and for the overall direction and policy of the Pueblo; and

WHEREAS, by Tribal Council Resolution No. SI-R12-035, the Council approved the Aamodt Settlement Agreement and on March 14, 2013, the Pueblo executed the Settlement Agreement; and

WHEREAS, Congress approved the Aamodt Settlement Agreement by enactment of the Aamodt Litigation Settlement Act as part of the Claims Resolution Act of 2010, Public Law No. 11-291, Title VI, sections 601 through 626 ("Settlement Act" of "Act"); and

WHEREAS, the Settlement Act authorizes and directs the United States Bureau of Reclamation ("Reclamation") to design and construct the Pojoaque Basin Regional Water System ("Regional Water System") to provide a firm, reliable water supply to the Pueblo de San Ildefonso, the Pueblo of Nambe, the Pueblo of Pojoaque, and the Pueblo of Tesuque (collectively "Pueblos") and customers of the Santa Fe County ("County") portion of the Regional Water System; and

WHEREAS, the Settlement Act directs that upon completion of construction as defined by the Act, Reclamation shall transfer the Pueblo Water Facilities (as defined by the Act) to the individual Pueblos; the County Distribution System (as defined by the Act) of the Regional Water System to the County and the joint facilities serving both Pueblo and County customers to the Regional Water Authority established pursuant to the Joint Powers Agreement among the Pueblos and the County; and

WHEREAS, the Settlement Act authorized and appropriated $5,000,000.00 for the interim operation and maintenance of the Regional Water System by Reclamation prior to the conveyance of the respective portions of the Regional Water System to the Pueblos, the County, and the Regional Water Authority; and

WHEREAS, the Settlement Act authorized and appropriated $37,500,000.00 to the Aamodt Settlement Pueblos' Fund for the purpose of providing a fund to the Pueblos for purposes of costs incurred by the Pueblos related to operation, maintenance and replacement costs associated with the Pueblo Water Facilities and the Regional Water System; and

WHEREAS, the funds authorized and appropriated are currently held in federal overnight accounts by the Office of the Special Trustee, such accounts earning nominal rates of interest; and

WHEREAS, the funds of $5,000,000.00 appropriated for use by Reclamation to operate and maintain the Regional Water System until conveyance will not be required until at least 2021; and the funds authorized for and appropriated to the Aamodt Settlement Pueblos' Fund will not be needed until at least 2021; and

WHEREAS, the Office of the Special Trustee has requested the Pueblos consider allowing the Special Trustee to invest such funds in a manner that would allow a higher rate of return than the federal overnight account until such funds are needed by Reclamation to operate and maintain the Regional Water System prior to conveyance and by the Pueblos for operation, maintenance and replacement of the Pueblo Water Facilities and Regional Water System after conveyance; and

WHEREAS, the Pueblos are in agreement that the funds should be invested in a manner which will allow a higher rate of return until such funds are needed by Reclamation for operation and maintenance of the Regional Water System prior to conveyance and by the Pueblos as provided for and directed by the Act; and

WHEREAS, it would be in the best interest of the Pueblo to direct the Special Trustee to allow the funds to be invested in a manner to allow a higher rate of return than that provided by the federal overnight account.

NOW THEREFORE, BE IT RESOLVED that the Pueblo de San Ildefonso Tribal Council authorizes the Governor of the Pueblo to take all actions necessary to allow the funds of $5,000,000.00 and $37,500,000.00 authorized and appropriated by the Settlement Act and held by the Office of the Special Trustee to be invested in a manner to allow a higher rate of return than that provided by the federal overnight account for a period up to five years or as otherwise directed by the Pueblos.

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on December 28, 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

COUNCIL REPRESENTATIVE SPONSOR(S): Council Representative Perry Martinez

DELIVERY OF THE RESOLUTION TO THE GOVERNOR:

Resolution No. SI-R17-039 was presented to the Governor of the Pueblo de San Ildefonso on the 28th day of December, 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