Resolution No. SI-R18-009: Act Authorizing Amendment to Right-Of-Way Agreement with DOE/NNSA for Norton Electric Transmission Line
At a duly called meeting of the Council of San Ildefonso Pueblo on the 6th day of June, 2018, 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 Council is authorized to make laws for the Pueblo pursuant to Section 5 of the governing document of the Agreement; and
WHEREAS, on October 6, 2017, the Pueblo and DOE/NNSA executed a new Right-of-Way Agreement for a 115 kV electric transmission line, known as the Norton Line, the term of which will begin August 1, 2018; and
WHEREAS, the Council has determined the need to amend the Right-of-Way Agreement to address the changed boundary of Pueblo's lands and the increased area for the Norton Line Right-of-Way caused by the natural meandering of the Rio Grande River.
NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled the "ACT AUTHORIZING AMENDMENT TO RIGHT-OF-WAY AGREEMENT WITH DOE/NNSA FOR NORTON ELECTRIC TRANMISSION LINE."
ACT AUTHORIZING AMENDMENT TO RIGHT-OF-WAY AGREEMENT WITH DOE/NNSA FOR NORTON ELECTRIC TRANSMISSION LINE
Section 1.1. Short Title
This enactment shall be known as the "Act Authorizing Amendment to Right-of-Way Agreement with DOE/NNSA for Norton Electric Transmission Line ("Act")."
Section 1.2. Purpose
The purpose of this Act is to authorize amendment of the Right-of-Way Agreement previously signed on October 6, 2017 between the Pueblo and the Department of Energy/National Nuclear Security Administration ("DOE/NNSA") for a new right-of-way the Norton Electric Transmission Line ("Norton Line"). The Act sets out the amended terms of the Right-of-Way Agreement for the changed eastern Right-of-Way boundary and increased acreage of the Right-of-Way for the Norton Line.
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) On October 6, 2017, the Pueblo and DOE/NNSA executed a new Right-of-Way Agreement for the Norton Line, the term of which will begin August 1, 2018.
(c) In the process of reviewing a new survey for the Right-of-Way area for the Norton Line ("Initial Survey"), it was discovered that the boundary of the Pueblo's lands which had been used as the end line of the previous Right-of-Way descriptions for the Norton Line had changed due to the natural meandering of the Rio Grande River.
(d) The change in the Pueblo's eastern boundary increases the total acreage of the Norton Line Right-of-Way as the 115 kV electric transmission line crosses over the Rio Grande River and the eastern boundary of the Right-of-Way has been tied to the boundary of the Rio Grande River.
(e) 25 CFR Part 169.102 requires an accurate legal description of the right-of-way and its boundaries and definite location of the right-of-way.
(f) The Pueblo obtained a Supplemental Survey for the area ending at the eastern end of the Initial Survey and the new medial line of the Rio Grande River. The Supplemental Survey reflects the additional acreage and changed eastern boundary for the Norton Line Right-of-Way that resulted from the meandering of the Rio Grande River.
(g) The Council acknowledges that the boundaries and acreage for the Norton Line Right-of-Way for purposes of the Right-of-Way Agreement shall consist of the boundary, acreage, and legal descriptions contained in both the Initial Survey and the Supplemental Survey. The Initial Survey Right-of-Way area consists of 29.41 acres and the Supplemental Survey Right-of Way area consists of 0.629 acres for a total acreage of 30.04 acres, more or less.
(h) Pursuant to the Right-of-Way Agreement, the Pueblo and DOE/NNSA had agreed upon compensation in the amount of $4,663,621 for the Right-of-Way and the Council, by SI-R18-006, determined it was in the Pueblo's best interest to accept the agreed upon compensation and to waive the valuation pursuant to 25 CFR §169.110(a).
(i) The Council determines that it is in the best interest of the Pueblo not to require additional compensation from DOE/NNSA for the additional acreage resulting from the changed Right-of-Way boundary.
(j) The Council, having reviewed the Amendment to Right-of-Way document, attached hereto, finds approval of the Amendment is in the best interest of the Pueblo.
(k) The Council acknowledges that all other terms of the October 6, 2017 Right-of-Way Agreement remain in full force and effect.
(l) The Council acknowledges that time is of the essence to submit the completed Right-of-Way package to the BIA for approval, and acknowledges that the Governor and the DOE representative, in the interest of addressing the unusual situation involving the changed boundaries and increased acreage as quickly as possible, had the opportunity to sign the proposed Amendment to Right-of-Way Agreement, with the understanding that the Council must approve the Amendment and ratify the Governor's signature of the document to be effective.
Section 1.4. Authorizations
(a) The Council approves the attached Amendment to Right-of-Way Agreement.
(b) The Council hereby authorizes and ratifies the Governor's May 22, 2018 signature of the Amendment to Right-of Way Agreement document.
(c) The Governor is authorized to make any minor technical non-substantive amendments to the Amendment to Right-of-Way Agreement document as may be necessary, provided that the Council is informed of such amendments.
(d) 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.
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on June 6th, 2018, at a meeting with a vote of 10 in favor, 0 opposed, 0 abstaining and 0 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 Representatives____________________
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| William S. Christian | X | |||
| Glenda Fred-Weahkee | X | |||
| Terrence K. Garcia | X | |||
| Thelma Gonzales | X | |||
| Thomas Gonzales | X | |||
| Raymond J. Martinez | X | |||
| Timothy A. Martinez | X | |||
| James L. Naranjo | X | |||
| Leon T. Roybal | X | |||
| Irene Tse-Pe | X |
DELIVERY OF THE RESOLUTION TO THE GOVERNOR
Resolution No. SI-R18-009 was presented to the Governor of the Pueblo de San Ildefonso on the 6th day of June 2018, 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.
Perry M. Martinez, Governor
Presented by the Governor to the Council on the ____ day of _________, 2018.
Override of Governor's veto:
{ } YES
{ } NO
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| William S. Christian | ||||
| Glenda Fred-Weahkee | ||||
| Terrence K. Garcia | ||||
| Thelma Gonzales | ||||
| Thomas Gonzales | ||||
| Raymond J. Martinez | ||||
| Timothy A. Martinez | ||||
| James L. Naranjo | ||||
| Leon T. Roybal | ||||
| Irene Tse-Pe |
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on __________________, 2018, 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 AMENDMENT TO RIGHT-OF-WAY AGREEMENT WITH DOE/NNSA FOR NORTON ELECTRIC TRANSMISSION LINE
Section 1.1. Short Title
This enactment shall be known as the "Act Authorizing Amendment to Right-of-Way Agreement with DOE/NNSA for Norton Electric Transmission Line ("Act")."
Section 1.2. Purpose
The purpose of this Act is to authorize amendment of the Right-of-Way Agreement previously signed on October 6, 2017 between the Pueblo and the Department of Energy/National Nuclear Security Administration ("DOE/NNSA") for a new right-of-way the Norton Electric Transmission Line ("Norton Line"). The Act sets out the amended terms of the Right-of-Way Agreement for the changed eastern Right-of-Way boundary and increased acreage of the Right-of-Way for the Norton Line.
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) On October 6, 2017, the Pueblo and DOE/NNSA executed a new Right-of-Way Agreement for the Norton Line, the term of which will begin August 1, 2018.
(c) In the process of reviewing a new survey for the Right-of-Way area for the Norton Line ("Initial Survey"), it was discovered that the boundary of the Pueblo's lands which had been used as the end line of the previous Right-of-Way descriptions for the Norton Line had changed due to the natural meandering of the Rio Grande River.
(d) The change in the Pueblo's eastern boundary increases the total acreage of the Norton Line Right-of-Way as the 115 kV electric transmission line crosses over the Rio Grande River and the eastern boundary of the Right-of-Way has been tied to the boundary of the Rio Grande River.
(e) 25 CFR Part 169.102 requires an accurate legal description of the right-of-way and its boundaries and definite location of the right-of-way.
(f) The Pueblo obtained a Supplemental Survey for the area ending at the eastern end of the Initial Survey and the new medial line of the Rio Grande River. The Supplemental Survey reflects the additional acreage and changed eastern boundary for the Norton Line Right-of-Way that resulted from the meandering of the Rio Grande River.
(g) The Council acknowledges that the boundaries and acreage for the Norton Line Right-of-Way for purposes of the Right-of-Way Agreement shall consist of the boundary, acreage, and legal descriptions contained in both the Initial Survey and the Supplemental Survey. The Initial Survey Right-of-Way area consists of 29.41 acres and the Supplemental Survey Right-of Way area consists of 0.629 acres for a total acreage of 30.04 acres, more or less.
(h) Pursuant to the Right-of-Way Agreement, the Pueblo and DOE/NNSA had agreed upon compensation in the amount of $4,663,621 for the Right-of-Way and the Council, by SI-R18-006, determined it was in the Pueblo's best interest to accept the agreed upon compensation and to waive the valuation pursuant to 25 CFR §169.110(a).
(i) The Council determines that it is in the best interest of the Pueblo not to require additional compensation from DOE/NNSA for the additional acreage resulting from the changed Right-of-Way boundary.
(j) The Council, having reviewed the Amendment to Right-of-Way document, attached hereto, finds approval of the Amendment is in the best interest of the Pueblo.
(k) The Council acknowledges that all other terms of the October 6, 2017 Right-of-Way Agreement remain in full force and effect.
(l) The Council acknowledges that time is of the essence to submit the completed Right-of-Way package to the BIA for approval, and acknowledges that the Governor and the DOE representative, in the interest of addressing the unusual situation involving the changed boundaries and increased acreage as quickly as possible, had the opportunity to sign the proposed Amendment to Right-of-Way Agreement, with the understanding that the Council must approve the Amendment and ratify the Governor's signature of the document to be effective.
Section 1.4. Authorizations
(a) The Council approves the attached Amendment to Right-of-Way Agreement.
(b) The Council hereby authorizes and ratifies the Governor's May 22, 2018 signature of the Amendment to Right-of Way Agreement document.
(c) The Governor is authorized to make any minor technical non-substantive amendments to the Amendment to Right-of-Way Agreement document as may be necessary, provided that the Council is informed of such amendments.
(d) 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.
