Resolution No. SI-R18-028: Grant Application and Authorization Act of 2018

At a duly called meeting of the Council of San Ildefonso Pueblo on the 26th day of November, 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 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 Pueblo receives significant funds through grants from governmental and private sources to operate the Pueblo's government and programs for the benefit of the People; and

WHEREAS, the Council supports and encourages the Governor and Executive Branch Departments to apply for and obtain available grant funds for the benefit of the Pueblo; and

WHEREAS, the Council finds it is in the best interests of the Pueblo to provide the Governor and Executive Branch with an efficient and streamlined process to authorize the Pueblo to apply for and receive grants.

NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled, "Grant Application and Authorization Act of 2018."

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 November 26, 2018, at a meeting with a vote of 7 in favor, 0 opposed, 0 abstaining and 3 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

DELIVERY OF THE RESOLUTION TO THE GOVERNOR:

Resolution No. SI-R18-028 was presented to the Governor of the Pueblo de San Ildefonso on the 26th day of November , 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

GOVERNOR'S ACTION:

{ } APPROVED

{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:

On this ____ day of ____________, 2018.

Perry M. Martinez, Governor

Presented by the Governor to the Council on the ____ day of ____________, 2018.

COUNCIL'S ACTION:

Override of Governor's veto:

{ } YES

{ } NO

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

GRANT APPLICATION AND AUTHORIZATION ACT OF 2018

Section 1.1. Short Title

This enactment shall be known as the "Grant Application and Authorization Act of 2018" ("Act").

Section 1.2. Definitions

(a) "Agreement" means the Pueblo de San Ildefonso Governing Agreement.

(b) "Council" means the Pueblo de San Ildefonso Council.

(c) "Pueblo" means the Pueblo de San Ildefonso.

Section 1.3. Purpose

The purpose of this Act is to provide the Governor and Executive Branch Departments with standing authority for two years to apply for and obtain grant funds for the Pueblo without the need to seek legal authorization from the Council for each grant application on a case-by-case basis.

Section 1.4. Findings

The Council hereby finds that:

(a) The Pueblo receives significant funds through grants from governmental and private sources to operate the Pueblo's government and programs for the benefit of the People; and

(b) The Council supports and encourages the Governor and Executive Branch Departments to apply for and obtain available grant funds for the benefit of the Pueblo; and

(c) Section 5(a)(ii)(A) of the Governing Agreement permits the Council to make budget modifications without limitation at any time to obtain and expend new grants funds or to appropriate matching funds for new grants, which demonstrates the Pueblo's support for a streamlined and efficient application and expenditure process; and

(d) The Council finds it in the best interest of the Pueblo to provide the Governor and Executive Branch with an efficient and streamlined process to authorize the Pueblo to apply for, receive, and expend grant funds.

Section 1.5. Grant Authorization

(a) The Governor and Executive Branch Departments are hereby authorized to apply for and receive grant funds from any governmental or private source for the benefit of the Pueblo for the Fiscal Years 2018-2019 and 2019-2020; provided that any matching funds that may be required to obtain a grant shall be separately appropriated in a budget or budget modification prior to the acceptance of such grant, and provided further, that no grant shall be accepted unless such grant includes funds for the Pueblo's indirect costs or the Council has specifically authorized the acceptance of the grant without indirect costs; and

(b) The Governor is hereby authorized to prepare the necessary documents to apply for and obtain grant funds in a form and manner acceptable to the funding source, including the authorization to prepare and certify a Council Resolution that may be required by the funding source and such Resolution shall include the date and vote tallies of this Act and such Resolution shall not be required to be presented to Council for another approval; and

(c) The Governor shall provide written notice to the Council of all grants applied for and/or obtained by the Pueblo on a quarterly basis.