Resolution No. SI-R21-029: Waste Water System Project Land Designation Act

At a duly called meeting of the Council of San Ildefonso Pueblo on the 24th day of November , 2021, the following law was adopted:

WHEREAS, the Pueblo de San Ildefonso ("Pueblo") has received a grant for infrastructure improvement from the U.S. Department of Agriculture – Rural Development ("USDA-RD"); and,

WHEREAS, the USDA-RD requires the Pueblo provide evidence that the Pueblo has acquired continuous and adequate authorization for the land to be used for the construction, operation, and maintenance of the waste water system; and,

WHEREAS, the Council has authority to enact laws pertaining to all lands, persons and activities within the Pueblo pursuant to the governing Agreement; and,

WHEREAS, the Council has the sovereign power and governmental authority to designate Pueblo land for the benefit of the Pueblo and to support the provision of public services to its members and residents, government and businesses; and,

WHEREAS, such a designation of land for the benefit of the Pueblo does not convey or alienate any interests in such lands to a third party or encumber those lands for the benefit of any third party and therefore does not require the approval of the Secretary of the Interior; and,

WHEREAS, the Council reviewed and considered the attached survey map of the location and description of all land held by the Pueblo that is authorized for the waste water facilities and has determined it is in the best interests of the Pueblo to designate this land for the public purposes of construction, operation, and maintenance of the waste water system.

NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled, "WASTE WATER SYSTEM PROJECT LAND DESIGNATION ACT."

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on November 24, 2021, at a meeting with a vote of 6 in favor, 0 opposed, 1 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.

Terrence K. Garcia, Council Secretary

COUNCIL REPRESENTATIVE SPONSOR(S): Council Representatives

DELIVERY OF THE RESOLUTION TO THE GOVERNOR:

Resolution No. SI-R21-028 was presented to the Governor of the Pueblo de San Ildefonso on the 24^th day of November, 2021, 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.

Terrence K. Garcia, Council Secretary

GOVERNOR'S ACTION:

{ X } APPROVED

{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:

On this 29^th day of November, 2021.

Christopher Moquino, Governor

Presented by the Governor to the Council on the _______ day of ________________, 2021.

COUNCIL'S ACTION:

Override of Governor's veto:

{ } YES

{ } NO

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on _________________, 2021, 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.

Terrence K. Garcia, Council Secretary

WASTE WATER SYSTEM PROJECT LAND DESIGNATION ACT

Section 1.1. Short Title

This enactment shall be known as the "WASTE WATER SYSTEM PROJECT LAND DESIGNATION ("Act")."

Section 1.2. Purpose

The Purpose of this Act is to designate certain Pueblo lands for the benefit of the Pueblo and to support the provision of public services to its members, residents, government and businesses.

Section 1.3. Definitions

The Council hereby finds and declares that:

(a) "Act" means the "Waste Water System project Land Designation Act."

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

(c) "USDA-RD" means the United States Department of Agriculture – Rural Development.

Section 1.4. Findings

(a) The Pueblo has received a grant for infrastructure improvement from the USDA-RD.

(b) The USDA-RD requires the Pueblo provide evidence that the Pueblo has acquired continuous and adequate authorization for the land to be used for the construction, operation, and maintenance of the waste water system.

(c) The Council has authority to enact laws pertaining to all lands, persons and activities within the Pueblo pursuant to the governing Agreement.

(d) The Council has the sovereign power and governmental authority to designate Pueblo land for the benefit of the Pueblo and to support the provision of public services to its members and residents, government and businesses.

(e) Such a designation of Pueblo land for the benefit of the Pueblo does not convey or alienate any interests in such lands to a third party or encumber those lands for the benefit of any third party and therefore does not require the approval of the Secretary of the Interior.

(f) the Council reviewed and considered the attached survey map entitled "Permanent and Construction Land Dedicated for Public Use for Utilities" showing the location and description of all land held by the Pueblo that is authorized for the waste water facilities and has determined it is in the best interests of the Pueblo to designate this land for the public purposes of construction, operation, and maintenance of the waste water system.

Section 1.5. Authorizations

(a) The Council hereby approves the designation of the Pueblo land described in the attached survey map entitled "Permanent and Construction Land Dedicated for Public Use for Utilities" for the public purposes of the construction, operation, and maintenance of the waste water system and such designation shall remain in full force and effect for so long as the land shall be required for the waste water system facilities.

(b) The Governor and legal counsel are authorized to take all necessary actions to perfect such designation and to prepare and execute such documents as may be necessary to give full force and effect to the intent of this Act.