Resolution No. SI-R22-004: Land Interest Prohibitions and Residency Requirements for Non-Tribal Members Act
At a duly called meeting of the Council of San Ildefonso Pueblo on the 5th day of May, 2022, the following law was adopted:
WHEREAS, the Pueblo de San Ildefonso (Pueblo) has a long-standing custom and common law that prohibits non-members of the Pueblo from acquiring land or interests in land within the Pueblo; and,
WHEREAS, the Pueblo is experiencing increasing pressures on land and land uses and has identified the need to codify the custom prohibiting the transfers of land and interests in land to non-members of the Pueblo; and,
WHEREAS, the Pueblo has also identified the need to clarify the law requiring non-members of the Pueblo who seek to reside within the Pueblo with a member of the Pueblo to register and to seek permission to become a resident; and,
WHEREAS, the Pueblo has also identified the need to protect those resident non-members of the Pueblo who have lived in the Pueblo and who have respected the customs and laws of the Pueblo for at least the past five years to remain resident of the Pueblo without the need to register and seek permission to remain; and,
WHEREAS, the Pueblo has identified the need to enact a law to allow a resident widow or widower of a member of the Pueblo to continue their residency within the Pueblo subject to approval by the Governor.
NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled "LAND INTEREST PROHIBITIONS AND RESIDENCY REQUIREMENTS FOR NON-TRIBAL MEMBERS ACT."
THE LAND INTEREST PROHIBITIONS AND RESIDENCY REQUIREMENTS FOR NON-TRIBAL MEMBERS ACT
Section 1.1. Short Title
This enactment shall be known as the "LAND INTEREST PROHIBITIONS AND RESIDENCY REQUIREMENTS FOR NON-TRIBAL MEMBERS ACT" ("Act").
Section 1.2. Purpose
The purpose of this Act is to codify the Pueblo's custom and common-law that prohibits non-members from acquiring land or interests in land within the Pueblo and clarify the requirements for non-members wishing to reside within the Pueblo.
Section 1.3. Findings
The Council hereby finds and declares that:
(a) the Pueblo de San Ildefonso (Pueblo) has a long-standing custom and common law that prohibits non-members of the Pueblo from acquiring land or interests in land within the Pueblo.
(b) the Pueblo is experiencing increasing pressures on land and land uses and has identified the need to codify the custom prohibiting the transfers of land and interests in land to non-
members of the Pueblo.
(c) the Pueblo has also identified the need to clarify the law requiring non-members of the Pueblo who seek to reside within the Pueblo with a member of the Pueblo to register and to seek permission to become a resident.
(d) the Pueblo has also identified the need to protect those resident non-members of the Pueblo who have lived in the Pueblo and who have respected the customs and laws of the Pueblo for at least the past five years to remain resident of the Pueblo without the need to register and seek permission to remain.
(e) the Pueblo has identified the need to enact a law to allow a resident widow or widower of a member of the Pueblo to continue their residency within the Pueblo subject to approval by the Governor.
Section 1.4. Amendments.
(a) Part 24.1.1 Zoning and Planning, Building Permits, and Miscellaneous of the Pueblo's Code is amended as follows:
Section 24.1.1.010. Restrictions for Land Assignments, Homes, and Buildings
a. OWNERSHIP RIGHTS LIMITED TO TRIBAL MEMBERS. Ownership of the Pueblo's lands is vested in the Pueblo de San Ildefonso and held in common for the benefit of its tribal members.
Any assignment of the Pueblo's lands including individual land assignments and rights or property interests to homes or structures on land assignments are restricted to San Ildefonso Pueblo tribal members.
b. TRANSFER OF LAND ASSIGNMENT, INTERESTS IN LAND ASSIGNMENTS, HOMES OR BUILDINGS TO NON-MEMBERS PROHIBITED. No ownership or property interest in a land assignment, home or buildings or any other real property interest within the Pueblo's lands held by a Pueblo member shall be sold, deeded or transferred to a non-member of the Pueblo.
c. APPROVAL REQUIRED FOR USE OF PROPERTY BY NON-MEMBERS. Members of the Pueblo of San Ildefonso shall obtain prior written approval from the Governor before renting, leasing or lending any buildings, houses, land assignments, or any interest in a land assignment, under their ownership or control and within the jurisdiction of the Pueblo to a non-member of the Pueblo.
d. APPROVAL REQUIRED FOR RESIDENCE BY NON-MEMBER SPOUSES OR OTHERS. All non-members who plan to reside in the Pueblo or on Pueblo land with their member spouse or any other San Ildefonso tribal member must first report to the Governor before taking up residence, and must sign an agreement to respect and abide by all laws, customs, rules and regulations of the Pueblo including consenting to the jurisdiction of the Pueblo's Courts; provided, that non-member residents of the Pueblo who have continuously resided for at least five (5) years with a member of the Pueblo immediately prior to December 21, 2011, shall not be required to sign an agreement as a condition to continued residency so long as they are in compliance with the laws, customs, rules, and regulations of the Pueblo. A widowed non-member spouse of a member of the Pueblo who wishes to remain a resident of the Pueblo must request permission from the Governor to continue their residency. The Governor shall be authorized to issue regulations to govern the actions and conduct of non-members who reside on the Pueblo including the terms of written agreements setting conditions for non-members to maintain residency, which may include a code of conduct that conforms to the laws, customs, and traditions of the Pueblo.
(b) The amendments supersede all prior laws and code sections and shall be effective immediately.
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on May 5, 2022, 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.
M. Wayne Martinez, Council Secretary
COUNCIL REPRESENTATIVE SPONSOR(S): Council Representatives
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| Raymond J. Martinez | X | |||
| Tom Garcia | X | |||
| Thomas Gonzales | X | |||
| M. Wayne Martinez, Jr. | X | |||
| Nichole S. Martinez | X | |||
| Michael Martinez | X | |||
| Thomas Martinez | X | |||
| Denise Moquino | X | |||
| Nathan Sanchez | X | |||
| Irene Tse-Pe | X |
DELIVERY OF THE RESOLUTION TO THE GOVERNOR:
Resolution No. SI-R22-004 was presented to the Governor of the Pueblo de San Ildefonso on the 5th day of May, 2022, 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.
M. Wayne Martinez, Council Secretary
{ X } APPROVED
{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:
On this 11th day of May, 2022.
Christopher A. Moquino, Governor
Presented by the Governor to the Council on the _______ day of ________________, 2022.
Override of Governor's veto:
{ } YES
{ } NO
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| Raymond J. Martinez | ||||
| Tom Garcia | ||||
| Thomas Gonzales | ||||
| M. Wayne Martinez, Jr. | ||||
| Nichole S. Martinez | ||||
| Michael Martinez | ||||
| Thomas Martinez | ||||
| Denise Moquino | ||||
| Nathan Sanchez | ||||
| Irene Tse-Pe |
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on _________________, 2022, 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.
M. Wayne Martinez, Council Secretary
THE LAND INTEREST PROHIBITIONS AND RESIDENCY REQUIREMENTS FOR NON-TRIBAL MEMBERS ACT
Section 1.1. Short Title
This enactment shall be known as the "LAND INTEREST PROHIBITIONS AND RESIDENCY REQUIREMENTS FOR NON-TRIBAL MEMBERS ACT" ("Act").
Section 1.2. Purpose
The purpose of this Act is to codify the Pueblo's custom and common-law that prohibits non-members from acquiring land or interests in land within the Pueblo and clarify the requirements for non-members wishing to reside within the Pueblo.
Section 1.3. Findings
The Council hereby finds and declares that:
(a) the Pueblo de San Ildefonso (Pueblo) has a long-standing custom and common law that prohibits non-members of the Pueblo from acquiring land or interests in land within the Pueblo.
(b) the Pueblo is experiencing increasing pressures on land and land uses and has identified the need to codify the custom prohibiting the transfers of land and interests in land to non-
members of the Pueblo.
(c) the Pueblo has also identified the need to clarify the law requiring non-members of the Pueblo who seek to reside within the Pueblo with a member of the Pueblo to register and to seek permission to become a resident.
(d) the Pueblo has also identified the need to protect those resident non-members of the Pueblo who have lived in the Pueblo and who have respected the customs and laws of the Pueblo for at least the past five years to remain resident of the Pueblo without the need to register and seek permission to remain.
(e) the Pueblo has identified the need to enact a law to allow a resident widow or widower of a member of the Pueblo to continue their residency within the Pueblo subject to approval by the Governor.
Section 1.4. Amendments.
(a) Part 24.1.1 Zoning and Planning, Building Permits, and Miscellaneous of the Pueblo's Code is amended as follows:
Section 24.1.1.010. Restrictions for Land Assignments, Homes, and Buildings
a. OWNERSHIP RIGHTS LIMITED TO TRIBAL MEMBERS. Ownership of the Pueblo's lands is vested in the Pueblo de San Ildefonso and held in common for the benefit of its tribal members.
Any assignment of the Pueblo's lands including individual land assignments and rights or property interests to homes or structures on land assignments are restricted to San Ildefonso Pueblo tribal members.
b. TRANSFER OF LAND ASSIGNMENT, INTERESTS IN LAND ASSIGNMENTS, HOMES OR BUILDINGS TO NON-MEMBERS PROHIBITED. No ownership or property interest in a land assignment, home or buildings or any other real property interest within the Pueblo's lands held by a Pueblo member shall be sold, deeded or transferred to a non-member of the Pueblo.
c. APPROVAL REQUIRED FOR USE OF PROPERTY BY NON-MEMBERS. Members of the Pueblo of San Ildefonso shall obtain prior written approval from the Governor before renting, leasing or lending any buildings, houses, land assignments, or any interest in a land assignment, under their ownership or control and within the jurisdiction of the Pueblo to a non-member of the Pueblo.
d. APPROVAL REQUIRED FOR RESIDENCE BY NON-MEMBER SPOUSES OR OTHERS. All non-members who plan to reside in the Pueblo or on Pueblo land with their member spouse or any other San Ildefonso tribal member must first report to the Governor before taking up residence, and must sign an agreement to respect and abide by all laws, customs, rules and regulations of the Pueblo including consenting to the jurisdiction of the Pueblo's Courts; provided, that non-member residents of the Pueblo who have continuously resided for at least five (5) years with a member of the Pueblo immediately prior to December 21, 2011, shall not be required to sign an agreement as a condition to continued residency so long as they are in compliance with the laws, customs, rules, and regulations of the Pueblo. A widowed non-member spouse of a member of the Pueblo who wishes to remain a resident of the Pueblo must request permission from the Governor to continue their residency. The Governor shall be authorized to issue regulations to govern the actions and conduct of non-members who reside on the Pueblo including the terms of written agreements setting conditions for non-members to maintain residency, which may include a code of conduct that conforms to the laws, customs, and traditions of the Pueblo.
(b) The amendments supersede all prior laws and code sections and shall be effective immediately.
