Resolution No. SI-R22-021: Act Authorizing Right-Of-Way for Gas Line to Odo Po Properties
WHEREAS, the Pueblo de San Ildefonso ("Pueblo") possesses inherent sovereign powers over the Pueblo's lands; and,
WHEREAS, the Pueblo owns three (3) properties and associated buildings known as the Odo Po Properties located within the Pueblo's lands; and
WHEREAS, the Pueblo desires to run a natural gas line to serve these properties as shown on the attached Exhibit A; and
WHEREAS, the Bureau of Indian Affairs Northern Pueblos Agency informed the Pueblo that although the Odo Po Properties are owned by the Pueblo, a formal right-of-way must be granted to New Mexico Gas Company for the natural gas line rather than a service line agreement; and
WHEREAS, the Council has determined that it is in the best interest of the Pueblo to authorize a right-of way for a natural gas line to the Odo Po Properties.
NOW THEREFORE BE IT RESOLVED that the Council hereby enacts the attached law entitled "ACT AUTHORIZING RIGHT-OF-WAY FOR GAS LINE TO ODO PO PROPERTIES."
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on November 9, 2022, at a meeting with a vote of 8 in favor, 0 opposed, 0 abstaining and 2 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 |
|---|---|---|---|---|
| Tom Garcia | X | |||
| Thomas Gonzales | X | |||
| M. Wayne Martinez, Jr. | X | |||
| Michael Martinez | X | |||
| Nichole S. Martinez | X | |||
| Raymond J. 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-R22-021 was presented to the Governor of the Pueblo de San Ildefonso on the 9th day of November, 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 14th day of November, 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
ACT AUTHORIZING RIGHT-OF-WAY FOR GAS LINE TO ODO PO PROPERTIES
Section 1.1. Short Title
This enactment shall be known as the "Act Authorizing Right-of-Way for Gas Line to Odo Po Properties" (the "Act").
Section 1.2. Purpose
The purpose of this Act is to authorize a right-of-way for a natural gas line to serve the Pueblo's Odo Po Properties.
Section 1.3. Findings
(a) The Pueblo de San Ildefonso ("Pueblo") possesses inherent sovereign powers over the Pueblo's lands.
(b) The Pueblo owns three (3) properties and associated buildings known as the Odo Po Properties located within the Pueblo's lands.
(c) The Pueblo desires to run a natural gas line to serve these properties as shown on Exhibit A.
(d) The Bureau of Indian Affairs Northern Pueblos Agency informed the Pueblo that although the Odo Po Properties are owned by the Pueblo, a formal right-of-way must be granted to New Mexico Gas Company for the gas line rather than a service line agreement.
(e) The Council has determined that it is in the best interest of the Pueblo to authorize a right-of way for a natural gas line to the Odo Po Properties.
Section 1.4. Authorizations
(a) The Council hereby authorizes a right-of-way to be granted to the New Mexico Gas Company to install natural gas lines to the Odo Po Properties subject to the following terms:
1. The right-of-way shall be 20 feet wide for approximately 1350 feet of gas line consisting of approximately 1.61 acre of land. The final location and acreage shall be determined by the survey which shall be completed and incorporated as part of the final right-of-way grant.
2. The term of the right-of-way shall be for twenty-five (25) years, renewable for a second term of twenty-five (25) years, provided that the right-of-way is used for the specified purpose of providing natural gas to the Odo Po Properties.
3. There shall be no annual right-of-way compensation required from the New Mexico Gas Company (the "Grantee") since the natural gas line has been requested by the Pueblo and will serve properties owned by the Pueblo.
4. The right-of-way may be cancelled by the Pueblo and the Grantee, under any negotiated remedies identified in 25 CFR §169.403 and/or in whole or in part by the Pueblo under 25 CFR §169.404, or for cause upon thirty (30) days written notice, and failure of the Grantee to correct the basis for cancellation within the notice period as stated in 25 CFR §169.405.
5. The Pueblo reserves its jurisdiction over the land subject to the right-of-way, and any person or activity within the right-of-way.
(b) The Council hereby authorizes the Governor, and his designee(s) to execute all actions and all documents necessary to initiate the intent of this Act.
