Resolution No. SI-R24-010: Authorizing the San Ildefonso Housing Authority to Apply for a 2024 Indian Community Development Block Grant for New Construction on Behalf of the Pueblo, Evidence of Citizen Participation and Commitment of Tribal Funds for the Project

At a duly called meeting of the Council of San Ildefonso Pueblo on the 15th day of July, 2024, 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 sovereign authority of the Pueblo is vested in its Council and Governor; and,

WHEREAS, San Ildefonso Housing Authority ("SIHA") is the Tribally Designated Housing Entity ("TDHE") authorized to develop, rehabilitate and manage affordable housing activities for San Ildefonso and to participate in the design and implementation of comprehensive community and housing development activities; and; and,

WHEREAS, the Pueblo and SIHA has determined that the lack of new sustainable homes impedes ICDBG eligible family's ability to remain living on the reservation and risks the health, safety and well-being of San Ildefonso Tribal members and therefore threatens the viability of the Pueblo; and,

WHEREAS, eligible Tribal Organizations are permitted to submit applications under the Community Development Block Grant for Indian Tribes and Alaska Villages regulation 24 CFR 1003.5(b); and,

WHEREAS, SIHA is recognized by the Bureau of Indian Affairs as an eligible Tribal Organization as defined in Title I of the Indian Self Determination Education and Assistance Act, and as a Tribal Organization, the Pueblo Housing Authority is also therefore an eligible recipient under that Act; and,

WHEREAS, only Community Based Development Organizations ("CBDO") may apply for ICDBG funding for New Construction and HUD has confirmed SIHA meets the definition of a CBDO under 24 C.F.R. 1003.204; and,

WHEREAS, the Pueblo must meet certain threshold requirements in order to be deemed eligible for ICDBG funding whether the application is made directly by the Pueblo or on the Pueblo's behalf by an eligible tribal organization and the Pueblo intends to fully comply with the threshold requirements and of the 2024 ICDBG application process, including the citizen participation requirements; and,

WHEREAS, the Pueblo, through activities carried by SIHA, sought and considered community input and posted the Citizen Participation Statement, Budget and Schedule for the Homeownership Assistance Project in advance of the 2024 Indian Community Development Block Grant Application in compliance with the Notice of Funding Availability governing the contents of the application for 2024 ICDBG funding expressed at 24 C.F.R. § 1003.604(a), and has considered comments received in preparing the application; and,

WHEREAS, SIHA has adopted a code of ethics policy and, in coordination with the Pueblo, prepared and disclosed to the public a statement of conflict of interests, specifically that no conflict of interest exists within the qualified applicants for the Homeownership Assistance project nor the criteria for the selection of the proposed beneficiaries; and,

WHEREAS, SIHA has adopted the Fiscal Management and Procurement and Contract Management policies that meets 2 CFR 200 requirements.

NOW THEREFORE BE IT RESOLVED THAT, Ildefonso Housing Authority to apply for Fiscal Year 2024 ICDGB funding on behalf of the Pueblo.

BE IT FINALLY RESOLVED, that the Pueblo de San Ildefonso hereby,

1. commits $150,000 in tribal funds for new construction homes for eligible LMI families;

2. certifies the Citizen Participation requirements were followed as expressed in 24 C.F.R. § 1003.604(a) and therefore has met those requirements;

3. authorizes San Ildefonso Housing Authority to take any and all actions necessary to effectuate the intent of the Project and the 2024 ICDBG application and process.

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on July 15^th, 2024, 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.

________________________________

Denise Moquino, Council Secretary

COUNCIL REPRESENTATIVE SPONSOR(S): Council Representatives

DELIVERY OF THE RESOLUTION TO THE GOVERNOR:

Resolution No. SI-R24-010 was presented to the Governor of the Pueblo de San Ildefonso on the 15^th day of July, 2024, 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.

Denise Moquino, Council Secretary

GOVERNOR'S ACTION:

{ X } APPROVED

{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:

On this 15^th day of July, 2024.

Christopher A. Moquino, Governor

Presented by the Governor to the Council on the _______ day of ________________, 2024.

COUNCIL'S ACTION:

Override of Governor's veto:

{ } YES

{ } NO

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on _________________, 2024, 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.

Denise Moquino, Council Secretary

AUTHORIZING THE SAN ILDEFONSO HOUSING AUTHORITY TO APPLY FOR A 2024 INDIAN COMMUNITY DEVELOPMENT BLOCK GRANT FOR NEW CONSTRUCTION ON BEHALF OF THE PUEBLO, EVIDENCE OF CITIZEN PARTICIPATION AND COMMITMENT OF TRIBAL FUNDS FOR THE PROJECT

Section 1.1. Short Title

This enactment shall be known as the "AUTHORIZATION FOR THE SAN ILDEFONSO HOUSING AUTHORITY TO APPLY FOR A 2024 INDIAN COMMUNITY DEVELOPMENT BLOCK GRANT ON BEHALF OF THE PUEBLO" ("Act").

Section 1.2. Purpose

The purpose of this resolution is to authorize the San Ildefonso Housing Authority to apply for an Indian Community Development Block Grant for eligible families to be able to remain living on the reservation and to ensure the health, safety and well-being of San Ildefonso Tribal members is critical to the viability of the Pueblo community.

Section 1.3. Findings

The San Ildefonso Council hereby finds that,

(a) San Ildefonso Housing Authority ("SIHA") is the Tribally Designated Housing Entity ("TDHE") authorized to develop, rehabilitate and manage affordable housing activities for San Ildefonso and to participate in the design and implementation of comprehensive community and housing development activities.

(b) The Pueblo and SIHA has determined that the lack of new sustainable homes impedes ICDBG eligible family's ability to remain living on the reservation and risks the health, safety and well-being of San Ildefonso Tribal members and therefore threatens the viability of the Pueblo.

(c) Eligible Tribal Organizations are permitted to submit applications under the Community Development Block Grant for Indian Tribes and Alaska Villages regulation 24 CFR 1003.5(b).

(d) SIHA is recognized by the Bureau of Indian Affairs as an eligible Tribal Organization as defined in Title I of the Indian Self Determination Education and Assistance Act, and as a Tribal Organization, the Pueblo Housing Authority is also therefore an eligible recipient under that Act.

(e) SIHA is recognized by the Bureau of Indian Affairs as an eligible Tribal Organization as defined in Title I of the Indian Self Determination Education and Assistance Act, and as a Tribal Organization, the Pueblo Housing Authority is also therefore an eligible recipient under that Act.

(f) Only Community Based Development Organizations ("CBDO") may apply for ICDBG funding for New Construction and HUD has confirmed SIHA meets the definition of a CBDO under 24 C.F.R. 1003.204.

(g) The Pueblo must meet certain threshold requirements in order to be deemed eligible for ICDBG funding whether the application is made directly by the Pueblo or on the Pueblo's behalf by an eligible tribal organization and the Pueblo intends to fully comply with the threshold requirements and of the 2024 ICDBG application process, including the citizen participation requirements.

(h) The Pueblo, through activities carried by SIHA, sought and considered community input and posted the Citizen Participation Statement, Budget and Schedule for the Homeownership Assistance Project in advance of the 2024 Indian Community Development Block Grant Application in compliance with the Notice of Funding Availability governing the contents of the application for 2024 ICDBG funding expressed at 24 C.F.R. § 1003.604(a), and has considered comments received in preparing the application

(i) SIHA has adopted a code of ethics policy and, in coordination with the Pueblo, prepared and disclosed to the public a statement of conflict of interests, specifically that no conflict of interest exists within the qualified applicants for the Homeownership Assistance project nor the criteria for the selection of the proposed beneficiaries.

(j) SIHA has adopted the Fiscal Management and Procurement and Contract Management policies that meets 2 CFR 200 requirements.

Section 1.4. Authorizations

The Pueblo de San Ildefonso hereby,

(a) commits $150,000 in forgivable mortgages to eligible homebuyers to acquire buildable lots.

(b) certifies the Citizen Participation requirements were followed as expressed in 24 C.F.R. § 1003.604(a) and therefore has met those requirements.

(c) authorizes San Ildefonso Housing Authority to take any and all actions necessary to effectuate the intent of the Project and the 2024 ICDBG application and process.