Resolution No. SI-R25-003: Cemetery Designation Act of 2025

At a duly called meeting of the Council of San Ildefonso Pueblo on the 23rd day of May, 2025, the following resolution was adopted:

WHEREAS, the Pueblo has identified the need to address the overcrowding issues at the current cemetery due to the limited space available for new burials and the need to avoid any disturbance of existing graves; and,

WHEREAS, beginning in February 2023, the Pueblo initiated a public process to determine whether an expansion of the existing cemetery could be accomplished or whether a new location for a cemetery should be identified ("Project"); and,

WHEREAS, in July 2023, the Pueblo conducted a public meeting about the Project; and,

WHEREAS, the public discussion about the Project has included church officials, Pueblo officials and employees, traditional leaders of the Pueblo, and the general public ; and,

WHEREAS, the traditional leaders of the North Kiva and the South Kiva ("Traditional Leaders") were consulted throughout the process, including the efforts to select a suitable location for a new cemetery; and,

WHEREAS, the Pueblo's Realty Office ("Realty Office"), Department of Environmental and Cultural Preservation ("DECP"), and Tribal Historic Preservation Office ("THPO") were included in the discussions involving the Project to determine if the lands under consideration for a new cemetery were legally available, not likely to cause environmental harm to the water table and other resources, and did not contain any culturally significant sites; and,

WHEREAS, the Pueblo also consulted with outside experts regarding the siting of a new cemetery including a professional cemetery Planner who provided helpful insights into the details and issues involved in establishing a new cemetery; and,

WHEREAS, after extensive consultation with interested parties, the Pueblo reached a preliminary recommendation about the Project that identified four (4) possible locations for a new cemetery since expanding the existing cemetery in front of the church was not an option due to the existing gravesites, archeological sites, and limited space available; and,

WHEREAS, after engaging in additional consultation about the Project and the preliminary recommendation, the Traditional Leaders indicated that a public meeting should be conducted to select a location for a new cemetery from the list of four (4) possible locations; and,

WHEREAS, in March 2025, the Pueblo sponsored a public meeting to discuss and analyze the four (4) possible locations for a new cemetery, culminating in the preliminary selection of the "Coral Area" site, with the church officials indicating their support of the preliminary decision; and,

WHEREAS, the Coral Area site, consisting of approximately two acres of land, was determined to be the best location for a new cemetery because the initial findings of the Realty Office, DECP, and THPO, indicates that the site includes no disputed land claims, the site is large enough to accommodate foreseeable future burials, the site includes reasonable access and parking space, the site has wastewater and water nearby, and that the site is not close to any residential homes.

NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled the "CEMETERY DESIGNATION ACT OF 2025."

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on May 23, 2025, 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.

Raelene Martinez, Council Secretary

COUNCIL REPRESENTATIVE SPONSOR(S): CR Thomas Gonzales

DELIVERY OF THE RESOLUTION TO THE GOVERNOR:

Resolution No. SI-R25-003 was presented to the Governor of the Pueblo de San Ildefonso on the

23rd day of May, 2025, pursuant to the governing Agreement 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.

Raelene Martinez, Council Secretary

GOVERNOR'S ACTION:

{ X } APPROVED

{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:

On this 27^th day of May, 2025.

Christopher A. Moquino, Governor

Presented by the Governor to the Council on the _______ day of ________________, 2025.

COUNCIL'S ACTION:

Override of Governor's veto:

{ } YES

{ } NO

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on _________________, 2025, 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.

Raelene Martinez, Council Secretary

CEMETERY DESIGNATION ACT OF 2025

Section 1.1. Short Title

This enactment shall be known as the "CEMETERY DESIGNATION ACT OF 2025" ("Act").

Section 1.2. Purpose

The purpose of this resolution is to designate a location for a new cemetery for the Pueblo and to authorize the Governor to oversee and regulate the use of the new cemetery .

Section 1.3. Findings

The Council hereby finds and declares that:

(a) The Pueblo has identified the need to address the overcrowding issues at the current cemetery due to the limited space available for new burials and the need to avoid any disturbance of existing graves; and,

(b) Beginning in February 2023, the Pueblo initiated a public process to determine whether an expansion of the existing cemetery could be accomplished or whether a new location for a cemetery should be identified ("Project"); and,

(c) In July 2023, the Pueblo conducted a public meeting about the Project; and,

(d) The public discussion about the Project has included church officials, Pueblo officials and employees, traditional leaders of the Pueblo, and the general public; and,

(e) The traditional leaders of the North Kiva and the South Kiva ("Traditional Leaders") were consulted throughout the process, including the efforts to select a suitable location for a new cemetery; and,

(f) The Pueblo's Realty Office ("Realty Office"), Department of Environmental and Cultural Preservation ("DECP"), and Tribal Historic Preservation Office ("THPO") were included in the discussions involving the Project to determine if the lands under consideration for a new cemetery were legally available, not likely to cause environmental harm to the water table and other resources, and did not contain any culturally significant sites; and,

(g) The Pueblo also consulted with outside experts regarding the siting of a new cemetery including a professional cemetery Planner who provided helpful insights into the details and issues involved in establishing a new cemetery; and,

(h) After extensive consultation with interested parties, the Pueblo reached a preliminary recommendation about the Project that identified four (4) possible locations for a new cemetery since expanding the existing cemetery in front of the church was not an option due to the existing gravesites, archeological sites, and limited space available; and,

(i) After engaging in additional consultation about the Project and the preliminary recommendation, the Traditional Leaders indicated that a public meeting should be conducted to select a location for a new cemetery from the list of four (4) possible locations; and,

(j) In March 2025, the Pueblo sponsored a public meeting to discuss and analyze the four (4) possible locations for a new cemetery, culminating in the preliminary selection of the "Coral Area" site, with the church officials indicating their support of the preliminary decision; and,

(k) The Coral Area site, consisting of approximately two acres of land, was determined to be the best location for a new cemetery because the initial findings of the Realty Office, DECP, and THPO, indicates that the site includes no disputed land claims, the site is large enough to accommodate foreseeable future burials, the site includes reasonable access and parking space, the site has wastewater and water nearby, and that the site is not close to any residential homes.

Section 1.4. Location of the New Cemetery

(a) The Council hereby designates the Coral Area site, consisting of approximately two acres, as the location for the new cemetery for the Pueblo, subject to final approval by the Governor of the specific demarcation and parameters of the site.

(b) Prior to the final designation of the Coral Area site as the location of the new cemetery, the Governor shall consult with the Realty Office, DECP, and THPO to ensure that the Pueblo has proper title and control by the area, and that no adverse environmental or cultural issues are present at the site.

(c) Upon final approval of the site for the new cemetery, the Council hereby authorizes and directs the Governor to conduct site preparation including constructing a visible demarcation of the site as a cemetery in order to avoid unnecessary disturbance of the site.

Section 1.5. Non-denominational Burials

The new cemetery location shall be open for use by all Members of the Pueblo and their families regardless of their religious beliefs or religious denomination.

Section 1.6. Regulation of the Cemetery

The Governor, or his designee, shall promulgate written regulations governing the use of the new cemetery in an orderly and respectful manner, which shall include an orderly and fair designation process of burial sites based on an established grid of available sites. The regulations shall address the designated official(s) who shall be vested with the authority to oversee and approve burials in accordance with the culture, beliefs, and values of the Pueblo.

Section 1.7. Authorization of Funding

The Council hereby authorizes up to $50,000 for initial planning and preparation of the Coral Area site as the location of the new cemetery for the Pueblo, subject to an appropriation of funds in an Annual Budget or Budget Modification for such purposes.