17.2.12.050 Council Authorizations and Waivers

(a) The Council has reviewed the proposed monetary compensation that must be paid under the Proposed Business Lease and has determined the amount to be satisfactory to the Pueblo, and the Council hereby waives valuation that may otherwise be required under the Code of Federal Regulations, and has determined that accepting such negotiated compensation and waiving valuation is in the best interests of the Pueblo.

(b) The Council has determined that it is in the Pueblo's best interest that no periodic review of the adequacy of compensation or adjustment be required for the Proposed Business Lease.

(c) The Council has determined that it is in the Pueblo's best interest to waive the requirement of a performance bond or an alternative form of security that may otherwise be required under the Code of Federal Regulations, and further requests that the Bureau of Indian Affairs, Department of the Interior, defer to the Council's express waiver of such bond or security.

(d) The Council has determined that it is in the Pueblo's best interest to provide an express and limited waiver of its immunity from suit, subject to the limitations herein, only as to actions to enforce the Business Lease or any settlement agreement reached in mediation under the Business Lease, provided that the Pueblo's limited waiver of sovereign immunity is granted only to San Ildefonso Services, LLC and not to any other individual or entity, and that the Pueblo de San Ildefonso Tribal Court shall have exclusive jurisdiction over any lawsuit brought pursuant to this limited waiver of immunity.

(e) The Council has determined that the Governor may execute said Business Leases or any other certification required by federal or tribal law.