24.2.10.030 . Findings

The Council hereby finds and declares that:

(a) In 1959, the Pueblo de San Ildefonso ("Pueblo") granted a fifty (50) year easement to the Atomic Energy Commission, the predecessor agency to the U.S. Department of Energy/National Nuclear Security Administration (DOE/NNSA) to construct, operate, and maintain water wells, water lines and facilities, power transmission lines, access roads and related facilities on Pueblo lands in the Guaje Canyon area.

(b) Pursuant to a 1992 Supplemental Agreement with DOE, the DOE elected to cease operation of the water wells, water and electric lines, and other related facilities within the original easement and required use of the original easement through December 31, 1996, to allow for the removal and abandonment of DOE's improvements constructed on the easement and restoration of the easement property.

(c) Under the 1992 Supplemental Agreement, in the event that the Pueblo did not exercise its right to purchase the improvements and DOE did not exercise its right to remove the improvements, the improvements would become the property of the Pueblo, provided that DOE agreed to tie in the abandoned transmission lines into the Jemez Mountain Electric Cooperative, Inc. ("JMEC") system at no cost to the Pueblo to avoid loss of electric service to the Pueblo's properties.

(d) Under the Supplemental Agreement, DOE agreed to transfer the abandoned power transmission lines to the Pueblo on the date the of the tie in to the JMEC system, however, DOE transferred the transmission lines to the Pueblo pursuant to a Material Shipping Report, dated March 2, 1993, without the agreed tie-in to the JMEC system.

(e) When the Pueblo inquired in 1999 about extending temporary power in the Totavi area, DOE informed the Pueblo that the transmission lines were no longer DOE property as a result of the transfer in 1993; and,

(f) DOE/NNSA has determined that the 1993 Material Shipping Report was not a legally binding document and wishes to properly document the transfer of the transmission lines that took place under the Material Shipping Report; and,

(g) DOE/NNSA has proposed the attached Quit Claim Deed to properly document the transfer of the transmission lines, poles and other equipment shown on the Guaje Line Pole List attached to the Quit Claim Deed as Exhibit B, subject to the following terms:

1. DOE/NNSA is released from all operation and maintenance responsibilities for the identified transmission lines, poles and other equipment.

2. DOE/NNSA will be responsible to tie-in the Guaje Line to the JMEC system at no cost to the Pueblo in accordance with the 1992 Supplemental Agreement.

3. The Pueblo will receive electric service through Las Alamos County at the Pueblo's expense until the tie-in to the JMEC is complete.

(h) The Council has been fully briefed and has reviewed the proposed Quit Claim Deed document and attachments and has determined that it is in the best interest of the Pueblo to authorize the Governor to sign a form of the Quit Claim Deed.