24.2.11.040 Findings
The Council hereby finds and declares that:
(a) PNM owns and operates the NH Line, a 115 kV electric transmission line, located within the exterior boundaries of the Pueblo.
(b) The previous Easement Agreement for a right-of-way for the NH Line expired on May 21, 2023.
(c) As part of that Easement Agreement, PNM was allowed to install ninety-six (96) fiber optic strands within two static wires on the NH Line provided that PNM was only allowed to use up to twelve (12) fiber optic lines for its internal communication purposes and was prohibited from using any other fiber optic lines for any other purpose without the written approval of the Pueblo and the Bureau of Indian Affairs ("BIA").
(d) The Pueblo and PNM have negotiated terms for a new Easement Agreement for a twenty-year (20) term to begin on May 22, 2023 and end on May 21, 2043.
(e) The Pueblo and PNM have agreed upon compensation in the amount of $6,536,979 in a lump sum payment for the Easement Agreement to the Pueblo within 30 days of the BIA granting and recording the Grant of Easement for Right-of-Way.
(f) PNM agrees to provide four (4) strands of dark fiber to the Pueblo for its use subject to an Indefeasible Right of Use ("IRU") Agreement and PNM agrees to negotiate for access for an additional two (2) strands of dark fiber in the future.
(g) The Council has been fully briefed and has reviewed the proposed Easement Agreement terms and has determined that it is in the best interest of the Pueblo to authorize the Governor to negotiate and sign an Easement Agreement and an IRU Agreement for access to the dark fiber, provided that PNM's use of the remaining ninety-six (96) fiber strands is limited to its internal business communications and PNM shall not use those fibers for any other purpose without the prior written approval by the Pueblo and the BIA.
(h) The Council also finds it is in the best interest of the Pueblo to waive the requirement for a bond as the compensation will be paid in full upon the approval of the Grant of Right-of-Way by the BIA, and to waive the valuation and accept the agreed upon compensation negotiated between the Pueblo and PNM, and to grant a limited waiver of the Pueblo's immunity from suit only to enforce the Easement Agreement and an IRU Agreement.