Res. No. 2024-18. Establishment of the Upper Mattaponi Tribal Historic Preservation Office (THPO).

A Resolution to establish the Upper Mattaponi Tribal Historic Preservation Office (THPO) to assume the responsibilities of the State Historic Preservation Office (SHPO) on tribal lands, ensuring the protection and preservation of the Tribe's historic and cultural resources, and to authorize the creation of supporting boards or commissions to oversee its functions.

At a duly called Regular Meeting of the Upper Mattaponi Tribe Council held this 21 day of November, 2024, the following Resolution and Law were adopted.

WHEREAS, Article VII, Section 4(a) of the Constitution of the Upper Mattaponi Tribe vests legislative power in the Council, granting it the authority to enact laws and adopt resolutions, including those essential to preserving the Tribe's cultural heritage as a sovereign, federally recognized Tribe; and

WHEREAS, as a sovereign nation, the Upper Mattaponi Tribe has the inherent right and responsibility to protect its historic, cultural, and ancestral sites, ensuring that preservation efforts are governed by the Tribe's values, customs, and traditions, rather than external authorities; and

WHEREAS, pursuant to the National Historic Preservation Act (NHPA), 54 U.S.C. § 302702, the Council deems it appropriate for the Upper Mattaponi Tribe to assume the responsibilities of the State Historic Preservation Office (SHPO) on tribal lands, to ensure that tribal historic and cultural resources are preserved under tribal jurisdiction; and

WHEREAS, it is the intent of the Council, through the adoption of this Resolution, to establish a Tribal Historic Preservation Office (THPO) in accordance with 54 U.S.C. § 302701 et seq. (commonly referred to as Section 101(d) of the NHPA), which will assume the functions of the SHPO on Upper Mattaponi tribal lands; and

WHEREAS, pursuant to Article VII, Section 4(d) of the Upper Mattaponi Constitution, the Council holds the authority to create departments, boards, and commissions within the Executive branch by law, including those necessary to support the work of the Tribal Historic Preservation Office (THPO), and may establish any such bodies to oversee and guide the THPO in the fulfillment of its responsibilities; and

WHEREAS, the Council temporarily designates Tribal Citizen Desiree Dyer as the Acting Tribal Historic Preservation Officer to administer the Upper Mattaponi Tribe's THPO Program until a permanent THPO is designated by the Council;

NOW THEREFORE BE IT RESOLVED that the Council of the Upper Mattaponi Tribe hereby authorizes the establishment of the Upper Mattaponi Tribal Historic Preservation Office (THPO) to assume SHPO functions on tribal lands pursuant to 54 U.S.C. § 302702; and

BE IT FURTHER RESOLVED that the Council hereby authorizes the creation of any necessary boards or commissions to support, oversee, and guide the THPO in the fulfillment of its responsibilities, in accordance with the powers vested in the Council by Article VII, Section 4(d) of the Upper Mattaponi Constitution; and

BE IT FURTHER RESOLVED, that Tribal Citizen Desiree Dyer is appointed as the Acting Tribal Historic Preservation Officer, authorized to execute and submit all necessary documents, and to conduct any and all business required to implement the purpose and intent of this Resolution until a permanent THPO is designated by the Council; and

BE IT FINALLY RESOLVED, that this Resolution shall take effect immediately upon its adoption by the Council.

CERTIFICATION

The foregoing Resolution was duly voted upon by the Council on the 21 day of November, 2024, at a Regular Meeting with a vote of 4 in favor and 0 opposed, 1 abstaining, and 2 absent, pursuant to the authority vested in the Council by the Constitution of the Tribe.