17.2.33.030 Findings

The Council hereby finds and declares that:

(a) SIS was awarded a grant from National Telecommunications Infrastructure Administration ("NTIA") for the design and construction of a Fiber to the Home ("FTTH") network project to expand internet capabilities and to provide high-speed internet to over 255 homes and businesses located on the Pueblo, to build the tribal IT capacity, to develop new business opportunities for tribal residents, and to connect the Pueblo's FTTH network back to a data center for internet access in Albuquerque.

(b) SIS was awarded additional funding through the State of New Mexico's Office of Broadband Access and Expansion ("OBAE") Middle Mile Project and matching funds from Los Alamos County to financially augment the NTIA FTTH project.

(c) In order to complete the NTIA FTTH Project and the OBAE Middle Mile Project (collectively "the SIS Fiber Network Project"), SIS will need to provide evidence that SIS has acquired continuous and adequate authorization for the Pueblo's land to be used for the construction, operation, and maintenance of the SIS Fiber Network Project.

(d) The Council has authority to enact laws pertaining to all lands, persons and activities within the Pueblo pursuant to the Governing Agreement.

(e) The Council has the sovereign power and governmental authority to designate Pueblo de San Ildefonso land for the benefit of the SIS and to support the provision of public services to its members and residents, tribal government and businesses.

(f) Such a designation of Pueblo de San Ildefonso land for the benefit of SIS, a tribally chartered single member limited liability company wholly owned by the Pueblo, does not convey or alienate any interests in such lands to a third party or encumber those lands for the benefit of any third party and therefore such designation does not require the approval of the Secretary of the Interior under 25 CFR Part 169.

(g) The Council reviewed and considered the attached map of the proposed route consisting of an approximately 10-foot-wide 45-mile-long easement for the fiber network facilities on lands held by the Pueblo de San Ildefonso and has determined it is in the best interests of the Pueblo to designate this land for the public purposes of construction, operation, and maintenance of the SIS Fiber Network Project and authorize SIS to use such designated lands for the SIS Fiber Network Project.