2.3.15.030 Findings

The Council hereby finds and declares that:

(a) San Ildefonso Services, LLC ("SIS LLC") is chartered under tribal law as a single member limited liability company wholly owned by the Pueblo; and

(b) In accordance with the Fifth Amended Articles of Organization of SIS LLC ("Articles of Organization"), the duly-appointed members of the five (5) person Member's Representative group (the "Member's Representatives") together exercise all rights of the Pueblo in its role as the single member of SIS LLC; and

(c) SIS LLC is a Manager-Managed limited liability company, and Peter Fant currently serves as the appointed Manager and the Manager possesses the exclusive authority to manage the business affairs of SIS LLC; and

(d) Pursuant to Article VII of the Articles of Organization, the business purpose of SIS LLC is to engage in federal contracting and other lawful business ventures that serve the best interest of SIS LLC, the Pueblo and its members; and

(e) In furtherance of SIS LLC's business purpose, SIS LLC has existing contracts with the Los Alamos National Labs (LANL) either directly, or through its Joint Ventures partnerships (the Pueblo Alliance and SIS-CTI LLC); and

(f) Because of the contractual relationship between SIS LLC and LANL and/or through one of its Joint Ventures partnerships (the Pueblo Alliance or SIS-CTI LLC), SIS LLC may be in the custody and possession of or has access to classified information and/or special nuclear material; and

(g) Because of the contractual relationship between SIS LLC and LANL, a Foreign, Ownership, Control or Influence (FOCI) determination is required for Q or L security clearance in order to possess and access such classified information and/or special nuclear material; and

(h) SIS LLC is prohibited from disclosing classified information and/or special nuclear material to anyone except for (i) employees who possess the appropriate security clearances and who require the classified information and/or special nuclear material to satisfy contractual obligations on a need-to-know basis, and/or (ii) another cleared contractor/subcontractor when access is necessary for the performance of tasks or services essential to the fulfillment of a prime contract or a subcontract; and

(i) SIS LLC is also prohibited from disclosing classified and/or special nuclear material which SIS LLC received or generated under a contract/subcontract from one federal agency to another federal agency unless specifically authorized by the agency that has classification jurisdiction over the classified information and/or special nuclear material; and

(j) SIS LLC is required to obtain its own FOCI determination and certification; and

(k) The Pueblo has not applied for, nor does it currently possess, any security clearances to possess or access classified information and/or special nuclear material; and

(l) Any FOCI determination and certification SIS LLC may receive does not authorize SIS LLC to disclose any classified information and/or special nuclear material to anyone who does not possess the appropriate security clearance, including the Pueblo as a single member of SIS LLC; and

(m) The Council understands that LANL through the FOCI determination and certification prohibits SIS LLC from granting or allowing anyone, including the Pueblo as a single member of SIS LLC, access to any classified information and/or special nuclear material in SIS LLC's custody or possession except as identified in this Resolution; and

(n) SIS LLC adopted Resolution No. 2021003, of which is attached hereto, Non-Disclosure of Classified Information and/or Special Nuclear Material, prohibiting the disclosure of and access to classified information and/or special nuclear material to anyone including the Pueblo or any of its agents.