2.3.18.030 Findings

(a) The Pueblo de San Ildefonso ("Pueblo") possesses inherent sovereign powers over the Pueblo's lands, wherever situated.

(b) Pursuant to the Santa Fe Indian School Act of 2000, Public Law 106-568 §§ 821-824, 114 Stat. 2868, 2919 ("SFIS Act") approximately 115 acres of land, which includes the Santa Fe Indian School ("SFIS") and the Indian Health Service Unit properties, was taken into trust by the United States for the benefit of the 19 Pueblos in New Mexico ("SFIS Trust Lands" or "Indian School Tract"). The lands are to be used for the educational, health and cultural purposes of the Santa Fe Indian School, including use for related non-profit or technical programs, as operated by Santa Fe Indian School, Inc., ("SFIS, Inc.") the non-profit corporation chartered under the State of New Mexico and wholly owned by the 19 Pueblo.

(d) In 2004, each of the 19 Pueblos delegated its authority on all matters related to the governance, operation and administration of the SFIS Trust Lands to the SFIS, Inc. and its Board of Trustees ("Board"), the entity also responsible for educational functions of the SFIS. In 2006 with such new authority, the SFIS Board adopted the first amended and re-stated Articles of Incorporation and in 2008 the Board adopted the second amended and restated Bylaws.

(e) In 2012, in response to concerns of Pueblo Governors that economic development and governance of the SFIS Trust Lands was taking precedence over education activities, the SFIS, Inc. Board adopted Resolution No. 20120511 committing to the separation of educational functions of the SFIS and the economic development projects on the SFIS Trust Lands and further committing to work toward consensus with the 19 Pueblos before proceeding with the establishment of any type of governance activity.

(f) At a Special Governors meeting in July 2015, the Governors adopted Resolution No. 20150720 reaffirming their support for the separation of governance functions for the SFIS Trust Lands from the SFIS educational functions, and establishing a Governance Subcommittee consisting of Governors and other designated tribal representatives to analyze the options for a separate governance structure.

(g) The 19 Pueblos established the Albuquerque Indian School District ("AISD") as the governmental entity responsible for the Albuquerque Indian School trust lands and the governing authority is exercised by the AISD Governing Council, comprised of the 19 Pueblo Governors.

(h) Pursuant to the SFIS, Inc. Member Resolution No. 20151105, each of the Governors adopted the Governance Subcommittee's recommendation that the governance structure in place at the AISD be used for governance of the SFIS Trust Lands and directed a transition of governance responsibilities for the SFIS Trust Lands to AISD.

(i) Pursuant to AISD Governing Council Resolution No. GC 2015-12, the AISD Governing Council adopted the AISD Oversight Commission's recommendation that the AISD governance structure be used for governance of the SFIS Trust Lands.

(j) On September 22, 2017 at a duly called meeting, the AISD Governing Council voted to amend the existing AISD Charter to include new provisions on governance of SFIS Trust Lands. The vote failed by the following vote count: Six (6) in favor, eight (8) against and four (4) abstaining.

(k) On December 5, 2017, March 13, 2018, and July 24, 2018, at duly called meetings of SFIS Member/Shareholders, the SFIS, Inc. Board was directed to develop a standalone SFIS District charter based on a political subdivision of the 19 Pueblos and which memorializes the land-use limitations in the SFIS Act.

(l) Subsequently, there has not been consensus amongst the 19 Pueblos on any proposed structure to govern the SFIS Trust Lands nor has a charter/bylaws document for a SFISD Governing Council or an alternative body been established.

(m) In 2023, at a duly called meeting October 12, 2023 of the SFIS Member/Shareholders and the SFIS, Inc. Board, the SFIS Inc. Board and SFIS Member/Shareholders recommitted to resolving the development of a governance structure that satisfied various concerns about the governance over the SFIS Trust Lands.

(n) A workgroup was established between the SFIS, Inc. Board and authorized representatives of available SFIS Member/Shareholders to develop a consensus charter.

(o) This workgroup has duly informed the SFIS Member/Shareholders as part of regular updates on their progress and recommendations at duly called meetings on November 20, 2023, February 16, 2024, March 13, 2024, and April 23, 2024.

(p) This workgroup has recommended:

(1) The 19 Pueblos initially establish a Governing Council, to be a wholly owned and controlled political subdivision, of the 19 Pueblos;

(2) The SFIS Trust Lands be designated the SFIS Trust Lands as the "Santa Fe Indian School District" ("SFISD");

(3) The Santa Fe Indian School District be governed by the "Santa Fe Indian School District Governing Council" who will consist of each of the participating 19 Pueblo Governors or their designees;

(4) The "Santa Fe Indian School District Governing Council be established and governed by a charter describing certain governmental powers delegated and other such provisions describing the purpose, powers, activities, and limitations of the Governing Council;

(5) All prior 19 Pueblo resolutions delegating governmental powers over the SFIS Trust Lands including but not limited to, the SFIS, Inc. and the AISD be amended or repealed to clarify the delegation of governmental powers from the 19 Pueblos to the Santa Fe Indian School District Governing Council;

(6) All operation of the SFIS, Inc. rest with the Board of Trustees for the SFIS, Inc.