2.3.9.040 Findings

The Council hereby finds and declares that:

(a) The sovereign authority of the Pueblo is vested in its Council and Governor.

(b) Pursuant to the Santa Fe Indian School Act, 114 Stat. 2868, (2000), the Santa Fe Indian School Trust Lands consisting of approximately 115 acres of land, which includes the SFIS, were taken into trust by the U.S. for the benefit of the 19 Pueblos.

(c) In 2004, the Pueblo de San Ildefonso, as a joint owner of the SFIS Trust Lands, 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, the entity also responsible for educational functions of the Santa Fe Indian School.

(d) In 2010, out of concern that the SFIS, Inc. was focusing on the development of the SFIS Trust Lands rather than on the educational mission of the SFIS, the Pueblo Council rescinded its 2004 resolution that granted broad governance authority to the SFIS Board of Trustees, and by its 2010 resolution, limited the delegation of Pueblo's governance authority to SFIS, Inc.

(e) In 2012, the Governors continued to raise concerns that economic development and governance of the SFIS Trust Lands was taking priority over education, and the SFIS Inc. Board of Trustees committed to the separation of educational functions of the School and economic development projects on the SFIS Trust Lands, and further committed to work with the 19 Pueblo Governors and their Tribal Councils before proceeding with any change in governance activity.

(f) In 2015, at the request of SFIS, Inc., the Pueblo passed Resolution No. SI-R15-015 to grant limited governance authority to the SFIS, Inc. to enter into agreements for emergency response situations and to address specific land management issues since those authorities had been rescinded by the Pueblo in 2010.

(g) In 2016, after a thorough evaluation of the need to separate governance authority for the SFIS Trust Lands and the educational authority for the SFIS, and at the request of SFIS, Inc., the Pueblo passed Resolution No. SI-R16-005 which rescinded its two prior resolutions, SI-R10-040 and SI-R15-015, and delegated the Pueblo's governance authority over the SFIS Trust Lands to the Albuquerque Indian School District ("AISD") Governing Council.

(h) The Council determined that it was in the best interest of the Pueblo and SFIS to delegate the Pueblo's authority over the SFIS Trust Lands to its Governor when sitting on the AISD Governing Council so that Governors are making governance decisions for the SFIS Trust Lands, thus keeping educational matters separate and allowing the Board of Trustees to focus on the educational and operational activities of the SFIS.

(i) All of the 19 Pueblos passed similar resolutions that delegated their Governor the governance authority over the SFIS Trust Lands when sitting as the AISD Governing Council.

(j) Despite the directive of this Pueblo's Tribal Council, and the other 18 Pueblo Tribal Councils, to move governance to the AISD Governing Council, the SFIS Board of Trustees took actions that the Council believes are contrary to the directives of this Pueblo's delegation resolution.

(k) The Council determines that it is in the best interest of the Pueblo as a joint owner of the SFIS Trust Lands, to now rescind its Resolution No. SI-R16-005, that delegated authority to the AISD Governing Council for the SFIS Trust Lands, and for the Pueblo to reassume and reserve the Pueblo's governance authority over the SFIS Trust Lands.

(l) The Council determines that it is in the best interest of the Pueblo, as an owner of the SFIS, as well as the SFIS students, that the SFIS, Inc. Board of Trustees focus on the educational and operational functions of the SFIS.