Title 2 GOVERNOR

Chapter 2.1 Signatory Authority.

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R12-018, dated April 18, 2012.

Part 2.1.1 Signatory Authority

2.1.1.010 General Findings

2.1.1.020

The Pueblo government affects accountability every day in the day-to-day operations of the Pueblo and its departments, authorities, and programs;

2.1.1.030

Various signatures of Pueblo officials and employees are required on a daily basis in order to process paperwork and implement various programs;

2.1.1.040

The Pueblo does not explain the reasons for including each signature, which undermines accountability of each Department, Authority, and Program to the People;

2.1.1.050

Each signature may affect accountability to the Pueblo People and legal liabilities of the Pueblo or the signing official or employee.

Part 2.1.2 Signatory Authority Act

2.1.2.010 Short Title

This enactment shall be known as the Signatory Authority Act ("Act").

2.1.2.020 Definitions

(a) "Council" means the Pueblo de San Ildefonso Council.

(b) "Governor" means the Pueblo de San Ildefonso Governor.

2.1.2.030 Purpose

This Act sets forth uniform standards and procedures for signatory authority for all government operations and activities. All Officers and employees of the Pueblo shall comply with the provisions of this Act.

2.1.2.040 Jurisdiction

The Pueblo is a sovereign and self-governing Nation, with the authority to govern its people, lands, and resources. The Council is a duly recognized governmental entity acting primarily with the legislative authority for the Pueblo and shares the responsibility for the Pueblo's exercise of its sovereign governmental powers.

2.1.2.050 Findings

The Council hereby finds and declares that:

(a) The Pueblo government affects accountability every day in the day-to-day operations of the Pueblo and its departments, authorities, and programs;

(b) Various signatures of Pueblo officials and employees are required on a daily basis in order to process paperwork and implement our various programs;

(c) The Pueblo does not explain the reason for including each signature, which undermines accountability of each Department, Authority, and Program to the Pueblo People;

(d) Each signature may affect accountability to the Pueblo de San Ildefonso People and legal liabilities of the Pueblo or the signing official or employee;

(e) The Pueblo finds and declares that pursuant to the Agreement, the Council has an obligation to the Pueblo to oversee the Pueblo's operations; and,

(f) As part of this oversight authority, the Council has identified, for the good of the Pueblo, that there is an urgent need to clarify, outline, and further delineate the authority, goals, duties, and responsibilities of the Executive officials and employees and their signatory authority.

2.1.2.060 General Policy

Requests for Expenditures of Funds. Any request for expenditures of funds shall be by Purchase Order. Each Purchase Order shall, unless otherwise provided herein, include signatures obtained in the following order:

(a) Signature of Department Employee. The signature of a classified employee within any Department or Authority on any purchase order shall mean that the requisitioning Department needs the item being requisitioned. Because the head of a Department or Authority may directly requisition goods or services, the Department Employee signature line may, in those instances, remain blank.

(b) Signature of Department Head. The signature of a Department Director or Manager shall mean that the requisitioning Department or Authority is legally authorized to make the expenditure and that the signatory believes the funding is budgeted. Legal authorization for expenditures may be found in:

(1) a law or resolution as enacted by the Council; or

(2) a contract between the Pueblo and the U.S. federal or state government; or

(3) by the terms of the grant from which the funding shall be spent.

Authorization can not come from the Annual Budget by itself, but must come from the authorizing laws, contracts, or grants. The Department Head signature line may remain blank only if the Purchase Order is submitted directly by the Office of the Governor for a purchase directly for one of those Offices.

(c) Signature of Comptroller/Assistant Controller. The signature of the Comptroller shall mean that actual money is available to complete the purchase and in compliance with the Annual Budget. Additionally, the signature of the Controller shall mean that the Purchase Order complies with all applicable procurement requirements, such as any requirements for sealed bids, a competitive price checks, or Indian preference.

(d) Signature of Governor. The signature of the Governor on a Purchase Order originating from any Department shall mean that all other required signatures have been obtained and the Purchase Order is ready for processing. The signature of the Governor on a Purchase Order is required if the Purchase Order is over $500.00.

2.1.2.070 Sovereign Immunity

Nothing in this Act waives the sovereign immunity of the Pueblo or any of its representatives, officers, or employees.

2.1.2.080 Severability

If a court of competent jurisdiction finds any provision of this Act to be invalid or illegal under applicable tribal and/or federal law, such provision shall be severed from this Act and the remainder of this Act shall remain in full force and effect.

Chapter 2.2 Authorizations.

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R12-003, dated January 3, 2012.

Part 2.2.1 Authorizing Emergency Powers to Governor

2.2.1.010 Findings

2.2.1.020

There are emergency situations that arise that require quick and immediate response by the Pueblo to protect the safety, health and well-being of the Pueblo community members or its property;

2.2.1.030

There are unforeseen traditional and cultural matters that require quick or immediate response by the Governor's Office to either limit or close access to the Pueblo.

Part 2.2.2 Authorization

2.2.2.010

The Tribal Council authorizes the Governor or their designee, to immediately respond and take any and all appropriate actions as may be deemed necessary in such emergency or urgent situations and for unforeseen traditional and cultural matters.

2.2.2.020

The Governor keep the Tribal Council informed of any such emergency or urgent and unforeseen situations and the actions taken at the earliest possible time.

Part 2.2.3 Law Enforcement Commission Act of 2015

2.2.3.010 Findings

(a) The Pueblo's jurisdiction extends to all lands, persons, and activities within the Pueblo;

(b) The safety, health and well-being of the Pueblo's community members and protection of property are matters of great importance;

(c) The Pueblo relies on the Bureau of Indian Affairs Office of Justice Services ("BIA Law Enforcement") to provide the primary law enforcement services for the Pueblo;

(d) BIA Law Enforcement does not have a sufficient number of police officers to provide the necessary law enforcement coverage at the Pueblo for Feast Day;

(e) Pursuant to Section 5.1(5) of the Pueblo's Civil and Criminal Code, the Council may issue commissions to law enforcement officers from other jurisdictions in accordance with the traditions and customs of the Pueblo;

(f) The Council has determined it to be in the best interests of the Pueblo to authorize the Governor to issue law enforcement commissions to law enforcement officers from other jurisdictions as necessary to ensure proper law enforcement coverage during the annual Feast Day time period.

2.2.3.020 Law Enforcement Commission Act

2.2.3.030 [RESERVED]

Part 2.2.4 Supporting a Strong 2018 Farm Bill for Indian Country

2.2.4.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo") is a sovereign and self-governing Tribe, recognized as such by the United States of America, with the authority to govern its people, lands and other resources.

(b) The U.S. Congress is deliberating on the nature of food and agriculture policy for the nation and the world, as it must reauthorize the multi-year Farm Bill in 2018 which governs all farm programs, rural development, and nutrition initiatives within the U.S. Department of Agriculture.

(c) Agriculture is among the largest economic development industries in Indian Country, providing $3.4 billion per year; and the policies that provide the framework for Indian Country's agriculture production constitute a large portion of the Farm Bill.

(d) An overwhelming majority of the land throughout Indian Country is involved in agriculture production and many tribal citizens live in rural areas and communities where the cost of building or repairing basic infrastructure systems are often prohibitively high, and the 2018 Farm Bill will provide an authorization of federal funding for rural infrastructure initiatives.

(e) Tribal citizens and members in rural areas are often afflicted by poverty of place, wherein they are unable to find suitable employment to provide adequate income that supports good nutrition for their families; and thus, may rely on federal nutrition programs authorized in the Farm Bill.

(f) Even with the great strides made for Indian Country agriculture in previous Farm Bill negotiations, going virtually unmentioned in the 1990s to many thoughtful provisions scattered across all Titles, the $3.4 billion generated annually through Indian agricultural efforts is still more than 99 percent raw commodities, instead of the healthy, local, economically beneficial, and nutritious food needed in Indian Country communities and rural areas.

(g) The 2018 Farm Bill negotiations, resulting policies, and funding must continue to include and incorporate perspectives from Indian Country to afford parity, opportunity, and consistency under the federal food and agriculture laws, policies, and programs.

(h) Improving programs and funding for Indian Country will help to ensure Tribal governments have the ability to establish long-term plans and goals for their communities and the surrounding rural communities, and help Native farmers and ranchers continue to grow their food businesses and build tribal food systems to support our economies and communities.

(i) The 2018 Farm Bill effort being promoted by the Native Farm Bill Coalition is the best opportunity in decades for Indian Country to effectively create positive and truly relevant change in federal agriculture policy to enhance the development of Indian agriculture beyond raw commodities, support infrastructure, research, and education in tribal communities, and improve federal food nutrition programs in Indian Country while providing tribal governments the authority manage these programs.

2.2.4.020

The Pueblo de San Ildefonso Council calls upon the U.S. Congress to fulfill its federal trust responsibility to Indian Country during the development and negotiation of the 2018 reauthorization of the Farm Bill's policies to incorporate tribal parity, opportunity, and consistency throughout and encourage and support continued participation, development, and progress in Indian Country's agriculture businesses, food systems, infrastructure, and nutrition programs.

2.2.4.030

The Pueblo de San Ildefonso Council hereby approves and adopts this resolution in accordance with the requirements of the Agreement, according to Council procedures, and authorizes and directs the Governor, or his designee, to take such actions as deemed necessary to carry out the intent of this resolution.

Part 2.2.5 Authorization of Attorney Contract Act of 2018

2.2.5.010 Authorization of Council Attorney Contract Act of 2019

This enactment shall be known as "AUTHORIZATION OF COUNCIL ATTORNEY CONTRACT ACT OF 2019" ("Act").

2.2.5.020 Findings

The Council hereby finds and declares that:

(a) The Council has identified the need for legal counsel services to assist with the development of laws for the Pueblo and to provide advice on the operations of the Council; and

(b) The Council has utilized the services of experienced lawyers from the law firm of Robert J. Lyttle, PC, Attorneys at Law ("Attorneys") for at least seven (7) years to provide legal advice and assistance in a cost-effective manner, and the Council wishes to continue these services.

2.2.5.030 Authorization of Contract

The Council hereby approves the continuation of the Attorneys' legal representation of the Council including the authorization and approval of a sole-source contract with the Attorneys (Exhibit A).

Part 2.2.17 Act Authorizing the Formation of the Santa Fe Indian School District Governing Council and Adoption of Charter

2.2.17.010 Short Title

This enactment shall be known as the "ACT AUTHORIZING THE FORMATION OF THE SANTA FE INDIAN SCHOOL DISTRICT GOVERNING COUNCIL AND ADOPTION OF CHARTER" ("Act")

2.2.17.020 Purpose

The purpose of this Act is to authorize the formation of the Santa Fe Indian School District Governing Council and adoption of a Charter to govern, manage and operate the Santa Fe Indian School Trust lands.

2.2.17.030 Findings

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

(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; and

(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; and

(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; and

(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; and

(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; and

(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; and

(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; and

(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; and

(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; and

(l) On or around 2018, each of the 19 Pueblos repealed each of their 2004 resolutions delegating governance authority over SFIS Trust Lands to the SFIS, Inc. and its Board. Certain Pueblos repealed the 2004 resolutions subject to the establishment of a "SFISD Governing Council" which would assume jurisdiction over SFIS Trust Lands. However, thus far, 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; and

(m) The governance structure of the SFIS and the SFIS Trust Lands, including authorities of the 19 Pueblo Governors in relation to the SFIS Board have remained unclear, creating a risk of reversion of the SFIS Trust Lands to the United States pursuant to the SFIS Act. A Charter and Bylaws for the SFISD Governing Council must be established by the 19 Pueblos to avoid further confusion, dysfunction and risk of non-compliance with the SFIS Act; and

(n) The SFISD Governing Council would be a wholly controlled tribal entity of the 19 Pueblo Members of the SFIS; and

(o) The SFISD Governing Council would consist of 19 Pueblo Members each represented by their respective Governor, and its purposes would be to govern, manage, and operate the historic Santa Fe Indian School District (i.e. SFIS Trust Lands) for the "educational, health or cultural purposes, including use for related non-profit or technical programs, as operated by Santa Fe Indian School, Inc.[,]" subject to limitations on land use; and

(p) With the Charter of the SFISD Governing Council shall have the sole governance, management, or administrative authority over SFIS Trust Lands; and

(q) All operation of the SFIS, Inc. shall rest with the Board of Trustees for the SFIS, Inc; and

(r) The SFISD Governing Council would serve as its own fiscal agent. The Pueblo de San Ildefonso would have no liability for costs associated with the SFISD Governing Council unless the Pueblo specifically authorizes such payment; and

(s) The Council determines that it is in the best interest of the Pueblo, as joint owner of the SFIS Trust Lands, to authorize the establishment of a stable governance structure to govern and manage the SFIS Trust Lands; and

2.2.17.040 Authorizations

(a) The Council hereby authorizes the designation of the "Santa Fe Indian School District" which are SFIS Trust Lands (i.e. Indian School Tract) as established pursuant to the SFIS Act; and

(b) The Council authorizes the establishment of the Santa Fe Indian School District Governing Council ("SFISD Governing Council"), consisting of 19 Pueblo members each represented by their respective Governor, which shall govern, manage, and operate the historic Santa Fe Indian School District for the "educational, health or cultural purposes, including use for related non-profit or technical programs, as operated by Santa Fe Indian School, Inc.[,]" subject to limitations on land use; and

(d) The Council authorizes the adoption of the "Santa Fe Indian School District Governing Council Charter and Designation of the Santa Fe Indian School District," (Attachment 1) which shall establish the SFISD Governing Council; and,

(e) The Council authorizes the SFISD Governing Council to act as its own fiscal agent, to receive federal funds, and other funding in order to serve the purposes of funding the governance of the Santa Fe Indian School District; and

(f) The Council authorizes the SFISD Governing Council to take all actions required to establish and retain a bank account to accept federal funds or other funding; and

(g) The Council authorizes the SFISD Governing Council to select and retain a Certified Public Accountant firm to prepare all documents necessary to receive and disburse funds allocated to the SFISD Governing Council provided that monthly, quarterly and annual reports for each source of funds and for the SFISD Governing Council are prepared; and

(h) The Pueblo de San Ildefonso does not waive its sovereign immunity by its participation in the SFISD Governing Council; and

(i) The SFISD Governing Council is authorized to only waive the sovereign immunity of the Santa Fe Indian School District or the SFISD Governing Council. In any instance where a waiver of sovereign immunity is granted, it shall not waive the sovereign immunity of any of the Pueblos, including the Pueblo de San Ildefonso or of any entity other than the District that is owned by any or all of the Pueblos. No waiver by the Governing Council shall create any liability on the part of any of the Pueblos, including the Pueblo de San Ildefonso, or of any entity other than the District; and

(j) The Council authorizes the Governor of the Pueblo de San Ildefonso ("Governor"), when sitting as the member the SFISD Governing Council, to exercise governmental powers of the Pueblo on behalf of the Council, over all matters related to the governance of the Santa Fe Indian School District; and

(k) The Governor's exercise of any power delegated by this Act shall not apply on any land subject to the jurisdiction of the Pueblo other than the Santa Fe Indian School District; and

(l) The decision to exercise any powers delegated by this Act is left to the sound discretion of the Governor; and

(m) The Council hereby authorizes the Governor, and his designee(s) to execute all actions and all documents necessary to initiate the intent of this Act.

Part 2.2.18 Petitioning for a First Amended Federal Charter of Incorporation to Be Issued to Indian Pueblos Marketing, Inc

2.2.18.010 Short Title

This enactment shall be known as the "PETITIONING FOR A FIRST AMENDED FEDERAL CHARTER OF INCORPORATION TO BE ISSUED TO INDIAN PUEBLOS MARKETING, INC."

2.2.18.020 Purpose

The purpose of this resolution is to petition for a first amended Federal Charter of Incorporation to be issued to Indian Pueblos Marketing, Inc.

2.2.18.030 Findings

(a) A federal charter of incorporation was issued by the United States Department of the Interior to the 19 Pueblos of New Mexico to establish the Indian Pueblos Marketing, Inc. on April 10, 1998 ("Charter"); and,

(b) After 23 years, the Charter needs to be updated to reflect the manner in which the Corporation has evolved; and,

(d) The IPMI Board of Directors reviewed and recommended a proposed First Amended Federal Charter of Incorporation which was presented to the Shareholder Representatives at their annual meeting and has now been presented to the Pueblo Council; and,

(e) The Tribal Council of the Pueblo de San Ildefonso finds that the revisions are consistent with best management practices for the Corporation and facilitation of direction from the 19 Pueblos as owners of the Corporation.

2.2.18.040 Authorizations

(a) The Pueblo de San Ildefonso herby petitions the Secretary of the Interior to issue a First Amended Charter of Incorporation to Indian Pueblos Marketing, Inc. in the form attached to this Resolution.

(b) Upon issuance of the First Amended Charter of Incorporation to Indian Pueblos Marketing, Inc., the Governor of the Pueblo de San Ildefonso is hereby delegated authority to ratify the First Amended Charter of Incorporation on behalf of the Pueblo de San Ildefonso.

Chapter 2.3 Intergovernmental Agreements.

Part 2.3.1 Delegating to the Governor Certain Governmental Authority of The Pueblo Over Joint Trust Lands in Albuquerque

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R13-012, dated April 9, 2013.

2.3.1.010 Findings

(a) A tract of land situated in the East Half of Section 7 and the West Half of Section 8, T. 10 N., R. 3 E., of New Mexico Principal Meridian, in Bernalillo County, State of New Mexico, consisting of approximately 44.201 acres of land held by the United States in trust for the 19 Pueblos of New Mexico pursuant to a Trust Deed dated February 15, 1993;

(b) A tract of land situated in Section 7, T.10 N., R. 3 E., New Mexico Principal Meridian, in Bernalillo County, State of New Mexico, consisting of approximately 11.2857 acres, held by the United States in trust for the 19 Pueblos of New Mexico pursuant to Public Law 95-232;

(c) Two tracts of land situated in Section 7 and Section 8 of T. 10 N., R. 3 E., of New Mexico Principal Meridian, in Bernalillo County, State of New Mexico, consisting of approximately 8.4759 acres in total, held by the United States in trust for the 19 Pueblos of New Mexico pursuant to Public Law 110-453, collectively, the "Albuquerque Trust Land";

(d) The Albuquerque Trust Land is part of Indian Country and is not subject to state, county and city laws;

(e) The 19 Pueblos have the responsibility to govern the Albuquerque Trust Land by adopting and enforcing Pueblo Law on that land;

(f) It is in the best interests of all 19 Pueblos to ensure that Pueblo Law is applied on the Albuquerque Trust Land so that there is no valid basis for any other government to seek to impose its laws on that land;

(g) The sovereign authority to govern the Albuquerque Trust Land is shared by all 19 Pueblos;

(h) Exercising the sovereign authority of the Pueblos over the Albuquerque Trust Land required the cooperation of all of the Pueblos who choose to join in governing that land;

(i) The most effective way to ensure that Pueblo Law applies on the Albuquerque Trust Land is for each Pueblo, by resolution of its Tribal Council, to delegate to its Governor certain sovereign powers of the Pueblo over the Albuquerque Trust Land, so that the Governors acting together will have the authority necessary to impose Pueblo Law on the Albuquerque Trust Land.

2.3.1.020

The Tribal Council of the Pueblo de San Ildefonso hereby authorizes the Governor of the Pueblo de San Ildefonso to exercise the following governmental powers of the Pueblo on behalf of the Tribal Council, but only to the extent those powers are applied to the Albuquerque Trust Land:

(a) The power to enact ordinances to impose, administer, and collect a property tax, a lodgers tax, a gross receipts, a sales tax, a cigarette excise tax, and/or a gasoline excise tax;

(b) The power to enact, implement and enforce criminal and civil laws to promote the peace, safety, property, health and general welfare of people present within the Albuquerque Trust Land;

(d) The power to regulate land uses and protect the environment and natural resources of the Albuquerque Trust Land;

(e) The power to establish and prescribe the powers, rules and procedures of a court system having territorial jurisdiction over the Albuquerque Trust Land, provided that the court system shall not assert jurisdiction over a member of the Pueblo de San Ildefonso unless the Governor determines that asserting that jurisdiction does not violate the laws, traditions and customs of the Pueblo de San Ildefonso concerning its members;

(f) The power to enter into agreements with the United States, one or more tribes, and/or one or more states for the cooperative enforcement of any ordinance in effect on the Albuquerque Trust Land.

2.3.1.030

The Governor's exercise of any power delegated by this Ordinance shall not apply on any land subject to the jurisdiction of the Pueblo de San Ildefonso other than the Albuquerque Trust Land.

2.3.1.040

The decision whether to exercise any of the powers delegated by this Ordinance is left to the sound discretion of the Governor.

2.3.1.050

The Governor shall not exercise the powers delegated by this Ordinance unilaterally, but shall work with the Governors of other Pueblos to accomplish the objective of applying one set of Pueblo Laws on the Albuquerque Trust Land.

2.3.1.060

The Governor is authorized to join with the Governors of other Pueblos to create a joint political subdivision of the Pueblos that will provide a governance structure for the Albuquerque Trust Land under the sovereign authority of the Pueblos and for the benefit of the Pueblos.

2.3.1.070

The Governor is authorized to delegate to such a joint political subdivision the authority to exercise some or all of the powers of this Resolution delegates to the Governor; provided that the Governor shall retain the authority to rescind any delegation of authority to the joint political subdivision if he believes it is in the best interests of the Pueblo.

2.3.1.080

The Governor is authorized to grant such a joint political subdivision the authority to waive the political subdivision's sovereign immunity from suit; provided that the joint political subdivision shall not have the authority to waive the sovereign immunity of the Pueblo.

Part 2.3.2 Approving Amendment No. 2 to Perpetual Ground Lease of Former Albuquerque Indian School Property

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R13-014, dated April 22, 2013.

2.3.2.010 Findings

(a) The 19 Pueblos of New Mexico are joint owners of Indian Pueblos Federal Development Corporation ("IPFDC"), a corporation organized under 25 U.S.C. §477;

(b) IPFDC and the 19 Pueblos of New Mexico are parties to the "Perpetual Ground Lease between the 19 Indian Pueblos of New Mexico and the Indian Pueblos Federal Development Corporation" approved by the Secretary of the Interior on June 18, 1997 and amended by Amendment No. 1 approved by the Secretary of the Interior on March 27, 2003 (the "Lease");

(c) The Lease grants IPFDC a leasehold interest in a tract of land that was formerly used for the Albuquerque Indian School and is situated in the East Half of Section 7 and the West Half of Section 8, T. 10 N., R. 3 E., New Mexico Principal Meridian, in Bernalillo County, State of New Mexico, as described in Exhibit A of the Lease, consisting of approximately 44.201 acres of land held by the United States in trust for the 19 Pueblos of New Mexico pursuant to a 1993 Trust Deed (the "Leased Land");

(d) The Board of Directors of IPFDC has concluded that development and management of the Leased Land for the benefit of the 19 Pueblos can be achieved most efficiently by assigning IPFDC's interests in the Lease to Indian Pueblo Marketing, Inc. ("IPMI"), a corporation organized under 25 U.S.C. §477 and owned by the 19 Pueblos of New Mexico;

(e) Section 4.5 of the Lease provides that IPFDC as Lessee shall not assign any of its rights under the Lease or any interest in the leasehold estate created by the Lease, or any right, title or interest in any portion thereof;

(f) The Board of Directors of IPFDC has recommended that Section 4.5 of the Lease should be amended to authorize assignment of the Lease to IPMI;

(g) Public Law 110-453 directed the Secretary of the Interior to take into trust for the benefit of the 19 Pueblos of New Mexico certain additional lands in Section 7 and Section 8, T. 10 N., R. 3 R., New Mexico Principal Meridian, in Bernalillo County, State of New Mexico, as described in §103(b) of said Public Law (the "P.L. 110-453 Lands");

(h) The Board of Directors of IPFDC has concluded that IPFDC does not have the financial or management capacity to develop the P.L. 110-453 Lands for the benefit of the 19 Pueblos, and therefore has recommended that the 19 Pueblos should not assign any development or management responsibility over the P.L. 110-453 Lands to IPFDC;

(i) The Board of Directors of IPMI has agreed to accept the assignment of the Lease and has agreed to manage the P.L. 110-453 Lands for the 19 Pueblos;

(j) The attached "Amendment No. 2 to Perpetual Ground Lease" will authorize IPFDC to assign the Lease to IPMI, and will add the P.L. 110-453 Land to the Lease after it is assigned to IPMI.

2.3.2.020

The Pueblo de San Ildefonso Council hereby approves and authorizes the Governor to execute the attached "Amendment No. 2 to Perpetual Ground Lease" on behalf of the Pueblo.

[NO ATTACHMENT]

Part 2.3.3 Granting Limited Governance Authority to Santa Fe Indian School, Inc. for Specific Emergency Response and Land Management Purposes [MISSING]

2.3.3.010 Findings

2.3.3.020 [RESERVED]

Part 2.3.4 Authorizing a Cooperative Agreement Between the State of New Mexico Taxation and Revenue Department and the Pueblo de San Ildefonso

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R13-038, dated September 23, 2013.

2.3.4.010 Findings

(a) The Council has enacted comprehensive taxation laws for the administration and enforcement of all taxes imposed by the Pueblo de San Ildefonso;

(b) The New Mexico Taxation and Revenue Department ("Taxation and Revenue Department") is authorized by NMSA 1978, §9-11-12.1 to enter into an agreement with the Pueblo to allow the State and Pueblo to exercise joint administration, enforcement, collection and auditing of gross receipts tax revenues for transactions occurring within the Pueblo's lands that are subject to taxation by both the State and Tribe;

(c) Under the Cooperative Agreement, if the Pueblo grants the State a 25% credit against its gross receipts tax, the State will grant a 75% credit against State and local gross receipts tax and each entity will share the tax proceeds from a taxpayer who is subject to both taxes, thereby generating tax revenue for the Pueblo;

(d) The Taxation and Revenue Department has the resources for efficient and effective tax collection for gross receipts tax revenues paid by non-tribal taxpayers doing business within the Pueblo's lands;

(e) The Council has reviewed the proposed Cooperative Agreement draft attached hereto and finds it in the best interest of the Pueblo to enter into a Cooperative Agreement with the Taxation and Revenue Department for the administration and enforcement of gross receipts taxes for transactions and activities by non-tribal taxpayers with the Pueblo's lands.

2.3.4.020

The Pueblo de San Ildefonso Council hereby authorizes the Governor to enter into a Cooperative Agreement between the Pueblo and New Mexico Tax and Revenue Department for exercise of joint administration, enforcement, collection and auditing of gross receipts tax revenues for transactions occurring with the Pueblo's lands that are subject to taxation by both the State and Tribe.

2.3.4.030

The Pueblo de San Ildefonso Council authorizes the Governor enter into a form of Cooperative Agreement substantially similar to the draft Cooperative Agreement reviewed by the Council and attached hereto and authorizes such technical revisions to the Cooperative Agreement as may be necessary.

[Attachment]

Part 2.3.5 Accepting the Memorandum of Agreement Between The U.S. Department of Energy/National Nuclear Security Administration and the Pueblo De San Ildefonso

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R14-023, dated June 5, 2014.

2.3.5.010 Findings

(a) The Pueblo desires to establish procedures for request to access Pueblo land by the Department of Energy ("DOE") and for the Pueblo to access sites within DOE property and data sharing between the parties;

(b) The Memorandum of Agreement between the U.S. Department of Energy/National Nuclear Security Administration and the Pueblo ("MOA") establishes and documents specific procedures for access to Pueblo lands and information, data sharing, and responding to inadvertent discoveries consistent with the government to government relationship generally recognized in the ACCORD signed by the parties on October 20, 2005;

2.3.5.020 The Pueblo de San Ildefonso hereby accepts the entry into the MOA attached hereto.

[ATTACH?]

Part 2.3.6 Approving The North Central Regional Transit District Amended Intergovernmental Contract

2.3.6.010 Findings

(a) New Mexico governmental units are authorized to establish regional transit districts;

(b) The initial signatories ("Initial Members") began working together to form such a district in 2003;

(c) The Initial Members of the North Central Regional District (the "District") voted and approved the addition of new members whose governmental units are within the boundaries of the District;

(d) The District is requesting that all members execute a new Intergovernmental Contract to add the new members and confirm the voting rights of each member;

(e) The Council has been fully briefed and has reviewed the attached Intergovernmental Contract and has determined that it is in the best interest of the Pueblo to approve the Agreement, provided, however the Council confirms that it is not waiving, limiting or modifying its sovereign immunity from suit by approving the Agreement.

2.3.6.020 The Pueblo de San Ildefonso Tribal Council hereby approves the attached Intergovernmental Contract.

[ATTACH?]

2.3.6.030 By such approval, the Council is not waiving, limiting or modifying its sovereign immunity from suit.

Part 2.3.7 Delegating To The Governor Certain Governmental Authority Of the Pueblo de San Ildefonso Over the Santa Fe Indian School Trust Lands

2.3.7.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo") is a sovereign Indian tribe and has exercised inherent sovereign authority from time immemorial; and

(b) The sovereign authority of the Pueblo is vested in its Council and Governor; and

(c) Pursuant to the Santa Fe Indian School Act, 114 Stat. 2868, (2000), approximately 115 acres of land, which includes the Santa Fe Indian School ("SFIS") and the Indian Health Service Unit properties, were taken into trust by the U.S. for the benefit of the 19 Pueblos in New Mexico ("the SFIS Trust Lands"); and

(d) The Santa Fe Indian School Trust Land is part of Indian County and is not subject to state, county or city laws; and

(e) In 2004, each of the 19 Pueblos, including the Pueblo de San Ildefonso, delegated its authority on all matters related to the governance, operation and administration of the SFIS Trust Lands to the Santa Fe Indian School, Inc. ("SFIS, Inc.") and its Board of Trustees, the entity also responsible for educational functions of the Santa Fe Indian School; and

(f) In 2010, the Pueblo passed Resolution No. SI-R10-041 to rescind its Tribal Council Resolution No. SI-R04-005 that had granted broad governance authority to the SFIS Board of Trustees, and to limit the Council's authorization for SFIS, Inc. to such things as necessary and appropriate to the operation and administration of the Indian School; and

(g) The Pueblo passed Resolution No. SI-R15-015 that later granted limited governance authority to the SFIS, Inc. to enter into agreements for emergency response situations and to address specific land management issues; and

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

(i) 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; and

(j) 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; and

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

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

2.3.7.020

The Council hereby rescinds Resolution No. SI-R10-040 and Resolution No. SI-R15-015 in their entirety and enacts the attached law entitled, "DELEGATING TO THE GOVERNOR CERTAIN GOVERNMENTAL AUTHORITY OF THE PUEBLO DE SAN ILDEFONSO OVER THE SANTA FE INDIAN SCHOOL TRUST LANDS."

2.3.7.030 Title

This enactment shall be known as: "DELEGATING TO THE GOVERNOR CERTAIN GOVERNMENTAL AUTHORITY OF THE PUEBLO de SAN ILDEFONSO OVER THE SANTA FE INDIAN SCHOOL TRUST LANDS."

2.3.7.040 Definitions

(a) "AISD" shall mean the Albuquerque Indian School District.

(b) "Governor" shall mean the Governor of the Pueblo de San Ildefonso.

(d) "SFIS" shall mean the Santa Fe Indian School.

(e) "SFIS, Inc." shall mean the Santa Fe Indian School, Inc.

2.3.7.050 Purpose

The purpose of this law is to authorize the Governor to actions that are necessary to transfer the governance structure over the Santa Fe Indian School Trust Lands from the SFIS to the AISD, and to authorize the Governor to take actions as a member of the AISD Governing Council related to the governance of the SFIS Trust Lands.

2.3.7.060 Authorization to Act on SFIS Governance and Trust Land Issues

(a) The Council hereby enacts the following as the law of the Pueblo:

(1) Pueblo de San Ildefonso Tribal Council Resolution No. SI-R10-041, adopted on December 7, 2010, and Pueblo de San Ildefonso Council Resolution No. SI-R15-015, adopted on June 22, 2015, are hereby rescinded so that neither resolution has any force or effect; provided that the Council authorizes the SFIS, Inc. Board of Trustees to exercise such governance authority as necessary and appropriate over the SFIS Trust Lands in the interim period until the AISD Governing Council properly assumes governance jurisdiction over the SFIS Trust Lands.

(2) The AISD Governing Council is authorized to be responsible for all governance matters on the SFIS Trust Lands, with the AISD Oversight Commission providing oversight of the SFIS Trust Lands operations and AISD staff be responsible for administration of the governance functions on the SFIS Trust Lands.

(3) The Governor, when sitting as a member of the AISD Governing Council, is authorized to exercise governmental powers of the Pueblo on behalf of the Tribal Council, over all matters related to governance of the SFIS Trust Lands.

(4) The Governor's exercise of any power delegated by this Resolution shall not apply on any land subject to the jurisdiction of the Pueblo de San Ildefonso other than the SFIS Trust Land, and the AISD Trust Land over which the AISD Governing Council already exercises governance authority.

(5) The decision whether to exercise any of the powers delegated by this Resolution is left to the sound discretion of the Governor.

(6) The AISD Governing Council shall make certain that all revenues derived from the Santa Fe Indian School Trust Lands shall be used for the benefit of the Santa Fe Indian School and Pueblo education.

(7) The AISD shall provide operational budgets, comprehensive quarterly reports and financial statements relating to the SFIS Trust Lands governance operations.

(8) The SFIS, Inc. Board of Trustees is authorized to continue to be responsible for all educational functions of the Santa Fe Indian School until such time as there is a change in the educational structure, if at all, to establish a separate school board to handle the educational mission of the Santa Fe Indian School.

(b) The Governor is hereby authorized to act on behalf of the Pueblo to take such actions as necessary to carry out the intent of this law regarding governance matters related to the SFIS Trust Lands.

Part 2.3.8 Act Confirming the Pueblo de San Ildefonso Is Not a Party Necessary to the Lawsuit Between Jemez Pueblo and the U.S. Regarding Jemez Pueblo's Aboriginal Title in the Valles Caldera

2.3.8.010 Short Title

This enactment shall be known as the "ACT CONFIRMING THE PUEBLO DE SAN ILDEFONSO IS NOT A PARTY NECESSARY TO THE LAWSUIT BETWEEN JEMEZ PUEBLO AND THE U.S. REGARDING JEMEZ PUEBLO'S ABORIGINAL TITLE IN THE VALLES CALDERA ("Act")."

2.3.8.020 Purpose

The purpose of this Act is to confirm that the Pueblo de San Ildefonso does not need to be a party in the lawsuit between the Pueblo of Jemez and the United States regarding the Jemez Pueblo's aboriginal title in the Valles Caldera and that the lawsuit can proceed without San Ildefonso Pueblo's participation.

2.3.8.030 Findings

The Council hereby finds and declares that:

(a) The Pueblo of Jemez has filed a lawsuit against the United States in a case captioned Pueblo of Jemez v. United States of America, No. 12-cv-0800 RB/SMV (the "Jemez Lawsuit"), asking the United States District Court to declare that the Pueblo of Jemez has the exclusive right to use, occupy and possess certain lands in the Valles Caldera based on the Pueblo of Jemez's continuing aboriginal Indian title to those lands, and asking the court to quiet the Pueblo's aboriginal Indian title to the lands.

(b) The Pueblo of Jemez has continuously used and occupied its aboriginal lands in the Jemez Mountains, including the area now encompassed by the Valles Caldera National Preserve, for traditional and nontraditional purposes pursuant to the Pueblo's aboriginal Indian title from time immemorial to the present.

(c) In 1860 the United States Congress authorized the heirs of Luis Maria Cabeza de Baca to select lands within the then New Mexico Territory in settlement of the heirs' Spanish land grant claim in the vicinity of Las Vegas, New Mexico.

(d) The United States and the Pueblo of Santa Clara purchased the 1860 American land grant title to the Baca Location No. 1 from the Dunnigan Family on July 25, 2000 to create the Valles Caldera National Preserve and to add lands to the Santa Clara Reservation.

(e) At all times the lands aboriginally used by the Pueblo de San Ildefonso within the Valles Caldera National Preserve have remained subject to the valid aboriginal Indian title of the Pueblo of Jemez, which title has never been abandoned or terminated.

(f) It is not customary for the family of Pueblos, to solve or seek to solve any differences of traditional or cultural matters we might have with other Pueblos using the American court system, but instead rely on traditional and informal agreements between them to address such issues.

(g) The Pueblo de San Ildefonso and the Pueblo of Jemez have reached agreement as tribal sovereigns regarding their respective traditional cultural activities and spiritual uses and in particular, on arrangements as regards the traditional cultural activities and spiritual uses of the Pueblo de San Ildefonso within the Valles Caldera.

(h) The Pueblo de San Ildefonso does not need to be a party to the Jemez Lawsuit against the United States to protect its interests.

(i) The Court can accord complete relief among existing parties without the Pueblo de San Ildefonso being a party to the Jemez Lawsuit.

(j) The United States, both as a party defendant and as the trustee owing fiduciary obligations to the Pueblo people, should not be allowed to pit one Pueblo against another to avoid addressing the aboriginal title of the Pueblo of Jemez to the lands at issue in the Jemez Lawsuit.

(k) The United States recently announced its support of the United Nations Declaration on the Rights of Indigenous Peoples and Article 26, paragraph 1 of the Declaration states that "indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired."

(l) The Pueblo de San Ildefonso is not so situated that disposing of the Jemez Lawsuit without the Pueblo de San Ildefonso being in the lawsuit may or would, as a practical matter, impair or impede our ability to protect any interest the Pueblo de San Ildefonso has.

(m) The Pueblo de San Ildefonso staying out of the lawsuit would not leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of any interest our Pueblo has or might have.

(n) Equity and good conscience confirm that the Jemez Lawsuit should continue without the Pueblo de San Ildefonso's participation.

(o) A judgment rendered in the absence of the Pueblo de San Ildefonso would not prejudice the Pueblo or the existing parties.

(p) Prejudice to the Pueblo de San Ildefonso by entry of a judgment in its absence can be lessened or avoided by means other than joining our Pueblo as a party.

(q) A judgment entered in the absence of the Pueblo de San Ildefonso would be adequate as the Pueblo has an adequate remedy based on the agreements heretofore reached with the Pueblo of Jemez, and the Pueblo of Jemez has by resolution formally recognized its duty to honor those agreements with the Pueblo through traditional methods with the Pueblo of Jemez.

2.3.8.040 Authorization

(a) The Council hereby confirms through this resolution, that the court in the Jemez Lawsuit can accord complete relief among existing parties without the participation of the Pueblo de San Ildefonso.

(b) The Governor is authorized to take such actions to confirm the intent of this resolution that the Pueblo de San Ildefonso does not need to be a party in the Jemez Lawsuit and supports the Pueblo of Jemez's efforts to secure judicial recognition of its aboriginal title to the Valles Caldera lands.

Part 2.3.9 Act Rescinding the Delegation of the Pueblo de San Ildefonso's Governance Authority over the Santa Fe Indian School Trust Lands

2.3.9.010 Title

This enactment shall be known as "ACT RESCINDING THE DELEGATION OF THE PUEBLO DE SAN ILDEFONSO'S GOVERNANCE AUTHORITY OVER THE SANTA FE INDIAN SCHOOL TRUST LANDS."

2.3.9.020 Definitions

(a) "AISD" shall mean the Albuquerque Indian School District, a political subdivision established by the 19 Pueblos as joint owners of the trust lands in Albuquerque held in trust by the United States for the benefit of the 19 Pueblos.

(b) "Council" shall mean the Council of the Pueblo de San Ildefonso.

(d) "Pueblo" shall mean the Pueblo de San Ildefonso.

(e) "SFIS" shall mean the Santa Fe Indian School, a school owned and operated by the 19 Pueblos and which the Pueblo is a 1/19 owner.

(f) "SFIS, Inc." shall mean the Santa Fe Indian School, Inc., a non-profit entity established by the 19 Pueblos for the operation of the SFIS.

(g) "SFIS Trust Lands" shall mean the approximately 115 acres of land, which includes the Santa Fe Indian School ("SFIS"), taken into trust by the U.S. for the benefit of the 19 Pueblos ("the SFIS Trust Lands") pursuant to Santa Fe Indian School Act, 114 Stat. 2868, (2000).

2.3.9.030 Purpose

The purpose of this law is to rescind the Council's previous delegation of governance authority over the SFIS Trust Lands that was delegated to the Governor as a member of the AISD Governing Council and for the Pueblo to reassume and reserve all of the Pueblo's governance authority over the SFIS Trust Lands.

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.

2.3.9.050 Governance Authority on SFIS Trust Lands

(a) The Council hereby rescinds Pueblo de San Ildefonso Council Resolution No. SI-R16-005, adopted on May 13, 2016, in its entirety and such resolution shall have no force and effect.

(b) The Council reassumes and reserves to itself all of the Pueblo's governance authority over the SFIS Trust Lands.

(c) The SFIS, Inc. Board of Trustees is directed to present any matters relating to governance of the SFIS Trust Lands to the Council for direction and approval.

2.3.9.060 Delegation of Educational Authority

(a) The Council delegates the Pueblo's authority to the SFIS, Inc. Board of Trustees to the educational and operational functions of the SFIS.

(b) This delegation of educational authority does not extend to a change in the educational or organizational structure of the SFIS, or amendment of the Santa Fe Indian School Act. Such matters shall require Council approval.

Part 2.3.10 Approving the North Central Regional Transit District Amended Intergovernmental Contract

2.3.10.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America.

(b) The voters of the Pueblo approved a new Governing Agreement ("Agreement") for the Pueblo on November 19, 2011, and the Bureau of Indian Affairs approved the Agreement on December 21, 2011 pursuant to Federal law.

(d) The Council is authorized to make laws for the Pueblo pursuant to Section 5 of the Agreement.

(e) New Mexico governmental units are authorized to establish regional transit districts.

(f) The initial signatories ("Initial Members") began working together to form such a district in 2003.

(g) The District is requesting that all members execute a new Amended Intergovernmental Contract to add the Village of Chama as a new member and confirm the voting rights of each member.

(h) The Council has been fully briefed and has reviewed the attached Amended Intergovernmental Contract and has determined that it is in the best interest of the Pueblo to approve the Amended Contract, provided however, that the Council confirms that it is not waiving, limiting or modifying its sovereign immunity from suit by approving the Agreement.

2.3.10.020

(a) The Council approves the attached Amended Intergovernmental Contract.

(b) By such approval, the Council is not waiving, limiting or modifying its sovereign immunity from suit.

2.3.10.030

The Pueblo de San Ildefonso Council hereby approves and adopts this Resolution in accordance with the requirements of the Agreement, according to published Council procedures, and authorizes and directs the Governor, or his designee, to take such actions as deemed necessary to carry out the intent of this Resolution.

Part 2.3.11 Approving the North Central Regional Transit District Amended Intergovernmental Contract

2.3.11.010 Short Title

This enactment shall be known as "APPROVING THE NORTH CENTRAL REGIONAL TRANSIT DISTRICT AMENDED INTERGOVERNMENTAL CONTRACT" ("Act")."

2.3.11.020 Definitions

(a) "Agreement" means the Pueblo de San Ildefonso Governing Agreement.

(b) "Council" means the Pueblo de San Ildefonso Council.

(d) "NCRTD" shall mean the North Central Regional Transit District.

2.3.11.030 Purpose

The purpose of this Act is to execute a new Amended Intergovernmental Contract to add the Village of Taos Ski Valley as a new member to the North Central Regional Transit District (NCRTD) and confirm the voting rights of each new member.

2.3.11.040 Findings

The Council hereby finds that:

(a) New Mexico governmental units are authorized to establish regional transit districts; and

(b) The initial signatories ("Initial Members") began working together to form such a district in 2003; and

(c) The NCRTD is requesting that all members execute a new Amended Intergovernmental Contract to add the Village of Taos Ski Valley as a new member and confirm the voting rights of each member; and

(d) The Council has been fully briefed and has reviewed the attached Amended Intergovernmental Contract and has determined that it is in the best interest of the Pueblo to approve the Amended Contract, provided, however the Council confirms that it is not waiving, limiting or modifying its sovereign immunity from suit by approving the Agreement.

2.3.11.050 Authorizations

(a) The Council hereby approves the attached Amended Intergovernmental Contract.

(b) By such approval, the Council is not waiving, limiting or modifying its sovereign immunity from suit.

(c) The Pueblo de San Ildefonso Council hereby approves and adopts this Resolution in accordance with the requirements of the Agreement, according to published Council procedures, and authorizes and directs the Governor, or his designee, to take such actions as deemed necessary to carry out the intent of this Resolution.

Part 2.3.12 Approving the North Central Regional Transit District Amended Intergovernmental Contract

2.3.12.010 Findings

(a) The Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America.

(d) The Council is authorized to make laws for the Pueblo pursuant to Section 5 of the Agreement.

(e) New Mexico governmental units are authorized to establish regional transit districts.

(f) The initial signatories ("Initial Members") began working together to form such a district in 2003.

(g) The District is requesting that all members execute a new Amended Intergovernmental Contract to add the Village of Questa as a new member and confirm the voting rights of each member.

(h) The Council has been fully briefed and has reviewed the attached Amended Intergovernmental Contract and has determined that it is in the best interest of the Pueblo to approve the Amended Contract, provided, however the Council confirms that it is not waiving, limiting or modifying its sovereign immunity from suit by approving the Agreement.

2.3.12.020

(a) The Council approves the attached Amended Intergovernmental Contract.

(b) By such approval, the Council is not waiving, limiting or modifying its sovereign immunity from suit.

2.3.12.030

Part 2.3.13 Act Authorizing Signature of the Memorandum of Agreement Between the Pueblo de San Ildefonso and the Pueblo of Pojoaque for Law Enforcement Services

2.3.13.010 Short Title

This enactment shall be known as the "ACT AUTHORIZING SIGNATURE OF THE MEMORANDUM OF AGREEMENT BETWEEN THE PUEBLO DE SAN ILDEFONSO AND THE PUEBLO OF POJOAQUE FOR LAW ENFORCEMENT SERVICES" ("Act")."

2.3.13.020 Purpose

The purpose of this Act is to authorize the Governor to sign the document entitled "Memorandum of Agreement Between the Pueblo de San Ildefonso and the Pueblo of Pojoaque For Law Enforcement Services" for additional law enforcement services when Bureau of Indian Affairs-Office of Justice Services ("BIA LES") is unable to quickly respond to service calls or provide routine patrols at the Pueblo de San Ildefonso ("Pueblo").

2.3.13.030 Findings

The Council hereby declares that:

(a) The Pueblo does not have a tribal police department and relies on the BIA LES as its primary law enforcement provider; and

(b) The Pueblo often does not have adequate or timely law enforcement response to incidents occurring on the Pueblo because BIA LES also provides law enforcement services for two other Pueblos in northern New Mexico so that a BIA police officer may not be in close proximity to respond quickly to service calls at the Pueblo and BIA LES is often short-staffed; and

(c) The Pueblo is very concerned about availability of police response during times of emergencies or unforeseen events as well as the absence of routine police presence to deter criminal activity within the Pueblo; and

(d) Pueblo has a need for additional police services when BIA LES may not be able to timely respond to service calls on the Pueblo; and

(e) The Pueblo of Pojoaque operates its own tribal police department and is able and willing to provide police services to the Pueblo; and

(f) The Council has determined that it is the best interests of the Pueblo to authorize signature of the Memorandum of Agreement with the Pueblo of Pojoaque to provide law enforcement services to the Pueblo.

2.3.13.040 Authorizations

(a) The Governor is hereby authorized to sign a form of the Memorandum of Agreement Between the Pueblo de San Ildefonso and the Pueblo of Pojoaque For Law Enforcement Services attached hereto.

(b) The Governor is authorized make any minor technical non-substantive amendments to the Memorandum of Agreement document as may be necessary, provided that the Council is informed of such amendments.

Part 2.3.14 Authorization of Non-Disclosure Agreements with PNM and Waiver of Sovereign Immunity Act of 2021

2.3.14.010 Short Title

This enactment shall be known as the "AUTHORIZATION OF NON-DISCLOSURE AGREEMENTS WITH PNM AND WAIVER OF SOVEREIGN IMMUNITY ACT OF 2021".

2.3.14.020 Purpose

The purpose of this act is to authorize the Governor to negotiate and sign a non-disclosure agreement with PNM for a particular project and to approve a waiver of the Pueblo's sovereign immunity for enforcement of that non-disclosure agreement if required, subject to specific requirements as contained in this Act.

2.3.14.030 Findings

The Council hereby finds and declares that:

(a) The Pueblo de San Ildefonso possesses sovereign immunity from suit and the Council is authorized to decide by law how the Pueblo's sovereign immunity may be waived and in what courts suit may be brought against the Pueblo; and

(b) The Pueblo has a business relationship with PNM, an electricity provider, and works with PNM on various projects; and

(c) there are times when PNM may require a non-disclosure agreement in order to engage in sensitive or confidential business discussions about a project with the Pueblo and those types of agreements may contain a requirement that the Pueblo waive its sovereign immunity from suit in order to enforce the terms of the non-disclosure agreement; and,

(d) it is in the best interest of the Pueblo to authorize the Governor to negotiate and sign any required non-disclosure agreement with PNM for a particular project and to waive the Pueblo's sovereign immunity for enforcement of that non-disclosure agreement with PNM, subject to specific requirements set out in this Act.

2.3.14.040 Authorization

(a) The Council hereby authorizes the Governor to negotiate and sign a non-disclosure agreement with PNM for a particular project.

(b) The Governor is authorized to waive the Pueblo's sovereign immunity from suit in order to enforce the terms of a non-disclosure agreement with PNM subject to the following requirements:

(1) The waiver shall identify the parties or parties for whose benefit the waiver is granted, the transaction or transactions and the claims or class of claims for which the waiver is granted, the court or courts in which suit against the Pueblo may be brought, that the waiver is limited to equitable relief and/or actual damages, and any other limitations or restrictions on relief.

(c) The Governor shall notify the Council when the Governor has signed a waiver of the Pueblo's sovereign immunity pursuant to this Act.

Part 2.3.15 Acknowledgement of SIS LLC's Non-Disclosure of Classified Information and/or Special Nuclear Material

2.3.15.010 Short Title

This enactment shall be known as the "ACKNOWLEDGEMENT OF SIS LLC'S NON-DISCLOSURE OF CLASSIFIED INFORMATION AND/OR SPECIAL NUCLEAR MATERIAL."

2.3.15.020 Purpose

The purpose of this resolution is to acknowledge and accept San Ildefonso Services, LLC's non-disclosure of classified information and/or special nuclear material.

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.

2.3.15.040 Acknowledgements of Non-Disclosure of Classified Information

(a) The Council recognizes that SIS LLC has the exclusive authority to manage the business affairs of SIS LLC and that it may act completely independent of the Pueblo in all matters relating to the responsibility to safeguard classified information and/or special nuclear material;

(b) The Council understand that the Member Representatives of SIS LLC must ensure that classified information and/or special nuclear material in the custody or possession of SIS LLC shall not be disclosed to anyone who does not possess the appropriate security clearance, including the Pueblo as a single member of SIS LLC;

(d) The Council or the Pueblo shall not have access to the classified information and/or special nuclear material in possession of SIS LLC.

Part 2.3.16 New Mexico Taxation and Revenue Department Cooperative Agreement Addendum Authorization Act

2.3.16.010 Short Title

This enactment shall be known as the "NEW MEXICO TAXATION AND REVENUE DEPARTMENT COOPERATIVE AGREEMENT ADDENDUM AUTHORIZATION ACT."

2.3.16.020 Purpose

The purpose of this Act is authorize the Governor to approve and sign the Addendum to the Pueblo's Cooperative Agreement with the New Mexico Taxation and Revenue Department ("TRD") to: (1) address how receipts from internet sales that are reportable to the Pueblo would be handled under the Cooperative Agreement; and (2) waive the TRD administrative fees on Class 1 and Class 2 receipts for a five-year period to compensate for gross receipts collected by the State during the period of July 1, 2019 to June 30, 2021 that were not reported to the Pueblo's location code.

2.3.16.030 Definitions

(a) "Act" means the New Mexico Taxation and Revenue Department Cooperative Agreement Addendum Authorization Act.

(b) "Addendum" means the addendum to the Cooperative Agreement.

(c) "Cooperative Agreement" means the Cooperative Agreement between the New Mexico Taxation and Revenue Department and the Pueblo signed September 30, 2013 to provide for the administration of gross receipts taxes imposed by both entities on certain taxable transactions occurring within the Pueblo's Lands.

(d) "Pueblo" means the Pueblo de San Ildefonso. "Pueblo" also means the lands over which the Pueblo has jurisdiction.

(e) "State" means the State of New Mexico.

(f) "TRD" means the New Mexico Taxation and Revenue Department.

2.3.16.040 Findings

The Council hereby finds and declares that:

(a) In 2013, the Pueblo entered into a Cooperative Agreement with the TRD for the administration of gross receipts taxes imposed by the Pueblo and TRD on certain transactions within the Pueblo's lands; and

(b) In January 2019, the State enacted legislation to require certain internet sellers to start collecting and paying gross receipts tax on their New Mexico transactions; and

(c) During the period from July 1, 2019 through June 30, 2021, the State collected, or will have collected, gross receipts taxes on internet sales delivered on Pueblo lands because internet retailers reported those sales to the State's general location code instead of the Pueblo's location codes; and

(d) Because of the changes to the State's gross receipts tax laws, it would be difficult for internet retailers to determine how to report their gross receipts on internet sales on Pueblo lands; and

(e) TRD met with pueblos and tribes to discuss taxation of internet sales and it was determined that the changes to the State's gross receipts law required an amendment to the Cooperative Agreements. An addendum was negotiated with TRD to memorialize how receipts from internet sales that are reportable to the Pueblo would be handled under the Cooperative Agreement; and

(f) Under the addendum, TRD also agrees to waive the TRD administrative fees on Class 1 and Class 2 receipts for a five-year period to compensate for gross receipts collected by the State during the period of July 1, 2019 to June 30, 2021 that were not reported to the Pueblo's location code; and

(g) The Council has reviewed the attached Addendum and has determined it is in the Pueblo's best interests to approve the Addendum and authorize Governor to sign the Addendum.

2.3.16.050 Authorizations

(a) The Council hereby authorizes the Governor to approve and sign the Addendum to the Pueblo's Cooperative Agreement.

(b) The Governor is authorized to make any non-substantive changes to the Addendum as may be needed, provided that the Council is notified of such changes.

Part 2.3.17 Act Approving the Installation of a Chromium Monitoring Well and Authorizing a Limited Access Agreement

2.3.17.010 Short Title

This enactment shall be known as "ACT APPROVING THE INSTALLATION OF A CHROMIUM MONITORING WELL AND AUTHORIZING A LIMITED ACCESS AGREEMENT" ("Act").

2.3.17.020 Purpose

The purpose of this Act is to approve the installation of a chromium monitoring well in the Pueblo's Sacred Area, approve the proposed location of the monitoring well and to authorize the negotiation of a Limited Access Agreement to access the Pueblo's lands during construction and operation of the monitoring well and to provide terms for use of the Pueblo's resources.

2.3.17.030 Findings

The Council hereby finds and declares that:

(a) hazardous materials used and produced at the Los Alamos National Laboratory ("LANL") facility, along with hazardous wastes generated because of site operations, have been released to the environment beginning in the 1940s.

(b) of imminent concern is a large chromium groundwater plume under LANL in the regional groundwater aquifer that is migrating to the south and southeast towards Pueblo lands.

(c) in 2014, in response to the New Mexico Environment Department ("NMED") requirement that the Department of Energy/National Nuclear Security Administration ("DOE/NNSA") address migration of chromium beyond the LANL boundary, the Pueblo and DOE negotiated terms whereby DOE/NNSA was permitted to install and operate a monitoring well within the Pueblo's Sacred Area for the purpose of studying groundwater quality for a five-y ear period.

(d) that Limited Access Agreement for the well identified as SIMR-2 was renewed in 2020 for an additional five-year period to allow for continued monitoring of the chromium plume.

(e) the NMED, the DOE/NNSA, the DOE Office of Environmental Management ("DOE/EM"), the entity responsible for addressing DOE legacy environmental matters, and the Pueblo have determined the need to install an additional monitoring well in the Pueblo's Sacred Area to provide critical data on the movement of the chromium plume.

(f) the NMED, the DOE/NNSA, the DOE/EM, and the Pueblo have determined an appropriate location for the second monitoring well identified as SIMR-3 within the Pueblo's Sacred Area as shown on the map attached hereto as Exhibit A.

(g) the proposed location for the monitoring well is within a part of the Sacred Area that was previously evaluated and approved by a tribal cultural survey committee consisting of representatives from the North and South Kivas when determining the location of the SIMR-2 well.

(h) the Council has been briefed on the immediate need for a second monitoring well in the Sacred Area as the data from that well could determine future mitigation and remediation actions for the chromium plume, and the need for a Limited Access Agreement to permit the well on tribal lands and establish terms of use for the Pueblo's resources, including compensation for the use of the Pueblo's water during construction and operation of the well.

(i) the Council has determined that it is in the Pueblo's best interest to approve the installation of a second monitoring well in the Sacred Area at the location identified on Exhibit A and to authorize the negotiation of a Limited Access Agreement for the well.

(j) the Council recognizes the importance for work to continue between the Pueblo's Department of Environmental and Cultural Preservation ("DECP") and DOE/EM to install the monitoring well as quickly as possible after the Council's approval for the well location, including in the interim period while the terms of the Limited Access Agreement are being negotiated and finalized.

2.3.17.040 Authorizations

(a) The Council approves the installation of a second monitoring well in the Sacred Area at the location identified on Exhibit A.

(b) The Council authorizes the Governor to negotiate and execute a Limited Access Agreement as quickly as possible to permit the construction and operation of the monitoring well and to establish terms for the use of the Pueblo's resources, including compensation for the use of the Pueblo's water during the construction and operation of the well.

(c) The Council authorizes DECP to continue to work with DOE/EM on all tasks necessary to install the monitoring well in the interim period while the Governor negotiates and executes a Limited Access Agreement.

(d) The Council authorizes the Governor or his designee to any all actions deemed necessary to carry out the intent of this Act.

Chapter 2.4 Governor's Code of Ethics and Conduct

Part 2.4.1 Governor's Code of Ethics and Conduct

Editor's Notes

This law was originally enacted pursuant to Council Resolution No. SI-R16-018, dated September 2, 2016.

2.4.1.010 Findings

(a) The Council finds the need to define a standard of conduct for ethical behavior the Governor is expected to meet throughout the duration of his/her elected term;

(b) The Council also finds the need to, establish a formal procedure for Council Removal of the Governor who is charged with being in violation of this Governor's Code of Ethics.

(d) The Pueblo de San Ildefonso Council hereby approves and adopts this resolution in accordance with the requirements of the Agreement, according to published Council procedures, and authorizes and directs the Governor, or his designee, to take such actions as deemed necessary to carry out the intent of this resolution.

2.4.1.020 Short Title

This enactment shall be known as the Pueblo de San Ildefonso Governor's Code of Ethics and Conduct ("Governor's Code of Ethics").

2.4.1.030 Definitions

(a) "Agreement" means the Pueblo de San Ildefonso Governing Agreement.

(b) "Code of Ethics" means the Governor's Code of Ethics.

(d) "Governor" means Governor of the Pueblo de San Ildefonso

(e) "Pueblo" means the Pueblo de San Ildefonso.

(f) "People" means enrolled members of the Pueblo de San Ildefonso.

(g) "Representative(s)" means an elected Representative on the Pueblo de San Ildefonso Council.

2.4.1.040 Purpose

The purpose of this Act is to define the standard of conduct for ethical behavior that the Governor is expected to meet throughout the duration of his/her elected term and to provide a formal procedure for Council to remove a Governor who is found to have violated this Code of Ethics.

This Code of Ethics will not ensure ethical behavior but will set standards that will lead to greater ethical awareness of expectations for the Governor, offer guidance on handling ethical problems that might arise in the course of doing business, and provide consistency in the application of removal procedures.

This Code of Ethics will help guide Council discussion of any personal acts by the Governor that violate ethical behavior, which may result in a decision by the Council to prepare formal written charges seeking the removal of the Governor for alleged violations of the Code of Ethics.

2.4.1.050 Findings

The Council hereby finds and declares that:

(a) The Governor represents the Pueblo at all times throughout the duration of his/her term.

(b) The Governor shall act in the best interest of the People in order to respect, perpetuate, and advance the culture, values, customs, and traditions of the Pueblo.

(c) Components of ethical behavior for the Governor include honesty, integrity, transparency, accountability, confidentiality, objectivity, respectfulness, obedience to the law, and loyalty. The Governor has an ethical duty to promote the well-being, happiness, and flourishing of the Pueblo and People.

(d) The Governor is responsible to exhibit social responsibility, fiduciary responsibility, and ethical business practices. The Governor shall avoid conflicts of interest, bribery/kickbacks, appearance of impropriety, and unethical and illegal actions. It is the responsibility of the Governor, in accordance with the laws enacted by the Council, to balance the interaction of profit-maximizing business with non-economic concerns.

(e) The Agreement establishes a separation of functions between the law-making and budget powers vested in the Council, and the executive functions vested in the Governor, and under the Agreement, the Council may remove a Governor from office by a vote of four-fifths vote of the entire Council after providing due process.

(f) Acts that violate a law or regulation and are punishable by law shall be adjudicated by the Courts; provided, that any adjudication in the Courts shall not prevent the Council from exercising its authority to remove a Governor as authorized by the People in the Agreement. The Governor is expected to govern himself/herself in accordance with the laws as contained in applicable written statutes, codes, and resolutions, including, without limitation, the laws of the Pueblo.

(g) Failure of the Governor to comply with this Code of Ethics may result in a decision by the Council to remove the Governor from office.

2.4.1.060 Governor's Code of Ethics

The Governor shall at all times abide by and conform to the following Code of Ethics in his/her capacity as Governor. If the Governor violates any provisions of the Code of Ethics, his/her representation of the Pueblo as Governor will be subject to review by the Council, where the nature and severity of the offense will be a factor in any decision on removal of the Governor by the Council.

2.4.1.070 Standards of Conduct

(a) The Governor shall:

(1) Discharge the duties of Governor with great moral turpitude and in accordance with the tradition and customs of the Pueblo.

(2) AT ALL TIMES, use his/her best efforts to represent the interests and protect the integrity of the Pueblo through professional decorum; the Governor shall conduct himself/herself so as not to bring disgrace or embarrassment upon the Pueblo.

(3) Provide collective leadership and direction in accordance with the Agreement.

(4) Attend Council meetings as often as possible, however, in recognition of the numerous demands and obligations of the Office of Governor, mandatory attendance at all Council meetings is not expected or required.

(5) Maintain confidentiality of issues designated as confidential by law, which may include such matters as pending litigation, care of minors, or culturally sensitive issues.

(6) Demonstrate the highest standards of personal integrity, truthfulness, honesty, and fortitude in all Pueblo and personal activities, in order to inspire public confidence, respect, and trust in government.

(7) Abide by the spirit and letter of the laws of the Pueblo and all other applicable laws and regulations.

(8) Treat all people in a courteous, respectful, and lawful manner so as not to create an unsafe or hostile working environment.

(9) Use, request, permit, or direct the use of, Pueblo vehicles, equipment, material, or other government-owned property only for official business purposes of the Pueblo.

(10) Be permitted to accept food and refreshments in the ordinary course of an official luncheon or business dinner or other official meeting; The Governor may accept unsolicited gifts or promotional materials of nominal value less than $100; however, any gift valued at $100 or more may be accepted but shall become the property of the Pueblo; Gifts of moderate value may be accepted by the elected official for traditional gift-giving holidays or events from friends and relatives where the relationship existed prior to the giver's establishment of a contractual, financial, or regulatory relationship with the Pueblo.

2.4.1.080 Conduct to Avoid

(a) The Governor shall NOT:

(1) Use the status or position as an elected official to secure special privileges or exemptions for personal gain including for a spouse, child, parent, or other person.

(2) Disclose or use for his/her personal benefit business proprietary information of the Pueblo acquired in his/her official capacity as Governor.

(3) Make or authorize any expenditure that exceeds an appropriation of funds approved in an Annual Budget or Budget Modification.

2.4.1.090 Executive and Fiduciary Responsibilities of the Governor

The People, through the Agreement, provide the Governor the authority "to maintain a limited government, to enforce and administer the laws and budgets enacted by the Council, to provide general supervision of the government and its subdivisions, to enforce court orders, and to respect, perpetuate, and advance the culture, values, customs, and traditions of the Pueblo." The Governing Agreement, Governor, Section 4. Authority states:

(a) The Governor shall see that the laws are carried into effect and the budget is lawfully administered. The Governor shall have general supervision of the government, departments, and programs. The Governor shall enforce court orders.

(b) The Governor or his designee shall serve as the official spokesperson for the Pueblo.

(c) Every action of the Council before it becomes law shall be presented to the Governor for signature, or veto with written objections. The Governor shall have the right to veto a proposed law passed by the Council within seven days of presentation. The Council shall have the power to override a veto by seven Council Representatives voting in favor of the override within twenty days of the Governor's presentation of the veto to the Council.

(d) The Governor shall serve as the officer with the highest fiduciary responsibility for the Pueblo. The Governor shall serve as the signatory on all expenditures.

(e) The Governor shall call and hold a general public informational meeting of the People four times per year in each quarter of the year. The Office of the Governor shall prepare and publish a monthly bulletin.

2.4.1.100 Obligations of the Governor

(a) In fulfillment of Executive and fiduciary responsibilities, and to the best of his/her knowledge and ability, the Governor shall:

(1) Execute the laws and administer the budgets of the Pueblo, including completing and maintaining Pueblo documents, in a truthful and accurate manner.

(2) Require all employees under his/her direction to agree to execute the laws and administer the budgets of the Pueblo, including completing and maintaining Pueblo documents, in a truthful and accurate manner.

(3) Take reasonable steps to supervise and manage the financial operations and activities of the Pueblo including a system of internal controls and independent auditing, in accordance with the laws of the Pueblo.

(4) Respond in a timely manner to all requests from the Council or a Council Committee for information, documents, and testimony from Executive branch personnel, including providing available information and documents without delay.

(5) Provide complete and accurate financial information maintained by the Pueblo to the Council or a Council Committee in a timely manner upon written request.

(6) Publish for the People all documents, notices, and other official announcements upon written request by the Council.

(7) Call and hold general public informational meetings, and publish a monthly bulletin, as required by the Agreement.

2.4.1.110 Violations of the Code of Ethics

A Governor who, during his/her term, is convicted of any felony or of a misdemeanor involving moral turpitude, gross neglect of duty, malfeasance in office, or misconduct reflecting on the dignity and integrity of the government, may be removed from office.

If the Governor is formally charged with a crime in any court, other than a traffic ticket or other minor infraction, he/she shall be immediately suspended from receiving any monetary compensation from the Pueblo including all official travel and expenses; provided, that monetary compensation and travel expenses shall resume if the criminal charges against the Governor are dropped or dismissed, or upon the final outcome of the court proceeding.

If the Governor is formally notified by the Council that the Council has formally initiated the process to remove the Governor from office, he/she shall be immediately suspended from receiving any monetary compensation from the Pueblo including all official travel and expenses; provided, that monetary compensation and travel expenses shall resume if the Council fails to remove the Governor from office or upon the expiration of thirty days, whichever is sooner.

2.4.1.120 Process for Removal of the Governor by the Council

The Governing Agreement, Elections and Voting, Section 4. Removal and Recall states:

The People give the Council power to remove a fellow Council Member or the Governor by at least a four-fifths vote of the entire Council, excluding the Member or Members of the Council subject to removal, after providing due process, including a written list of charges, adequate notice to provide a defense, and an opportunity to provide a defense. No more than two Members of the Council can be subjected to a Removal Process at one time, and any resulting vacancy shall be filled before any subsequent Removal can be conducted.

The Court shall have the limited jurisdiction to reverse a removal based on a denial of due process but shall not have the jurisdiction to review the substance of the removal charges.

The following procedure may be implemented by the Council when a violation of this Code of Ethics and Conduct occurs:

(a) The Council may conduct a preliminary review of the alleged violation of the Code of Ethics by the Governor. The Council may direct the Lieutenant Governor or another Council Representative to informally discuss the alleged violation of the Code of Ethics matter with the Governor and/or present a verbal request to the Governor to resign from office prior to proceeding with the formal removal process.

(b) If the Council determines that adequate reasons exist to bring formal charges against the Governor, the Council may, by a majority vote, initiate the formal removal process. The Lt. Governor shall notify the Governor of any decision by the Council to initiate the formal removal process.

(c) The Governor shall be provided due process prior to any Council vote to remove, including being provided with a written list of charges, an opportunity to be heard and to present evidence and testimony, and at least five days prior notice of the date, time, and location of a scheduled Public Hearing.

(d) The Public Hearing shall provide a Governor accused of a violation of the Code of Ethics with the opportunity to provide a defense to any and all charges.

(e) A decision to remove the Governor from office due to a violation of the Code of Ethics shall be made by at least a four-fifths vote of the entire Council at a regularly scheduled Council meeting. The decision of the Council shall be public with the names and vote of each Council Representative published. The decision of the Council shall be made by Legislative Order and shall be published.

2.4.1.130 Amendment

The Council may amend this Code of Ethics at any time upon majority vote of the Council, and in accordance with the requirements of the Agreement.

2.4.1.140 Severability

If any provision of this Code of Ethics is held to be invalid or unconstitutional, then the remaining provisions of this Code of Ethics shall remain in full force and effect.