24.6.7.010 Findings

(a) Since as early as 1965 and before, the Pueblo has had ongoing concerns regarding the alleged and continued trespass by Santa Fe County for roads over the Pueblo's lands.

(b) On November 3, 2013, the Pueblo requested the Bureau of Indian Affairs (BIA) to initiate formal trespass actions against Santa Fe County for the roads.

(c) On December 6, 2013, Bureau of Indian Affairs Superintendent Fry issued a Notice to Show Cause to County Manager Katherine Miller as to why the County should not be assessed trespass damages for certain roads within the Pueblo's lands.

(d) Santa Fe County denied the County is in trespass but felt the matter would be best addressed through negotiated settlement between the Pueblo and the County, without the intervention of the Bureau of Indian Affairs.

(e) In the past two years, the Pueblo has made extensive efforts to work with Santa Fe County to resolve the road issues without success.

(f) During this time, the Pueblo has expended human resources such as tribal official and staff time, and incurred huge costs for surveying, legal, and other professional services and resources to research, clarify, and document the property boundaries and ownership to aid in bringing about a resolution to the trespass issues.

(g) The United States, by and through the Bureau of Indian Affairs, has a trust responsibility to the Pueblo de San Ildefonso to protect the Pueblo from trespass by any person, including but not limited to state and local governments.

(h) The Council finds it in the best interest of the Pueblo to have the Bureau of Indian Affairs initiate legal action against the County of Santa Fe for trespass or such other actions in order to establish clear title to all roads and land to which the County of Santa Fe claims an interest within the exterior boundaries of the Pueblo de San Ildefonso.