Resolution No. SI-R21-002: Acknowledgement of SIS LLC's Non-Disclosure of Classified Information and/or Special Nuclear Material

At a duly called meeting of the Council of San Ildefonso Pueblo on the 29th day of April , 2021, the following law was adopted:

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

WHEREAS, the voters of the Pueblo approved a 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; and,

WHEREAS, the Pueblo Council ("Council") is the duly constituted Legislative body acting for the Pueblo; and,

WHEREAS, the Council is authorized to make laws for the Pueblo pursuant to Section 5 of the Agreement; and,

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

WHEREAS, 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,

WHEREAS, 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,

WHEREAS, 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,

WHEREAS, 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,

WHEREAS, 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

WHEREAS, 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

WHEREAS, 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

WHEREAS, 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

WHEREAS, SIS LLC is required to obtain its own FOCI determination and certification; and

WHEREAS, 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

WHEREAS, 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

WHEREAS, 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

WHEREAS, 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.

NOW THEREFORE BE IT RESOLVED, that the Council hereby

1. 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;

2. 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.

BE IT FINALLY RESOLVED, that

1. The Council shall not affect adversely the policies and practices of SIS LLC in performing classified contracts;

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

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on April 29 , 2021, at a meeting with a vote of 9 in favor, 1 opposed, 0 abstaining and 0 absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.

Terrence K. Garcia, Council Secretary

COUNCIL REPRESENTATIVE SPONSOR(S): Council Representatives

DELIVERY OF THE RESOLUTION TO THE GOVERNOR:

Resolution No. SI-R21-002 was presented to the Governor of the Pueblo de San Ildefonso on the 30^th day of April , 2021, pursuant to the Governing document of the Pueblo de San Ildefonso ("Agreement"), GOVERNOR, Sec. 4(c), and will become effective after signature by the Governor or veto override by the Council.

Terrence K. Garcia, Council Secretary

GOVERNOR'S ACTION:

{ X } APPROVED

{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:

On this 3^rd day of May , 2021.

Christopher Moquino, Governor

Presented by the Governor to the Council on the _______ day of ________________, 2021.

COUNCIL'S ACTION:

Override of Governor's veto:

{ } YES

{ } NO

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on _________________, 2021, at a meeting with a vote of ______ in favor, _____ opposed, _____ abstaining and _____ absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.

Terrence K. Garcia, Council Secretary

ACKNOWLEDGEMENT OF SIS LLC'S NON-DISCLOSURE OF CLASSIFIED INFORMATION AND/OR SPECIAL NUCLEAR MATERIAL

Section 1.1. Short Title

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

Section 1.2. 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.

Section 1.3. 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.

Section 1.4. 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;

(c) The Council shall not affect adversely the policies and practices of SIS LLC in performing classified contracts;

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