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May 16, 2000 MEMORANDUM FOR THE PRESIDENT THROUGH: JOHN PODESTA FROM: LYNN CUTLER CC: MARIA ECHAVESTE SUBJECT: INDIAN ISSUES FOR CONNECTICUT TRIP The following was prepared by the Bureau of Indian Affairs for you at my request because the town leaders asked to meet with you on these issues and Senator Dodd, Senator Lieberman and Congressman Gejdenson sent a letter supporting that request. The BIA has issued proposed findings to acknowledge the Eastern Pequot and Paucatuck Eastern Pequot petitioning groups as Indian tribes under federal law. The proposed findings are now subject to public comment pursuant to 25 C.F.R. Sec. 83.10(I). The Connecticut towns of Ledyard, North Stonington and Preston, through their attorneys, Perkins, Coie have written to Secretary Babbitt and raised a number of alleged Administrative Procedure Act violations in the proposed findings and have asked that the decision-maker in this case (Assistant Secretary Kevin Gover) be recused. The Assistant Secretary consulted the Office of the Solicitor on whether he should recuse himself from the Pequot/Paucatuck matters and was advised that he did not need to do so. The BIA and Assistant Secretary Gover carefully considered all of the evidence before them prior to issuing the proposed finding. Since this finding is just a proposed finding, the towns will have the opportunity over the next 180 days to comment. Since the proposed finding is in the public comment period, the Department of the Interior recommends against any White House meetings with the petitioning groups or the towns on this subject matter. Any meetings without the requisite BIA historians, genealogists and researchers would likely lead to confusion with the public and create problems with the administrative record.