i EXHIBIT 3
@@23/2tea5 · ~ l
p I Vceeé zlae-ev-0h'blf§-t5E>t5ED 0C6
il l orrtca or tus secnsrnar ` `§¤(
. Washington, DC 20240 1-AK; pam';
, , · · •NAM¤Rl¤A·
MAY 23-2005
0 Mn Richard L. Velky `
Schaghticoke Road.
P.O. Box 893 _
p Kent, Connecticut 06757. F
Dear Mt. Vellty:
g On May I2, 2005, the Interior Board of Indian. Appeals (IBIA) issued its decision in, In re
‘ Federal Acknowledgment of the Schaghticnke Tribal Nation [STN]. In this case, the·IBIA
vacated the tina] detertn.in.ati.on of the Principal Deputy Assistant Secretary - Indian Affairs to
acknowledge the petitioner as an Indian tribe and remanded it to the Assistant Secretary — Indian
i Affairs "l’or thrther work and reconsicl.eration," pursuant to 25 CFR §83.11(c)(l0). The IBIA
T also described. alleged. grounds for recon.side:tati.on that are outside its jurisdiction, which were
` referred for consideration as appropriate. Inquiries have been received from representatives of
l STN and the Town of Kent iconcerning how the Department will handle the reconsidered. iinal
I _ determination ..-`
Under 25 CFR §83.l. l.(g)(l), the Office of the Assistant Secretary shall issue a. reconsidered. final
Y determination within 120 days of receipt of the IBIA’s decision. Th.e Assistant Secretary‘s office
i received. this remand on May 13, 2005. On May 13, 2005, that ofiice also received. the IBIA
s remand in, In re Federal Acknowledgment ofthe Hisloricttl Eastern Pequot Tribe [l·l.E-P]. The
due date to issue these two reconsidered final determinations is Monday, September 12, 2005
(l20 days from May 13, 2005, lands on Saturday, May l0, 2005, and, thus, the deadline is
j moved to the next business day). · D A
i D During this l20—d.ay period, no technical assistance or consultation will be available to the
I petitioners and interested parties. Unsolicited arguments, evidence, comments, and briefings
from the petitioners and interested parties will not he accepted. The petitioners, third parties, and
s their representatives should not contact the Associate Deputy Secretary or any other Department t
D ofticial who may have been delegated authority to decide matters concerning these e
, ackn.owlecl.gm.ent petitions during this l20—da.y reconsideration period; n.or contact the
` researchers in the Oftice of Federal Acknowledgment who are assigned. to the reconsidered final
_ detemiination. Persons may contact the Director of the Oftlce of Federal Acknowledgment p
‘ regarding th.e status of the reconsideration.
I p Under 25 CFR §83.l l(h)(3), the reconsidered d.etern1inatiou shall be tina] and effective upon
publicati.on ofthe notice of the reconsidered. detertnination in the Federal Register.
l
QF Q3/2@@5 4- _ _ ED CK Q1 6 4 _ _
~ 0 _ ,Casje 2‘?§5 cv BOCL?m€l§l 7 Filed 06/30/2005 Page 3 ow. ABE W5
d A one—page fax was received from the STN that does not indicate whether it was served on all
parties in compliance with tlie Court-approved negotiated settlement order. A copy of this fax i.s
enclosed. Should you have any questions regarding the status, please direct them in writing to
Mr. R. Lee Fleming, Director, Office of Federal Acknowledgment, 195). Constitution Avenue,
NW., MS 3413-STB, Washington, D.C. 20240.
Sincerely,
Mints Principal Deputy Assistant Secretary - Indian Affairs
cc: STN interested parties, w/enclosure 1
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. T
_§TN` Questions a`boutRe0o11side1·gtion Procedures
l. (Tam STN nwet with OFA`? If so, how soon`? D0 we need to make a written ·
rot gtH&?$l‘?
2. ‘¢\thi:> will be the OFA warn ilu- STN reconsiclcmtion?
3. Cam STN send its Tribe] represemdtive or legal counsel to all meetings conoeminra
S'l"N‘7 i
-’t. will new evidence be accepted that cleriiies specific issues raised end discussed
Q by thu Vztoztie and Remzmd. for Roconsiderdtion. issued on May l2, 2005%*
¢ - i . . . l
tl. On November 29, 2004 and Mm·ch‘l 8, 2005 briefs with documenumon were i
j Sulonrtitted to IIBTAFOFA, were those documents ret iewed and/or consld.ei·ed'?
0 ti. \i»'l1ei·t methodology was used by the BIA io calculate S'1"N’s endogamy rate to a I
j drop ol` %l'l%" i
A Please give the specific dates that cover the 120 day, time-period.
j Will iiecoimsidemtioiu. for STN & HEP take plucc an the same time, or will they be
swggeretl? `
Un l)ec•:.ntb•:r 2, 2004 we received rt letter fron; the Solicitor and in the Enal
0 ptuatgrnph it states for the IBIA DOI tn eilirm STN witliottt ftmlser clatificétlion. What do
0 we need to do`?
0 ` Q. The lxttimostetl lkwties t·e1`ei·uncecl in the lill,\ Vacate and Remamd, does STN have _ _
0 io iidcliv:-se: them‘." _ » 1
‘ 0 10. Did LEM request what OFA provide zculinitriil tissismnce in deciding the appeal of i
the STN Fill'?
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