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08/20/2003 18:36 5054740719 ELLEN R. KEMPER, SSD PAGE 04 <br /> notwithstanding the administrative procedure regulated by the DDI's Bureau of Indian Affairs• <br /> The federal law can bypass several BIA requirements such as an environmental assessment and <br /> consultation with local governments. The current administration has voiced its disfavor of this <br /> approach for that reason. Certainly local and state governments would have the opportunity to <br /> express their concerns to Congress <br /> transfer. if a tribe were to solicit Congressional support for a trust <br /> In conclusion,the land in question could only be used for gambling if the following were to occur: <br /> 1)NDI transferred the land to an Indian tribe; 2)the deed restrictions were declaredinvalid in a <br /> court of law; 3) the land is situated next to an existing reservation or is historically or culturally <br /> relevant to a recently restored tribe;and 4)a tribe were to obtain trust land status through the <br /> regulatory process or by legislative mandate. Given all that you have explained to me about NDI's <br /> mission and operations and from what I know about the regulatory and legislative process in <br /> Indian affairs, it is my opinion that NDI's property will not fit the criteria needed to establish a <br /> gambling enterprise. <br /> Respectfully submitted, <br /> Ellen R. Kemper <br /> 10 <br /> n. .- nn nnn� nc.nnnn. +rn .cnc n�nn-.-.n ........ ., nr-T,., nnr•r.nnn o-nn•i <br />