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Letter from Congressman LaFalce to the Interior Inspector General

Letter to Department of the Interior Inspector General Earl E. Devaney regarding the decision of Secretary Norton to permit the compact between the State of New York and the Seneca Nation to take effect without any action.

November 6, 2002

Mr. Earl E. Devaney
Inspector General
Department of the Interior
1849 C Street, N.W.
Washington, D.C. 20240

Dear Mr. Devaney:

I call on you to look into the decision of Secretary Gale A. Norton, announced on October 24, 2002, to neither approve nor disapprove the Class III gaming compact between the State of New York and the Seneca Nation of Indians. Under the Indian Gaming Regulatory Act (IGRA), if the Secretary does not approve or disapprove a proposed compact within 45 days, the compact is deemed approved, but only to the extent that its terms comply with the requirements of IGRA.

An article by Jerry Zremski in the November 1, 2002 issue of The Buffalo News, entitled Pataki influence led to casino approval, suggests that the Secretary's decision was influenced by Michael Rossetti, Counselor to the Secretary. Mr. Rossetti had formerly been employed by Erie County (NY) as an attorney opposing land claims of the Seneca Nation in Erie County and Western New York. Those land claim cases are still active and are currently before the United States Court of Appeals for the Second Circuit.

According to the article, Mr. Rossetti had told The Buffalo News several months ago that he had recused himself from the Seneca gambling issue. The article goes on to report that he subsequently asked for and received clearance from the Department of Justice to participate in the decision on the compact.

Most importantly, the article suggests that the professional career staff recommendations were to disapprove the compact, but that the career staff were overruled through the actions of Mr. Rossetti, and ultimately Secretary Norton, as a favor to New York Governor George Pataki, who was facing a re-election campaign at the time.

The suggestions in the article set forth a description of a deeply flawed process that leaves all parties uncertain whether, and to what extent, the compact complies or does not comply with IGRA, and suggests that the "non-decision decision" was made not on the merits as recommended by the professional staff of the Interior Department, but on political considerations designed to assist a Republican Governor in a re-election campaign.

I request that your office look into whether the decision making process was appropriate, and most importantly, whether the decision to not make a decision was made on the merits or was based on political considerations.

Sincerely,

s/

JOHN J. LaFALCE
Member of Congress

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