(Address) (Date) Senator Ben Nighthorse-Campbell, Chairman Senate Committee on Indian Affairs 838 Hart Senate Office Building Washington, D.C. 20510 RE: Catawba Tribal Enrollment Oversight by the Bureau of Indian Affairs and Request of an Immediate Committee Investigation into BIA Conduct Dear Senator Ben Nighthorse-Campbell: It has come to my attention that after seven grueling years of attempting to work with the Bureau of Indian Affairs regarding the Catawba Nation (South Carolina) on the tribal enrollment process that Mr. Franklin Keel, Director of the Eastern Regional BIA Office, is planning to rush a defective roll to publication. Mr. Keel is fully aware of the significant legal and administrative problems involved in the past seven years with the Catawba Nation's roll process which includes violation of US Constitutionally protected rights of due process and notice and apparent violations of the Administrative Procedures Act. I am an individual who qualifies as a person who "....should have been...." on the earlier Catawba Tribal Rolls (1943 and/or 1961) but was not; or as a person descended from an individual who "...should have been...." but was not. I am a well documented Catawba person who has been harmed by the actions and inactions of the Bureau of Indian Affairs under the supervision Mr. Kevin Gover. In the enrollment process I was never advised as to the standard of enrollment criteria that my appeal for tribal enrollment would be evaluated upon. The BIA failed to publish the identical standards for the 1961 Catawba Tribal Termination Roll as mandated by federal statute in the Catawba Indians of South Carolina Lands Settlement Act of 1993, Section 7 Membership. The BIA lost this criteria and failed to notify the public and/or the US Congress of its inability to comply with federal law. The BIA lost the 1943 enrollment criteria as well. Apparently the BIA has also lost prior submitted legal documents that include earlier submitted Proposed Final Membership Rolls. (Ref: Newspaper reports in South Carolina as well as statements made to Catawba by the entire Catawba Executive Committee Membership on May 17, 1996 to eight members of the public.). As a member of the public, I am shocked that such haphazard administration has been allowed to take place in the Bureau of Indian Affairs. I am requesting that the Senate begin an immediate inquiry into this matter. Time is of the essence as Mr. Franklin Keel is attempting to rush to publication the Final Catawba Membership prior to July 11, 2000. He is anxious to beat this deadline as he and Mr. Kevin Gover have an appointment in Federal District Court in Denver, Colorado in a pre-trial hearing in this matter. Mr. Keel is apparently hoping that by publishing the Final Roll prior to this court appearance, he can circumvent the legal process in a pending federal law suit. The hearing is a pre-trial meeting in which one of the elements to be discussed is the possibility of resolving this enrollment crisis without federal litigation. If Mr. Keel is allowed to publish the Final Membership Roll, there will be no other alternative but for the public but to litigate the enrollment problems created by Mr. Keel and Mr. Gover. Mr. Keel is sadly mistaken if he believes that this publication of the Catawba Final Membership Roll will terminate any legal rights and litigation efforts available to the Catawba people, those seeking enrollment, and the general public. His actions will in fact create a costly and time consuming litigation effort which I believe that the Catawba people (both enrolled and currently non-enrolled) will win. We have documentation that Mr. Keel, prior to reviewing our appeal, had predetermined that he would never allow those petitioning onto the Catawba rolls. His biased actions and conduct over the past years has clearly shown that he was incapable of providing an objective review of my appeal or any other individuals from denial of tribal enrollment. Mr. Keel is currently involved in federal litigation in South Carolina federal district court. Mr. Keel's interaction with the Catawba Nation has been so inconsistent that even the a US federal judge in South Carolina is confused as to the BIA's actions and position. (Ref: news reports on the Catawba case of Wade et al vs. Blue et al, Thursday, June 22, 2000) U.S. federal Judge Anderson has been making inquiries as to the BIA's policies in regards to the Catawba Nation and the pending Final Catawba Roll publication and other matters. Still such legal inquiries have not caused the BIA to re-think its positions and/or actions, but it continues to tread on the Constitutional rights of the public and the Catawba people. I am asking that the Senate Committee on Indian Affairs hold an immediate investigation into the actions and inactions of the Bureau of Indian Affairs and specifically into the actions of Mr. Kevin Gover and Mr. Franklin Keel. The public and the Indian communities deserve better treatment, respect, and the fair and objective application of federal statutes. We — those of Catawba identity – have not received this. I can be reached at the above address and telephone number. I would be more than happy to discuss my concerns with you. You may also wish to visit a new web site at http://www.catawba-people.com which provides greater detail about the problems with the BIA in this matter. I look forward to hearing from in the near future. Again, time is off the essence. Respectfully, (Name)