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Sens. McCain, Dorgan, and Inouye, p. 7 February 1,2005

The Commission is at great pains, however, to protect those rights when voluntary, coopera- tive action ceases and I bring a formal enforcement action. The parties are then entitled to complete review before the fill1 Commission under the Administrative Procedures Act, and they are entitled to subsequent juhcial review in District Court if they are s d aggneved. 25 U.S.C. gs 2713(a)(2), (3); 27131$)(2);2713(c).

Given, then, the advisory nature of the Commission's contract reviews, and gven the full panoply of a h s t r a t i v e and juhcial review avadable to agpeved parties, the statutory and due process rights of the tribes and of their contractors are not infringed in any way.

In conclusion, I hope that o w explanation provides you with a more complete understand- ing of our reasons for addres:sing the sole proprietary intenst issue in the manner that we have. I would be most pleasedl to meet with you personally to discuss this matter further, or any other matter of concern to the Committee. I thank you for your time, interest, and con- cern.

Sincerely,

/s/ Philip N. Hogen

Phihp N. Hogen Chairman

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