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May 12, 2008: Asst. Sec. of the Interior to Congressman Duncan Hunter

We understand that the Dehesa Community is very unhappy with what it is calling the "bait and switch" tactic employed by the Tribe. Although we understand the Community's concern, once land is taken into trust, the Department is not authorized to reconsider its decision because land cannot be taken out of trust without Congressional authorization. In addition, current land acquisition regulations in 25 CFR Part 151 do not authorize the Department to impose restrictions on a Tribe's future use ofland which has been taken into trust. See City of Lincoln, Oregon v. Portland Area Director, 33 IBfA 102 (1999).

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