Document Jrojajb0j60Kr7N9kxLqOpQ0O

000 OF AC044 411 Asir f a SKY crri OFFICE OF THE GOVERNOR 25 PINSBAARI DRIVE ACOMA, NM 87034 PO BOX 309 ACOMA, NM 87034 May 7, 2025 Charles P. Riley, Governor Loren Aragon, let Lt. Governor Ted Ortiz, 2nd Lt. Governor Ardell Concho, Tribal Secretary Norman F. Torivio, Tribal Interpreter PHONE: 505-552-6604 FAX: 505-552-7204 Secretary Sean P. Duffy Department of Transportation 1200 New Jersey Ave, SE Washington, DC 20590. Re: Your letter of April 24, 2025 Secretary Duffy, I serve as the Governor of the Pueblo of Acoma, a federally recognized tribal government. Thank you for your correspondence of April 24, 2025 reminding all who receive Department of Transportation funds regarding the Department's requirements. After reviewing your letter, I am very concerned that you assume federally recognized tribes are "racial" and programs to assist federally recognized tribal governments could constitute illegal racial discrimination. That assumption is clearly wrong and certainly inaccurate. Whether there is any scientific basis for dividing peoples into "races" is questionable. However, with Indian tribes this type of categorization has been extremely detrimental and discriminatory, as it was generally used historically as a basis for denying Tribes and their respective citizens federal rights and benefits. Acoma, as with most tribes, include all of the alleged races because tribal citizenship is not dependent on a racial category. There are several individuals who may be identified as "indigenous" or "native American", but many are not citizens of a federally recognized Indian tribe. It is critical to truthfully characterize federally recognized Indian tribes as governments. The foundation for providing funding and services to federally recognized tribal governments is explicit in the trust responsibility of the federal government. By taking away our full sovereign status in international relations, the United States affirmatively took on the responsibility of protecting and recognizing our remaining governmental status. Our request is straightforward. We ask that you explicitly state in Department of Transportation policy and practice that providing programs and grants to federally recognized Indian tribes is not in any form or fashion discrimination on the basis of race in violation of the 511 Amendment to the United States Constitution. Understand that our position is firm and clear: DOT programs must be fully implemented as part of the enduring trust responsibility of the federal government to federally recognized tribal governments. We OST-2025-1200 Page 01968 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0027849 respectfully ask that you adhere to this well established, historical principle and follow the lead of other Department Secretaries. I have attached the statement of the United States Department of Agriculture for your consideration. Respectfully submitted, PUEBLO OF ACOMA Charles P. Riley Governor Attachment: USDA Secretary's Memorandum 1078-010 cc: Secretary of the Interior Burgum Senator Martin Heinrich Senator Ben Ray Lujan Representative Gabe Vasquez Representative Teresa Leger Fernandez Representative Melanie Stansbury Greg Smith, D.C. Counsel Chestnut Law Offices, P.A. General Legal Counsel OST-2025-1200 Page 01969 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0027850