from a duty both to the courts and to all those against hom the Government brings its considerable litigating

sources.

The litigating position adopted by the Attorney General on behalf of the United States may affect your Iministrative and policy-making functions. According

with respect to all litigation in which the Attorney General represents the United States in protecting Indian -operty rights secured by statutes or treaties, this

:partment would expect to receive-and would most carefully consider-the advice of your Department. possessing as it does the primary policy responsibility in dian matters.

Where there are other statutory obligations imposed on the Executive in a particular case aside from those Tecting Indians, faithful execution of the laws require 1: Attorney General to resolve these competing or overlapping interests to arrive at a single position of the United States. In arriving at a single position, however, : must also take into account the rule of construction

7/12/79

no firmly established that Congress' actions toward Indis are to be interpreted in light of the special relationshi; and special responsibilities of the government to" ard the Indians.

And, finally, the President's duty faithfully to execute exiting law does not preclude him from recommending legislative changes in fulfillment of his constitutional duty to propose to the Congress measures he believes necessary and expedient. These measures may—indeed must-be framed with the interest of the Nation as a whole in mind. In so doing, the President has the constitutional authority to call on either of us for our views on legislation to change existing law notwithstanding the duty to execute that law as it now stands.

I look forward to close cooperation between our two Departments in these matters.

Yours sincerely,

Griffin B. Bell Attorney General