California Governor Gavin Newsom and the state of California sued the federal government in early May over its decision to greenlight a massive tribal casino project in Sonoma County wine country, per a recent report. Additionally, this was after claiming federal officials flouted the law and undermined state sovereignty. In the suit filed in the Northern District of California, the state challenges the federal Department of the Interior’s approval for the Koi Nation of Northern California to build a sprawling gambling complex on the “Shiloh Site,” 68.6 acres of land adjacent to the town of Windsor. The planned development would include 2,750 slot machines, 105 table games, a 400-room hotel, and facilities capable of hosting more than 10,000 people.
In this article, SBS will be going over the latest gaming updates coming from California, along with some additional notes and thoughts regarding Golden State gaming.
Noted in the same report, the Indian Gaming Regulatory Act generally prohibits gaming on lands acquired after October 17, 1988, with certain exceptions. In approving the project, federal officials invoked the “restored lands” exception, with permits for gaming on newly acquired land that’s part of “the restoration of lands for an Indian tribe that is restored to Federal recognition.”
“This case is about respecting the history of tribal sovereigns, protecting communities from unchecked casino-style gaming, and preventing federal administrative overreach,” Newsom and the state say in their complaint. Additionally, the governor and state argue that by using this exception, Interior Department officials sidestepped crucial safeguards, including a “two-part determination” process that would have required consultation with local officials and the governor’s concurrence.
“The record on which Interior relied in its decision is insufficient to show that the acquisition of the Shiloh Site constitutes a ‘restoration’ of the Koi Nation’s tribal lands. Interior’s decision is therefore contrary to law, and otherwise arbitrary and capricious,” the plaintiffs say.
Additionally noted in the article, Newsom and the state take particular aim at the Interior Department’s finding that the Koi Nation had a “significant historical connection” to the Shiloh Site. Federal official cited evidence, including trade routes, census reports, and burial grounds, to justify their decision. However, Newsom and California say this evidence falls far short of establishing the kind of enduring tribal presence required under the law. “Trade is a transitory activity that necessarily involves other communities; it does not imply an enduring tribal presence comparable to the exercise of tribal sovereignty or control,” they write. “The presence of individual tribal ancestors, during the twentieth century, is not the same thing as the collective presence of the tribe itself.”
Moreover, the plaintiffs contrast the Koi Nation’s more tenuous connection to the Shiloh Site with its well-documented ties to its ancestral homeland around Clear Lake, approximately 30 miles away. This is where they say evidence shows “dense historic Indigenous habitation,” ancestral villages, and burial sites. “The lack of evidence in the record for the Koi Nation’s enduring, collective presence on the Shiloh Site stands in contrast to the extensive evidence that the Koi Nation itself has articulated its enduring, collective presence in its Clear Lake homeland,” the plaintiffs write.
Additionally, the state also challenges the Interior Department’s approach to filling gaps in the historical record. Federal officials stated they would resolve “perceived gaps or inconsistencies” in favor of the Koi Nation, citing legal precedent and Congressional intent. Newsom and California call this approach legally flawed, particularly since other local tribes – including the Dry Creek Rancheria Band of Pomo Indians and the Federated Indians of Graton Rancheria, which filed a similar lawsuit in February – oppose the casino project. The plaintiffs also claim the Interior Department’s decision undermines commitments made to California voters when they approved Proposition 1A in 2000, legalizing tribal gaming in the state, the report notes.
“California voters were promised that Tribes’ casino-style gaming would remain carefully limited geographically,” Newsom said, and the state said, suggesting federal action violates this understanding. Additionally, the plaintiffs argue that the decision forces unwanted obligations on the state to negotiate in good faith with the Koi Nation for a gaming compact. If these negotiations fail, California could gain regulatory authority over gambling at the site.
“By circumventing the two-part determination process, Interior has deprived the governor and the state of their rights to engage in consultation, to be protected by the Secretary’s determination that gaming would not be detrimental to surrounding communities within the State’s jurisdiction,” the report points out.
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