The Biden Administration Ignored Legal Requirements and Broke Their Own Promises to Tribes

The Administration purported to “restore” Patwin ancestral lands to the Scotts Valley Band of Pomo Indians, an unrelated Pomo tribe from another part of California and lacking any ancestral connection to the area, to facilitate construction of a casino in Vallejo, CA that would benefit rich Las Vegas investors and harm the local community.

Local Patwin tribes, which have worked for generations to protect cultural and ecological resources in and around Vallejo, were cut out of the process, and will be irreparably harmed. President Trump and Secretary Burgum can reverse the harmful actions of former appointees and career politicians.

The Issue

No Historical Ties: Scotts Valley Abused The System

The Scotts Valley Band of Pomo Indians “reservation shopped,” using an exception in the Indian Gaming Regulatory Act that was meant to allow landless tribes to recover portions of their former reservations. But Scotts Valley is not landless – it owns property, maintains a government headquarters, and owns an energy company in its Clear Lake homeland, where most of its members live. Scotts Valley did not seek to recover its former reservation northwest of Clear Lake – instead, it has appropriated Patwin ancestral lands in the Bay Area, nearly 100 miles away.

Scotts Valley is a Pomo tribe from the northwest shore of Clear Lake, nearly 100 driving miles from Vallejo. Scotts Valley’s ancestral lands are at Clear Lake. In 1851, its ancestors signed a treaty with the United States at Clear Lake. Had the 1851 treaty been ratified by the United States Senate, it would have created a reservation for Scotts Valley’s ancestors at Clear Lake. Despite the Senate’s failure to ratify the treaty, in 1911 the United States did, in fact, create a reservation for Scotts Valley at Clear Lake. In 1965, Scotts Valley citizens voted to terminate that reservation, and in return they received property in fee simple at Clear Lake. In 1991, Scotts Valley was restored to federal recognition and established a government headquarters at Clear Lake. Today, Scotts Valley owns multiple properties at and around Clear Lake, including a parcel the Band describes as its “tribal lands.” Scotts Valley hosts tribal events and ceremonies at its Clear Lake tribal lands. The Band also owns multiple businesses headquartered at Clear Lake. Scotts Valley has sought and obtained state and federal funding for those businesses to support activities in and around Clear Lake.

Scotts Valley has admitted, under penalty of perjury, that its homelands are in Clear Lake, while Vallejo is Patwin territory.

However, in defiance of nearly a decade of local, national, and federal opposition, Biden’s Department of the Interior approved Scotts Valley’s Vallejo land grab. This blatant abuse of the system has set a dangerous precedent, rewarding tribes for “reservation shopping” far from their ancestral territories while penalizing tribes who have followed the established legal process and played by the rules since IGRA’s enactment.

Legal Challenges

Biden’s Department of the Interior colluded with Scotts Valley to fast-track their request for a “restored lands” decision, excluding affected tribes, local governments, and the public at large from the process.

Violation of the  National Environmental Policy Act (NEPA):

The environmental review was inadequate and relied on unlawful regulations.

Violation of the Indian Reorganization Act (IRA):

The DOI failed to properly consider mandatory factors in approving the land transfer.

Failure to Consult:

The DOI failed to properly consult with affected tribes and the public.

Rescission of Gaming Eligibility Determination:

Scotts Valley is challenging the DOI's efforts to right a wrong by reconsidering its January 2025 approval.

True Heritage

The Northeast Bay Area Is The Ancestral Land Of The Patwin People

For thousands of years, the Patwin people lived, worshipped, and worked to maintain an ecological balance in Vallejo and the surrounding areas of Solano County. Well-established and widely accepted historical evidence confirms that both the City of Vallejo and the larger Solano County contain numerous Patwin villages, burials, and sacred sites. The Yocha Dehe Wintun Nation, a Patwin tribe, is recognized as the most likely descendant of Native American remains found throughout Solano County—named after the esteemed Patwin leader, Chief Solano (Sem-Yeto). And the United States has repeatedly recognized Solano County as Patwin ancestral territory, in a variety of regulatory contexts.

Despite the loss of their lands to settlers, the Patwin connection to Vallejo and Solano County has been continuous and unwavering. Patwin tribes (including the Yocha Dehe Wintun Nation and the Kletsel Dehe Wintun Nation) hold a cultural easement from the City of Vallejo, allowing the tribes to preserve and protect their cultural resources along the shoreline of San Pablo Bay. They partner with local agencies on conservation efforts and have become a pillar of the community funding programs for families in crisis.

The Patwin people exemplify responsible stewardship and community partnership. Their enduring legacy deserves respect and recognition. Unfortunately, recent actions by the Biden Administration have disregarded this invaluable heritage.

TIMELINE

A History of Rejection

The Department of the Interior has determined on three separate occasions, including during President Trump’s first administration, that Scotts Valley lacks the significant historical connection to the Bay Area needed to acquire land eligible for gaming. Scotts Valley’s campaign to build a casino ignores previous decisions and has fabricated new facts to justify trampling on the rights of the area’s Patwin descendants. Trump’s Department of the Interior has the opportunity to reverse the prior administration’s decision.

1991

Scotts Valley Band of Pomo Indians is restored to federal recognition.

2005

After waiting for 14 years, Scotts Valley submits a Fee-to-Trust (FTT) application for land in Richmond, CA rather than its ancestral Pomo homelands in Clear Lake.

2012

2012 The Department of the Interior denies Scotts Valley’s FTT application for the Richmond site, citing a lack of historical connection to the area.

2015

Scotts Valley Tribe signs an agreement with a developer targeting gaming land in Napa, Solano, or Sonoma Counties.

2016

Scotts Valley Tribe requests a “Restored Lands” determination for a site in Vallejo, CA.

2017

Scotts Valley withdraws its request for a “Restored Lands” determination after being informed by the Department of the Interior that there is insufficient evidence to grant the request.

2019

Scotts Valley reinstates its request for a “Restored Lands” determination; the Department of the Interior formally denies the request, finding Scotts Valley lacks a significant historical connection to Vallejo. Scotts Valley files suit.

2020

Yocha Dehe Wintun Nation petitions to intervene in the litigation; the Department of the Interior claims intervention is unnecessary because the litigation will not result in any harm to Yocha Dehe’s interests. The United States further promises that Patwin tribes will be allowed full participation in any future proceedings.

2022

United States District Court for the District of Columbia rules that the case should be returned to The Department of the Interior for further consideration; Department of Justice describes the ruling as “clear error” yet fails to pursue an appeal.

2023

Scotts Valley matter remanded to the Department of the Interior for further decision-making; Yocha Dehe and other affected tribes request a fair, transparent, fact-based process allowing meaningful participation.

2024

Further requests for the Bureau of Indian Affairs to set a fair, transparent, and fact-based process allowing for meaningful participation by affected tribes and other stakeholder; Bureau of Indian Affairs refuses to respond.

Without notice to local Patwin tribes, other tribal and governmental stakeholders, or the public at large, Bureau of Indian Affairs orders Pacific Regional Office to process Scotts Valley’s request.

2025

On January 10, in the final days of the Biden Administration, the Department of the Interior issues a decision approving the Scotts Valley casino proposal. Wizipan Garriott, Principal Deputy Assistant Secretary and officiant of this decision resigns his post on January 11 and Gaming Director Paula Hart resigns on January 31.

On March 27, the Trump Administration issued a notice temporarily rescinding the January 10 decision for reconsideration, expressing concern that the Department did not consider additional evidence submitted after the 2022 Remand. The Department invited Scotts Valley and other interested parties to submit evidence and/or legal analysis addressing whether the proposed site qualifies as restored lands.

On April 1, Scotts Valley filed a lawsuit in the District Court for the District of Columbia seeking to prevent the Department from reconsidering the decision.

A United Front

Numerous Tribes, Local Governments, Federal Elected Officials, State and Local Elected Officials, and NGOs Oppose Scotts Valley’s Proposed Casino

A broad coalition of tribes, local governments, elected officials, and NGOs stand united against the Scotts Valley casino proposal. This widespread resistance highlights the deep concerns about the project’s legitimacy and impact. Biden’s Department of the Interior ignored these concerns and approved the project in the 11th hour.

Jan 10, 2025

Yocha Dehe Press Release on Project Decision

08/22/2024

Yocha Dehe Environmental Assessment Full Comment

08/16/2024