President Biden and Secretary Haaland Facilitated the Desecration of Patwin Homelands
In the final days of the Administration, the Department of the Interior approved the Scotts Valley Casino Project, granting the Scotts Valley Band of Pomo Indians the right to build an urban mega-casino on a cultural site considered sacred to local Patwin people.
The Department of the Interior approved a proposal by the Scotts Valley Band of Pomo Indians – from Clear Lake, nearly 100 miles away – that exploited a loophole in the Indian Gaming Regulatory Act (IGRA), benefiting rich Las Vegas investors. Local Patwin tribes, who have worked for generations to protect cultural and ecological resources in and around Vallejo, were cut out of the process, and will now be irreparably harmed.
Protect Tribal Homelands - Our Story
The Issue
No Historical Ties: Scotts Valley's Vallejo Claim Lacks Evidence
The Scotts Valley Band of Pomo Indians “reservation shopped,” using a loophole 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.
There is no evidence of any Scotts Valley villages, burial sites, or tribal lands in or near Vallejo. Clear Lake is where Scotts Valley’s Pomo people lived. Clear Lake is where Scotts Valley’s ancestors first met with representatives of the United States. Clear Lake is where the United States set aside reservation lands for Scotts Valley’s use.
Scotts Valley has admitted, under penalty of perjury, that its homelands are in Clear Lake, while Vallejo is Patwin territory. However, the Department of the Interior has approved Scotts Valley’s Vallejo land grab. This approval has set a dangerous precedent, rewarding tribes for “reservation shopping” far from their ancestral territories while penalizing tribes who have followed the law and played by the rules since IGRA’s enactment.
True Heritage
The Northeast Bay Area Is The Ancestral Land Of The Patwin People
Although Patwin lands were taken by waves of Spanish, Mexican, and American 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 to protect open space and restore native habitats in Vallejo and its surroundings. They helped create and continue to fund the Mobile Food Pharmacy, an award-winning program that delivers fresh fruits and vegetables. This program has distributed more than 2,400,000 pounds of healthy food based on 16,000 “food prescriptions” to needy Solano County residents. Yocha Dehe also helped create the Vallejo First 5 Center, funding its operations and programs for families in crisis. All services and programs are free to participants. This Center has served 2,063 families and 7,915 individuals in Solano County since 2018 alone, free of cost.
The Patwin people continue to steward their ancestral lands and care for the people who live there, Native and non-Native alike. That deep connection should be honored and protected; instead, the Department of the Interior has undermined.
timeline
A History of Rejection
The Department of the Interior has determined on three separate occasions 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.
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
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
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.
A Flawed Process
Secretive Land Grab: No Notice, No Local Input
The Department of the Interior has been working secretly to fast-track Scotts Valley’s request for a “restored lands” decision, excluding affected tribes, local governments, and the public at large from the process.
Local Patwin tribes have repeatedly requested that the Bureau of Indian Affairs establish a fair, transparent, and fact-based review process. So have other tribal governments. Ignoring those requests, the Department of the Interior secretively directed its Pacific Regional Office to process Scotts Valley’s application. Since then, they have rejected requests to disclose Scotts Valley’s application materials to the public and have refused to comply with its obligation to release the documents pursuant to the Freedom of Information Act. What is the Department of the Interior afraid of?
A Flawed Process
Secretive Land Grab: No Notice, No Local Input
The Department of the Interior worked secretly to fast-track Scotts Valley’s request for a “restored lands” decision, excluding affected tribes, local governments, and the public at large from the process.
Local Patwin tribes have repeatedly requested that the Bureau of Indian Affairs establish a fair, transparent, and fact-based review process. So have other tribal governments. Ignoring those requests, the Department of the Interior secretively directed its Pacific Regional Office to process Scotts Valley’s application and has approved the project. They have rejected requests to disclose Scotts Valley’s application materials to the public and have refused to comply with its obligation to release the documents pursuant to the Freedom of Information Act. What was the Department of the Interior so afraid of?
A United Front
Numerous Tribes, Local Governments, Federal Elected Officials, State and Local Elected Officials, and NGOs Oppose Scotts Valley's Proposed Casino
A diverse coalition of tribes, local governments, elected officials, and NGOs stand united against the Scotts Valley casino proposal. This widespread resistance highlights the serious concerns about the project’s legitimacy and impact. The Department of the Interior has ignored these concerns and approved the project in the 11th hour.
