Tribal Concerns
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Broken Promises
Biden's Department of the Interior promised to treat all tribes fairly, to involve tribal citizens in federal decisions that may affect them, and to protect tribal homelands.
The Department broke all three promises. Its biased, secretive decision-making process favored the rich Las Vegas investors pushing for Scotts Valley’s proposed Vallejo casino. Local Patwin tribes, who have worked for generations to protect sensitive habitats and sacred sites in their ancestral Vallejo homeland, were cut out of the process by the very federal agency responsible for their protection.
The Department of the Interior shut out concerned stakeholders
A diverse coalition of tribal governments, including local Patwin tribes, repeatedly requested that the Department of the Interior establish a fair, transparent, and fact-based review of Scotts Valley’s request for a “restored lands” determination. Ignoring those requests, the Department secretively directed the Bureau of Indian Affairs to proceed with Scotts Valley’s application, excluded concerned tribal stakeholders from the decision-making process, summarily rejected Freedom of Information Act requests for Scotts Valley’s application materials, and finally approved the project in the final days of the Administration. In short, the Department excluded Patwin tribes from the decision-making process related to their own ancestral lands.
The Department Of The Interior Ignored Settled Law And Policy
The Department of the Interior has given away Patwin ancestral homelands to a Pomo tribe from more than 90 miles away, all for the benefit of wealthy Las Vegas casino investors.
The Department shut out local Patwin tribes, city and county governments, and the general public, despite numerous requests. There was no basis in law, policy, or common sense for this unprecedented secret land grab.
The Department of the Interior played favorites
Why did the Department of the Interior favor Scotts Valley over other California tribes? After all, the United States owes the same fiduciary duty to all tribal governments. No one knows for sure. But some say it’s because the Assistant Secretary for Indian Affairs was upset that his tenure at the agency at the time had yet to result in the approval of many high-profile tribal gaming projects. If true, that would be very disappointing. The Department of the Interior should exercise its authority to protect tribes in their homelands, not to advance one official’s personal agenda.
The Department of the Interior Cut corners on environmental reviews
The Department of the Interior worked in secret on an Environmental Assessment (“EA”) that rubber stamped the Scotts Valley project. The document was prepared by Scotts Valley’s paid contractors, without public notice or input from the City of Vallejo, Solano County, or interested tribal stakeholders – a clear violation of both federal law and the Department’s own policies.
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 latest attempt to build a casino ignored previous decisions and 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.
Key Facts
