How to resolve AdBlock issue? The news was communicated to Scotts Valley and several tribes opposing its casino plan in a letter from the Department of Interior this week.
The Department of the Interior under the Biden Administration approved the fee-to-trust proposal for Scotts Valley’s project at the start of January, over the objections of tribes and other community leaders and residents in and around Vallejo.
Scotts Valley, based near Lakeport, proposes to build a $700 million, 400,000-square-foot mega casino complex, along with 24 homes and an administrative building, on a 128-acre site near I-80 and Highway 37.
The Yocha Dehe Wintun Nation said the site is on its ancestral land, and that the development will destroy important cultural sites, including a quarry.
On Monday, the Yocha Dehe, which owns Cache Creek Casino in Yolo County, and the Kletsel Dehe Band of Wintun Indians, a nongaming tribe based in Colusa County, filed a lawsuit challenging the Department of the Interior’s casino decision, as Lake County News has reported.
In response, Scotts Valley said the litigation is unmerited and called it an “anti-competitive lawsuit.”
In a letter to Scotts Valley Tribal Chairman Shawn Davis dated March 27, Scott Davis, senior advisor to new Secretary of the Interior Doug Burgum, explained that on Jan. 10, then-Principal Deputy Assistant Secretary - Indian Affairs Wizipan Garriot issued a decision to take the 160.33-acre parcel in the city of Vallejo in trust for gaming purposes for the Scotts Valley Band.
Scott Davis’ letter explained that the decision included two determinations — one that found that the site was eligible for gaming under the restored lands exception of the Indian Gaming Regulatory Act and the Department of the Interior's gaming eligibility determination regulations, and the second, that the site may be taken into trust pursuant to the Indian Reorganization Act
and the agency’s trust determination.
“The Gaming Eligibility Determination replaces a 2019 Indian Lands Opinion that was remanded to the Department on September 30, 2022,” Scott Davis said in his letter, referencing the outcome of a federal lawsuit Scotts Valley had filed against the Department of Interior.
Davis’ letter continued, “This letter is to inform you that, while the Trust Determination still stands and the Vallejo Site remains in trust, the Department is temporarily rescinding the Gaming Eligibility Determination for reconsideration.'”
That action, Davis said, is taken pursuant to law that gives the secretary of the Interior “broad authority to review and reconsider any decision of the Department.”
In this case, “The Secretary is concerned that the Department did not consider additional evidence submitted after the 2022 Remand. During the pendency of this reconsideration, neither the Tribe nor any other entity or person should rely on the Gaming Eligibility Determination,” Davis said.
The tribes that sued the Department of the Interior over the Vallejo casino project greeted the decision with optimism.
“For more than a year, we have requested that the Department of the Interior establish a fair, transparent, fact-based decision-making process in which all tribes can participate on equal footing,” said Yocha Dehe Chairman Anthony Roberts. “It’s hard to know why the Biden Administration refused to follow these basic principles, but we’re glad the incoming Administration is committed to getting it right. This is about more than just a single project. It is about ensuring all tribal voices are honored and heard.”
Roberts added, “Nothing is more important than our ancestral homelands, and to see them stripped away without consultation by the Biden Administration was extremely painful. We applaud Secretary Burgum for beginning the process to right that wrong, and we look forward to working with him to ensure our lands and cultural resources are protected for generations to come.”
Chairman Charlie Wright of the Kletsel Dehe Wintun Nation also lauded Interior’s decision.
“Kletsel Dehe is pleased that the Department of the Interior appears to be taking our concerns seriously, and we look forward to participating in a fair, transparent reconsideration process,” Wright said.
In response to the action, Scotts Valley Tribal Chairman Shawn Davis maintained, “The evidence supporting our tribe’s gaming approval under the restored lands exception is robust, well-documented, and consistent with prior rulings from the department and federal courts. It was the product of many years of thorough study and review. While we are disappointed in the arbitrary decision to reopen a review that already correctly granted our gaming rights, we know we will win on the merits. Our progress will continue towards the development of our homeland to the benefit of our members and our neighbors across Vallejo and Solano County.
Shawn Davis said Interior’s “unilateral reversal, based on the submission of materials by a competitor tribe, disrespects the sovereignty of the Scotts Valley Band and is inconsistent with law and appropriate process. It is unconscionable to reopen a final determination based solely on the objections of a competitor, especially considering they just repackage previously considered and rejected arguments. The greed of the Yocha Dehe Wintun Nation is disgusting. Despite their billions of dollars, they aren’t satisfied. The Scotts Valley Band will not be bullied, and we won’t back down.”
He added, “Scotts Valley’s restoration, federal recognition status, and demonstrated historical connection to the lands remain unchanged. Our tribe and the city of Vallejo have long been underdogs, and we are unimpeded in working together for a brighter future for all residents.
The Department of Interior invited the tribes and other interested parties to submit evidence and/or legal analysis regarding whether the Vallejo site qualifies as restored lands under federal laws.
To ensure that they have all of the relevant materials, they ask that any documents submitted after the September 2022 remand related to the federal course decision should resubmit them by providing them to the director of the Office of Indian Gaming, at 1849 C. Street NW, MS-3543, Washington, DC 20240, or at
The deadline for submissions is Friday, May 30.
For more information on the opposition to the project visit www.protecttribalhomelands.com.
To learn more about the studies conducted and the proposed project from Scotts Valley’s perspective, visit https://www.scottsvalleycasinoea.com/.
Email Elizabeth Larson at
2025.03.27 DOI Letter Re Reconsideration of Scotts Valley Jan. 10th Decision by LakeCoNews on Scribd
