Indian Gaming

The Bureau of Indian Affairs has once again approved a gaming land-into-trust application for the Mechoopda Tribe of California.

The tribe was terminated by Congress in 1967 and was restored to federal recognition in 1992. As a restored tribe, the BIA determined that a 626-acre site qualifies for gaming under Section 20 of the Indian Gaming Regulatory Act.

"In 1992, the tribe was 'restored to federal recognition,'" Assistant Secretary Kevin Washburn, the head of the BIA, said in a letter to Chairman Dennis Ramirez. "Since that time, the tribe has purchased lands near its former historical territory and former rancheria in Chico, California, and has submitted a fee-to-trust application to the United States."

The tribe demonstrated historical and modern connections to the land, Washburn said. And the site was acquired within 10 years of being restored to recognition.

"Accordingly, the lands will be eligible for gaming as 'restored lands' under IGRA," Washburn wrote.

On a second issue, the BIA said the tribe can follow the land-into-trust process under the Indian Reorganization Act. Following a court case in July 2010, officials in California argued that the U.S. Supreme Court decision in Carcieri v. Salazar barred the acquisition.

The decision restricts the land-into-trust process to tribes that were "under federal jurisdiction" at the time the IRA became law in 1934. The BIA cited treaty negotiations, enrollment of Mechoopda children in Indian schools, census efforts of tribal members and land acquisitions prior to and including 1934 as evidence of the tribe's status.

"These facts demonstrate to use that the Mechoopda Tribe's 'under federal jurisdiction' status remained intact in 1934," Washburn wrote.

Despite the new analysis, the BIA's decision is likely to lead to more litigation. Just last week, the 9th Circuit Court of Appeals ruled that another California tribe can't pursue a casino due to Carcieri.

And Mechoopda leaders aren't sure they will be able to open a casino even if the land goes in trust. The tribe ran out of money to pursue the project last summer due to years of litigation.

"A casino is not off the table and not on the table," Chairman Ramirez told The Chico Enterprise-Record.

“The Mechoopda Tribe has pursued this initiative for more than a decade,” Washburn said in a press release. “The acquisition of the land into trust for the purpose of establishing a class III gaming establishment will result in substantial financial benefits to the Tribe and help stimulate economic development.”

Get the Story:
Feds again back tribe's claim to land; plans for casino 10 miles from Chico uncertain (The Chico Enterprise-Record 1/25)

DC Circuit Decision:
Butte County v. Hogen (July 13, 2010)

9th Circuit Decision:
Big Lagoon Rancheria v. California (January 21, 2014)

Related Stories:
)Big Lagoon Rancheria dealt another blow in gaming quest (1/23)
Mechoopda Tribe lacks funding to continue with casino plan (6/13