Governor Gavin Newsom has joined local municipalities and other tribes within the state to oppose two proposed casino projects by northern California’s Native American tribes. The planned projects from Sonoma County’s Koi Nation and Solano County’s Pomo Indian Scotts Valley Band have stirred much discussion. This conversation revolves around tribal independence, rights, and economic growth; thus, both tribes believe that building their casinos will support their self-rule and create valuable economic opportunities.

However, their plans have faced resistance from nearby tribes and local communities as they are worried about environmental effects, ancestral lands, and the introduction of gaming in areas not typically intended for it. Newsom has stepped in as the proposals enter the environmental review stage, and the Governor is urging the Department of Interior (DOI) to halt both projects.

The Pomo Indian Scotts Valley Band planned to open a casino in Solano County after applying to place a 128-acre piece of land into a federal trust. But Yocha Dehe Wintun Nation, a neighboring tribe, and officials from Solano County have opposed this move. 

No Stake in the Property

The Yocha Dehe Wintun tribal nation argues that the land being considered for acquisition is part of their ancestral territory. This tribe also believes that the Scotts Valley Band, 100 miles away, has no rightful claim to it.

Anthony Roberts, Chairman of the Yocha Dehe Wintun community, expressed concern that the Bureau of Indian Affairs was rushing the environmental assessment without consulting local tribes or giving enough time for public participation. Notably, the public comment period for this controversial project ended after 45 days. Chairman Roberts commented:

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“Over the generations, our people have grown sadly used to federal decision-making undermining our way of life. However, we never expected it to come from one of our own or from a federal government that purports to respect tribal sovereignty and rights.”

Roberts added that the environmental assessment was deeply flawed, claiming that the responsible parties prepared it quickly and without transparency. Moreover, the Chairman said that the review lacked the indigenous knowledge that only their people could contribute.

A separate trust acquisition application for the Koi Nation’s proposed $600 million casino in Sonoma County is also encountering resistance from both the county and local tribes. In April, the Sonoma County Board of Commissioners passed a resolution opposing the Koi Nation’s casino project. This resolution raised concerns about the current zoning regulations on the land where the casino is planned. It cited support from five communities in the county.

Circumventing the Indian Gaming Regulatory Act

Governor Newsom contended that the new developments planned by Northern California’s Koi Nation and the Pomo Indian Scotts Valley Band targeted lands outside their ancestral territories. Consequently, the projects would push the exception of the restored land beyond what the law allows.

How Gov Newsom sees it, if the Department of the Interior proceeds with these proposals, it would bypass the Indian Gaming Regulatory Act (IGRA). This action would also overlook the concerns raised by tribal governments and local communities. The Governor’s Office wrote Assistant Secretary Bryan Newland a letter criticizing the DOI for not exploring reasonable alternative sites within the tribes’ Lake County homelands.

Federated Indians of Graton Rancheria Endorses the Governor’s Call 

Governor Newsom has received backing from the Federated Indians of Graton Rancheria, which operates Sonoma County’s Graton Resort & Casino. The group expressed gratitude for standing against casino proposals from the two rival tribes. They, too, emphasize that both projects are planned outside the tribes’ ancestral lands.

Greg Sarris, Federated Indians Chairman, whose tribe comprises Southern Pomo Indians and Coast Miwok, said in part:

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“The Federated Indians of Graton Rancheria appreciates Governor Newsom’s support in protecting tribal sovereignty. We have repeatedly explained to Interior that these projects will have devastating impacts on the rights and cultural resources of our tribe and others in whose ancestral territory these prospective projects are located.”

A Glance at the California Tribal Gaming Scene

In 1987, the United States Supreme Court judged that tribes could run casinos on their land without state control if the state did not ban gambling. This was in the California v. Cabazon Band of Mission Indians case.

But in 2000, California voters passed Proposition 1A, allowing tribes to run regulated gaming operations on their land. This proposition also ensures that revenue from Indian gaming is shared with tribes that do not have casinos to support essential services like healthcare and education. As a result, Viejas Casino opened its doors in June 2000. It was the first tribal casino in California to feature Las Vegas-style slot machines. Fast-forward over two decades; the Golden State has over 70 tribal casinos, more than 40 of them in Northern California.

Governor Newsom signed new gaming agreements with the Timbisha Shoshone Tribe and the Pomo Indian Elem Indian Colony from the Sulphur Bank Rancheria in early August. These agreements permit the Timbisha Shoshone Tribe to offer Class III gaming activities. Moreover, the Elem Indian Colony was approved to use 349 gaming machines.

Economic Stakes and Pending Approval

Both casino projects are major economic investments. The Scotts Valley Band is proposing a $700 million casino resort, and the Koi Nation project is worth upwards of $600 million, pending approval from the Department of the Interior. The federal government would take the land out of state control and give it sovereign status if it took the land into trust. This step is essential for the tribal casinos to move forward.

Interior Secretary Deb Haaland will ultimately decide on the proposals from the Koi Nation and the Scotts Valley Band of Pomo Indians. The DOI will consider Newsom’s objections, but the final decision won’t reflect on the Governor’s inclination alone. Instead, the department will evaluate whether the tribes have genuine ancestral connections to the land in question. The two tribes assert that they do have these connections, but other communities in the area challenge their claims.