Department of the Interior Reevaluates Approval for Vallejo Casino Amid Tribal Lawsuits

The reconsideration comes in a letter dated Wednesday, and sent in the same week that the United Auburn Indian Community, the Yocha Dehe Wintun Nation and the Kletsel Dehe Wintun Nation — a gaming and a non-gaming tribe respectively — filed lawsuits seeking to overturn the U.S. Department of the Interior’s approval of the project.

The Wednesday letter was sent from Scott J. Davis, Senior Advisor to the Secretary of the Interior, letting parties know 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.”

The action is taken pursuant to 43 C.F.R. § 4.5, which provides the Secretary of the Interior with broad authority to review and reconsider any decision of the Department. The letter states, “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.”

The proposed 400,000-square foot casino project includes the construction of 24 single-family residences, a tribal administration building, parking garage and a 45-acre biological preserve area on a 160-acre property located within and adjacent to the city boundary in Solano County, near the intersection of Interstate 80 and Highway 37. The casino facility, at a cost of $700 million, would be open 24 hours a day, seven days a week.

The United Auburn Indian Community, which owns and operates Thunder Valley Casino Resort, contends that the U.S. Department of the Interior’s approval in January was rushed and politically motivated, occurring just days before the end of the Biden administration. The lawsuit further asserts that the department failed to properly consult with impacted tribal governments, a clear violation of long-standing federal policy.

Yocha Dehe Chairman Anthony Roberts was pleased that the Department of Interior was temporarily rescinding the Gaming Eligibility Determination for reconsideration.

The land will aim to serve as the cornerstone of the Tribe’s efforts to enhance economic self-sufficiency and foster community benefits. The development is projected to create thousands of jobs in construction and ongoing operations, paying hundreds of millions of dollars in wages.

“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 Roberts on Friday. “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.

“Nothing is more important than our ancestral homelands, and to see them stripped away without consultation by the Biden administration was extremely painful.”

Chairman Charlie Wright of the Kletsel Dehe Wintun Nation was also happy. “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.

On Friday afternoon, Chairman Shawn Davis of the Scotts Valley Band of Pomo Indians issued a statement regarding the Department of Interior’s reopening and review of the gaming determination it previously approved for the Scotts Valley Band of Pomo Indians.

“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,” Shawn Davis said. “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.

“The Department’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,” Shawn Davis continued. “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 leadership at 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.”