Restored Tribe, Restored Indian Lands: The Latest Lawsuit from California

Last week, Amador County, California, sued to block the BIA determination that the Ione Band of Miwok Indians are a "restored" tribe with some 228 acres of restored Indian lands near the town of Plymouth. Why would the county get involved in a land determination?

Under IGRA, gaming generally is prohibited on newly acquired lands. There is an exception, though, for lands that are taken into trust as part of the restoration of lands for an Indian tribe that is restored to Federal recognition. Amador County wants to force the Ione Band to proceed under IGRA’s "best interests" exception instead of the restored lands exception. That’s a higher hurdle to clear to open a casino.

Under the "best interests" exception, the Secretary must determine that gaming on the newly acquired lands would be in the best interest of the tribe and its members, and would not be detrimental to the surrounding community. Further, the state's governor must concur in the Secretary's determination for the "best interests" exception to apply. The handful of other exceptions to the prohibition against gaming on newly acquired lands, including the restored lands exception, do not give the governor veto power over gaming. That's because the other exceptions are all tied to reservation lands, while the "best interests" exception is not.

Click here for the recent Sacramento Bee article.