Department of Interior Board Dismisses County Appeal

Sunday, 29 October 2006 23:31

Department of Interior Board Dismisses County Appeal

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In a press release dated October 27th the Ione Band of Miwok Indians is reporting that the United States Department of the Interior has dismissed an appeal by Amador County regarding the recent lands determination and legal opinion given by members of the that Department. Amador County challenged the land determination decision back on October 18th. The Land Determination decision declared that the Ione tribe is a Restored tribe and that the lands the tribe proposes to build a casino on in Plymouth are restored tribal lands. This has major implications for the tribe’s gaming endeavors on the 228 acre property as restored tribes and lands have a different more lenient process for approval of their gaming establishments through the National Indian Gaming Commission.

The County’s appeal sought a reversal of the Department’s determination which was based on a short legal opinion by an Associate Solicitor for the Dep’t., Carl J Artman dated September 19th. That legal opinion was then cited by Deputy Secretary of the Interior James Cason in a correspondence to the Ione Band granting the land determination. The appeal dismissal states that the Board of Appeals for the Department of the Interior has no jurisdiction over this matter because the Board has no authority to review a determination by the Associate Deputy Secretary of the Interior, in this case James Cason. The dismissal makes no mention of an appeal to this matter made by the California State Governor’s Office, although the Secretary for Legal Affairs for the Governor, Andrea Hoch, is cc’d on the memo.