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Thursday, 09 November 2006 23:52

Board of Interior Dept. Now Rejects State Appeal Filed Over Land Determination Decision

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slide9In a press release dated October 27th the Ione Band of Miwok Indians reported that the United States Department of the Interior had 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. Now the tribe has announced that both additional appeals filed regarding that land determination have also been dismissed by the Board of Appeals for the Interior Department. 

slide10The appeals had been filed by the group NO Casino in Plymouth and the California State Governor’s Office. 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.

 

slide11The three appeals 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. This is the exact same reason that the county’s appeal was rejected as well. According to County Administrative Officer Pat Blacklock the county is continuing to weigh its options, in light of the land determination and subsequent appeal rejections.

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