Feinstein targets off-reservation casino

Tuesday, January 25, 2005  

Sen. Dianne Feinstein (D-California) introduced legislation on Monday to force a California tribe to obtain state and federal approval to conduct gaming in the Bay Area.

The Lytton Band of Pomo Indians is planning a Class III casino on 10 acres in the city of San Pablo. The tribe acquired the land through an act of Congress that backdated the acquisition to October 17, 1988.

The backdate was crucial because the Indian Gaming Regulatory Act requires extensive local and state consultation for acquisitions after that date. The tribe must go through a lengthy review process before conducting gaming on the land.

Feinstein's bill would not revoke trust status for the property. Instead, it would rescind the backdate and force the tribe to go through a two-part determination process that requires the Bureau of Indian Affairs and the state governor to approve the land for gaming. Only three tribes in the country have cleared this hurdle since 1988.

In a statement, [PDF] Feinstein said her bill "is designed to prevent the Lytton Band of Pomo Indians from short-circuiting the process laid out in the Indian Gaming Regulatory Act for gaming on newly acquired lands.”

Feinstein introduced an identical version of the bill last year. S.1648 was referred to the Senate Committee on Indian Affairs but a hearing was never held.

That may change under Sen. John McCain (R-Arizona), the new committee chairman. A spokesperson told the Associated Press he was planning a hearing on off-reservation gaming and Feinstein's concerns would be addressed.

Get the Story:
Sen. Feinstein renews opposition to Indian casino in San Pablo (AP 1/25)
Senator Feinstein Introduces Bill to Restore Oversight Process for San Pablo Casino Project (Feinsten 1/24)