Court strikes big blow against North Fork Rancheria casino bid

Tuesday, December 13, 2016

The North Fork Rancheria maintains an office in North Fork, California. Photo from Facebook

A convoluted ruling from an appeals court in California has dealt a significant blow to the long-delayed casino dreams of the North Fork Rancheria of Mono Indians.

After a lengthy review process, the tribe won federal and state approval to open an off-reservation casino in Madera County. But opponents, including a group called Stand Up for California, claimed that Gov. Jerry Brown (D) lacked authority to make such a decision.

The 5th District Court of Appeal agreed with that line of thinking on Monday. But the three judges who heard the case failed to deliver a clear resolution of the matter -- instead they issued three different opinions that addressed a wide range of topics, from land-into-trust applications to the state voter referendum process to Class III gaming compacts.

Still, the bottom line is negative for the tribe. Barring reversal by a higher court or a change in state law, the casino hangs in limbo after more than a decade of legal, political and regulatory battles.

The tribe has been pursuing the project under the two-part determination provisions of the Indian Gaming Regulatory Act. If the Bureau of Indian Affairs approves the casino, the law requires the state governor to grant what is commonly described as a "concurrence."

Brown did just that in August 2012 in the first decision of its kind in California. He also signed a Class III gaming compact with the tribe that the BIA allowed to go into effect.

But Stand Up for California, with the help of tribes with existing casinos, persuaded voters to reject the compact at the polls in November 2014. That helped convince the appeals court to rule that Brown was not acting within his scope of authority.

The tribe subsequently won approval from the BIA to offer Class III games after a federal judge determined that Brown was not negotiating in "good faith" as required by IGRA. A challenge to the land-into-trust application also resulted in victory for the tribe and the BIA.

The court ruling leaves the tribe in a position where it has trust land but cannot use it for Class III gaming despite complying with federal and state law. Appeals could go to the California Supreme Court or the U.S. Supreme Court.

Turtle Talk has posted documents from the case, Stand Up For California v. State of California.

Class III Gaming Procedures:
Bureau of Indian Affairs Letter | Secretarial Procedures | Mediator's Compact

Tribal Leader Opinions on H.R.5079, the California Compact Protection Act:
Maryann McGovran: Don't be fooled by efforts of 'wealthy' tribes (5/13)
Claudia Gonzales: Off-reservation gaming fuels attacks on tribes (5/13)

Bureau of Indian Affairs Documents for North Fork Rancheria:
Press Release | Fact Sheet | Section 20 Determination

Federal Register Notices:
Indian Gaming (October 22, 2013)
Land Acquisitions; North Fork Rancheria of Mono Indians of California (December 3, 2012)