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California Casino's Legality Undecided19 September 2002CALIFORNIA – As reported by the North Bay Press-Democrat: "Although state officials were silent this weekend as the Dry Creek band of Pomo Indians opened Sonoma County's first casino, Attorney General Bill Lockyer has yet to determine whether the tribe's land is eligible for gaming under federal and state law. "…In June, Lockyer said the 75-acre Dry Creek Rancheria appeared not to be a reservation in the legal sense, and therefore it might not qualify for the Las Vegas-style operation planned by the tribe. "…Lockyer's position would have invalidated the Dry Creek Pomos' state gaming permit, and could have similarly affected dozens of other rancherias statewide, according to experts in Indian law. However, following a barrage of criticism from Indian tribes and gambling interests, the attorney general quickly composed a second letter stating that he needed to rethink his opinion because of concerns about its `practical statewide impact.' "Since then, Thompson has received word from Neil McCaleb, the Bush administration's secretary of Indian affairs, that he regards the Dry Creek Rancheria as a reservation fully entitled to gaming under federal law, Thompson's spokeswoman Cheryl Diehm said. "…The attorney general's opinion hinged on the title of the Dry Creek Rancheria. He tentatively agreed with county officials and a group of Alexander Valley residents who argued that the federal government has a traditional title to the rancheria rather than holding the land `in trust' for the tribe, as required for gaming permits under federal and state law…" |