Federal oversight of the Scotts Valley Band of Pomo Indians’ proposed casino in Vallejo has entered a new phase, as the U.S. Department of the Interior moves forward with a full review of its January gaming eligibility decision. The agency advised the tribe in a Dec. 3 letter that the prior approval “may have been based on ‘legal error,’” prompting renewed uncertainty for the $700 million project planned for a 160-acre site near the intersection of Interstate 80 and Highway 37.

The tribe aims to develop an around-the-clock casino, 24 single-family homes, a parking structure, a tribal administration building, and a 45-acre biological preserve. While the land is already held in trust for the tribe, the Department’s review concerns whether the property meets federal criteria for gaming under restored-lands provisions.

Interior officials said evidence submitted earlier this year “raises questions” about the tribe’s historical and temporal ties to the site. The letter also states that Scotts Valley “would be ill-served” by relying on the existing eligibility determination while the agency completes its reconsideration.

Scott Valley Tribal Chairman Shawn Davis said in a statement quoted by The Press Democrat that the notice affirms the tribe’s longstanding request for a fair process. “Today’s acknowledgment by the Department affirms what the Scotts Valley Band has consistently sought: due process grounded in transparency, respect, and the rule of law,” Davis said. “We are confident that a fair process will uphold our gaming eligibility because the law and facts are squarely on our side.”

Competing Tribes Respond as Court Actions Advance

Three rival tribes — the Lytton Rancheria, the United Auburn Indian Community, and the Yocha Dehe Wintun Nation — have ongoing lawsuits seeking to overturn the federal decision placing the land into trust and confirming gaming eligibility. On Friday, Scotts Valley filed motions in each federal case seeking dismissal and moved to intervene for the limited purpose of doing so. The filings argue that because the challenges target the tribe’s trust land and its restored-lands status, federal law requires the tribe’s participation. Scotts Valley maintains it cannot be joined due to sovereign immunity, and under Supreme Court precedent, the cases must therefore be dismissed.

“These lawsuits attempt to derail the Tribe’s long-awaited opportunity for economic self-sufficiency,” Davis said. “Scotts Valley will vigorously defend its rights, its future, and its sovereignty. We won’t be bullied by competitors who put their profits over what’s right.”

Attorney Patrick R. Bergin described the filings as a significant step for the tribe. “Scotts Valley is taking the strongest step available to a sovereign Indian tribe to protect its land and its future,” Bergin said.

Yocha Dehe Chairman Anthony Roberts, however, dismissed the tribe’s legal strategy, calling the filings “Scotts Valley’s latest attempt to distract from the truth.” Roberts said, “The Pomo tribe is not a party in any of these cases, and we are confident that the court will find their filings meritless.”

Historical Ties at the Center of the Dispute

A primary point of contention involves Scotts Valley’s claim that one of its ancestors, Chief Shuk Augustine, lived in the Vallejo area. Local Patwin tribes assert this is historically inaccurate. Roberts reiterated his objections earlier this year, saying, “Let me be clear. Augustine never lived in Vallejo and never used or occupied lands here. He had no ties to this land and the surrounding counties. Scotts Valley’s claims about Augustine are simply false. Factually incorrect.”

He added that hearing those claims is “insulting and hurtful” to descendants of those who traditionally lived in the region. Patwin tribes have argued that the federal government overlooked their evidence in the January approval.

The Interior Department has previously ruled three times that Scotts Valley did not meet requirements for demonstrating a significant historical connection to the proposed gaming site. In March, the Department initiated the current reconsideration, citing concerns that relevant evidence from local tribes and other parties had not been properly evaluated.

Court Ruling Allows Review to Proceed

Scotts Valley attempted to halt the reconsideration in federal court, but Judge Trevor McFadden rejected that effort on Oct. 30. The ruling held that the agency retains full authority to reconsider or revoke the gaming determination after providing due process. McFadden also criticized the Department for not notifying the tribe before temporarily rescinding eligibility, but noted that the error does not restrict the ongoing review. “The Court’s remedy does not bar Interior from continuing its reconsideration, nor does it stop the Department from revoking the Band’s gaming eligibility at the end of that process,” McFadden wrote.

Interior’s latest letter invites the tribe to meet by Jan. 30 and to submit additional evidence supporting its position. The Department committed to sharing materials submitted by other parties during the review. Despite the heightened scrutiny, Scotts Valley says it intends to continue planning activities on the trust land. “Scotts Valley remains fully committed to developing opportunities on its trust land that will bring jobs, economic growth, and community investment to the City of Vallejo,” Davis said.