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Buena Vista Rancheria of Miwuk

A 2004 Tribal State Compact was ratified by the legislature and appears on the Compact page. This compact is being challenged by the County of Amador as not meeting the legal threshold of IGRA.

Feb. 28, 2012: Plymouth Meeting: For Immediate Release
2010.04.20 US Motion on Buena Vista.pdf
2010.07.12 MEMORANDUM OPINION.pdf
2010.07.09 Amador Emergency Motion.pdf
May 6, 2011: Amador County, CA v Sec. of the Interior Salazar: The DOI relied on the IGRA provision that states that if the Secretary does not approve or disapprove a submitted compact within 45 days, the compact shall be deemed approved. DOI argued that in such scenario, the compact is deemed approved by operation of law and there is no final agency to challenge. The judges, however, focused on the clause that immediately follows, which states that the compact shall be deemed approved, “but only to the extent the compact is consistent with the provisions of this Act.” The 3 Judges Ruled in Favor of Amador County! YEA!
Jan. 18, 2011: Interior Appellee Brief: Oral Arguments March 8, 2011: The U.S. position is- that even if a compact violated the terms of IGRA, the Department of Interior believed the compact deemed approved after the 45-day time period would be unreviewable. Deemed approved allowed the compact to go into effect as an operation of law.
Feb. 2, 2011: Amador County Reply Brief: If the D.C. Circuit holds that the expiration of the 45-day time period constitutes a “final agency action” subject to review by the courts, it will create an important precedent in IGRA case law.
Dec. 13, 2010: Amador County Reply Brief: The U.S. Court of Appeals for the D.C. Circuit heard oral arguments in Amador This case raises the issue of whether the Secretary of Interior’s inaction relating to a submitted tribe-state compact under IGRA is reviewable. The lower court held that the decision by the Secretary to take no action within the 45-day time period under IGRA does not constitute a “final agency action” under the APA.
October 18, 2010: Order dismissing claims against the State: No third party enforcement of the compact
July 13, 2010: Amador County Appeal
Feb. 2010: Friends of Amador County v Sec. Salazar: and Governor Arnold Schwarzenegger
July 2009: Request to withdraw NIGC Land Determination: Stand Up For California requests of the Secretary of the Interior and Asst. Secretary of the Bureau of Indian Affairs withdrawal of the 2005 NIGC land determination for Buena Vista Rancheria.
June 2009: Friends of Amador County to US EPA
May 2009: Administrative Appeal by Concerned Citizens: Related items include a history of the Rancheria lands and concise history of the Tribe.
Jan. 23,2009:Motion for Reconsideration: This motion specifically asks the Court to alter or amend its Order and memorandum Opinion on January 8, 2009(Judgment), by reversing its ruling and denying the federal defendants Motion to Dismiss.
2009: DC Court Dismisses: The Secretary's choice of whether to approve, disapprove, or take no action on an Indian gaming compact is a decision committed to the Secretary's discretion and IGRA precludes judicial review of the Secretary approval by inaction.
March 2008: Amador County vs. Dirk Kempthorne: A challenge to the legal status of the land for gaming under IGRA.
July 2007: Foothill Conservancy comment TEIR
Nov. 2005: Governor comment on TEIR
June 2005: Amador County comment Draft TEIR: Buena Vista has a 2004 Tribal State Compact, thus the Tribe is required to adhere to a CEQA like process Tribal Environmental Impact Report. TEIR
June 2005: NIGC Lands Determination
Feb. 2005: Amador County comment on Buena Vista
1926-1929 Response to FOIA: Correspondence between the Law Office of T. G. Negrich representing Mr. Louis Alpers and the Department of the Interior between 1926 through 1929 for the purchase of private property for two Indians. This established the U. S. lands held in fee named the Buena Vista Rancheria.
npdes.buenavista.7.5.11lettertoboard.pdf
npdes,buenavista.5.26.11.pdf
buenavista.dc.circuit..pdf
Motion for Stay of EPA NTP FINAL.pdf
BIA_DEIS_NOA_070111.pdf

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Buena Vista Rancheria of Miwuk

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Navigation Home About Us Reports Links Gaming Law Court Rulings Legislation Tribal Gaming Off Reservation Gaming Controversial Applications in Process Buena Vista Rancheria of Miwuk Federal Acknowledgement Gambling Industry News Local Government	Document Actions Buena Vista Rancheria of Miwuk Up one level A 2004 Tribal State Compact was ratified by the legislature and appears on the Compact page. This compact is being challenged by the County of Amador as not meeting the legal threshold of IGRA. Feb. 28, 2012: Plymouth Meeting For Immediate Release 2010.04.20 US Motion on Buena Vista.pdf 2010.07.12 MEMORANDUM OPINION.pdf 2010.07.09 Amador Emergency Motion.pdf May 6, 2011: Amador County, CA v Sec. of the Interior Salazar The DOI relied on the IGRA provision that states that if the Secretary does not approve or disapprove a submitted compact within 45 days, the compact shall be deemed approved. DOI argued that in such scenario, the compact is deemed approved by operation of law and there is no final agency to challenge. The judges, however, focused on the clause that immediately follows, which states that the compact shall be deemed approved, “but only to the extent the compact is consistent with the provisions of this Act.” The 3 Judges Ruled in Favor of Amador County! YEA! Jan. 18, 2011: Interior Appellee Brief Oral Arguments March 8, 2011: The U.S. position is- that even if a compact violated the terms of IGRA, the Department of Interior believed the compact deemed approved after the 45-day time period would be unreviewable. Deemed approved allowed the compact to go into effect as an operation of law. Feb. 2, 2011: Amador County Reply Brief If the D.C. Circuit holds that the expiration of the 45-day time period constitutes a “final agency action” subject to review by the courts, it will create an important precedent in IGRA case law. Dec. 13, 2010: Amador County Reply Brief The U.S. Court of Appeals for the D.C. Circuit heard oral arguments in Amador This case raises the issue of whether the Secretary of Interior’s inaction relating to a submitted tribe-state compact under IGRA is reviewable. The lower court held that the decision by the Secretary to take no action within the 45-day time period under IGRA does not constitute a “final agency action” under the APA. October 18, 2010: Order dismissing claims against the State No third party enforcement of the compact July 13, 2010: Amador County Appeal Feb. 2010: Friends of Amador County v Sec. Salazar and Governor Arnold Schwarzenegger July 2009: Request to withdraw NIGC Land Determination Stand Up For California requests of the Secretary of the Interior and Asst. Secretary of the Bureau of Indian Affairs withdrawal of the 2005 NIGC land determination for Buena Vista Rancheria. June 2009: Friends of Amador County to US EPA May 2009: Administrative Appeal by Concerned Citizens Related items include a history of the Rancheria lands and concise history of the Tribe. Jan. 23,2009:Motion for Reconsideration This motion specifically asks the Court to alter or amend its Order and memorandum Opinion on January 8, 2009(Judgment), by reversing its ruling and denying the federal defendants Motion to Dismiss. 2009: DC Court Dismisses The Secretary's choice of whether to approve, disapprove, or take no action on an Indian gaming compact is a decision committed to the Secretary's discretion and IGRA precludes judicial review of the Secretary approval by inaction. March 2008: Amador County vs. Dirk Kempthorne A challenge to the legal status of the land for gaming under IGRA. July 2007: Foothill Conservancy comment TEIR Nov. 2005: Governor comment on TEIR June 2005: Amador County comment Draft TEIR Buena Vista has a 2004 Tribal State Compact, thus the Tribe is required to adhere to a CEQA like process Tribal Environmental Impact Report. TEIR June 2005: NIGC Lands Determination Feb. 2005: Amador County comment on Buena Vista 1926-1929 Response to FOIA Correspondence between the Law Office of T. G. Negrich representing Mr. Louis Alpers and the Department of the Interior between 1926 through 1929 for the purchase of private property for two Indians. This established the U. S. lands held in fee named the Buena Vista Rancheria. npdes.buenavista.7.5.11lettertoboard.pdf npdes,buenavista.5.26.11.pdf buenavista.dc.circuit..pdf Motion for Stay of EPA NTP FINAL.pdf BIA_DEIS_NOA_070111.pdf
	Stand Up For California Cheryl Schmit - Director P.O. Box 355, Penryn, California 95663 PH: (916) 663-3207 • FAX: (916) 663-1415 e-mail