California Attorney General Kamala Harris and the local Coalition of Retailers have both appealed the decision by the Bureau of Indian Affairs placing 40 acres of land near the Porterville Airport into trust.

The United States Department of the Interior, Bureau of Indian Affairs approved the Tule River Indian Tribe’s application on Jan. 4.

Once into trust, the 40 acres of land is converted from private title to federal title and vested to the United States of America. The land is then placed under the control of the tribal government with the U.S. government acting as fiduciary. The land also becomes exempt from state and local government taxes and local land use regulations, something several local business owners feared due to potential unfair competition.

Now, however, the placing of that land into trust is in limbo as the appeal process moves forward.

According to Cheryl Schmit, director of Stand Up for California, the appeal goes to the Interior Board of the Bureau of Indian Affairs. No date has been set for the appeals to be heard. And, that board’s decision could be litigated.
“This could go on for a number of years,” said Schmit, calling the state’s appeal significant. “I’m really happy with his (Gov. Jerry Brown’s) position. He recognizes the impact that the fee of trust process has on the state,” she said.
However, tribal leaders said the appeals were expected and its all part of the process.

Tribal Chairperson Ryan Garfield said they can only “wait and see” what will happen.

Porterville City Councilman Greg Shelton also said the appeal by the state was expected.

Taha Saleh, a Porterville small market owner with the Coalition of Retailers, said “there were some steps that were skipped,” in the process of placing the land in trust that has been controversial since day one. He, Schmit and the state contend the process was flawed because the tribe has not stated how it will utilize the land.

Garfield said that is because at this time they don’t know what they will do with the land near the airport. Some uses mentioned for the land have ranged from a hotel/casino to a shopping center, but Garfield said nothing has been decided.
Also a controversy, is a Cooperation Agreement between the tribe and the city that the retailers and others contend was done in closed session, an illegal action by the council, they say. However, city officials say it was done properly and the agreement ensures the tribe will work with the city and state in developing the property. Without the agreement, the tribe has the right to develop the land any way it sees fit.

“We have nothing against them, but they have to adhere to same rules as everybody else, including charging taxes,” said Saleh.

Because it is a sovereign nation, the tribe does not have to collect state taxes on products it sells, an unfair advantage, charge the retailers.
“We want everybody to follow the same process,” said Khris Saleh with the retailers.

Schmit said the BIA did not follow its own rules in placing the land in trust without the Tule River Tribe submitting a detailed business plan.
“If they’re planning on placing gaming there, they have to state that in the application,” she said.

One option the tribe has should it lose the appeal or face long delays is to pull its application and re-file a new one with more details, including what it intends to do with the land, said Schmit.