The Federated Indians of Graton Rancheria (FIGR) tribe, which is federally recognized, filed a lawsuit last month in order to halt Koi Nation‘s plans of building Shiloh Resort and Casino. The suit is against members of the United States Department of Interior and Bureau of Indian Affairs.
Koi Nation introduced plans of a new casino more than three years ago. FIGR is arguing that the members of the Interior and Indian Affairs didn’t do enough due diligence in awarding Koi Nation the project.
There are already 41 Northern California casinos. FIGR is trying to prevent another one from being built.
FIGR alleges lack of communication from DOI
In a document obtained by PlayCA, FIGR says it maintains a close connection to its ancestors and cultural resources throughout the territory of Sonoma and Marin Counties.
Also, FIGR said that members of the Department of Interior and Bureau of Indian Affairs failed to communicate with the tribe. FIGR explained it as:
“In brief, the Federal Agencies failed to make a reasonable or good faith effort to consult with FIGR, failed to properly evaluate the presence of historic properties, including properties of traditional religious and cultural importance, located on the Project Site, and failed to establish in consultation with FIGR a valid Area of Potential Effects (“APE”) to search for and identify historic properties, including cultural resources.
“These fundamental inadequacies caused the Federal Agencies to wrongly conclude that no qualifying historic properties, including religious or cultural resources, were present and that, even if they were, they would not be adversely affected by the Project.”
FIGR claimed that members of the casino project rushed to get it done. On top of that, the casino would cause “irreparable harm to the Tribe.”
FIGR not included in artifact study
A lack of communication appears to be the theme of this lawsuit. FIGR has a section in the suit that’s labeled “The Failed Tribal Consultation Process.”
FIGR lays out a timeline of events that includes a series of alleged missteps from the Department of Interior and Indian Affairs.
The tribe learned of the casino project in July 2022. It also came to the conclusion that the Advisory Council on Historic Preservation (ACHP) had already conducted four studies involving artifacts on the land. FIGR said it did not consult with the tribe before completing the fieldwork:
“The Tribe stated that the Project is located within its ancestral territory, that religious and culturally significant resources are present, and that no further testing should be conducted without FIGR participation.”
ACHP proceeded to compete a fifth study, unbeknownst to FIGR.
FIGR had its own archeologist observe the land. In total, 45 cultural artifacts have been identified on the project site. That meets the threshold for an archaeological site.
What happens next?
This is likely the last roadblock for Koi Nation in its quest to build the Shiloh Resort and Casino. There is no timetable for a decision on FIGR’s complaint, though.
A ruling in favor of FIGR would ultimately stop the project in its tracks for further litigation. Should the Department of Interior and Bureau of Indian Affairs win, the casino will be on path for completion.
