Of all the development projects being discussed for Amador County, the proposed Buenavue casino in Ione on Coal Mine Road is one that has created a good deal of confusion and controversy. Issues of Native American lineage, corporate involvement, citizen activism, and numerous court challenges have been in the mix for a long time.
When first made aware of a new casino there some years ago, I heard it characterized as a bogus effort by one or a few people who weren’t really Indians trying to build on land that wasn’t even a reservation. I confess to have held on to that impression ever since. Perhaps I had also read about it back in 2002 in an article in the New York Times. I have no interest in going to casinos, but appreciate that the Jackson Rancheria employs many people in the county, and laud them for their tremendous help during the Butte fire last year. I write this to hopefully provide needed clarity.
A recent piece in the Ledger Dispatch contained much information that attempted to explain all of the issues and the players involved. The subject is so complex that, in my opinion, the attempt ended up creating more questions. And in trying to sort it all out, the names of the various tribes got mixed up. Actually, the Buena Vista Rancheria of Me-wuk Indians is trying to develop the Buenavue casino, not the Mewuks. The Jackson Rancheria Band of Miwok Indians operate the Jackson Rancheria, not the Me-wuks.
The article seemed to give the impression that Amador County will ultimately prevail in its effort to block the casino, calling the March 16 summary judgement from a U.S. District Court “a temporary setback”. Central to the effort has to do with whether the site involved is in reality “Indian land”.
“The Buena Vista Rancheria of Me-Wuk Indians of California is a federally recognized tribe of Miwok in Amador County, California. The Buena Vista Miwok are Sierra Miwok, an indigenous people of California. The tribe conducts business from Sacramento, California. The tribe is led by an elected council. The current tribal chairperson is Rhonda Morningstar Pope.
“The Buena Vista Rancheria is [a] 67 acres (0.27 km2) parcel of land, located just outside the census-designated place of Buena Vista. The land once belonged to the Oliver family and was purchased by the federal government to establish an Indian rancheria in 1927.
“The rancheria was unilaterally terminated by Congress, along with 42 other rancherias, under the California Rancheria Act of 1958. In 1970, President Richard Nixon declared the Rancheria Act a failure. The Buena Vista Rancheria tribe joined 16 other native California tribes in a class action lawsuit, Hardwick v. United States to restore their sovereignty, and in 1987, the tribes won their lawsuit. On 22 December 1983 the Buena Vista Rancheria tribe ratified its constitution. The tribe has been federally recognized since 1985.”
“In 1987, the Buena Vista Tribe entered into another Hardwick Stipulation for Entry of Judgment, specific to the Tribe and Amador County. The 1987 Buena Vista Stipulation provides in pertinent part that:
The original boundaries of the plaintiff Rancheria … are hereby restored, and all land within these restored boundaries of the [Buena Vista Rancheria] is declared to be ‘Indian Country.’
“The plaintiff Rancheria shall be treated by the County of Amador and the United States of America, as any other federally recognized Indian Reservation, and all the laws of the United States that pertain to federally recognized Indian Tribes shall apply to plaintiff Rancheria and the Plaintiffs.
“In a letter dated June 30, 2005, the National Indian Gaming Commission wrote:
‘Hardwick, Stipulation and Order, Dec. 22, 1983. The effect of the judgments was that all lands within the Rancheria boundaries, as they existed immediately prior to the illegal termination, were declared to be “Indian Country” as defined by 18 U.S.C. 1151. Amador County expressly agreed to treat the Rancheria like any other federally recognized Indian reservation. Thus, the Rancheria consists entirely of the original reservation land base of approximately 67.5 acres.”
From the above, it seems clear that the issue of whether the site of the proposed casino is Indian land has been long settled. Perhaps that explains why the summary judgement was handed down last month. Why go through the time and expense of a trial when the outcome is obvious?
Anyone interested in reading more about the history of the Me-wuks in Upusani (Buena Vista) can refer to this and this. I found that this collection of letters from Mr. Glen Villa Jr. of Ione, a casino opponent of Miwok ancestry with cultural and historical ties to the Buena Vista Rancheria, to be very interesting. Also, this from Stand Up California, a casino opponent who incorrectly call the tribe Mewuks.
From all appearances, the Buenavue is more than a idea, with Warner Hospitality actively involved. In the early 2000s, the Cascade Entertainment Group, with their initial $10 million investment in the “Flying Cloud” casino, seemed to be in the driver’s seat. But they had relied on the tribal status of Donnamarie Potts, which proved to be a mistake. Lineage issues have since been sorted out, along with a more complete picture of the history of the tribe. Attempts by opponents such as Friends of Amador County to define differently the lineage have failed. And now the county’s attempt has been dismissed with the summary judgement.
The prospect of another casino in Amador county is controversial, and sparks emotions. All across the state and country, Indian casinos, like them or not, have become a fact of life. There are currently 486 gaming operations connected to 486 tribes in 28 states. As in most other business endeavors, market saturation will undoubtedly become a factor. Apparently we are not there yet, as evidenced by Warner Hospitality’s interest.
D. Norman
Donnamarie Potts and Rhonda Pope are part of the same class of people defined in Tillie Hardwick. Their clash was a diversion from the elders who are the first generation of the Oliver's not to be buried in the Christian Miwok cemetery at the address where the casino is planned. Coincidence? I don't think so.
ReplyDelete