Estom Yumeka Maidu Tribe of the Enterprise Rancheria Sues California for Failure to Negotiate

The Estom Yumeka Maidu Tribe of the Enterprise Rancheria filed the complaint in the U.S. District Court for the Eastern District of California on Aug. 20, 2014. The action, brought under the Indian Gaming Regulatory Act, seeks to compel the state to finalize an agreement that would allow the tribe to operate a gaming facility and hotel.

According to the lawsuit, the tribe and California Gov. Edmund G. Brown Jr. successfully negotiated and signed a gaming compact on Aug. 30, 2012. However, the California Legislature failed to ratify the agreement or propose any modifications to the negotiating parties for nearly two years. Because of the Legislature's inaction, the negotiated compact expired on its July 1, 2014, deadline.

The tribe plans to develop the casino resort on 40 acres of land in an unincorporated portion of Yuba County to promote tribal self-determination and economic self-sufficiency. The federal government officially took the parcel into trust on behalf of the tribe on May 15, 2013. The acquisition followed a determination by the Secretary of the Interior—which the governor concurred with—that the gaming establishment would be in the tribe's best interest and would not be detrimental to the surrounding community.

Through the lawsuit, the tribe is asking the federal court for several remedies, including:

• A declaration that the state failed to negotiate in good faith as required by federal law.
• An order forcing the state to conclude a gaming compact with the tribe within a 60-day period.
• The appointment of a mediator to select a compact if the state and tribe cannot reach an agreement within those 60 days.
• Intervention by the Secretary of the Interior to prescribe gaming procedures if the state ultimately fails to consent to the mediator's selected compact.