The Timbisha Shoshone Tribe of California has sued the Trump Administration because the tribe believes the administration is trying to slow-walk the tribe’s application for a casino in Ridgecrest for political motives.
The tribe filed the lawsuit in May. Its legal filings assert: “Because defendants’ failure to act was motivated in whole, or in part, by conditioning defendants’ decision on improper and undue political considerations which Congress has not intended it to consider, defendants’ actions were arbitrary, capricious, an abuse of discretion, and not in accordance with the law.”
The lawsuit names the newly-confirmed Secretary of the Interior David Benhardt and Associate Deputy Secretary Jim Cason. The tribes alleges that Cason told the tribe last year that its application to put land into trust was ready to go.
According to the complaint: “The Associate Deputy Secretary noted that the only remaining delay was based on political considerations that are not grounded in statute or department regulation.” It adds, “Specifically, the Associate Deputy Secretary said that he did not plan to approve the application until he heard from Congressman Kevin McCarthy representing the 23rd Congressional district.”
McCarthy is the Minority leader in the House of Representatives. His district includes Ridgecrest. The tribe claims it has tried to work with him but been rebuffed and that his lack of interest is the cause of the Trump administration not acting on the application, which has been pending for three years.
The tribe also asserts: “This is not the first time the Department of the Interior has been accused of allowing improper political communications to influence its decisions regarding Native American tribes.” This is a reference to the situation in Connecticut where the previous Interior Secretary Ryan Zinke held up an approval needed by the state’s two gaming tribes to begin work on a casino.
