Interior Board of Indian Appeals 63 Ibia 75 (05/24/2016)
INTERIOR BOARD OF INDIAN APPEALS County of San Diego, California; Viejas Band of Kumeyaay Indians; and State of California v. Pacific Regional Director, Bureau of Indian Affairs 63 IBIA 75 (05/24/2016) United States Department of the Interior OFFICE OF HEARINGS AND APPEALS INTERIOR BOARD OF INDIAN APPEALS 801 NORTH QUINCY STREET SUITE 300 ARLINGTON, VA 22203 COUNTY OF SAN DIEGO, ) Order Affirming Decision in Part, CALIFORNIA; VIEJAS BAND OF ) Vacating Decision in Remaining Part, KUMEYAAY INDIANS; and STATE OF ) and Remanding CALIFORNIA, ) Appellants, ) ) Docket Nos. IBIA 15-035 v. ) 15-041 ) 15-045 PACIFIC REGIONAL DIRECTOR, ) BUREAU OF INDIAN AFFAIRS, ) Appellee. ) May 24, 2016 These appeals to the Board of Indian Appeals (Board) are from an October 16, 2014, decision (Decision) of the Pacific Regional Director (Regional Director), Bureau of Indian Affairs (BIA), to accept in trust, for the Ewiiaapaayp Band of Kumeyaay Indians (Ewiiaapaayp or Band),1 18.95 acres of land, referred to as the Salerno parcel, located in San Diego County, California. Appellants contend that the Regional Director lacks legal authority to accept the Salerno parcel in trust for Ewiiaapaayp, and that, even assuming she has such authority, her decision is flawed as an exercise of discretion on various grounds and she failed to comply with the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq. We reject Appellants’ arguments that the Regional Director lacks authority to accept the Salerno parcel in trust for Ewiiaapaayp, but we agree that the Regional Director did not adequately address a disconnect in the record between Ewiiaapaayp’s justification for the fee-to-trust acquisition and the Band’s stated intended use (or nonuse) of the parcel and purposes of the acquisition.
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