Barwest, Partners knew they weren’t likely to complete Fee to Trust Process by May 31, 2007 when they signed the agreements with Governor Schwarzenegger in September 2005.
Despite representations to the contrary, Barwest and its partners were aware that it would most likely take much longer than 12-18 months to have Barwest's Barstow property taken into Trust. Generally speaking it takes 12-18 months to complete the EIS project from the time a tribe submits a “Completed” Application to take land into Trust -- and that's just one part of the approval process.
Based on details contained in a May 2006 list of pending Gaming Applications that the BIA
presented in Congress, the Los Coyotes and Big Lagoon tribes didn’t submit appli-cations until March 27, 2006 – given the most favorable circumstances it would be rea-sonable to expect the Barstow EIS project to be near completion by October 2007, but certainly not May 31, 2007. Barwest is responsible for the delays by waiting until March 2006 to file applications.
Further, the following is excerpted from transcripts of a sworn court deposition taken from Kevin Siva, Director of the Los Coyotes casino and resort development project, more than a year earlier on February 2, 2006:
Despite representations to the contrary, Barwest and its partners were aware that it would most likely take much longer than 12-18 months to have Barwest's Barstow property taken into Trust. Generally speaking it takes 12-18 months to complete the EIS project from the time a tribe submits a “Completed” Application to take land into Trust -- and that's just one part of the approval process.
Based on details contained in a May 2006 list of pending Gaming Applications that the BIA
presented in Congress, the Los Coyotes and Big Lagoon tribes didn’t submit appli-cations until March 27, 2006 – given the most favorable circumstances it would be rea-sonable to expect the Barstow EIS project to be near completion by October 2007, but certainly not May 31, 2007. Barwest is responsible for the delays by waiting until March 2006 to file applications.Further, the following is excerpted from transcripts of a sworn court deposition taken from Kevin Siva, Director of the Los Coyotes casino and resort development project, more than a year earlier on February 2, 2006:
- Opposing COUNSEL: Is it fair to say that obtaining the Secretary of Interior's approval for a fee into trust is a lengthy process?
Siva’s COUNSEL: Objection. Ambiguous as to lengthy. What do you mean by lengthy? I want to make sure.
Opposing COUNSEL: Would you agree that the process would typically take more than three to four years?
SIVA: Yes.
Opposing COUNSEL: And you're aware that the process may even take more than five years?
SIVA: Yes.
Opposing COUNSEL: Is it your understanding that the Secretary of Interior has the authority to deny any application as to take land into trust for purposes of gaming?
Siva’s COUNSEL: Objection to the extent it calls for a legal conclusion.
SIVA: To the best of my knowledge, they can make that decision; yes.
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