Black, who became Acting AS–IA in the new administration, signed off on the acquisition.

Roberts had served as Acting Assistant Secretary– Indian Affairs (AS–IA), but after his acting status lapsed under the Federal Vacancies Reform Act, Roberts continued to exercise the non-exclusive AS–IA functions. The Principal Deputy Assistant Secretary– Indian Affairs, Roberts, signed the Record of Decision (ROD) pursuant to delegated authority. The Department’s final EIS identified the Elk Grove location as the preferred alternative. Objectors responded that acquiring the Elk Grove location would moot pending state-court suits. Wilton changed its preference and requested that the Department acquire the Elk Grove location. 4321–4347, identified alternatives, including a 30-acre Elk Grove parcel. A draft environmental impact statement (EIS), under the National Environmental Policy Act (NEPA), 42 U.S.C. Wilton petitioned to acquire 282 acres near Galt for a casino. In 2009, the Department of the Interior restored Wilton’s federal recognition and agreed to “accept in trust certain lands formerly belonging to” Wilton. Wilton was erroneously excluded from the settlement. The government agreed to restore Indian status. In 1979, several California rancherias, including Wilton, sued. The 1958 Rancheria Act disestablished Wilton and 40 other reservations. Wilton Rancheria, a Sacramento area Indian tribe, was federally recognized in 1927.