Full opinion text
MEMORANDUM OPINION DENYING PLAINTIFFS’ MOTIONS FOR SUMMARY JUDGMENT; GRANTING DEFENDANTS’ CROSS-MOTIONS FOR SUMMARY JUDGMENT BARBARA J. ROTHSTEIN, UNITED STATES DISTRICT JUDGE I. INTRODUCTION This consolidated action arises under the Administrative Procedure Act (APA), 5 U.S.C. § 551 et seq., the Indian Reorganization Act (IRA), 25 U.S.C. § 461 et seq., the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. § 2701 et seq., and the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq. Plaintiffs challenge the Secretary of the Department of Interior’s decision to acquire and hold in trust approximately 152 acres'in Clark County, Washington for the Cowlitz Indian Tribe, the Intervenor-Defendant. Plaintiffs further challenge the Secretary’s decision to allow gaming on that land, and dispute whether the Secretary has complied with NEPA’s requirements. Before the Court are the parties’ cross-motions for summary judgment. Having considered the record herein together with the parties’ briefs the Court denies the Plaintiffs’ motions for summary judgment and grants the Defendants’ motions for summary judgment. The Court’s reasoning follows: II. BACKGROUND A. Legal Framework The Secretary’s decision was arrived upon consideration of a complex combination of statutes, procedures, and regulations, a brief description of which follows: 1. Indian Reorganization Act of 1934 “The IRA was designed to improve the economic status of Indians by ending the alienation of tribal land and facilitating tribes’ acquisition of additional acreage and repurchase of former tribal domains. Native people were encouraged to organize or reorganize with tribal structures similar to modern business corporations.” 1-1 Cohen’s Handbook of Federal Indian Law § 1.05. “The overriding purpose of [the IRA] was to establish machinery whereby Indian tribes would be able to assume a greater degree of self-government, both politically and economically.” Morton v. Mancari, 417 U.S. 535, 542, 94 S.Ct. 2474, 41 L.Ed.2d 290 (1974). Among other things, the IRA provides the Secretary with the authority “to acquire ... any interest in lands ... for the purpose of providing land for Indians.” 25 U.S.C. § 465. “Title to any lands ... acquired pursuant to [the IRA] ... shall be taken in the name of the United States in trust for the Indian tribe or individual Indian for which the land is acquired, and such lands ... shall be exempt from State and local taxation.” Id. Lands taken in trust by the United States can be designated as part of an Indian Tribe’s reservation. Id. § 467. Section 19 of the IRA defines “Indian” to include, inter alia, “all persons of Indi- ‘ an descent who are members of any recognized Indian tribe now under Federal jurisdiction.” Id. § 479. While the IRA does not elaborate on what it means to be a “recognized Indian tribe now under Federal jurisdiction,” the Supreme Court recently interpreted the phrase “now under Federal jurisdiction.” In doing so it reasoned that when Congress refers to a tribe that was “now under federal jurisdiction,” it used the word “now” to mean the date that the IRA was enacted, which was 1934. Carcieri v. Salazar, 555 U.S. 379, 382, 129 S.Ct. 1058, 172 L.Ed.2d 791 (2009). 2. Federal Acknowledgment Process In 1978, the Department of Interior established a “departmental procedure and policy for acknowledging that certain American Indian groups exist as tribes.” 25 C.F.R. § 83.2. This process was “intended to apply to groups that can establish a substantially continuous tribal existence and which have functioned as autonomous entities throughout history until the present.” Id. § 83.3. Such acknowledgment was necessary to receive “the protection, services, and benefits of the Federal government available to Indian tribes by virtue of their status as tribes,” as well as “the immunities and privileges available to other federally acknowledged Indian tribes by virtue of their government-to-government relationship with the United States.” Id. § 83.2. An Indian tribe acknowledged under this procedure would “subject the Indian tribe to the same authority of Congress and the United States to which other federally acknowledged tribes are subjected.” Id. The Regulations specified the criteria that a tribe must demonstrate to achieve Federal acknowledgment. Id. § 83.7-83.8. Among other requirements, the tribe must have been “identified as an American Indian entity on a substantially continuous basis since 1900,” and a “predominant portion” of the tribe must “comprise! ] a distinct community” and must have “existed as a community from historical times until the present.” Id. § 83.7(a) — (b). 3. Indian Gaming Regulatory Act of 1988 Like the IRA, the IGRA was enacted in large part to promote “tribal economic development, self-sufficiency, and strong tribal governments.” 25 U.S.C. § 2702(1). To this end, the IGRA provided “a statutory basis for the operation of gaming by Indian tribes.” 25 U.S.C. § 2702(1); see also Citizens Exposing Truth About Casinos v. Kempthorne, 492 F.3d 460, 462 (D.C.Cir.2007). The IGRA generally prohibits Indian gaming on lands acquired after October 17, 1988. 25 U.S.C. § 2719. However, there are exceptions. Of particular relevance here, the IGRA allows gaming if “lands are taken into trust as part of ... (ii) the initial reservation of an Indian tribe acknowledged by the Secretary under the Federal acknowledgment process, or (iii) the restoration of lands for an Indian tribe that is restored to Federal recognition.” Id. § 2719(b)(1)(B). For brevity, these exceptions are referred to herein as the “initial reservation” exception and the “restored lands” exception, respectively. 4. National Environmental Policy Act NEPA requires federal agencies to issue an Environmental Impact Statement (EIS) for any “major Federal action significantly affecting the quality of the human environment.” 42 U.S.C. § 4332(2)(C). The EIS must discuss in detail, inter alia, “(i) the environmental impact of the proposed action, (ii) any adverse environmental effects which cannot be avoided should the proposal be implemented, [and] (iii) alternatives to the proposed action.” Id. Because the NEPA process “involves an almost endless series of judgment calls ... [t]he line-drawing decisions ... are vested in the agencies, not the courts.” Coalition on Sensible Transp., Inc. v. Dole, 826 F.2d 60, 66 (D.C.Cir.1987). Therefore, the “role of the courts is simply to ensure that the agency has adequately considered and disclosed the environmental impact of its actions and that its decision is not arbitrary or capricious.” City of Olmsted Falls, Ohio v. Fed. Aviation Admin., 292 F.3d 261, 269 (D.C.Cir.2002) (citing Baltimore Gas & Elec. v. Natural Res. Def. Council, 462 U.S. 87, 97-98, 103 S.Ct. 2246, 76 L.Ed.2d 437 (1983)). B. Factual & Procedural Background The Cowlitz Indian Tribe (hereinafter, Cowlitz or Tribe) is the successor in interest of the Lower Cowlitz and the Upper Cowlitz Bands of Southwestern Washington. The Tribe has been without land since President Lincoln signed a proclamation in 1863 that opened the Cowlitz lands in southwest • Washington to non-Indian settlement. A.R. 8200; A.R. 14048762; Fed.Reg. 8,983-01 (Feb. 27,1997). In 2002, the Department of Interior federally acknowledged the Cowlitz after finding that the Tribe had existed as an Indian entity on a substantially continuous basis since at least 1878-80, and that it had satisfied the criteria set forth in- 25 C.F.R. part 83. 67 Fed.Reg. 607 (Jan. 4, 2002); 65 Fed.Reg. 8,436 (Feb. 18, 2000). Immediately upon receiving federal acknowledgment, the Cowlitz submitted an application requesting that the Secretary take into trust 151.87 acres of land in Clark County, Washington (hereinafter, “the Parcel”) and declare it the Tribe’s “initial reservation” under the IRA. A.R. 140382. The Tribe claimed its purpose was to “create a federally-protected land base on which the Cowlitz Indian Tribe can establish and operate a tribal government headquarters to provide housing, health care, education and other governmental services to its members, and conduct the economic development necessary to fund these tribal government programs, provide employment opportunities for its members, and allow the Tribe to become economically self-sufficient.” A.R. 140383. To further that goal, the Cowlitz Tribe, currently landless, intends to develop the Parcel to establish 20,000 square feet of tribal government offices, sixteen elder housing units, a 12,-000 square foot tribal cultural center and a casino-resort complex consisting of 134,150 square feet of game floor; 355,225 square feet of restaurant and retail facilities and public space; 147,500 square feet of convention and multipurpose space; and an eight story 250-room hotel. BIA ROD at 2,115. A tribe must seek approval for casino-style gambling from the National Indian Gaming Commission (NIGC), an independent federal regulatory agency within the Department of Interior. 25 U.S.C. § 2706. In August 2005, the Cowlitz submitted its proposed tribal gaming ordinance for review, which the NIGC eventually approved. A.R. 8193. As part of the tribal gaming ordinance review process, the NIGC issued an opinion in November 2005 which found that the Parcel qualified for IGRA’s ‘restored lands’ exception to the general prohibition on gaming. Id. More specifically, NIGC concluded that “the Cowlitz Tribe is a restored tribe and that if the United States Department of Interior accepts the [Parcel] into trust for the Tribe, such trust acquisition will qualify as the “restoration of lands” within the meaning of the [IGRA].” A.R. 008195. For the Cowlitz to be considered an “Indian Tribe that is restored to Federal recognition,” as that term is used in IGRA, the Cowlitz had to demonstrate “a history of 1) government recognition; 2) a period of non-recognition; and 3) reinstatement of recognition.” A.R. 008198. The NIGC concluded that the Federal government had recognized the Cowlitz during the latter half of the 1800s and then “did not recognize the Cowlitz Tribe as a governmental entity from at least the early 1900s until 2002,” at which point the Tribe received formal Federal acknowledgment under 25 C.F.R. part 83. A.R. 008199. The NIGC explicitly noted in its November 2005 opinion that if the Secretary accepted the Parcel into her trust, the Department of Interior could proclaim the Parcel to be the Tribe’s initial reservation. According to the NIGC, “[a]n ‘initial reservation proclamation would provide a second basis by which the [P]arcel would qualify as Indian lands on which the Tribe could conduct gaming.” A.R. 8195. The Tribe’s application to take the Parcel into federal trust prompted the NEPA process. The Bureau of Indian Affairs issued a draft Environmental Impact Statement (EIS) concerning the proposed actions surrounding the Parcel. After a period of public comment, the final EIS was issued on May 30, 2008. AR140377; 75768-76440. In April 2013, the Secretary of the Department of the Interior (hereinafter, Secretary) through her designee, the Assistant Secretary of Indian Affairs issued a Record of Decision (“ROD” or “the decision”) accepting the Parcel into trust and declaring that gaming would be allowed on the land. Specifically, the Secretary determined that the Parcel qualified for gaming under IGRA’s “initial reservation” exception to the general ban on gaming. A.R.140494-518. The ROD did not discuss whether the Parcel would qualify under IGRA’s “restored lands” exception. Plaintiffs are entities and individuals who, for varying reasons, oppose the construction of the Cowlitz casino-resort complex. The first action was brought by Plaintiff Confederated Tribes of the Grand Ronde Community of Oregon (“Grand Ronde”) which owns and operates a casino that would compete with any future casino built on the Parcel. The second action was brought by Clark County, Washington, the City of Vancouver, homeowners and community members in the area surrounding the Parcel, and specific businesses (clubs and card rooms) that would also be forced to compete with the future casino (collectively, Clark County Plaintiffs). Plaintiffs argue that the Secretary violated the APA and NEPA. Specifically, Plaintiffs challenge: (1) the decision to accept into federal trust the Parcel pursuant to Section 5 of the Indian Reorganization Act of 1934(IRA), 25 U.S.C. § 461 et seq.; (2) the decision to allow the Cowlitz to conduct gaming activities on the Parcel once the Secretary has accepted the land into trust; and (3) the Secretary’s compliance with the NEPA. II. STANDARDS OF REVIEW The APA instructs the reviewing court to “hold unlawful and set aside agency action, findings, and conclusions found to be ... arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706(2)(A). The standard of review is narrow, and “[t]he court is not empowered to substitute its judgment for that of the agency.” Citi zens to Pres. Overton Park, Inc. v. Volpe, 401 U.S. 402, 416, 91 S.Ct. 814, 28 L.Ed.2d 136 (1971), abrogated on other grounds by Califano v. Sanders, 430 U.S. 99, 104, 97 S.Ct. 980, 51 L.Ed.2d 192 (1977). When reviewing the substance of an agency’s interpretation of a law it administers, the court must apply the principles of Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984). Under Chevron, the first step begins with the statute. The court must examine the statute to determine whether Congress has spoken directly to the precise question at issue. Natural Res. Def. Council v. EPA, 643 F.3d 311, 322 (D.C.Cir.2011). Such an examination requires the court to use “the traditional tools of statutory interpretation — text, structure, purpose, and legislative history.” Consumer Elecs. Ass’n v. FCC, 347 F.3d 291, 297 (D.C.Cir. 2003) (quoting Pharm. Research & Mfs. of Am. v. Thompson, 251 F.3d 219, 224 (D.C.Cir.2001)). If the court determines that Congress has directly spoken to the precise issue, that is the end of the analysis, “for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress.” Chevron, 467 U.S. at 842-43, 104 S.Ct. 2778. If the statute is “silent or ambiguous with respect to the specific issue,” then the court proceeds to the second step of Chevron. Chevron, 467 U.S. at 843, 104 S.Ct. 2778. The court must determine whether the agency’s response to the question at issue is reasonable and based on a permissible construction of the statute. Id. If the agency provides a reasonable interpretation of the statute, the court must defer to the agency’s interpretation. Am. Library Ass’n v. FCC, 406 F.3d 689, 699 (D.C.Cir.2005). The agency’s interpretation need not be “the only possible interpretation, nor even the interpretation deemed most reasonable by the courts.” Entergy Corp. v. Riverkeeper, Inc., 556 U.S. 208, 218, 129 S.Ct. 1498, 173 L.Ed.2d 369 (2009) (emphasis in original). Moreover, “a court may not substitute its own construction of a statutory provision for a reasonable interpretation made by the administrator of an agency.” Chevron, 467 U.S. at 844, 104 S.Ct. 2778. The court is “principally concerned with ensuring that [the Agency] has ‘examine[d] the relevant data and articulate[d] a satisfactory explanation for its action including a rational connection between the facts found and the choice made,’ that the Agency’s ‘decision was based on a consideration of the relevant factors,’ and that the Agency has made no ‘clear error of judgment.’ ” Bluewater Network v. EPA, 370 F.3d 1, 11 (D.C.Cir.2004) (quoting Motor Vehicle Mfrs. Ass’n of U.S., Inc. v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43, 103 S.Ct. 2856, 77 L.Ed.2d 443 (1983)). Finally, when interpreting an ambiguous statutory provision involving Indian affairs, “the governing canon of construction requires that statutes are to be construed liberally in favor of the Indians, with ambiguous provisions interpreted to their benefit.” Cal. Valley Miwok Tribe v. United States, 515 F.3d 1262, 1266 n. 7 (D.C.Cir.2008). However, the Indian canon of construction does not apply for the benefit of one tribe if its application would adversely affect the interests of another tribe. Confederated Tribes of Chehalis Indian Reservation v. Washington, 96 F.3d 334, 340 (9th Cir.1996). III. ANALYSIS A. The Secretary Did Not Violate the APA in Concluding that the IRA Authorizes Her . to Acquire the Parcel in Trust for the Cowlitz Plaintiffs argue that the Secretary lacks the authority to acquire land in trust for the Cowlitz because the tribe is neither “recognized” nor “under Federal jurisdiction,” as required by Section 19 of the IRA. Clark Cty Mot. at 9; Grand Ronde Mot. at 8. Furthermore, Clark County Plaintiffs maintain that the Tribe’s membership expansion since its Federal acknowledgment violated federal regulations, and, therefore, the Secretary’s decision to acquire the land in trust is void. Clark Cty Mot. at 9. In this section, the Court analyzes the parties’ positions regarding: (1) whether the Cowlitz are a “recognized” Indian Tribe; (2) whether the Cowlitz are an Indian Tribe “now under Federal jurisdiction;” and, lastly, (3) whether the Secretary violated the pertinent regulations by not reviewing Cowlitz’s membership numbers. 1. Recognition a. The Secretary’s Decision As described earlier, the IRA authorizes the Secretary to acquire land in trust for “Indians,” a term which is defined in Section 19 of the IRA to include, inter alia, “members of any recognized Indian tribe now under Federal jurisdiction.” 25 U.S.C. § 479. The Secretary’s decision determined that the Cowlitz was “recognized” under the IRA. ROD 87-89. The Secretary reasoned that the term “recognized” had historically been used in two distinct senses: (1) the “cognitive” or “quasi-anthropological” sense, under which an official “simply knew or realized that an Indian tribe existed,” and (2) “the more formal or ‘jurisdictional’ sense to connote that a tribe is a governmental entity comprised of Indians and that the entity has a unique relationship with the United States.” ROD at 87 (A.R.140468). The formal or jurisdictional sense of recognition, the Secretary explained, evolved into the modern notion of “federal recognition” or “federal acknowledgment” in the 1970s, and eventually regulations established procedures pursuant to which an entity could demonstrate its status as an Indian tribe. Id. Ultimately, however, the Secretary did not “reach the question of the precise meaning of ‘recognized Indian tribe.’ ” Id. at 89. The Secretary reasoned that “whatever the precise meaning of the term ‘recognized tribe,’ the date of federal recognition does not affect the Secretary’s authority under the IRA” because “the IRA imposes no time limit upon recognition,” and “the tribe need only be ‘recognized’ as of the time the Department acquires the land into trust.” Id. The Secretary concluded that the Cowlitz tribe had been “recognized” since at least 2002, when it received federal acknowledgment, and therefore it satisfied the recognition requirement. Id. b. Parties’ arguments Plaintiffs argue that the phrase “now under Federal jurisdiction,” (which under Carcieri strictly refers to tribes under jurisdiction in 1934) modifies the phrase “recognized Indian tribe,” and both phrases should be temporally limited to 1934. In other words, Plaintiffs contend that a tribe must have been not only “under federal jurisdiction” in 1934 but also “recognized” in 1934 to qualify as an “Indian Tribe” under Section 19. Clark Cty Mot. at 10; Grand Ronde Mot. at 9. Plaintiffs point to the plain text as well as legislative history to support that the term “recognized” refers only to tribes “enrolled” in 1934. Grand Ronde Mot. at 10; Clark Cty Mot. at 12-13. Lastly, Plaintiff Grand Ronde argues that reading the phrase “recognized Indian tribe” in the context of the IRA as a whole supports that Congress intended the term “recognized” to mean tribes recognized in 1934. Grand Ronde Mot. at 10. Defendants, unsurprisingly, maintain that the Secretary reasonably construed an ambiguous statutory term when she decided that there is no temporal limitation on recognition, and, therefore, the Court should defer to her interpretation. Gov’t Mot. at 27; Cowlitz Mot. at 30. c. Carcieri v. Salazar The Supreme Court explained in Carcieri v. Salazar, 555 U.S. 379, 129 S.Ct. 1058, 172 L.Ed.2d 791 (2009), that the phrase “now under Federal jurisdiction” meant that a tribe had to be under federal jurisdiction in 1934, the year the IRA was passed, in order to qualify under Section 19’s definition of “Indian.” Less clear was whether an Indian Tribe also had to be “recognized” in 1934 to qualify as “Indian” under Section 19. The Carcieri majority makes no attempt to interpret what the word “recognized” means, and instead concerns itself solely with the interpretation of the phrase “now under Federal jurisdiction.” See id. at 382, 129 S.Ct. 1058 (holding that “§ 479 limits the Secretary’s authority to taking land into trust for the purpose of providing land to members of a tribe that was under federal jurisdiction when the IRA was enacted in June 1934”). Had the Carcieri majority believed that an Indian tribe needed to be recognized as of 1934, it could have easily said so and made that part of its holding. However, the majority chose not to follow that course, and instead held only that the phrase “now under federal jurisdiction” means tribes that were under federal jurisdiction in 1934. By ignoring the concept of recognition altogether, the Carden opinion in no way supports Plaintiffs’ position that the term recognized should be read in conjunction with the phrase “now under federal jurisdiction.” Indeed, the only discussion of the term “recognized” in Carcieri directly contradicts Plaintiffs’ arguments. In his concurrence, Justice Breyer explains that recognition and jurisdiction may be treated as two separate concepts and notes that Section 19 “imposes no time limit upon recognition.” Id. at 399, 129 S.Ct. 1058. Additionally, Justices Souter and Ginsburg agreed with Justice Breyer that “[njothing in the majority opinion forecloses the possibility that the two concepts, recognition and jurisdiction, may be given separate content” and that “the [IRA] imposes no time limit upon recognition.” Id. at 400, 129 S.Ct. 1058 (Souter, dissenting). Accordingly, the Carcieri majority opinion does not support that the term “recognized” in Section 19 unambiguously refers only to tribes recognized as of 1934. Moreover, the views expressed by Justices Breyer, Souter and Ginsburg support that, at the very least, Section 19 is ambiguous regarding whether a tribe must be “recognized” as of 1934 in order for its members to qualify as “Indians.” d. Plain Text Plaintiffs urge that Section 19’s plain text demonstrates that the term “recognized” refers to tribes recognized in 1934. Plaintiffs analogize to hypothetical statutes to argue that a tribe cannot be a “recognized Indian tribe now under Federal jurisdiction” in 1934 if it was not a “recognized Indian tribe” in 1934. Grand Ronde’s Mot. at 10. For instance, Plaintiffs liken Section 19 to a statute that applies to any state resident practicing medicine in 1934. Id. Plaintiffs conclude that this hypothetical statute should not cover an individual who was practicing medicine in 1934 in a foreign country, but only became a state resident many years later. Id. Likewise, Plaintiffs argue, Section 19 should not cover a tribe who was under federal jurisdiction in 1934 but that was only recognized in recent years. Id. While at first blush such comparisons seem appealing, they ultimately fail to persuade the Court. The danger in analogizing to such selectively crafted hypothetical statutes is a point aptly made by Defendants’ hypothetical statute proffered in response — a statute that provides benefits to any certified veteran wounded in 1934. Def. Govt’s Reply at 12 nil. Such a statute, the Government observes, could reasonably be interpreted to cover veterans who received certification after 1934, even if the veteran must have been wounded as of 1934. Arguably, recognition of an Indian tribe, like certification of a wounded veteran, is a status that can be conferred years after the tribe has been under federal jurisdiction. Cf. Regions Hosp. v. Shalala, 522 U.S. 448, 458, 118 S.Ct. 909, 139 L.Ed.2d 895 (1998) (agreeing with the D.C. Circuit that the phrase “recognized as reasonable” in the Medicare Act “by itself, does not tell us whether Congress means to refer the Secretary to action already taken or to give directions on actions about to be taken” and, therefore, “might mean costs the Secretary (1) has recognized as reasonable ..., or (2) will recognize as reasonable.... ”). Accordingly, the Court rejects Plaintiffs’ results-oriented approach and their contention that the text of Section 19 unambiguously requires recognition as of 1934. e. Legislative History The ambiguity of the statutory term “recognized” is further confirmed by a review of Section 19’s legislative history. The Senate’s Committee on Indian Affairs discussed Section 19’s definition of “Indian” during both the April 28, 1934 and May 17, 1934 hearings. A.R. 135115. At the April 28th hearing, Senator Elmer Thomas of Oklahoma expressed concern that in the past “when an Indian was divested of property and money” he was legally no longer considered an Indian and, as a result, “numerous Indians have gone from under the supervision of the Indian Office.” Id The following colloquy resulted between the Commissioner of Indian Affairs, John Collier, and Senator Thomas: Commissioner: This bill provides that any Indian who is a member of a recognized tribe or band shall be eligible to Government aid. Senator Thomas: Without regard to whether or not [the Indian] is now under your supervision? Commissioner: Without regard; yes. It definitely throws open Government aid to those rejected Indians. A.R. 135115 (emphasis added). This discussion among the Committee suggests, therefore, that the term “recognized tribe” includes Indians who were not under the Indian Bureau’s supervision in 1934. However, only a couple of weeks later, on May 17, 1934, another exchange took place between the Committee members suggesting just the opposite. Senator Thomas expressed concern that only tribe members “under the authority of the Indian Office” would be covered under the' IRA, and “the policy [of the Indian Office] was not to recognize Indians except those already under authority.” A.R. 135298. Senator Thomas viewed the proposed act as excluding “roaming bands of Indians” that were “not registered,” “not enrolled,” and “not supervised.” Id. The Chairman of the Committee, Senator Burton Wheeler, responded to Senator’s Thomas concern by explaining that, “[o]f course, this bill is being passed, as a matter of fact, to take care of the Indians that are taken care of at the present time.” Id. Senator Wheeler later explained his view that the IRA should not cover “Indians of less than half blood,” “unless they are enrolled at the present time.” A.R. 135298-135299. Thus, in contrast to the April 28th discussion, the May 17th dialogue supports the notion a “recognized Indian tribe” means a tribe that as of 1934 was “enrolled,” “taken care of’ or under the supervision of the Government. “The only conclusion that [the Court] can safely draw from these seemingly contradictory passages is that ‘the little legislative history that exists for [Section 19] is as ambiguous as the statute itself.” County of Los Angeles v. Shalala, 192 F.3d 1005, 1015 (D.C.Cir.1999) (quoting Deaf Smith County Grain Processors, Inc. v. Glickman, 162 F.3d 1206, 1212 (D.C.Cir.1998)). f. Statutory Context Finally, Plaintiff Grand Ronde argues that the term “recognized” in its statutory context supports that it unambiguously refers to tribes recognized in 1934. Grand Ronde Mot. at 11. Grand Ronde points to language in Section 19 and Section 18 to bolster this argument. Section 19 includes three definitions of Indian, two of which are relevant to Plaintiff Grand Ronde’s argument. The first, discussed at length above, includes “all persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction.” 25 U.S.C. § 479. Section 19’s second definition for Indian includes “all persons who are descendants of such members who were, on June 1, 1934, residing within the present boundaries of any Indian reservation.” 25 U.S.C. § 479. Plaintiff Grand Ronde argues that “the Secretary’s conclusion that a tribe can be ‘recognized’ some 70 years after 1934 is ... impossible to square with section 19’s second definition of Indian,” because “[t]ribes ‘recognized’ in 2002 do not have ‘descendants’ living on reservations in 1934.” Grand Ronde Mot. at 11; see also Clark Cty at 12 n.5.' However, some of the Cowlitz members reportedly lived on the Quinault Reservation in 1934 despite the Cowlitz Tribe only receiving formal recognition in 2002. Cowlitz Reply at 4 n.4. Arguably, then, the descendants of these Cowlitz tribal members who lived on the Quinault Reservation in 1934 would qualify under Section 19’s second definition of Indian. Accordingly, Section 19’s second definition of Indian is not incompatible with the Secretary’s interpretation that “recognized Indian tribe” includes tribes recognized after 1934. Similarly, the Court is not persuaded that Section 18 poses a challenge to the Secretary’s interpretation of “recognized.” See Grande Ronde’s Mot. at 11. Section 18 states that the IRA “shall not apply to any reservation wherein a majority of the adult Indians ... shall vote against its application” in a special election called one year after the IRA’s passage and approval. 25 U.S.C. § 478. Plaintiff Grand Ronde’s argument is based on the conclusion by a former member of this court that Section 18 “suggests that the IRA was intended to benefit only those Indians federally recognized at the time of passage.” City of Sault Ste. Marie v. Andrus, 532 F.Supp. 157, 161 n. 6 (D.D.C.1980). Tellingly, however, the City of Sault Ste. Marie Court provides no further analysis and ultimately holds that “although the question of whether some groups qualified as Indian tribes for purposes of IRA benefits might have been unclear in 1934, that fact does not preclude the Secretary from subsequently determining that a given tribe deserved recognition in 1934 ...” because “[t]o hold otherwise would be to bind the government by its earlier errors or omissions.” Id. (finding that a 1972 Memorandum conferred recognition under the IRA). Similarly, this Court does not view Section 18’s voting provision as incompatible with an interpretation of Section 19 that allows for post-1934 recognition. g. Conclusion For the above reasons, the Court finds that the term “recognized” does not unambiguously refer to recognition as of 1934; but rather is an ambiguous statutory term. Moreover, given the above discussion and Justice Breyer’s concurrence in Carcieri, this Court finds the Secretary’s interpretation of the term “recognized” to be reasonable and defers to it. See Cumberland Coal Res., LP v. Fed. Mine Safety & Health Review Comm’n., 717 F.3d 1020, 1025 (D.C.Cir.2013) (explaining that under Chevron, once the court determines that the statute is ambiguous with respect to the specific issue, the .court must defer to the Secretary’s interpretation so long as it is reasonable). 2. “Under Federal Jurisdiction” The Secretary’s legal authority to acquire the Parcel in trust also requires a finding that the Cowlitz Tribe was “under federal jurisdiction” in 1934. 25 U.S.C. § 479; Carcieri, 555 U.S. 379, 129 S.Ct. 1058, 172 L.Ed.2d 791 (2009). To deter-miné whether the Cowlitz Tribe was “under federal jurisdiction” in 1934, the Secretary developed a two-part test. Plaintiffs argue that the Secretary’s test violated the statutory text and legislative history of the IRA. Plaintiffs further argue that the Secretary’s application of this two-part test to the Cowlitz was arbitrary and capricious. Below, the Court first describes the Secretary’s test and then turns to the parties’ specific arguments. a. Secretary’s Two-Part Test The Secretary developed a two-part inquiry to determine whether a tribe was under federal jurisdiction in 1934. The first part of this test is whether the United States had, in 1934 or at some point in the tribe’s history prior to 1934, taken an action or a series of actions — through a course of dealings or other relevant acts for or on behalf of the tribe or in some instance tribal members — that are sufficient to establish, or that generally reflect federal obligations, duties, responsibility for or authority over the tribe by the Federal Government. Id. According to the Secretary, “some tribes may be able to demonstrate that they were under federal jurisdiction by showing that Federal Government officials undertook guardian-like action on behalf of the tribe, or engaged in a continuous course of dealings with the tribe.” A.R. 140476. The Secretary also determined that evidence regarding “actions by the Office of Indian Affairs” could satisfy this first stage. Id. The second part of the Secretary’s test is “to ascertain whether the tribe’s jurisdictional status remained intact in 1934.” Id. As part of this inquiry, the Secretary noted that “the Federal Government’s failure to take any actions towards, or on behalf of a tribe during a particular time period does not necessarily reflect a termination or a loss of the tribe’s jurisdiction.” Id. Similarly, the Secretary explained, “the absence of any probative evidence that a tribe’s jurisdictional status was terminated or lost prior to 1934 would strongly suggest that such status was retained in 1984.” Id. b. The Secretary’s Two-Part Test Is Entitled to Deference Plaintiffs argue that the Secretary’s interpretation of “under federal jurisdiction” contravenes the plain text of § 479 as well as its legislative history. First, Plaintiffs contend that the text of § 479 does not allow the Secretary to determine whether a tribe is “under federal jurisdiction” by looking at the actions taken by the Federal government towards individual tribal members. For instance, Grand Ronde faults the Secretary for considering the fact that the Federal government provided medical attention to individual Cowlitz Indians and allowed individual Cowlitz Indians to attend BIA-operated schools. Grand Ronde Mot. at 28. Plaintiffs insist that the statutory text requires the Secretary to focus exclusively on Federal actions taken for the tribe as a whole. Clark Cty Mot. at 16; Grand Ronde Mot. at 21. Next, Plaintiffs argue that the Secretary’s interpretation of “under federal jurisdiction” contravenes legislative intent because Congress intended the “under federal jurisdiction” requirement to narrow the tribal groups that qualify as Indians under § 479. Clark County Plaintiffs contends that the Secretary’s interpretation does not allow the phrase “under federal jurisdiction” to act as a limiting factor since almost all tribes have members that “interacted with or received benefits from the United States.” Clark Cty Mot. at 17. Similarly, Grand Ronde further argues that § 479 should be interpreted as narrowing the types of tribal groups to only those “tribes that were under ‘Government supervision and control’ ” in 1934, and faults the Secretary for finding that “mere dealings” with a tribe and its individual tribal members would suffice to show such supervision and control over a tribe. Grand Ronde Mot. at 28. Defendants, for their part, insist that the Secretary’s interpretation of “under Federal jurisdiction” is a permissible construction of the IRA and informed by the agency’s expertise in Indian affairs, which they argue should be given deference. Cowlitz Mot. at 14. Section 479 defines Indians as “members of any recognized Indian tribe now under Federal jurisdiction.” 25 U.S.C. § 479. The Secretary acknowledged that the phrase “under Federal jurisdiction” qualifies the term “recognized tribe.” A.R. 140475. The parties agree then that under § 479, the tribe, as opposed to its 'individual members, must be under federal jurisdiction. The statute does not, however, explain what it means for a tribe to be “under Federal jurisdiction,” or describe what type of evidence a fact-finder may consider in making that analysis. Nothing in § 479 prohibits the Secretary from considering the relationship between the Federal government and individual Indians when determining whether the tribe itself was under federal jurisdiction in 1934. Moreover, it strikes the Court as perfectly reasonable for the Secretary to consider the relationship to the part (the tribal members) when trying to assess the relationship to the whole (the tribe). As such, the Court finds that the Secretary’s test did not violate the APA by considering the Federal government’s relationship to individual tribal members when ascertaining whether a tribe as a whole was “under federal jurisdiction.” The Court is similarly unpersuaded that the legislative history for § 479 renders the Secretary’s test erroneous. According to the May 18, 1934 hearing transcript, the phrase “under federal jurisdiction” was suggested by Commissioner Collier after a colloquy between Senator O’Mahoney and Chairman Wheeler. Chairman Wheeler expressed his concern that some “so called tribes’ ” were composed of “white people essentially,” and yet because they were “under the supervision of the Government of the United States,” they would receive benefits under the act. A.R. 135301. Senator O’Mahoney suggested in turn that the committee include a separate provision “excluding from the benefits of the act certain types.” Id. At this point, Commissioner Collier proposed to add the phrase “now under Federal jurisdiction” after the words “recognized Indian tribe.” Id. After this proposal, the hearing immediately ended and the phrase is not discussed any further. This colloquy, as the Secretary’s decision noted, is “ambiguous and confused.” A.R. 140475. It remains entirely unclear what the legislators meant by the phrase “under Federal jurisdiction.” While the legislative history suggests that the phrase “under federal jurisdiction” was added to narrow the types of tribes that qualify for benefits under the IRA, it is not clear as to what tribes the legislators intended to exclude. Plaintiffs insist that the Secretary’s interpretation of “under federal jurisdiction” defies the legislative intent because “[virtually any tribal group will have members who have interacted with or received benefits from the United States.” Clark Cty Mot. at 17. But such an argument falsely portrays the Secretary’s test as one that automatically grants “under federal jurisdiction” status once a tribe can show that its members received federal benefits and services in 1934. This is a distortion of the test employed by the Secretary, which considers the federal services and benefits received . by individual tribe members among other types of evidence, and asks if the evidence, when taken as a whole, is “sufficient to establish, or [ ] generally reflects federal obligations, duties, responsibility for or authority over the tribe by the Federal Government.” A.R. 140476. In sum, the Court finds.the legislative history to be exceedingly unhelpful, except that it confirms that the phrase “under federal jurisdiction” is indeed ambiguous and that Chevron deference is required. Accordingly, the Court is not persuaded that the legislative history renders the Secretary’s test to be arbitrary, capricious or legal error. c. The Secretary’s Application of the Two-Part Test to the Cowlitz Tribe In the Record of Decision, the Secretary found that the United States’ 1855 treaty negotiations with the Lower Band of Cowl-itz Indians were “the first clear expression that the Cowlitz Tribe (or its predecessors) was under federal jurisdiction.” A.R. 140478. The proposed treaty called for the Cowlitz and the other tribes in the area to “cede all their claims to territory covering much of the southwestern Washington in exchange for a single reservation to be provided later, most likely on the Pacific .Ocean.” Id. The Secretary determined that although the treaty negotiations failed, the government took the land, and “at a minimum, it demonstrates that the Federal Government acknowledged responsibility for the Tribe (or its predecessors).” Id. According to the Secretary, for approximately a decade after the failed treaty negotiations, the Department of Interior recognized that Indian title to the Cowl-itz’s land had never been properly ceded. In 1904, the Cowlitz “began a prolonged effort to obtain legislation to bring a claim against the United States for the taking of their land.” A.R. 140481. And although ultimately unsuccessful, the Tribe received support from both the Special Indian Agent who was tasked by the Department of Interior to review the claim and the local Superintendent. Id. The Secretary further notes that from the mid-1850s until 1934, the Federal government continued a “course of dealings” with the Cowlitz Tribe. For instance, in 1868, Federal officials attempted to distribute goods and provisions to the Cowlitz Indians. A.R. 140479. In 1878, the Federal government “deemed it necessary to formally acknowledge two individuals to be ‘chiefs’ of the Lower and Upper Bands of the Cowlitz,” and communicated with the Tribe through these individuals until 1912, when the chiefs died. Id. The Secretary also observes that the “local Superintendent also enumerated the members of both bands and then listed them together in that year’s statistical tabulation,” thereby demonstrating “unambiguous federal jurisdiction.” A.R. 140479. The Secretary further states that the Federal government provided for the Cowlitz’s education and medical needs from the late 19th century and this “continued into the 20th century.” A.R. 140479-140480. For instance, Cowlitz children attended schools operated by the Bureau of Indian Affairs and the Department of Interior authorized money for “health services, funeral expenses, or goods at a local store on behalf of Cowlitz Indians.” A.R. 140480. Moreover, the Secretary notes that “[t]he local Indian Agency representatives repeatedly included Cowlitz Indians as among those for whom they believed they had supervisory responsibilities.” Id. For instance, “during the 1920s the Superintendent of the Taholah Agency represented the interests of the Cowlitz Tribe vis a vis state parties for purposes of Cowlitz Tribe’s fishing rights.” Id. In 1927, the Superintendent of the Taholah Agency clarified that “the Cowlitz band are under the Taholah Agency,” and wrote that his jurisdiction included inter alia “all those Indians belonging to the ... Cowl-itz.” Id. The Superintendent also described his 1923 traveling expenses to include travel to the reservations under his jurisdiction, which included the “Cowlitz Reservation located in the Cowlitz River Valley” (even though the Cowlitz did not formally have a reservation). Id. A.R. 140480-140481. Next, the Secretary notes that the Federal government issued “public domain” allotments to some Cowlitz Indians in the late 1800s and “took actions in support of these allotments,” such as supervising the sale of lands and protesting a tax sale of land held in trust. A.R. 140482140483. Some Cowlitz Indians also received allotments due to “the Act of March 4, 1911” which directed the Secretary to make allotments to members of tribes in the State of Washington “who are affiliated with the Quinaielt and Quileute tribes.” A.R. 140483. In its 1931 decision, Halbert v. United States, the Supreme Court determined that the Cowlitz members were entitled to such allotments. Id. (citing Halbert v. United States, 283 U.S. 753, 51 S.Ct. 615, 75 L.Ed. 1389 (1931)). The Secretary points to the history of the Federal government granting allotments to the Cowlitz members as further evidence that the Tribe was “under federal jurisdiction” in 1934. A.R. 140484. Lastly, the Secretary considered as “important” evidence of jurisdiction, the Department of Interior’s 1932 approval of an attorney contract for the Cowlitz Tribe. By law, attorney contracts between Indian tribes and attorneys had to be approved by the Commissioner of Indian Affairs and the Secretary. Thus, the Superintendent from the Taholah Agency was sent by the Commissioner to observe meetings between the Cowlitz Tribe and the attorneys who planned to bring claims on behalf of the Tribe against the United States. Ultimately, the Commissioner and Secretary’s First Assistant approved these attorney contracts. A.R. 140484. The Secretary, after her detailed and extensive historical review, concludes that “[a]ll of this evidence, taken together, supports [the agency’s] conclusion that prior to and including 1934 the Cowlitz Tribe retained and did .not lose its jurisdictional status as a tribe “under federal jurisdiction.” A.R. 140484. d. The Secretary’s Application of the Two-Part Test to the Cowlitz Did Not Violate the APA According to Plaintiffs, the Secretary erred when she found that the Cowlitz Tribe was “under federal jurisdiction” as a result of the failed treaty negotiations. Grand Ronde Mot. at 27; Clark Cty at 19-20. According to Plaintiffs, “[a] failed treaty could never serve to bring a tribe under federal jurisdiction, because such failed negotiations create no ‘obligations, duties, responsibility for or authority over the tribe’ by the United States.” Clark Cty Mot. at 20. The Cowlitz Tribe argues in response that the treaty negotiations show that the Tribe was under federal jurisdiction because, upon the tribe’s refusal of the treaty’s terms, the United States “exercised its ultimate jurisdiction by simply dissolving the Tribe’s aboriginal title [to its land] through an Executive Order.” Cowlitz Mot. at 16. Similarly, the Government observes that the Upper Chehalis and Chinook tribes also took part in the same failed treaty negotiations as the Cowlitz, and despite the unratified treaty, the Federal government assumed control over their tribal lands, “essentially treating] the land as ceded.” Govt’s Reply at 4-5. The Government concludes that it “did not matter whether these tribes entered into a ratified treaty because the Federal government unilaterally asserted jurisdiction over the tribes and their lands regardless.” Id. at 5. As an initial matter, the Court agrees that the failed treaty negotiations do not, in and of themselves, “establish, or ... generally reflect federal obligations, duties, responsibility for or authority over the tribe by the Federal Government.” However, the Secretary relies on much more than the failed treaty negotiations to establish that the Cowlitz Tribe was “under federal jurisdiction” in 1934. More specifically, the Secretary relies on the “course of dealings” that came after those failed treaty negotiations — e.g., the granting of allotments to Tribal members, the approval of the Tribe’s attorney contracts, and the other federal services provided to the Tribe and its members up to and including 1934. See supra Part III.A.2.C. The Secretary’s determination that the Cowlitz were “under federal jurisdiction” prior to and including 1934 was based on “[a]ll of this evidence, taken together.” A.R. 140484. Moreover, the Cowlitz’s rejection of the proposed treaty does not mean that the Tribe was not under federal jurisdiction in 1934. If anything, the fact that the Federal Government ignored the Tribe’s demands and ultimately took its tribal lands without compensation, corroborates that the Federal Government treated the Cowl-itz as though the Tribe was under its authority. For these reasons, the Court finds the Secretary’s determination that the Cowlitz Tribe was “under federal jurisdiction” prior to 1934 was reasonable and not in violation of the APA. Next, Plaintiffs contend that the Cowl-itz could not have been under federal jurisdiction in 1934 because the Tribe’s relationship with the Federal Government had already been “terminated” — as found by the NIGC in its Restored Lands opinion. Grand Ronde Mot. at 22; see also Clark Cty. Mot. at 19-20, 24-46. Plaintiffs insist that termination “is the antithesis of ‘Federal jurisdiction’ ” because it denotes the cessation of federal supervision and control over an Indian tribe. Grand Ronde Mot. at 22; see also Clark Cty Mot. at 21. In response, Defendants argue that a “termination” in the NIGC’s restored lands opinion refers to an “administrative termination” by the Department of Interior under IGRA, which is the statute that the NIGC interprets in issuing a Restored Lands opinion. Such an “administrative termination,” Defendants maintain, is different than a termination by Congress, which is the only entity that could legally terminate federal jurisdiction over a tribe. The Court finds the NIGC’s Restored Lands opinion to be of questionable value in determining whether the Cowlitz Tribe was “under federal jurisdiction” in 1934. The NIGC determined in its Restored Lands opinion that the Cowlitz qualified for the IGRA’s restored lands exception because the Tribe had been ignored by the Department of Interior and the Department “no longer had a government-to-government relationship with the Tribe.” A.R. 8200. In other words, the Cowlitz Tribe was no longer formally recognized from “at least the early 1900s” and was therefore deemed “terminated” under the IGRA. A.R. 8199. As the Secretary explained, modern notions of “federal recognition” and its inverse, “termination,” are concepts that evolved in the 1970s, after the Department promulgated procedures by which a tribe could demonstrate its status as an Indian tribe. A.R 140468. Federal courts have since construed the restored lands exception under IGRA so that a cessation of administrative services by the Department of Interior could amount to a defacto termination of a tribe. See e.g., TOMAC v. Norton, 433 F.3d 852, 865 (D.C.Cir.2006). Using the NIGC’s legal conclusions and findings, Plaintiffs argue that the Tribe cannot be “under federal jurisdiction” under the IRA, if there was no “government-to-government relationship” under IGRA. Such reasoning incorrectly assumes, however, that a government-to-government relationship, as defined by IGRA and the federal courts interpreting IGRA, is a prerequisite to a tribe being “under federal jurisdiction” pursuant to IRA. Importantly, under the Secretary’s interpretation of “under federal jurisdiction,” the actions or inactions of the Department of Interior are insufficient to extinguish the jurisdictional relationship between the federal government and an Indian tribe. In other words, “Congress’s constitutional plenary authority over [an] Indian tribe[] cannot be divested,” even if the Department of Interior ignored the tribe. A.R. 140476. Therefore, a tribe could be “under federal jurisdiction” under the IRA while lacking a “government-to-government” relationship under the IGRA. As noted by the Defendants, case law lends support to the Secretary’s position. See TOMAC v. Norton, 433 F.3d 852, 856 (D.C.Cir.2006) (reciting Congress’s statement that the Pokagon Band “was unfairly terminated as a result of both faulty and inconsistent administrative decisions contrary to the intent of Congress, federal Indian law and the trust responsibility of the United States”); cf. United States v. John, 437 U.S. 634, 653, 98 S.Ct. 2541, 57 L.Ed.2d 489 (1978) (holding that federal jurisdiction existed over the prosecution of a crime that occurred on a reservation despite the “long lapse” in federal recognition). According to the Secretary, the NIGC’s Restored Lands opinion is an interpretation of the IGRA and not the IRA, and a finding of termination under the IGRA is not fatal to a finding that the Cowlitz were “under federal jurisdiction” pursuant to the IRA. In reaching this conclusion, the Secretary has exercised her expertise in Indian affairs to construe ambiguous statutory language and in reconciling different approaches taken by different agencies as they exercise their responsibilities to Indian tribes. Finally, Plaintiffs contend that the Secretary erred by dismissing unfavorable evidence that they claim shows the Cowlitz were not “under federal jurisdiction” in 1934. Specifically, Plaintiffs point to a 1924 statement in which the then-Secretary opposed legislation that would have allowed the Cowlitz to file a claim against the federal government. The Secretary stated that that the Cowlitz Indians “are without any tribal organization, generally self-supporting, and have been absorbed into the body politic.” Plaintiffs also note a 1933 letter from the Commissioner Collier denying enrollment to an individual person in the Cowlitz tribe; in this letter Collier states that the Cowlitz was not in existence as it did not have a reservation or tribal funds on deposit under the government’s control. Clark Cty Mot. at 22. The Secretary did not ignore the evidence cited by Plaintiffs, but rather found that it was not persuasive in light of the rest of the record. With respect to Commissioner Collier’s 1933 letter, the Seere-tary determined that Collier’s statement that the Cowlitz did not exist was “conclu-sory and unsupported,” and therefore unpersuasive given the evidence raised in “the thorough analysis of the historical récord performed for the [Cowlitz’s 2002] acknowledgment decision,” ie. evidence that supported that the Cowlitz Tribe was a continuous political entity throughout the 20th century. A.R. 140482. For this same reason, the Secretary discredited the 1924 statement by the then-Secretary of Interi- or describing the Cowlitz as “without any tribal organization,” “self-supporting,” and “absorbed into the body politic.” A.R. 140480. Moreover, the Secretary determined the 1933 letter was further undermined by Commissioner Collier’s statement the very next year, in 1934, in which he instructs the local Taholah Superintendent to enroll any Cowlitz Indians that were under his jurisdiction as Cowlitz even though they had received an allotment on the Quinault Reservation. A.R. 140482. Thus, the Secretary did all that the APA requires — she considered the 1933 letter and 1924 statement as well as other evidence and briefly explained why she remained persuaded that the totality of evidence tipped in favor of finding that the Cowlitz Tribe was under federal jurisdiction. See Bowen v. Am. Hosp. Ass’n, 476 U.S. 610, 626, 106 S.Ct. 2101, 90 L.Ed.2d 584 (1986) (describing an agency’s requirements under APA). 3. Cowlitz’s Membership Numbers The Cowlitz Tribe increased its tribal members from 1,482 at the time it was first federally acknowledged in 2002, to 3,544 members in 2007. Pis. Clark Cty’s Mot. at 24. Clark County Plaintiffs argue that the. Secretary neglected her duty under 25 C.F.R. § 83.12 to confirm that the new Tribe members “maintained social and political ties with the tribe and either descend from members on the base roll or from the historic tribe.” Id. at 24. The Secretary’s failure to do so, Clark County Plaintiffs contend, voids the Secretary’s decision that she was authorized to take the Parcel into trust on behalf of the Cowlitz. Id. at 27. Among other arguments, Defendants counter that Clark County Plaintiffs never presented this argument at the administrative level and have therefore waived it. Cowlitz Mot. at 16; Gov’t Mot. at 34, n.30. Clark County Plaintiffs insist that they “clearly raised the issue of the-Tribe’s greatly expanded enrollment” at least three times. Clark Cty Reply at 16. “While there are surely limits on the level of congruity required between a party’s arguments before an administrative agency and the court, respect for agencies’ proper role in the Chevron framework requires that the court be particularly careful to ensure that challenges to an agency’s interpretation of its governing [laws] are first raised in the administrative forum.” Koretoff v. Vilsack, 707 F.3d 394, 397 (D.C.Cir.2013) (quoting NRDC v. EPA, 25 F.3d 1063, 1074 (D.C.Cir.1994)). Accordingly, courts require that a party in an APA action raise only the “specific argument” that was raised to the agency and “not merely the same general legal issue.” Id. “This principle applies to .legal, as well as factual, arguments.” Tindal v. McHugh, 945 F.Supp.2d 111, 129 (D.D.C.2013) (citing Nuclear Energy Inst. v. EPA, 373 F.3d 1251, 1290 (D.C.Cir.2004) (per curium) (“To preserve a legal or factual argument, ... [a] proponent [must] have given the agency a ‘fair opportunity” to entertain it in the administrative forum before raising it in the judicial one.”)) Plaintiffs point to communications — one newspaper editorial and two legal correspondences — in which they took issue with the Cowtliz Tribe’s membership expansion. Clark Cty. Reply at 16. In these communications, Clark County Plaintiffs argued that the BIA had tarnished the integrity of the NEPA process by relying on Cowlitz Tribe’s overstated membership figures. See A.R. 92207; A.R. 86688; A.R. 572. More specifically, the Clark County Plaintiffs argued that the public should be given an opportunity to provide comments and challenge the membership figures. Id. Insofar as Clark County Plaintiffs challenge the integrity of the NEPA process before this Court (arguments which are discussed in detail later in this opinion), such arguments are preserved. However, Clark County Plaintiffs never voiced any concern at the administrative level that the Secretary’s statutory authority to take the land in trust was somehow impugned because she had not reviewed the Cowlitz membership figures. Nor did the Clark County Plaintiffs previously argue that the Secretary has an ongoing obligation under 25 C.F.R. § 83.12 to review a tribe’s membership figures before taking land into trust on the tribe’s behalf. Under the waiver doctrine, Plaintiffs cannot raise such arguments now. See NRDC v. EPA, 25 F.3d 1063, 1074 (D.C.Cir.1994) (“failure to raise a particular question of statutory construction before an agency constitutes waiver of the argument in court,” even if the party had made “other technical, policy, or legal arguments”). B. The Secretary Did Not Violate the APA in Concluding that the Parcel Qualifies for Gaming under the IGRA As' described above, Section 20 of the IGRA allows gaming on lands that the Secretary acquired in trust so long as the lands are the tribe’s “initial reservation.” 25 U.S.C. § 2719(b)(1)(B)(ii). Because the IGRA does not define “initial reservation,” the Secretary determines whether the tribe meets the “initial reservation” exception when she decides to take land into trust. Citizens Exposing Truth about Casinos v. Kempthorne, 492 F.3d 460, 462-63 (D.C.Cir.2007). Under the pertinent agency regulations, a land may qualify as an “initial reservation” if, inter alia, it is “within an area where the tribe has significant historical connections.” 25 C.F.R. § 292.6. A tribe demonstrates “significant historical connections” by presenting “historical documentation [of] the existence of the tribe’s villages, burial grounds, occupancy or subsistence use in the vicinity of the land.” 25 C.F.R. § 292.2. As the Secretary determined, the regulations do not define the term “vicinity.” Plaintiffs argue the Secretary erred in her determination that the Parcel is eligible for gaming under the “initial reservation” exception of the IGRA. More specifically, Plaintiffs contend that the Cowlitz cannot have “significant historical connections” to the Parcel because it was 14 miles outside of the Cowlitz’s aboriginal territory, the boundaries of which were defined by the Indi