Landless tribe's casino proposal under federal review

FROM THE ARCHIVE
URL: https://www.indianz.com/News/archive/000552.asp

Landless tribe's casino proposal under federal review
Monday, March 8, 2004

The Department of Interior is holding a public hearing this week on a proposal to take up to 450 acres into trust for a landless tribe in northern California.

If approved, the acquisition would mark the first time in nearly 50 years that the Coast Miwok Tribe has property to its name. The tribe lost its federal recognition and land base after being terminated in 1958.

But one of the last pieces of legislation signed by former president Bill Clinton changed course for the tribe, also known as the Federated Indians of Graton Rancheria. In December 2000, the tribe's federal status was restored, the successful culmination of a decade-long push.

Now, the tribe is facing a tougher struggle as it moves forward with plans to build a casino in the Bay Area. Although tribal members tried other ventures before turning to gaming, critics accuse them of "reservation shopping," an often derogatory term being used nationwide to describe cases in which tribes pursue land away from their original land base. In California alone, nearly two dozen tribes are in that position, either due to termination or recent federal recognition.

Some of these complaints will be aired on Wednesday when the National Indian Gaming Commission holds a meeting on the tribe's land-into-trust request. Officials at NIGC, which regulates the $14.5 billion tribal gaming industry, are preparing an environmental impact statement (EIS) that will address public concerns about the project.

Normally, the Bureau of Indian Affairs would rubber stamp the land-into-trust request. The Omnibus Indian Advancement Act of 2000 contains language that directs the Interior Secretary to create an initial reservation for the Coast Miwok Tribe in either Marin or Sonoma counties.

"In this particular case, because it's a mandatory acquisition, the role of the bureau is very ministerial," said George Skibine, the director of the BIA's Office of Indian Gaming Management. "We would not do an [EIS] document on a mandatory acquisition. There is no discretion whether the Secretary can take land into trust or not."

But the tribe has submitted a gaming management contract to NIGC for approval. Review of the agreement is considered a federal action that triggers an environmental review.

"There was a management contract element to this situation which prompted NIGC to take the lead," said agency spokesperson Affie Ellis.

NIGC's involvement presents greater scrutiny for a tribe that has encountered plenty of opposition. The tribe's first site for a casino came under heavy fire from local officials, residents and anti-casino activists. The response was so negative that the tribe compiled a report listing examples of alleged hate speech and prejudice. The Sonoma County Commission on Human Rights is considering the report.

In the midst of the flurry, Sen. Barbara Boxer (D-Calif.) dropped any future dealings with the tribe. As the sponsor of the original bill to restore the tribe's status, she said in press accounts that she felt somewhat betrayed about the shift to gaming. An anti-gaming provision in the original bill was stripped out before Clinton signed the omnibus.

With Boxer out of the picture, Sen. Dianne Feinstein (D-Calif.) drafted a bill that would essentially prevent Interior Secretary Gale Norton from taking any land into trust for the tribe without significant public review, including the approval of Gov. Arnold Schwarzenegger (R). The tribe and other Indian leaders blasted the proposal as an attack on tribal rights.

But the NIGC's environmental analysis ensures that the public will have a much greater say in the land acquisition that if the BIA handled it alone. "We're really in the process of gathering of the information," said Ellis. "We're in the very early stages."

And the tribe will still have to get Schwarzenegger's signature on a gaming compact. The governor, elected last fall on a pledge to secure more casino revenues from the state's tribes, is negotiating with seven tribes but the Coast Miwok Tribe is not one of them. However, the United Auburn Indian Community, which shares casino partners with the Miwoks, is working on a compact, and a final deal could be announced by the summer.

The tribe and its gaming partner, Station Casinos Inc. of Nevada, donated the 2,000 acres to Sonoma County that was first considered for a casino to Sonoma County. The land will be set aside and protected as open space and wetlands.

The tribe has signed a $20-year, $200 million deal with the Rohnert Park City Council. The money would go to offset impacts of the casino, including traffic and infrastructure. Some council members are facing a recall for approving the agreement.

Relevant Documents:
Notice of Intent To Prepare an Environmental Impact Statement and of a Scoping Meeting for the Federated Indians of Graton Rancheria Casino and Hotel Project, Sonoma County, CA (February 12, 2004)

Relevant Links:
Coast Miwok Tribe - http://www.coastmiwok.com
Stop the Casino - http://www.stopthecasino101.com
National Indian Gaming Commission - http://www.nigc.gov