Barwest Compacts expire; future direction unclear

9.17.07

Casino agreements expire; tribes unsure of next step

By JASON SMITH, staff writer

BARSTOW — The agreements between Gov. Arnold Schwarzenegger and two Indian tribes to allow an off-reservation casino to be built in Barstow expired at midnight on Monday leaving the future of the project in doubt.

The Big Lagoon Rancheria and Los Coyotes Indian tribes had signed casino compacts with the governor’s office on Sept. 9, 2005, but those agreements would have had to have been ratified by both houses of the state legislature by Sept. 17. in order for the project to go forward. The legislature has since adjourned for the 2007 regular session.

Tom Shields, spokesman for the casino’s developer BarWest, LLC., said that despite the expiration, the tribes still hope to continue with the project

"Both tribes are still interested in pursuing Barstow,"he said.

He said the tribes and BarWest thanked the unions, environmental groups and city officials for their lobbying efforts for the project but said more efforts were needed.

"It’s really up to the governor to get the Barstow compacts passed by the legislature. While we appreciate everyone’s support, passing the compacts was never a top priority. In order to get them approved, the governor needs to do more," he said.

Shields said that compacts could be renegotiated and the developers will now focus on the lengthy process of putting the land into federal trust. He called the support of the Big Lagoon tribe a crucial part of the project, but acknowledged that the tribe has not determined how it will proceed.

Jason Barnett, spokesman for the Big Lagoon Rancheria tribe, said that the tribe is considering all its options and will meet with the governor’s office before deciding whether or not to abandon its Barstow plans.

"The tribes’ focus may shift back to Humbolt but we are not ruling out Barstow in any way. We are waiting to hear from the Governor,"he said.

In May, the tribes’ chairman, Virgil Moorehead said that the Sept. 17 deadline would be its last for the Barstow project and the tribe would pursue building a casino on its Humbolt county reservation, an environmentally sensitive lagoon. The tribe was previously involved in a lawsuit with the governor’s office about developing a casino on the reservation and the Barstow project was created as part of a legal settlement.

Sabrina Lockhart, spokeswoman with Governor Schwarzenegger’s office, said that the expiration of the compacts does not necessarily mean that the lawsuit will continue. She said that a clause in the settlement contract gives the Big Lagoon tribe the option to attempt to renegotiate a new compact in the case that the old compact expires.

She declined to comment on the status of the ongoing negotiations but said the "governor stands committed to negotiate in good faith with the tribes" in order to develop a casino in Barstow.

Barstow City Manager Hector Rodriguez said that despite the failure of the compacts the city still supports the development of a casino and particularly supports the BarWest project.

"The casinos are alive and well. The city will be looking at all options to bring a casino to Barstow," he said.

Rodriguez said he would like to see a "more defined strategic plan" created to focus the city’s efforts to lobby for casino development. He said that although the city has already signed agreements with the tribes, the city could do more to support their efforts.

The city needs to advocate in a stronger manner for the casinos. We need to be more proactive in lobbying for any project to bring a casino to Barstow.

Another tribe, the Chemehuevi of Lake Havasu, also have an agreement with the City of Barstow to try to bring an off-reservation casino to Barstow. Rodriguez said that the city could do more to support the Chemehuevi tribe in their efforts to develop a casino in Barstow as well, but that the tribe would need to receive an amended compact with the governor to include the option to build a casino in Barstow.

Representatives of the Chemehuevi tribe did not return calls seeking comment, but have said in the past that the expiration of the Big Lagoon/Los Coyotes compacts could allow them to proceed with their own plans. The Chemehuevis have a application before the Bureau of Indian affairs to place land in to trust, but the application is still pending due to an ongoing environmental review.

Gary Garrison, public affairs specialist with the Bureau of Indian Affairs, said that the expiration of the Big Lagoon/Los Coyotes compacts will not have any effect on the land into trust process. He said that time to complete the process varies, but recent applications have been taking as many as three years. Garrison said the process was complicated because “the Secretary of the Interior, (Dirk Kempthorne) doesn’t want to encourage off-reservation gaming, thinking instead it should be kept on the reservation.”

The federal land into trust process turns the land affected into sovereign Indian territory, necessary for gaming to legally take place on the land.

Garrison said that the land into trust applications of all three tribes are still undergoing environmental review and after this is completed, members of the public will have the opportunity to comment. After public comment, the application will be reviewed by the regional office of the Bureau of Indian Affairs and the Secretary of the Interior would have final say, Garrison said.

Contact the writer:
(760) 256-4126 or mailto:jason_smith@link.freedom.com