Monday, January 14, 2008

Chemehuevi tribe looking at options

1.14.08

Barstow and Chemehuevi officials unhappy with casino rejection.

By David Bell

The Interior Department has said no to a second Chemehuevi casino in Barstow, Calif., but city and tribal leaders are saying the fight isn't over. Barstow officials say they will not allow the issue of off-reservations casinos to die.

In letters dated Jan. 4, Assistant Secretary for Indian Affairs Carl Artman notified the Chemehuevi, Big Lagoon Rancheria and Los Coyotes Band of Cahuilla and Cupeno Indian tribes that the tribes' fee-to-trust applications for land in Barstow was rejected.

And because the land would not then be considered part of the reservation, it could not qualify as a site for a casino under the Indian Gaming Regulatory Act.

Ron Rector, acting City Manager and Director of Economic Development and Redevelopment for the city, said Barstow is reviewing its options and a response will be forthcoming.

"We believe the decision by the (Interior Department) Secretary was just to set a policy," Rector said. "It's a slap in the face of us and the governor."

"We worked with all three tribes for over five years, followed all rules established by Congress and did it all in good faith," Rector said. "We're very disappointed in the Secretary's decision."

But Barstow residents may not share that feeling. Online reader's comments to the Barstow Desert Dispatch story on the Interior Department decision are negative on the issue of Native American casinos.

"This is good news to all Barstonians," wrote the poster identified as "Yipee," while "John" wrote "Barstow doesn't need a casino the council should concentrate on trying to get businesses that are worthwhile Revitalize main street its looking like a ghost town."

Rector said the two casino proposals, the Big Lagoons and Los Coyotes, were partnering on a 40-acre casino project. This would have provided the economic boost the Web poster is looking for.

"The initial investment was about $175 million with 2,000 jobs and $50 million in payroll," Rector said. "There would be indirect expenditures of well over $30 million, and our agreement had us (the city) receiving 4.3 percent of gaming revenue for Class-3 slot machines. We anticipated that at $7 million to $10 million per year."

Chemehuevi Chairman Charles Wood previously said the tribe was looking at options the tribe could take to keep the casino project moving forward.

"Those options include responding with comments to the concerns in the letter, the appeals process and resubmission. Others (tribes) are threatening to sue. I'm not saying we would, but I would hope it wouldn’t come to that," Wood said.

Wood also said the Interior Department failed to recognize the Chemehuevis claim of ancestral ties to the area, the major factor in placing land in trust for a tribe.

"Right now we're in discussions on what will be the right course of action," Rector said. "There will be action taken by the City of Barstow."

In 2003, the Chemehuevi and Los Coyotes tribes approached the Barstow City Council about establishing off-reservation casinos. The city entered into a municipal-services agreement with the Los Coyotes in 2004 that, in 2005, announced plans to partner with the Big Lagoon tribe. Later that same year, Gov. Arnold Schwarzenegger announced approval of a gaming compact between the state and the Los Coyotes and Big Lagoons.

Meanwhile in 2005 the Chemehuevi tribe negotiated a municipal-service agreement with the City of Barstow.

On Feb. 16, 2006 the Chemehuevi tribe submitted the application to acquire in trust a 40-acre parcel of Barstow land and one month later the Big Lagoon tribe and Los Coyotes submitted an application.

Last year Schwarzenegger and the Los Coyotes and Big Lagoons agreed to allow the gaming compact to expire, as it had yet to obtain passage by the state legislature.

You may contact the reporter at dbell@havasunews.com.

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