Slots No Jackpot for Californa; Schwarzenegger says off-reservation casinos not likely in his lifetime

1.20.09

Tribal Slots No Jackpot for California

By Peter Hecht

As California government verges on going broke, one long-promised elixir – Indian casino gambling – is proving to be not such a sure bet...

...But in recent years, some casino deals pushed by Schwarzenegger couldn't pass political muster.

The governor signed a creative, yet controversial deal to allow two poor, isolated tribes from San Diego and Humboldt counties to build side-by-side hotels and 2,000-slot casinos in Barstow in exchange for the state getting 16 percent to 25 percent of profits.

The deal failed in the Legislature amid vehement opposition from powerful Southern California tribes, calling the planned Barstow development – along Interstate 15 to Las Vegas – an egregious case of "reservation shopping."

The Barstow deal was encouraged by Schwarzenegger to settle a lawsuit from an Indian band seeking to build a casino on tribal lands bordering a pristine North Coast estuary and state parklands. The Barstow tribal partnership has since collapsed.

Virgil Moorehead, chairman of the 23-member Big Lagoon tribe, said he is returning to court to build a casino on its Humboldt County land. He said talks broke down with the governor on the tribe's request to build a temporary, 350-slot machine casino in exchange for the state finding an alternative, off-reservation site later.

"He nixed the idea," Moorehead said. "... He didn't think he could get land into trust for off-reservation gaming accomplished in his lifetime. So we're going back to court."... (Original Post)

Los Coyotes tribe split on casino matters

11.01.07

Dispute threatens to split Los Coyotes tribe

by Malcolm Maclachlan

An internal disagreement over whether to continue the relationship with their longtime business partner is threatening to split the Los Coyotes Band of Cahuilla and Cupeño Indians.

The tribe joined with a Detroit-based management company in 2003 as part of their effort to land a casino. After yet another setback in that effort, the tribe's longtime leader wants to sever ties with Barwest LLC and it's owner, Michael Malik. Another faction in the tribe may be on the verge of attempting to oust her, Saubel said.

The result has been a barrage of accusations and counter allegations.

Los Coyotes has been in the news in recent months as the tribe sought to work with another tribe, the Big Lagoon Rancheria, to open a casino in Barstow. (Los Coyotes' reservation is located in San Diego County. Big Lagoon is in Humboldt County.) Saubel claimed that Barwest and Malik "have done nothing" for the tribe except make empty promises.

"Why should we give [Malik] another chance when there are other people who want to help us?" Saubel said. "He's standing in our way."

Saubel said the 300-member tribe is now divided into two approximately equal halves. Her group includes most of the older tribal members, she said. They also remain allied with the investment firm Barronhaus and its principals, Barron Maisel and Gretchen Belli.

The other side is led by a pair of younger tribal leaders, Shane Chapparosa and Tina Johnson. Saubel said this group includes the rest of the Chapparosa family and many of the tribe's younger members. They remain allied with Barwest.

"We are planning on moving forward with Barwest," said Chapparosa, who is listed as the tribe's vice spokesperson. He said he continues to work under Saubel. When told that Saubel had made conflicting statements, he indicated that the dispute could be settled by next week. "We have some internal tribal matters that we need to take care of," Chapparosa said.

Capitol Weekly has acquired numerous and contradictory documents detailing the relationship between Barwest and Los Coyotes. A spokesman for Barwest, Tom Shields, characterized the leaking of these documents as "part of a long line of efforts by people who want to derail this project." One of these documents was a September 28 letter from Saubel to Malik and Barwest, written on tribal letterhead.

"The tribe is in the process of starting over," Saubel wrote. "As part of this new beginning, and at least for the time being, the Tribe will disengage from LCB Barwest LLC."

Shields characterized this as part of an ongoing discussion, and said the tribe never entertained serious offers from any other outside management company. He denied that there was any "dispute" within the tribe.

"There are confidential letters that have gone back and forth between the tribe," Shields said. "It's unfortunate that there are folks out there who feel they need to distribute confidential information."

In another complication, Barwest owns the Barstow land on which the tribe hopes to build their casino. In her letter, Saubel wrote "regardless of whether Barwest comes to work with us again as a developer and casino manager, the tribe hopes to negotiate the purchase of the Barstow real property owned by LCB Barwest."

Shields said that Barwest "provided the financing … part of that is purchasing the land," and the parties still intend to build there. In a Wednesday story in a local Barstow paper, the Desert Dispatch, Malik was quoted as saying he would not sell the land to the tribe if they were no longer working together.

In the meantime, Shields said, the tribe had cut ties with the Barronhaus. This was indicated in an October 17 letter from the tribes official counsel, Joel Bernstein of the firm McDermott Will & Emery. "The tribe voted on October 14, 2007, to sever all business relationships with you. You are not to … represent to any third party that you represent the tribe."

"We had some deep concerns about some of the people who were involved with the tribe," Shields said. "They have severed that relationship."

Not so, said Saubel. She said Barronhaus has "done a good job" and continues to work with the tribe. She said the letter in question was drafted by Bernstein but never sent. When asked how the letter got out, Saubel said she didn't know. However, the tribal offices were broken into over the weekend and numerous internal documents were stolen, she said. Maisel also said that his company continues to work with Los Coyotes.

Barronhaus started working with Los Coyotes in 2002, and actually brought Barwest in the next year, a decision he said was a mistake. He also said a lawsuit filed against them by Barwest in June was a "frivolous" attempt to force them out and that papers were never served. Maisel went on to allege the Barwest was the source of the letters leaked to the media.

"The source is Tom Shields trying to split the tribe in two," Maisel said.

Big Lagoon chairman Virgil Moorehead said that his tribe is no longer involved with the Barstow Casino effort and are going ahead with a solo attempt to build a casino on their own lands, 750 miles to the north. The two tribes had a deal with the state to pursue a shared casino in Barstow, but that expired six weeks ago.

"Since September 17, we're focused on Big Lagoon and our negotiations with the state," Moorehead said.

Senator Patricia Wiggins, D-Santa Rosa, proposed a gaming compact for the tribes this year in SB 157. The bill never moved out of committee and was amended in September to become a measure on licensing wine growers. The Michael Malik Sr. Trust contributed $2,000 to Wiggins' Senate campaign last year.

Saubel said there is a council-only meeting today to discuss the casino efforts--a meeting she was not invited to be but plans to attend anyway. A full tribal council meeting is set for mid-November. Saubel claimed the Malik has "seduced" the younger member of the tribe and called him "the devil himself."

"I was 83 when we started this. I'm 87 now," Saubel said. "I think he's just waiting for me to keel over."

Barwest casino project in chaos ... again

10.31.07

Internal documents indicate strife in casino project

By JASON SMITH, staff writer

BARSTOW — Someone wants people to think that a Barstow casino project has fallen apart.

The Desert Dispatch and other media outlets were recently sent internal correspondence from an unknown source showing that the deal between the Los Coyotes Band of Cahullia and Cupeno Indians and developer BarWest, LLC to build an off-reservation casino in Barstow near Lenwood had been called off. Representatives from both BarWest and the Los Coyotes said that although the internal memos are accurate, both parties are in negotiations, and the project is still moving forward.

BarWest spokesman Tom Shields declined to comment about the internal memos between the tribe and BarWest, and said he’s not sure who leaked the documents.

“The leaking of private correspondence between the Tribe and our business associates is just another underhanded attempt by those who are trying to derail this project. ... We look forward to meeting with the Governor to discuss how we can make this project a reality,” Shields said in a statement representing the Los Coyotes and BarWest on Tuesday.

The Los Coyotes tribe had partnered with the Big Lagoon Rancheria Tribe and BarWest to develop a Barstow casino several years ago. The project was approved by Governor Arnold Schwarzenegger, but the agreements necessary for development stalled in the legislature and expired in September.

In a letter dated Sept. 28 to BarWest president Michael J. Malik, Sr., Katherine Siva Saubel, chairwoman of the Los Coyotes tribe, discontinued the tribe’s relationship with BarWest.

“The tribe is in the process of starting over and will attempt to open discussions with the Governor’s office to obtain a new gaming compact. As part of this new beginning and at least for the time being, the tribe will disengage from LCB BarWest LLC,” the letter stated.

The letter also mentioned the tribe’s desire to negotiate the purchase of the proposed casino site, 47 acres near Lenwood, from BarWest. The developer currently owns the land but must transfer it to the tribe as part of the federal land-into-trust process before the project can move forward.

Malik responded to the letter stating that he was “puzzled” by the tribe’s decision and said the land was not for sale.

“Our willingness to transfer that property to the Tribe is part and parcel of having a relationship as the Tribe’s Developer and Manager. The use of that property is also contingent on agreements with the Big Lagoon Rancheria, which still holds the key to Barstow,” he wrote in response.

The letter also stated that BarWest had spent millions on the Barstow project and blamed employees of the investment bank BarronHaus, for trying to “disrupt” BarWest’s relationship with the tribe and “sell the project to other developers.”

Los Coyotes contracted with BarronHaus in May 27, 2003 to perform financing for a gaming facility in California. On Oct. 14, the tribe severed all ties with BarronHaus, according to a representative from the tribe.

On June 21, 2007, BarWest sued BarronHaus in California Central District Court to stop the investment bank’s affiliation with the casino project, said BarWest spokesman Tom Shields. Employees of BarronHaus did not respond to calls seeking comment.

Shane Chapparosa, spokesman for the tribe, said that although BarronHaus employee Gretchen Belli was once an assistant to tribal council member Kevin Siva, the firm is no longer affiliated with the project. Siva, who had served as a spokesman for the tribe and the project and had spoken about the project at Barstow City Council meetings, is no longer a member of the tribal council, Chapparosa said.

Citing “internal matters of the tribe” Chapparosa declined to provide details, but said that the tribe did end its contract with BarWest after the tribe’s compact with the governor expired in early September 2007. He said the tribe plans to continue to work with BarWest to bring a casino to Barstow.

“We are putting everything back into place — the arrangements with the developer BarWest, the City of Barstow and the governor,” Chapparosa said.

He said that the Los Coyotes may continue to collaborate with the Big Lagoon Rancheria tribe on the Barstow project, but this is uncertain as Big Lagoon is proceeding with casino development plans on their Humboldt county reservation.

“That would be up to Virgil (Moorehead, Big Lagoon’s chairman), as he has his own agenda,” Chapparosa said.

Big Lagoon Rancheria Tribal spokesman Jason Barnett said that Big Lagoon recently sent a letter to the governor to begin negotiations to build a casino on their Humboldt County reservation, but may continue with the Barstow project.

“As Chairman Moorehead said, ‘If Barstow is not in play, the tribe will consider it’s options back in Humboldt county’,” Barnett said.

He said that despite the Humboldt development, the tribe has not given up on building in Barstow.

“Barstow is still in play because we think and the state thought that it is the best location for the tribes and the city," he said.

Barnett said that he couldn’t comment about the relationship between BarWest and the Los Coyotes, but said that the Big Lagoon Rancheria tribe is committed to working with both parties on the Barstow project.

Barnett said that all three parties are working with the Bureau of Indian Affairs to put the land for the proposed Barstow casino into federal trust, a neccesary step before the project can move forward.

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Moorehead focuses on Big Lagoon, blames Schwarzenegger for Barstow failure; Wiggins won't author bill to build a casino at Big Lagoon

9.29.07

Casino at Big Lagoon back on the table

Jessie Faulkner
Eureka Times Standard

BIG LAGOON -- The Big Lagoon Rancheria is bringing its casino project back home after two unsuccessful legislative sessions attempting to get the go-ahead to build in Barstow.

Big Lagoon Rancheria Chairman Virgil Moorehead said Friday that negotiations with the state will begin Oct. 5 to build a gaming facility on the tribe's lands on the south side of Big Lagoon.

The decision to bring the proposed casino back to the North Coast follows the end of the 2006-07 legislative session without action on the gaming compact allowing Big Lagoon to open a casino in Barstow. That was the tribe's second attempt to get the September 2005 compact ratified.

In the 2005-06 session, the bill made it to committee but was voted down. This past session, even that step alluded the Rancheria.

The Barstow compact was part of the settlement agreement of the tribe's case against the state alleging bad faith negotiation. Without ratification of the much-heralded compact, the Rancheria is back to negotiating for the Big Lagoon site.

Moorehead said the only way the Rancheria would consider pursuing the Barstow compact at this point is if tribal members, the governor, the state Senate pro tem and the Assembly speaker all got together and said the Rancheria could build a casino in Barstow.

”It doesn't mean anything for the governor to sign an agreement,” Moorehead said.

Throughout the process, the Rancheria chairman has criticized the governor for not supporting legislation to ratify the compact.

Shortly after signing the Barstow compact in fall 2005, Gov. Arnold Schwarzenegger said in a news release that the agreement brought an end to “many years of litigation and ensured that Big Lagoon will be protected for generations to come.”

Aaron McLear, the governor's press secretary, said that they do not comment while a gaming compact is being negotiated, but the governor will attempt to find a solution that works for the tribe, the community and the state.

Moorehead said the settlement agreement specifies 120 days of negotiation for a new compact. If that doesn't materialize, then it's back to court on the original bad-faith negotiation charge.

State Sen. Patricia Wiggins' spokesman David Miller said the senator won't be sponsoring legislation for a compact allowing a casino on Big Lagoon. Wiggins had sponsored the second bill for the Barstow compact.

Moorehead said it's been more than a little frustrating.

”We're basically back to where we started,” he said.

Jason Barnett, a spokesperson for the Big Lagoon Rancheria, said the tribe's leadership has taken steps to mitigate concerns about building a casino on the shores of the lagoon, one of a few on the West Coast.

Meanwhile, the Rancheria's application to bring the Barstow land into trust -- granting all rights that come with native lands -- remains in process. The intent, Barnett said, is to keep all options open.

”Clearly,” Barnett said, “Virgil's in it for the long-term.”

Jessie Faulkner can be reached at 441-0517 or jfaulkner@times-standard.com.

Barstow Casino still elusive; gaming Compacts unratified

9.24.07

Casino still elusive
Lawmakers end session without ratifying compacts for tribes' project

Joe Nelson, Staff Writer
San Bernardino County Sun

This year's legislative session came and went, and two California Indian tribes hoping to embark on a joint casino project in Barstow are still missing the key component - ratified gaming compacts.

An eleventh-hour media campaign launched by the Big Lagoon Rancheria tribe of Humboldt County and the Los Coyotes Band of Cahuilla and Cupeno Indians in San Diego County to try to sway legislators to ratify the compacts was unsuccessful.

The legislative session ended Sept. 12 without ratification.

"The governor was disappointed the Legislature convened without ratifying these compacts," said Sabrina Lockhart , spokeswoman for Gov. Arnold Schwarzenegger.

Both tribes are pushing to build a joint casino project - Barstow Casinos and Resort - in the city of Barstow.

The project has been received with open arms by the city and is supported by the governor and environmental groups.

But after two years of waiting and compacts still not ratified, the tribes may wind up going their separate ways.

Big Lagoon chairman Virgil Moorehead sent a letter this week to Schwarzenegger with a request to negotiate a compact so it can possibly build a casino or other facility on its reservation, said Jason Barnett , a spokesman for the tribe.

"We hope to hear from the governor's office soon on that. Meanwhile, Big Lagoon is keeping all its options open," said Barnett, adding that the tribe is not giving up on the proposed Barstow project.

"If the governor were to come to us with a creative solution he felt would get approved by the legislature for Barstow, the tribe would certainly be open to it."

Schwarzenegger and environmental groups are pushing for the Barstow casino project to become a reality for the tribes because it would mean Big Lagoon would not build on its ecologically sensitive reservation.

The 20-plus acre Big Lagoon Rancheria reservation sits on the Northern California coast and supports the largest estuary in the state.

It provides habitat to many endangered plant and animal species.

"These agreements are a creative solution for avoiding the construction of a casino on California's coast and alongside a state ecological preserve," Schwarzenegger said at the time the compacts were negotiated in September 2005.

But efforts by Big Lagoon and Los Coyotes have been met with fierce opposition by other wealthy gaming tribes, primarily the San Manuel Band of Mission Indians near Highland who argue that neither Big Lagoon nor Los Coyotes have ancestral ties to the Barstow area and therefore shouldn't be allowed to build a casino there.

Big Lagoon and Los Coyotes, however, feel San Manuel is more interested in eliminating competition than protecting what they said are Serrano ancestral lands.

The Indian Gaming Regulatory Act allows tribes to build casinos off their reservations as long as they are not met with opposition and do not adversely impact the areas where the casinos are proposed to be built.

San Manuel is lobbying to amend that law to require tribes to have ancestral ties to the land where they wish to build casinos.

The city of Barstow estimates Barstow Casinos and Resort would generate 3,700 jobs and $6 million in revenue to the city annually.

Barstow Mayor Lawrence Dale said while the city is in full support of the project, whether the plans come to fruition rests in the hands of the state and the tribes.

"We're just going to sit back and see what's going to take place," Dale said. "We are still very interested in having a casino in Barstow. We think it would be a good economic boost to our community. We haven't given up, or I haven't given up."

Lockhart said the governor has until Oct. 12 to act on several hundred pieces of pending legislation.

There is no word on whether he will extend the compacts of the two tribes, which expired at midnight Sept. 17.

She said the onus is on the tribes to contact the governor and request a meeting to negotiate new compacts.

"If they approach us and want to renegotiate, we're more than happy to sit down and talk to them," she said.

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.

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Barwest, Barstow Mayor still blaming others rather than admitting their scheme was flawed from the beginning

9.12.07

Barstow casino compacts fail to pass state legislature


By JASON SMITH, staff writer
Editor's note: This is an updated version of a story originally posted Wednesday afternoon.

BARSTOW — The state Senate adjourned for the 2007 legislative session at 3:30 a.m. on Wednesday and failed to approve the agreements necessary for the Big Lagoon Rancheria and Los Coyotes Indian tribes to build a casino in Barstow.

The Barstow casino compacts, signed by the governor on Sept. 9, 2005, will expire if not passed by both houses of the state legislature by Sept. 17, 2007. Tuesday was the last day for the senate to pass any legislation.

Tom Shields, spokesman for BarWest, LLC. blamed the failure to pass the contract on "wealthy Indian gaming tribes" and said the "legislature failed to do the right thing."

He said that the project had the support of Barstow city officials, Indian tribes and major environmental groups who are opposed to the Big Lagoon tribe building a casino on a environmentally sensitive lagoon on their Humbolt County reservation.

"The tribes are disappointed that the legislature chose to make the wealthy tribes richer and leave the Los Coyotes tribe to fend for themselves. This project made a tremendous amount of public policy and environmental sense," he said.

He said that the tribes and BarWest have not decided if they will seek extensions for the compacts to be considered for year’s legislative session but that the failure to ratify the compacts does not mean the death of the project.

"We really don’t know what will happen; it will depend on how the tribes decide to proceed," he said.

Mayor Lawrence Dale, a longtime supporter of the BarWest casino development, said he was "extremely disappointed" in the failure of the legislature to pass the compacts. He disputed claims that the involved parties didn’t try hard enough to lobby the legislature to support the cause.

"I think BarWest and their lobbyists did everything they could, but there was powerful opposition," he said.

Dale said that he’s hoping that the city can meet with the tribes and the governor’s office to find some way to continue the project.

He said that though all options would be considered, the compacts required the support of both tribes involved.

"We need the Big Lagoon to be part of this project in order to move forward," he said.

Virgil Moorehead, chairman for the Big Lagoon tribe, was unable to be reached for comment Wednesday but said in May that he would not support an extension. His tribe has been fighting to build a casino for six years and has been involved with the Barstow casino for two years. Moorehead previously said the tribe had the option to walk away from the whole project when the land into trust deadline approached but agreed to the Sept. 17 extension, making it clear this would be the last.

"If it doesn't make it by September 17, there's no deal," he said in May 2007.

Despite those statements, tribal spokesman Jason Barnett, said Wednesday that the tribe will consider all its options and won’t necessarily withdraw its support for the Barstow project.

"I don’t think the tribe would close the door on any opportunity to provide for itself," he said.

Sabrina Lockhart, spokeswoman for governor’s office, said that the governor was "disappointed by the legislature’s failure to approve the compacts."

She said that although the expiration date for the compacts is fast approaching, the governor continues to support the development of a casino in Barstow.

"We’ll be talking to the tribes and discussing our options of what happens next. This is something we will continue to strive for," she said.

She did not rule out the possibility of extending the deadline for the compacts to be approved by the legislature and said that meetings were planned with the tribes.

Barstow’s state senator Roy Ashburn blamed the failure to pass the compacts on a "noticeable lack of will on the part of the governor." He said that although he would consider sponsoring the compacts next year in the legislature, he expected that fierce opposition would continue.

"I think Barstow is too easy a target for wealthy Indian gaming tribes and non-Indian gaming interests from Las Vegas and the horse racing industry," he said.

He said that he advocated a strategy of bundling the Barstow compacts together with the compacts of other wealthier tribes in order to reduce opposition, but that such a move would require the support of the governor.

"We need the governor with his horsepower against the tribes," he said.

Some observers had predicted the defeat of the compacts. A bill to approve the compacts was introduced in January, but the bill was never voted on by the full Senate during the 2007 session. A similar bill to pass the compacts in the state Assembly failed in 2006. The original sponsor of the bill to pass the agreements, Senator Patricia Wiggins, D-Santa Rosa, amended the bill on Sept. 7 and deleted the language related to the Barstow casino, replacing it with an unrelated bill concerned with alcoholic beverages.

Although Gov. Arnold Schwarzenegger has called for two special sessions of the legislature for later this year, these sessions will only discuss health care reform and water safety issues and the Barstow compacts will not be considered, said Alicia Tross, spokeswoman for Senate President Don Perata, D-Oakland.

Shirley Smith, vice-chairwoman for the Chemehuevi tribe, said she hopes the failure to pass the compacts will allow her tribe to proceed with its own casino development plans.

"We hope that this the opens up the door for us. We have requested negotiations with the governor’s office and hope that at the city, Mayor Dale and council member (Julie) McIntyre will work earnestly with the tribe to bring our casino to Barstow," Smith said.

Former City Council member Manuel "Gil"Gurule said that expected the compacts to fail and advised the city to support the Chemehuevi tribe.

"If we’d had the chance with the Chemehuevis, then we’d have a casino by now," he said.

Gurule has supported the Chemehuevi tribe and sponsored Measure H on the 2006 ballot. The measure would have created a zoning district for casinos that included the property on which the Chemehuevi want to build a casino, but not the land for the Los Coyotes/Big Lagoon project. The measure failed.

Larry Halstead, a frequent speaker at City Council meetings and critic of the BarWest project, said he wasn’t surprised at the failure to pass the compacts.

"They were an absolute non-starter all along. What people need to understand is that they were doomed from the beginning. This is the worst case of reservation shopping ever," he said.

Halstead, who has frequently supported the Chemehuevi Indians, said he opposed the Big Lagoon/Los Coyotes compacts because “they don’t have ancestral ties to the area."

Halstead said that though he received a $2,500 campaign contribution in the past from the San Manuel Indian tribe, he was not an agent or employee of any tribe.

Clock running out on previously rejected gaming Compacts

9.06.07

Time is running out for Barstow compact
Jessie Faulkner/The Times-Standard

Patience and extensive lobbying have not moved the Big Lagoon Rancheria's gaming compact any closer to ratification.

On Wednesday, Rancheria Chairman Virgil Moorehead, representatives from the Los Coyotes Band of Cahuilla and Cupeno Indians, state Sen. Patricia Wiggins, city of Barstow officials and others gathered in Sacramento to launch a media campaign designed to get the attention of legislative leaders.

Under the gaming compact, signed by the governor on Sept. 9, 2005, both the Big Lagoon Rancheria and Los Coyotes would be allowed to open casinos in Barstow. The arrangement, the first to allow construction of an Indian casino away from tribal lands, would prevent construction of a casino along the shores of Big Lagoon.

Both tribal entities have applications before the U.S. Bureau of Indian Affairs to bring the Barstow land into trust.

The gaming compact is the settlement agreement of Big Lagoon's bad-faith negotiating lawsuit against the state. If the gaming compact is not ratified by Sept. 17, Big Lagoon's chairman has pledged to go back to court.

The campaign will begin today with television ads airing on cable television in Sacramento, Oakland and Los Angeles, according to Big Lagoon spokesman Jason Barnett.

Organizers are hoping the campaign will prompt residents to urge Assembly Speaker Fabian Nunez and Senate President Pro Tem Don Perata to bring the gaming compact -- Wiggins' Senate Bill 157 -- to the legislative floor for action.

"This is a legislative leadership issue," Barnett said. "If (they) wanted it on floor, they could make it happen."

To date, the bill has not made it out of the rules committee.

"This is the last opportunity we have to avoid development on an environmentally sensitive habitat in Humboldt County,” said Wiggins, who represents the North Coast, in a release. “If the Legislature doesn't ratify these compacts, the Big Lagoon Rancheria will have the sovereign right to negotiate for gaming rights on their tribal land."

During the 2006 legislative session, a bill to ratify the gaming compact -- then sponsored by former state Sen. Wesley Chesbro -- was voted down in the Assembly Committee on Governmental Organization, but with the proviso that the item could be brought back.

The primary stumbling block both during both legislative sessions has been opposition from other gaming tribes opposed to the compact's more liberal labor language and the higher-percentage of casino revenues earmarked for the state.

"We're running out of time,” Barnett said, “we're running out of options."

If the gaming compact is not ratified, Moorehead has pledged to build a casino on the tribal land at Big Lagoon. The first step in that process may be alleging that the state negotiated in bad faith.

Jessie Faulkner can be reached at 441-0517 or jfaulkner@times-standard.com.

Big Lagoon Rancheria chairman intended to operate online gambling venture

Records on file with the Securities and Exchange Commission indicate that Virgil Moorehead had previously entered into a contract with InterBet, Inc., a Nevada based corporation, to have the Big Lagoon Rancheria licensed to conduct internet gaming; namely online Bingo for cash and possibly other games as might be allowed under IGRA.

InterBet agreed to pay all costs associated with the establishment and operation of the enterprise, and to pay to the Tribe no less than sixty percent (60%) and no more than seventy percent (70%) of net proceeds.

KGO ABC7 Video: Indian Tribe Battles To Build Casino (7/24)

Indian Tribe Battles To Build Casino (7/24) There is a battle taking place over a pristine aquatic sanctuary on the california north coast. it's a place called Big Lagoon, north of Eureka, and it's home to small tribe of native americans who want to build a casino and the clock is ticking. what's holding up the protection of one of california's coastal treasures. You'll need a version of Windows Media Player 7 or higher to view the video. If you need to download it, go to http://www.microsoft.com/windows/mediaplayer/en/default.asptarget=_blank The video player is supported by Microsoft IE 5.0 and above.

KQED's Myers understands circumstances of Big Lagoon's failed deadlines and recognizes Tribe's in triple overtime

as posted 5.31.07 by KQED's JohnMyers at Capitol Notes:

Barstow Casino Deal: Extra Innings

The plan for side-by-side casinos in Barstow could have gone belly up today, as a legal settlement crucial to the proposal was set to expire.

But this afternoon, that settlement was extended -- even though the casino projects in question still face an uphill battle in the Legislature.

As we reported earlier this week, the proposal for casinos owned by the Humboldt County's Big Lagoon Rancheria and San Diego County's Los Coyotes Band of Cahuilla and Cupeno Indians remains in limbo at the state Capitol. Neither tribe believes they can open a gambling facility on their respective reservations, and signed an agreement with Governor Schwarzenegger in 2005 to open casinos in Barstow.

That agreement ended a legal battle in the case of Big Lagoon, where the state has argued that the tribe's coastal reservation is too environmentally fragile for a casino.

But the court settlement was set to expire today. And late last week, Big Lagoon chairman Virgil Moorehead sounded reluctant to keep waiting on the Barstow project.

Now, he's decided to give it one more shot-- an extension of the settlement that will expire on September 17. If the Legislature fails to ratify the two tribes' formal gaming compact by then, Big Lagoon is likely to resume its efforts to build a casino up north... while Los Coyotes would probably have to go back to the drawing board.

Cliched as it may be, the extension of the settlement is a high-stakes gamble. Several powerful Indian gaming tribes in southern California oppose the Barstow plan, arguing that it sets a bad precedent of off-reservation gaming. And the proposal currently sits in the Senate, and doesn't appear to be moving.

In fact, the chairman of the committee that oversees Indian gaming was emphatic last week that the Barstow project isn't on his immediate radar.

"We probably will see that particular compact coming up maybe early next session, but not this session," said Sen. Dean Florez (D-Shafter).

If that's the case, today's announcement won't do much good. But others at the Capitol say a deal may still develop... hence, the need for extra time to make such a deal happen.


NOTE: John Myers is the only reporter to cover this story in the last week who understands the complexity of the situation.

Big Lagoon Rancheria has failed to have Barstow land owned by its Detroit backers transferred into Trust with the Department of Interior by May 31 -- a deadline provision in the Gaming Compact the tribe negotiated with Governor Schwarzenegger in 2005. As such, the Compact, which has failed to win ratification from the Legislature the last two years, would be considered null and void at this point.

And under provisions in the companion "Settlement Agreement" between the State and Big Lagoon Rancheria that was intended to restrict future development on the tribe's Humboldt County reservation; if the Compact (section 14.2) is deemed null and void for failure to meet such deadlines, then the terms of the Settlement Agreement (section M.18.f) are no longer enforceable.

If in fact the Governor has agreed to any extension of the May 31 deadline, it is purely to keep the Settlement Agreement active because as both Virgil Moorehead and Barwest's Tom Shields have acknowledged there is little chance the Tribe will complete the Fee to Trust transfer of the land prior to September 17, the apparent date of the extension. There has been nothing from the Governor's Office to validate what Barwest is spinning publicly.

Despite spin, Tribe's chairman sought extension after failing to meet Governor's gaming agreement deadline

5.31.07

Tribes, governor agree to extension keeping hope of Barstow casino alive

Today's deadline is extended to September


By AARON AUPPERLEE
Staff Writer

BARSTOW - Despite the expiration of a federal deadline for the off-reservation casino project in Barstow, an agreement reached between the Big Lagoon Rancheria and Governor Arnold Schwarzenegger will prolong the life of the compact for more than three months.

Today marked a deadline for land south of the Barstow Outlets mall to be taken into trust by the federal government, made into reservation land, and deemed eligible for gaming for a proposed casino resort involving two California tribes and a Michigan developer.

Virgil Moorehead, chairperson for Big Lagoon, said that he agreed to extend the land into trust deadline with the state until September 17 and keep fighting for a casino in Barstow for a few more months.

"The land into trust isn't going to happen, we know that," Moorehead said. "We've decided to give the state and the legislature more time."

David Miller, a spokesman for compact sponsor State Senator Patricia Wiggins, D-Santa Rosa, said the extension gives the compact a bit of breathing room. The compact, reintroduced into the legislature by a bill sponsored by Wiggins, currently awaits an informational hearing in the Senate Government Organization Committee. Miller said that hearing might not occur until other casino compacts before the legislature clear the Assembly.

Moorehead, however, is growing weary of the process. After fighting for a casino for the Big Lagoon for nearly six years, the prospect of future delays and extend deadlines frustrates him. Moorehead said the tribe had the option to walk away from the whole project when the land into trust deadline approached but agreed to the extension, making it clear this would be the last.

"If it doesn't make it by September 17, there's no deal," he said.

After the September deadline, Moorehead said he would pull the plug on the Barstow project and begin negotiating for a casino on the tribe's reservation on an environmentally sensitive lagoon in Humboldt County. Government officials and environmental groups across the state do not want to damage the area with a casino and offered land in Barstow as an alternative.

The Governor added Big Lagoon to ongoing negotiations with the Los Coyotes Band of Cahuilla and Cupeno Indians, whose reservation land in rural San Diego County could not support a casino, for an off-reservation casino. By law, every Indian tribe in the state is allowed to operate a casino.

Wiggins re-introduced the compact into the legislature in February and it has since sat waiting for a hearing in the Government Organization committee. Senator Dean Florez, D-Shafter, the chairman of the committee, said he has delayed a hearing on the compact until the completion of the land in trust process.

The process, which normally takes two years, is in its 18th month, said Tom Shields, a spokesman for the casino project. He expects to have a draft of the document, similar to an environmental impact report, ready by the end of summer.

http://www.desertdispatch.com/news/casino_692___article.html/land_barstow.html

NOTE: Apparently the May 31, 2007 deadline to take the land in Barstow currently owned by Detroit casino syndicators into trust for the tribes has been extended through September 17; however, both Virgil Moorehead and Tom Shields indicate here that they won't have the land transferred into trust by that date either.

Tribal leader backpedals on threat to abandon Barstow

5.31.07

Big Lagoon Rancheria signs Barstow extension

Jessie Faulkner
Eureka Times Standard

BIG LAGOON -- Holding on to the hope that the state Legislature will take action, the Big Lagoon Rancheria announced Wednesday that it has signed an extension to its gaming compact.

This means that the state Legislature has until Sept. 17 -- the last day of the legislative session -- to ratify the tribe's gaming compact. Sen. Patricia Wiggins is sponsoring Senate Bill 157.

”We're just trying to get it through the legislature,” Big Lagoon Rancheria Chairman Virgil Moorehead said.

Under provisions of the compact, Big Lagoon Rancheria will open a casino on the outskirts of Barstow -- the first such agreement to allow gaming away from tribal lands. When signed in September 2005, the compact was hailed as a proactive move to protect the sensitive Big Lagoon environment.

However, that fact has not won out -- at least so far -- against lobbying from larger gaming tribes objecting to provisions dedicating a higher percentage of gaming revenue to the state and making it easier for employees to unionize.

Moorehead noted that the Rancheria has some agreements with labor unions who are lobbying on behalf of the tribe's gaming compact. While Moorehead said the Rancheria has been assured that the Governor fully supports the compact, he noted there's been little lobbying effort from that office.

The immediate goal is to get a committee hearing for the compact -- a necessary step before the measure can advance to the Senate floor. Thus far, no hearing date has been scheduled, according to a spokesperson for the Governmental Organization Committee.

David Miller, Wiggins' press secretary, said there has been an indication from legislative sources that it may be best to wait until the Assembly approves the five gaming compacts currently under consideration before scheduling a hearing on Big Lagoon's agreement.

”That could be as early as a couple of weeks,” Miller said.

Unlike most state legislation, gaming compacts are considered similar to memorandums of understanding and are not subject to the May 31 deadline for passing legislation out of committee.


Jessie Faulkner can be reached at 441-0517 or jfaulkner@times-standard.com

http://times-standard.com/local/ci_6027890

NOTE: This story fails to recognize that the Gaming Compact agreement had a built in May 31, 2007 deadline which the tribe and it's Detroit backers have failed to meet and will not complete by September 17, 2007 (the new extension) either:

"If the 25 Acre Parcel is not taken into trust and determined eligible for Class III Gaming pursuant to section 20(b)(1)(A) of IGRA prior to May 31, 2007, the Compact shall be deemed null and void unless the Tribe and the State agree in writing to extend the date."

http://haloscan.com/tb/timesstandard/6027890

Mayor doing damage control for gaming syndicators says casino deal not yet a bust

The Eureka Times Standard reported "Big Lagoon's Barstow casino project a bust?" on May 20th following an interview with Big Lagoon tribal Chair Virgil Moorehead.

Moorehead had indicated that if the tribe didn't have a hearing before the CA Senate Committee overseeing Indian Gaming by May 24, he would abandon plans for a Barstow casino and resurect the tribe's plans for a modest casino at home on their Humboldt County Reservation. It appears that was another in growing list of idle threats the tribe's chairman has made over the last five years.

Attempting once again to quiet rumors that the casino project had hit a fatal milestone, Barstow Mayor Lawrence Dale reports a conversation he has had with representatives of the Detroit casino syndicators (Barwest). The statement they prepared for him is flawed, but listen for yourself.

Barstow Mayor Lawrence Dale fronting for Detroit casino syndicators

attempts to quiet headlines suggesting dual off-reservation casinos deal is a bust

The tribe has a gaming agreement signed by Governor Arnold Schwarzenegger two years ago which the legislature has refused to ratify since. An Assembly committee voted to deny ratification to the agreement in June 2006.

The agreement includes a May 31st deadline that the tribe has failed to meet by which the Interior Department was to have taken land in Barstow owned by Detroit Casino syndicators into trust for the tribe's proposed casino. Current Interior Secretary Dirk Kempthorne is not likely to approve any such move during his tenure.

An extension of the May 31st deadline through August 2007 buys nothing as the tribe will still not have the land in Barstow taken into trust by that time.

Through Barstow's Mayor, the Detroit casino syndicators are suggesting that Governor Schwarzenegger has agreed to make modifiactions to the agreement he signed with the tribe in 2005. Subsquently the Governor has approved and is backing other gaming compacts that are anticipated to bring $500 million in new and much needed revenue each year to the state; the Big Lagoon tribe and its Detroit backers have worked to block those agreements.

NPR Reporter delivers half the story

as posted 5.29.07 by KQED's JohnMyers at Capitol Notes:

Two Casinos, One Problem

For almost two years, a pair of Indian tribes have watched their gaming agreements sit in limbo in the Legislature. And time may be running out.

On this morning's edition of The California Report, my story examines the status of the gaming agreement that would allow two tribes to open side-by-side casinos in the desert city of Barstow. Of course, neither of those tribes-- San Diego County's Los Coyotes Band of Cahuilla and Cupeno Indians or Humboldt County's Big Lagoon Rancheria-- hails from Barstow.

And that's been the problem.

The gaming compact, signed by Governor Schwarzenegger in 2005, has been criticized as a precedent that would pave the way for additional off-reservation gaming in the state. And those same critics say it's simply not enough that the tribes, the governor, and Barstow city leaders all back the proposal.

Still, the two tribes have pushed on in their efforts to gain support for the deal in the Legislature... maintaining that their respective tribal lands aren't a good fit for casinos, and that a new site is crucial. In the case of Los Coyotes, the reservation is in a mountainous, remote region... away from almost any real roadway. And in Big Lagoon's case, the Barstow plan is the solution to a long running legal battle... with the state and environmental groups arguing that the coastal Humboldt reservation has too fragile of an ecosystem for a casino.

It's that legal battle that may threaten the deal in the short term.

Big Lagoon must decide in the next two days whether they want to extend the court settlement, and keep cajoling legislators for the Barstow deal. Chairman Virgil Moorehead said late last week he's not sure he wants to keep waiting.

Moorehead said he's particularly unhappy that while his agreement has sat in limbo for almost two years, gaming expansion deals for other tribes have been on a relatively fast track at the Capitol this spring. "We can't even get a hearing scheduled," he said.

The bill carrying the Barstow compacts is in the Senate, and Sen. Dean Florez (D-Shafter) says he remains concerned about the off-reservation gambling issue.If Big Lagoon walks away from the settlement of the environmental lawsuit, then it's likely his tribe's quest for a casino heads back to court.

Meantime, the people of Los Coyotes wonder whether this is what voters really intended when they approved Indian gaming. Francine Kupsch is a member of Los Coyotes whose economic struggles were the subject of one of those TV ads for Proposition 5 in 1998. Nine years after she appeared in that ad, she and her tribe are still waiting.

"We're still here, waiting to be heard," she said. "That's what we want. We want to be heard."

You can hear the story this morning on public radio stations statewide. Audio will be online later in the day.

You may also want to review these posts:

• Tribe's off-reservation casino project appears to be a bust; fails again to make progress at state and federal level
• Secret deal would at least double size of tribes' twin casino mega resort holdings
• Gov. Schwarzenegger can't be pleased that Detroit Casino syndicators have joined with Labor to block his plans
• Tribes will fail to meet Schwarzenegger's deadlines
• Another tribe accomplishes what Marian Ilitch's Team (Barwest) says is 'impossible'
• Impoverished Northeastern San Diego Tribe proves it can be done; celebrates opening of County's newest casino resort
• By mandate, CA tribes must use Detroit casino developer or abandon project
• Schwarzenegger aide Andrea Hoch doesn’t have a clue!
• What would a 40-mile radius 'competition-free' zone around downtown Los Angeles look like?
• Casino developer may have mislead Schwarzenegger's negotiator to get approvals for twin casinos
• Detroit casino developer quietly paid Tribes' $111k lobbying bills
• Compacts for non-gaming tribes being considered in California present inequities
• Barstow gaming compacts aren't fair, equitable or justifed when other tribes are held back
• Despite gaming agreements, Tribe could pursue commercial development at Big Lagoon
• 'Disadvantaged' Tribe has amassed additional property valued at $2.65 million
• Coastal Commission exec calls Lagoon "untouched natural resource," unaware the former bombing target range is on USACE/DTSC toxic clean up lists
• Even without Casino, Humboldt Tribe’s Standard of Living is four times greater than most California families
• Big Lagoon Bombing Target
• Casino developer's fear of competition drives them to push for Barstow
• Barstow Casino Billboard - picture's worth a thousand words

Gaming Compact Previously Voted Down in Assembly Remains 'Stymied' in Senate Rules Committee

from a Eureka Times-Standard story 04.20.07, "State Senate approves Yurok gaming compact" by writer Jessie Faulkner:

...Meanwhile, Big Lagoon Rancheria's gaming compact -- signed in September 2005 -- isn't making much progress with its second attempt at legislative ratification. [Senator Patricia] Wiggins introduced SB 157 to ratify the nearly two-year-old compact, but the legislation remains stymied in the rules committee as of Thursday, according to Susan Boyd of Wiggins' office.

The compact would allow Big Lagoon Rancheria to open a casino in Barstow.

During the 2005-06 legislative session, the legislation was voted down by the Assembly Governmental Organization Committee, but the door was left open for a second vote. That never happened.

Big Lagoon Rancheria Chairperson Virgil Moorehead has said the Rancheria plans to return to its original plans of building a casino on the shores of the lagoon if the current gaming compact is not ratified.

Even without Casino, Humboldt Tribe’s Standard of Living is four times greater than most California families

Life is often about trade-offs. But few have these kinds of advantages.

Million Dollar Trust Funds

The family that makes up the small Big Lagoon Rancheria tribe (24 members) in Humboldt County gets $1,100,000.00 annually, tax free, from trust funds pro­vided by California’s established gaming tribes – no expectations, no strings at­tached.

Virgil Moorehead, family patriarch, and those behind his $168,000,000 casino plans for Barstow (750 miles away) characterize the gaming tribes as “greedy;” even though he gets more than $45,000.00 per year for each adult member of his tribe from those other tribes.

Wouldn’t you like to get $45,000 per year for each adult member of your extended family, free and clear, without any expectations?

Million Dollar Historic Hotel & Sports Club

Outside of the trust funds the Big Lagoon Indians get from other tribes, the Moorehead clan has wisely taken advantage of grant programs and other opportunities to establish commercial ventures in Hum-boldt County.

Among those businesses, they own and manage the historic Hotel Arcata, reportedly generating $925,000.00 per year with an assessed value at $1,066,629.00; and they have announced plans for a commercial gym and fit­ness facility. The tribe has recently reported its intent to purchase 16 more acres of prime coastal property adjacent to its 20-acre reservation.

Given those circumstances, the Rancheria family’s combined annual revenues are certainly well over $2,000,000.00; a significant percentage (the $1.1 million trust funds) tax free and no property taxes on their 20-acre prime coastal reservation lands.

The median household income in California is $48,000.00 per year, before taxes; nationally it’s $43,000.00. The Census Bureau indicates the poverty level is $16,000.00 per year for similar sized households.

$192,000 Household Incomes

Following the Census Bureau’s household model, if there were ten similar “households” on the Rancheria (and according to actual Census records there are), their equivalent average household incomes would have to be $192,500.00, before taxes; that’s more than four times greater than the average California family and twelve times greater than the national poverty level.

And on top of that, the Moorhead clan is blessed to make their homes near one an­other, on 20-acres perched on the beautiful Big Lagoon shoreline and within walking distance of the Pacific Ocean – their oppor­tunity: nearly priceless, given most equiva­lent properties along the California coastline have already been subdivided by private in­terests or taken into public trust.

Billionaire Casino Partners

Now consider this, Forbes Magazine estimates the Detroit Family (Mike & Marian Ilitch and their seven children) bankrolling the Big Lagoon Rancheria’s casino plans are worth $1.5 billion, own multiple homes, sports teams, private planes and more.

Who’s “Poor;” and who’s “greedy?”

Moorehead and operatives for his Detroit casino syndicators characterize the Big Lagoon Rancheria as “poor” and without opportunity. They say, the other tribes are “greedy.”

You be the judge.

Verifiable Truth: The Big Lagoon Rancheria purchases 16 acres? So they say ... Really? or just another veiled threat, attempt create leverage for negotiating advantage

Barstow not Tribe's first choice for casino development but Big Lagoon's leader says he'll make visits from time to time

From story originally posted in Desert Dispatch 04.16.05:

... Barstow definitely isn't the Big Lagoon Rancheria's top choice for a casino location ... tribe is going along with plans for a project here anyway, the tribal chairman said ...Virgil Moorehead, chairman of the 18-member Big Lagoon Rancheria from Humboldt County, said his group's preference is to build at home, near the lagoon that the tribe gets its name from ... Big Lagoon is nevertheless pursuing a partnership with the Los Coyotes Band of Indians ... and developer BarWest LLC on a casino project in Barstow ... The tribe would keep its existing land in Humboldt County, but wouldn't be able to build a casino there ... governor's gaming negotiator suggested the prospect of a partnership between the two tribes ... one casino for both of them ... Moorehead wasn't satisfied with the shared casino plans ... he walked away from the deal ... two separate casinos ... own state gaming compact and municipal services agreement with the city ... Moorehead said he'll hire someone other to manage his casino ... he won't move to Barstow ... expects he will make periodic visits to Barstow though. (Original Post)

After reviewing tapes and transcripts available online, TVT has seen a pattern of Moorehead echoing these sentiments throughout the last two years; noteably at the end of legislative hearings where he had earlier tried to pursuade lawmakers that he was committed to Barstow 100% but over several hours of testimony grows frustrated and angry and blurts out what appear to be his true sentiments.

Senator Ashburn supports Casino in Barstow; ambivalent toward Big Lagoon or Los Coyotes, open to supporting other tribes

Another try at twin casinos
Bill would OK compact for Barstow plan

Andrew Edwards, Staff Writer
02/01/2007

Legislation was introduced Wednesday in Sacramento that would ratify gaming compacts for two California Indian tribes with aspirations to build a twin-casino resort in Barstow.

In Barstow, casino supporters have touted the casino plan as a way to jump-start the desert city's economy by snagging gambling dollars that would otherwise travel north along Interstate 15 to Las Vegas.

The new bill, introduced by state Sens. Roy Ashburn, R-Bakersfield, and Patricia Wiggins, D-Santa Rosa, represents a second effort to gain the Legislature's support for the casino plan after an Assembly committee killed a similar bill last year.

In a telephone interview Wednesday, Ashburn acknowledged that he expected a long battle over the bill, although he expects the state will benefit economically if the proposed casinos are built.

"That casino will intercept dollars that are going to go to Las Vegas," said Ashburn, who also represents Barstow. "I didn't pick the tribes. I would be in favor of a casino in Barstow if it were other tribes."

The fact that the two tribes who would benefit from the bill are not based in the High Desert has generated some controversy. The bill would ratify compacts that Gov. Arnold Schwarzenegger signed in 2005 with Humboldt County's Big Lagoon Rancheria tribe and the Los Coyotes Band of Cahuilla and Cupeno Indians, which is based in north San Diego County.

For the tribes to build a casino in Barstow, the federal Department of the Interior would have to designate the project site as "land in site," which would be analogous to a small Indian reservation.

That possibility offends the San Manuel Band of Mission Indians, which operates a casino north of San Bernardino and Highland. San Manuel spokesman Jacob Coin said the San Manuels believe it would be improper for the government to set aside land for other tribes in an area where the San Manuels trace their heritage.

"We remain concerned about the encroachment of the tribes on the ancestral land of the Serrano," Coin said.

"Serrano," derived from the Spanish word for mountaineer, is the name given to the ancestors of today's San Manuels by Europeans.

When Assembly members axed the casino bill last year, some lawmakers cited such geographical and historical factors as reasons to oppose the plan.

Tom Shields, a spokesman for the tribes and BarWest Gaming, the Detroit-based company that would develop the twin-casino project, defended the tribes' intentions. He said federal law allows tribes to build off-reservation casinos to catalyze economic development when casinos would be impractical on tribal lands.

If the tribes were to build on their own land, Shields said, the Big Lagoon tribe would wind up building a casino on environmentally sensitive land while the Los Coyotes would likely be unable to attract gamblers to their rural reservation.

Further complicating the issue is the interest of the San Bernardino County-based Chemehuevi Indian Tribe in building a casino in Barstow. The Chemehuevis already operate a casino near the Colorado River, and Chemehuevi spokesman Larry Tenney said the tribe has not been able to move forward with any Barstow-related work as long as Sacramento's attention is focused on the tribes allied with BarWest.

Last year, a similar bill to the one introduced Wednesday was carried by Ashburn and state Sen. Wesley Chesbro, D-Arcata. Wiggins, also a Democrat, succeeded Chesbro in the state Senate after being elected in November. The new bill is also backed by Assemblywoman Patty Berg, D-Humboldt, who supported the 2006 legislation.

To Tenney, the lack of new names on the bill suggests a lack of broad support for the plan in Sacramento.

"There's nothing new here," Tenney said. "They're just blocking anyone else, like the Chemehuevis, from moving in."

Coin said the San Manuels would not oppose a Chemehuevi casino in Barstow because of that tribe's historic ties to the Mojave Desert.

Legislators could also spend time this year on casino matters that would directly affect the San Manuels. Last year, the governor signed an amended gaming compact with the tribe that would allow for a significant expansion of gaming operations in return for a greater amount of gambling revenue going to the state.

http://www.sbsun.com/news/ci_5131799

You may want to review these posts:
The Verifiable Truth: as predicted -- Ilitch Casino Team fails to produce any hopeful news
The Verifiable Truth: Press Release--2007 CA Legislation, reintroducing the Barstow Casinos plan previously rejected by an Assembly Committee
The Verifiable Truth: Re-introducing rejected Barstow Casino Bill, Ilitch finds herself even further behind
The Verifiable Truth: Bottom of the ninth and Ilitch's Barstow Casinos scheme is down by at least 57 votes
The Verifiable Truth: Legislative Score Card
The Verifiable Truth: Senator Ashburn supports Casino in Barstow; ambivalent toward Big Lagoon or Los Coyotes, open to supporting other tribes
The Verifiable Truth: Political cash for those who author SB 157 - the Barstow Casinos bill

Google Earth Maps make it clear why Detroit Casino Syndicators won't settle for anything other than their Barstow location

A Picture (or Google Earth Map) as they say, is Worth A Thousand Words ...

Why have Detroit casino syndicators refused to bankroll casinos on the Big Lagoon and Los Coyotes Reservations or at least within their traditionally recognized ancestral homelands

Well, as they say, a picture's (or these maps are) worth a thousand words.

These 3 Google Earth maps below -- Big Lagoon Rancheria, Barstow and Los Coyotes Reservations -- are shot at the same scale, 43 miles. The yellow line on each map is representative of approximately 45 miles distance, as the crow flies. Each map notes the approximate location of nearby casinos existing or under development today.

The Detroit casino syndicators pushing to relocate the Big Lagoon and Los Coyotes casinos to Barstow, Calif. have shown no interest in financing projects on their partners' existing Reservations or within their traditionally recognized ancestral territories. It is important to realize they came to Barstow seeking to expand their Michigan gaming empire and then sought out Indian tribal partners who would relocate casinos to that community.

The Detroit casino syndicators negotiated an unprecedented 4o-mile radius exclusive non-compete zone around Barstow as part of gaming compact agreements with Governor Schwarzenegger's office. The Governor's former negotiator has indicated these shrewd gaming operators pushed for an even wider exclusivity zone during negotiations.

Big Lagoon Rancheria, Trinidad (Humboldt County) - there are four existing tribal casino operations within close proximity (less than 40 miles) of the existing Big Lagoon Rancheria 20-acre reservation. There are no major urban population centers or larger airports in close proximity to the Rancheria lands nor any high volume traffic corridors. The location is approximately five hours by car to either Sacramento or San Francisco.

Barstow (San Bernardino County) - there are no casinos today within a 50-mile radius of Barstow. The Nevada casinos are located at least 100 miles, as the crow flies, from Barstow and the San Manuel Casino in Highland, Calif., is located 75 miles by car, or slightly more than a one hour car ride away from Barstow. Barstow is located along the high traffic I-15 corridor with an estimated 60 million travelers going through the Barstow area annually enroute to Las Vegas, Utah, Arizona, New Mexico, Colorado and beyond. Although Barstow is not considered a highly urban area it is located 1 - 1.5 hours by car from the Anaheim, Riverside and San Bernardino areas and 2 - 2.5 hours by car from Las Vegas, Los Angeles or San Diego.

Los Coyotes Reservation, Warner Springs (San Diego County) - within a 40-45-mile radius of the 25,000-acre Los Coyotes Reservation there are approximately 20 casinos in operation or under development today; six of those are located within 10-20 miles of the Los Coyotes Reservation. They include some of the largest and most established Indian casinos in the U.S. San Diego County has one of the highest concentrations of casinos in the U.S. The Reservation is approximately 1.5 - 2 hours by car from Anaheim, Los Angeles, Riverside or San Diego. It is not located adjacent to a major interstate nor between any major destination points. There is a casino being developed within 8-10 miles of the Warner Springs area on the Santa Ysabel Reservation.

You may also want to review these posts:
The Verifiable Truth: News contradicts Ilitch, Los Coyotes say about prospects of northeastern San Diego County casino development
The Verifiable Truth: Tribes doing what Los Coyotes Neighbors describe as impossible