Clark County is revving up to make a new deal with the Cowlitz gambling syndicate.
County Commission Chairwoman Betty Sue Morris acknowledged Jan. 29 that the 2004 Memorandum of Understanding (MOU), which was struck before the syndicate had revealed its plans for a casino at the La Center junction, is “pretty much shot.” (It has twice been declared invalid.)
The syndicate has been working hard to mollify the county. It got the National Indian Gaming Commission (NIGC) to approve tribal ordinances containing stipulations similar to the MOU, although the NIGC then wrote that it could not vouch for their enforceability. Last week, Cowlitz Chairman John Barnett sent Morris a letter attempting to assure the county: Rest easy, the ordinances are irrevocable. Many legal minds disagree.
A few weeks earlier, though, Barnett had sent the commissioners a letter with a different tone. He insisted that the MOU is alive and well, and that the county had better not terminate it. He also said the tribe would be unwilling to negotiate a new agreement.
The fact is, the syndicate needs an MOU. Desperately. A Jan. 3 memorandum released by the Department of the Interior regarding some tribal land/casino requests says that federal decision-makers are taking note of “jurisdictional problems.” The memo says applications should include copies of intergovernmental agreements (MOUs), and, “Failure to achieve such agreements should weigh heavily against the approval of the application.”
Quick recap: The 2004 MOU is not in force. Section 16 of the document says it does not go into effect till the land is taken into trust—a federal action that is still a long way off. Secondly, the MOU is dead. It should stay that way. As CARS has written many times, the terms of the old MOU would not mitigate all of the damage this casino would do.
Our county commissioners are free to do the right thing for their constituents. In our view, that means leave the MOU in its grave. Commissioners Marc Boldt and Steve Stuart have already declared their opposition to the casino. Now they need to act on that. Letting go of the MOU would help ensure that the casino-resort never comes to Clark County.
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For more information, check out the CARS Web site:
Who’s behind the proposed casino project?
Many of CARS’ stories about this casino proposal describe it as the work of “the Cowlitz Tribe.” But every time we attribute it to “the Tribe,” we wince.
The casino project is being driven by the Salishan-Mohegan partnership, which includes:
+ the Mohegan Tribal Gaming Authority (49.15 percent)
+ David Barnett (Salishan Co.), son of the late tribal Chairman John Barnett (sharing 43 percent with the Paskenta Band of Nomlaki Indians)
+ the Paskenta Band of Nomlaki Indians, California (sharing 43 percent with David Barnett)
+ the Mohegan Tribe, Connecticut (7.85 percent)
According to the development agreement, the partnership would receive fees equal to 3 percent of total project costs. The management agreement states that Salishan-Mohegan would manage, operate and maintain the casino-resort for seven years and earn 24 percent of annual net revenues.
We want to be clear: CARS is critical of the casino proposal and the way it has been pursued. Beyond its involvement in the casino, we have no issue with the Cowlitz Tribe.
The casino project is being driven by the Salishan-Mohegan partnership, which includes:
+ the Mohegan Tribal Gaming Authority (49.15 percent)
+ David Barnett (Salishan Co.), son of the late tribal Chairman John Barnett (sharing 43 percent with the Paskenta Band of Nomlaki Indians)
+ the Paskenta Band of Nomlaki Indians, California (sharing 43 percent with David Barnett)
+ the Mohegan Tribe, Connecticut (7.85 percent)
According to the development agreement, the partnership would receive fees equal to 3 percent of total project costs. The management agreement states that Salishan-Mohegan would manage, operate and maintain the casino-resort for seven years and earn 24 percent of annual net revenues.
We want to be clear: CARS is critical of the casino proposal and the way it has been pursued. Beyond its involvement in the casino, we have no issue with the Cowlitz Tribe.
About CARS
Citizens Against Reservation Shopping (CARS) is a group of Clark County, Wash., citizens formed in June 2005 and led by longtime Vancouver businessman and civic leader Edward Lynch.
CARS opposes the Cowlitz Tribe's plan to build a casino in Clark County in part because it objects to the practice of "reservation shopping." This is the practice of selecting an ideal casino site and then working to have it given reservation status.