The National Indian Gaming Commission (NIGC) has approved the Cowlitz gambling syndicate's most recent and most feeble attempt to replace its intergovernmental agreement (MOU) with Clark County.
And our county commissioners never took a public stand.
You might recall that the 2004 intergovernmental agreement -- Memorandum of Understanding (MOU) -- between the tribe and the county was invalidated in June by a state growth board, and that the decision was reconfirmed in December in Thurston County Superior Court. The syndicate then attempted to insert the language of the MOU into its federal gaming ordinance, but federal decision-makers nixed that idea.
The syndicate's latest request was for the NIGC to accept ordinances approved by the tribe. These ordinances, which the NIGC approved Tuesday, are problematic. In addition to being unsatisfactory (as was the initial MOU), they are unilateral, although the gambling syndicate claims they will protect the county.
Additionally, they might not be enforceable. Even in his approval letter the NIGC chairman writes, "the issues concerning enforceability are not properly addressed here." It is possible that new tribal leadership would not have to comply with ordinances written under its predecessors, making it a particularly bad deal for the county.
A true agreement is vital
Having an intergovernmental agreement is vital to the syndicate's request to have land taken into trust for gambling, according to guidelines issued Jan. 3 by the U.S. Department of the Interior (DOI). To date, the gambling syndicate has only its tribal ordinances, which do not constitute an intergovernmental agreement.
Why did our county commissioners not weigh in on this issue, which could affect how Clark County interacts with the Cowlitz gambling syndicate in perpetuity?
Contact information for your Clark County commissioners:
Marc.Boldt@clark.wa.gov
Bettysue.Morris@clark.wa.gov
Steve.Stuart@clark.wa.gov
(360) 397-2232
Read the Longview Daily News article.
Read about the beginnings of the MOU.
Read about the county's backroom casino dealing.
Read about the June invalidation of the MOU.
Read about the county commissioners' decision to appeal the MOU's invalidation.
Read about the December MOU appeal hearing.
Check out our timeline and see the evolution of the MOU.
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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.