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August 1, 2003 - Lane County Leaders Divided Over Casino Plan  - Commissioner Bill Dwyer asks Lane County to oppose a Florence location. - Commissioners in Lane County took their first practical look at the county’s role in a planned American Indian gambling casino, scheduled for completion near Florence in June 2004.

Some of them didn’t like what they saw.

Tribal members may need permission from the county if they want to get access to the North Fork Siuslaw Road, which is one of the nearest arterials to the project, along with Highway 126. In return, Commissioner Anna Morrison wants a Lane County representative to sit on a board that will decide how to distribute money from a community benefit fund, which will contribute up to 6 percent of the casino’s profits toward charitable causes.  County staffers also have discussed working amendments into the state gaming compact, the document signed in January outlining the tribe’s relationship with the state.

Tension remains on the subject of whether tribes should be allowed to build the Three Rivers Casino at all.

Commissioner Bill Dwyer said Wednesday that he would only grudgingly proceed with negotiations with tribal leaders, “who looked me right in the eye” and said they had no intention of building a casino if they acquired the 98-acre parcel of land called the Hatch Tract.

He further blamed Congress for passing the Indian Gaming Regulatory Act and former Gov. John Kitzhaber for authorizing the first gaming compact with the tribe.

“I find it offensive that Congress would give the tribes a way to make a living in a way that’s not available to every other citizen and in fact preys on the weak,” Dwyer said. “When I was a child, gaming was a racket, controlled by the mob.”  Dwyer asked commissioners to adopt a resolution opposing the casino.  That prompted Chairman Peter Sorenson to facetiously tell Dwyer he’d go along with the resolution if he “could include that we’d like to give the lottery money back to the state and oppose state gambling.”  Dwyer replied: “If you’ve got some agenda tied to Indian gaming, I want it to be smoked out in front of God and everybody else.”

Dwyer’s comments were not well taken by members of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians.  Tribal administrator Francis Somday said he doesn’t understand why people like Dwyer refuse to accept two federal court rulings, upholding the tribes’ right to build a casino. “This is not a good meeting to start out negotiations with the tribe,” Somday said.   Somday said tribes did not lie about their casino intentions. He also said he was miffed at discussions of trying to amend the state gaming compact.   He said the tribes would be willing to consider the community’s suggestions that didn’t substantially change the agreement.

“With the eight other casinos in Oregon, each of the tribes were treated consistently” in negotiations, Somday said. “We expect no less. “If the intent is to do something other, that’s discrimination, and it will not be tolerated by this tribe.”(Source: 8/1/03 - Statesman Journal, Salem, Oregon, Associated Press)

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7/31/03 - Casino Talks with County Get Ugly Start - Casino negotiations between a Coos Bay tribe and Lane County got off to an ugly start Wednesday, as commissioners launched angry jabs at the coastal Indians and each other, leaving tribal leaders seething.
At the Lane County commissioners meeting, the board took its first practical look at the county's role in the planned Three Rivers Casino, scheduled for completion near Florence next June.
Commissioners Anna Morrison and Bill Dwyer both voiced opposition to the $26 million project, but Morrison's appeal was for commissioners to play the hand they've been dealt - affirmation of the tribes' right to build a casino by two federal judges. Morrison urged the board to be proactive and consider what leverage and influence the county does have in negotiations over infrastructure, public safety and a chunk of the profits earmarked for community benefit.
"Up to this point, I've been disappointed and disgusted" with all of the parties involved in casino talks, Morrison said. Still, she thought it important for the city of Florence, the county, the state and the tribes to sit at one table and negotiate the issues. "There is a way we can get through this," she said.
Tribal members may need permission from the county if they want to get access to the North Fork Siuslaw Road, which is one of the nearest arterials to the project, along with Highway 126. The state Department of Transportation is studying potential traffic at several intersections to decide whether to grant access to the state route.
Morrison wants a Lane County representative to sit on a board that will decide how to distribute money from a "community benefit fund," which will contribute up to 6 percent of the casino's profits toward charitable causes.
And county staffers talked of an attempt to work amendments into the state gaming compact, the 61-page document signed in January outlining the tribe's relationship with the state.
But tension remains thick on the subject of whether tribes should be allowed to build a casino near Florence at all - even though the debate appears moot. Commissioners will consider a resolution next month voicing formal opposition to the project, and Morrison and Dwyer both expressed hope that opponents in Florence will prevail in a planned lawsuit by People Against a Casino Town.
Dwyer said he would only grudgingly proceed with negotiations with tribal leaders, "who looked me right in the eye and told me" that they had no intention of building a casino if they acquired the 98-acre parcel of land called the Hatch Tract.
"I really resent this process," he continued. He blamed Congress for passing the Indian Gaming Regulatory Act and former Gov. John Kitzhaber for authorizing the first gaming compact with the tribe.
"I find it offensive that Congress would give the tribes a way to make a living in a way that's not available to every other citizen, and in fact preys on the weak. When I was a child, gaming was a racket, controlled by the mob."
Dwyer asked commissioners to adopt a resolution opposing the casino.
That prompted Chairman Peter Sorenson to facetiously tell Dwyer he'd go along with the resolution if he "could include that we'd like to give the lottery money back to the state and oppose state gambling."
Dwyer fired back: "If you've got some agenda tied to Indian gaming, I want it to be smoked out in front of God and everybody else. Your comments are not well taken."
But it was Dwyer's comments that weren't well taken by members of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians. Tribal administrator Francis Somday, while encouraged at Morrison's desire to negotiate constructively, said he doesn't understand why people refuse to accept two federal court rulings, upholding the tribes' right to build a casino, and the governor's decision to drop an appeal of those decisions.
"This was a difficult meeting for us, to have to again listen to political and personal statements about gaming and the tribes," Somday said. "This is not a good meeting to start out negotiations with the tribe."
Somday reiterated his denial of allegations that the tribes lied about their intention to put a casino on the Hatch Tract. He also pointed out Wednesday that the county and city both opposed any form of economic development on the land, especially that of a casino, and therefore offered plenty of input.
"You cannot now claim that you were misled," he said.
Somday also said he was "miffed" at discussions of trying to amend the state gaming compact, but that the tribes would be willing to consider suggestions that didn't substantially change the agreement.
"With the eight other casinos in Oregon, each of the tribes were treated consistently" in negotiations, Somday said. "We expect no less. If the intent is to do something other, that's discrimination, and it will not be tolerated by this tribe."  (Source: 7/31/03 - Regisger-Guard, by Winston Ross)

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May 21, 2003 - Sonoma County joins push for broader power over Indian casinos - Local jurisdiction scite area safety issues. - -  Sonoma County supervisors on Tuesday joined several other counties in calling on the state to give them a greater voice in remedying local impacts of Indian gaming casinos.

The Sonoma supervisors voted unanimously to support the California State Association of Counties in its lobbying effort to get Gov. Gray Davis to force gaming tribes to comply with state environmental standards and to mitigate any off-reservation impacts. Under the association's plan, tribes would also yield to local authorities on health and safety issues as well as help pay for fire, ambulance, food inspection and other safety issues.

In February, Davis requested that the 1999 compact he negotiated with tribes to operate casinos be reopened to more adequately consider local traffic, noise, water and sewage treatment. The governor also wants to renegotiate the number of slot machines and revenue-sharing agreements with tribes.

Currently, federally recognized tribes are empowered to operate casinos on their sovereign lands and, ultimately, the state and local jurisdictions have scant power over them. In recent years, Nevada-based corporations have forged partnerships with the tribes, financing the casinos for a chunk of the revenues.

Indian casinos have become a contentious issue in Sonoma County. Since September, the Dry Creek Band of Pomo Indians has operated River Rock Casino with huge, temporary tents and about 1,600 slot machines in the hills above the Alexander Valley in the northern part of the county. And the Cloverdale Rancheria of Pomo Indians has proposed a 98,000-square-foot casino near the city of Cloverdale.

Vickey Macias, a member of the Cloverdale Rancheria, said the tribe opposes the resolution endorsed by the Sonoma supervisors but will cooperate with locals.

"Cloverdale will continue to do what it needs to do for the best interests of our people and our neighbors," Macias said. "We can debate forever on sovereignty and what is within our rights."

In the southern part of the county, the Federated Indians of Graton Rancheria entered into an agreement with the Las Vegas-based Station Casinos Inc., which in April exercised an option to purchase about 1,700 acres near Highway 37 for a proposed casino, hotel and tribal housing. If successful, this casino would be the closest casino to Oakland and San Francisco.

Last week, the supervisors passed a resolution opposing the tribe's plan, calling both for good-faith discussions and authorizing legal action, if required.

Tribal President Greg Sarris said his people -- Coast Miwoks and south Sonoma County Pomo -- need the casino revenues for housing, a cultural center and to rise above poverty.

"We want to work cooperatively," Sarris said. "This is a tribe that didn't want to do gaming, but we have no choice if we want to get on our feet economically. This property is important to us because there are sacred sites."

He said the tribe has scheduled town hall meetings June 4-6 in Santa Rosa, Petaluma and the city of Sonoma to discuss its plans.

Sarris' tribe has hired a well-connected team of lobbyists and consultants to shepherd plans. The team includes lobbyist Darius Anderson and Doug Boxer, the attorney son of Sen. Barbara Boxer, D-Calif. Anderson and Doug Boxer have stakes in Kenwood Investments that bought options on the acreage near Highway 37. Chris Lehane, former spokesman for President Bill Clinton during the Monica Lewinsky affair, and later Vice President Al Gore's presidential campaign spokesman, is also on the team.  
 Source: San Francisco Chronicle, by Pamela J. Podger, Chronicle Staff Writer

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June 3, 2003 - Off-Reservation Casino Presents Tribe With Hurdle -  The Los Coyotes Band of Cahuilla and Cupeno Indians must overcome many hurdles before it can move forward with plans to build an off-reservation casino, experts say. If it is successful, it will be a first in California. "It is not something that is easily done,' said Carmen Facio, a realty officer at the Bureau of Indian Affairs in Sacramento. "I would guess it would take two to five years.'  The long and difficult process has prevented tribes in California from putting a casino off the reservation, experts say, and the success of Los Coyotes will not open the flood gates for these types of projects.

There have been a few successful attempts to build an off-reservation casino in other parts of the United States. Susan Jensen, spokeswoman for California Nations Indian Gaming Association, said one of the main criteria for building an off-reservation casino is the tribe must have a tie to the land. Lance Boldrey, a lawyer for the band, said the tribe can get off-reservation approval for the casino under federal law "if the gaming is in the best interest of the tribe and is not detrimental to the community.'

"A tribe can't just buy land and turn it into trust,' Jensen said. Facio said after Los Coyotes purchases the land from the city of Barstow, it would need to do various environmental reports and get the approval of the Bureau of the Indian Affairs to put the land in a federal trust.  If the land is intended to be used for gaming, like Los Coyotes proposes, the governor and the U.S. Secretary of the Interior must also give their approval, officials said. The tribe also must enter into a compact agreement with Gov. Gray Davis to allow gaming.  "We are required by law to negotiate with the tribes in good faith,' said Amber Pasricha, spokeswoman for Davis. "So the question becomes: How can we make this a win-win situation for both?'

The concerns of neighboring tribes and non-Indian local residents are supposed to be taken into account during the approval process. Any strong opposition could be a factor.  

"The ability of tribes to do this is there legally, but practically, it is quite limited,' said Prof. Scott Taylor of the University of St. Thomas Law School in Minneapolis. "From a practical point of view, the local folks can always block it,' he said.

With intense pressure from her constituents, Rep. Lynn Woolsey, D-Petaluma, is asking Interior Secretary Gale Norton, who oversees the bureau, to heavily scrutinize a proposed casino on the Graton Rancheria of Federated Indians reservation near Sonoma.

On the other hand, Taylor said if local residents and the governor favor a casino, the federal government can still say no. Leaders of other area tribes involved with gaming were unavailable for comment.  Source: Gambling Magazine, June 3, 2003.

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March 18, 2003 - Taxes Fund Health Care Of Casino Staff Families  - Many of the children of low-paid casino workers employed by a prosperous and politically active Riverside County Indian tribe are insured in government-subsidized health-care programs because the tribe does not offer coverage the workers can afford, according to a UCLA survey.

Researchers surveyed 199 workers out of a group of 470 low-paid cooks, bartenders, janitors, and attendants at the Rancho Mirage casino of the Agua Caliente Band of Cahuilla Indians. Based on the survey, they concluded that about 46% of low-wage workers at the casino enrolled their children in Medi-Cal or the state Healthy Families program between October 2002 and January 2003.

The researchers gained access to the workers with help from a union seeking to organize workers at the casino. "The number of casino employees' children in Healthy Families is greater than that of many towns in Riverside County," said Cal State San Bernardino economics professor Eric Nilsson, lead author of the survey prepared for UCLA's Institute of Industrial Relations.

The report provides a rare glimpse of the working conditions on the wealthy gambling reservation, where casino workers are not protected by U.S. labor law and the tribe is not obligated to pay local or state taxes. The study is believed to be the first of its kind to provide data on the jobs created within California's surging Indian gambling industry.

It comes at a time when the Agua Caliente Band of Cahuilla Indians is negotiating with the state to increase the number of slot machines it may operate and as the hotel and restaurant workers union is trying to organize casino employees. The tribe and others successfully pressured Assemblywoman Judy Chu (D-Monterey Park) to delay hearings on the health-care issue, saying they need more time to respond to the survey's findings.

A hearing initially set for today was postponed until April 1 after a tense meeting last week between Chu and eight Native Americans and four lobbyists representing several tribes, including the Agua Caliente. "I am very sympathetic to the issue of tribal sovereignty," Chu said. "But I also think it is important to have fair working conditions at these casinos."

In a letter to Chu, who heads the Assembly health and human services subcommittee, Brenda Soulliere, chairwoman of the California Nations Indian Gaming Assn., said she was "deeply disappointed" the hearing had not been postponed indefinitely, given that the tribes are in the midst of compact talks.

Insurance Unaffordable

While the tribe fully insures its casino workers and offers its own family insurance plans, most of the predominantly Latino and white employees cannot afford them, the survey found. The casino's family insurance plan costs its workers $2,880, which compares with the California average for such a plan of $1,806.

The average hourly wage of the workers is $8.93, excluding tips -- lower than the amount needed to sustain a modest standard of living, according to the California Budget Project, a nonprofit research agency. A single adult without children would have to earn $9.79 per hour to reach the level the agency recommends.

"The casino ... tells its workers to go to the government for health care," Nilsson said. "On the one hand, that's thoughtful. On the other, the casino has intentionally created conditions, such as high employee health-care premiums, that make sure that employees do not buy family health-care insurance through the casino.... The casinos leave state taxpayers to pick up the tab for the health- care needs of their employees," Nilsson said.

Agua Caliente financial officer Max Ross acknowledged that the tribe provides its employees with information about state health-care programs. However, he said, "we do not encourage them to get on those programs.... Some employees choose Healthy Families over our programs because they have to pay only $9 a month per kid," Ross said. "And why not? There's no plan in the country that can compete with that."

Healthy Families covers children between birth and age 19 whose families earn no more than 250% of the federal poverty level, or about $45,000 a year for a family of four. Ross questioned the survey's estimate of the casino worker's average pay and the percentage of employees' children covered by state or federal insurance programs. He declined to provide the tribe's figures.

"We'll be reviewing the survey carefully," Ross said. "In the near future, we will comment on the accuracy of its numbers and conclusions." The Indian gambling industry has experienced stunning growth over the past decade, pulling many tribes out of poverty and creating an estimated 35,000 jobs statewide.

Nilsson figures the Rancho Mirage casino profits by as much as $1 million a year by not insuring employees' dependents. To insure every one of its workers, children and spouses would cost a few million dollars, Nilsson said. Over the last five years, the Agua Caliente have donated more than $8 million to political campaigns.

UCLA selected the Agua Caliente tribe to examine because it was the first to build a casino after the state Constitution was amended three years ago to allow Indian gaming, and it was granted access to the workers by the union. The union contends casino workers deserve better wages, benefits and job security. Tribal authorities say their employees are treated generously.

"The dance has begun," said a hotel and restaurant labor organizer, Jack Gribbon. "The tribe wants more slot machines, and we want more workers' rights and better health-care benefits. "If the gaming tribes such as the Agua Caliente were smart, they'd want to be able to say their enterprises provide a benefit to the state," Gribbon said.

"But they can't say that when nearly half the children of their employees are getting health care from taxpayer-funded programs." Only a few tribal casinos in California are unionized. One of them, the Cache Creek Indian Bingo & Casino west of Sacramento, which the Rumsey Band of Wintun Indians operates, recently agreed to a three-year contract that hikes wages 12% and provides affordable family health care.

In the Coachella Valley, meanwhile, union leaders have turned to state politicians and clergy for support, much to the tribe's dismay. An interfaith group of 55 area religious leaders recently sent a letter to Agua Caliente Chairman Richard Milanovich urging him to allow his employees to organize.

Among those signing the letter was the Rev. Jim Tom of the United Methodist Church of Palm Springs. "It seems poignant -- ironic maybe -- that Native American tribes who have struggled so hard to be treated with respect and dignity have become wealthy large-scale employers of people who have to work two or three jobs to make ends meet," Tom said.  Source:  March 18, 2003, LA Times.

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