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More News from Inchon Country
Page 9
Spilyay Tymoo September 7, 2011
Feds approve casinos for 2 Calif, tribes Tribal police chief also
SAN FRANCISCO (AP) -
The Obama administration has
approved casino proposals from
two California Native American
tribes under a rarely-granted
exception to the federal law that
prohibits gaming on reserva
tions established after 1988.
The U.S. Department of In
terior last week approved the
Enterprise Ranchería of Maidu
Indians’ proposed 1,700-ma
chine casino and 170-room ho
tel near the Northern Califor
nia city o f Marysville and the
North Fork Rancheria’s 2,500-
machine casino and 200-room
hotel in the Central Valley city
o f Madera.
Both the tribes’ proposed
gaming sites are dozens of miles
away from their current reser
vations and put them closer to
urban centers. The Enterprise
Ranchería casino would be 40
miles north of Sacramento. The
North Fork proposal would put
it 30 miles north of Fresno, ac
cording to the Department of
Interior.
Federal o fficials said the
projects would benefit the tribes
economically without hurting
the surrounding community.
“Both tribes have historical
connections to the proposed
gaming sites, and both propos
als have strong support from the
local community, which are im
portant factors in our review,”
Larry Echo Hawk, assistant sec
retary of the interior for Indian
Affairs, said in a statement about
the decisions.
But Doug Elmets, who rep
resents half a dozen California
tribes that already have casinos,
said the decision sets a danger
ous precedent.
“It’s a horrible, flawed policy
that is now going to allow tribes
to build casinos away from their
aboriginal territory simply for
economic gain,” he said. “And
probably more importantly, it
opens the floodgates of urban
gaming throughout California,
if not the nation.”
Under the 1988 Indian Gam
ing Regulatory Act, tribes can
build casinos on reservations
that existed before Oct. 17,
1988, but not on lands taken into
trust after that date.
The law allows the Secretary
of Interior to make an excep
tion in cases where the off-res-
ervation acquisition is in the
tribe's best interest and does not
hurt the surrounding commu
nity.
There have been only a hand
ful of such exceptions granted
since 1988, acco rd in g to
Kathryn Rand, co-director of
the Institute for the Study of
Tribal Gaming Law and Policy
at the University of North Da
kota.
Rand said last Friday’s deci
sions by the Obama administra
tion reflect a change in the fed
eral government's approach to
off-reservation gam ing from
the Bush administration.
The Bush Interior Depart
ment in 2008 all but ruled out
approval of tribal casinos that
are not within commuting dis
tance of reservations. It rejected
applications from more than 20
tribes, including one for a ca
sino 1,400 miles from the res
ervation.
“The Bush adm inistration
was leaning in the direction that
distance m attered more than
anything else,” Rand said.
Distance from the reserva
tion remains a factor for the
Obama White House, she said.
The Interior D epartm ent
last Friday also rejected a ca
sino proposal from the Pueblo
of Jem ez, which had proposed
a casino on land close to El
Paso, Texas, nearly 300 miles
from its reservation in New
Mexico. Federal officials cited
concerns about the tribe’s abil
ity to .oversee land that was so
far away.
Tribal officials have said they
are reviewing their options.
But Rand said overall, the
administration appeared to be
taking a more pragmatic, case-
by-case approach.
The E nterprise Rancheria
and North Fork Rancheria pro
posals are now before Califor
nia Gov. Jerry Brown, who has
one year to decide whether to
approve them. The projects
would also need state legislative
approval, according to Charles
Banks-Altekruse, a spokesman
for the tribes.
“We’re confident that the gov
ernor shares our goal of bring
ing jobs and business opportu
nity and community investment
to California,” Banks-Altekruse
said.
Evan Westrup, a spokesman
for Brown, said the governor will
review the decisions in the
months ahead.
“Each proposal will be as
sessed individually, and our of
fice will continue to engage all
stakeholders to ensure the inter
ests of the tribes, local commu
nities and the people of Califor
nia are all considered,” he said.
The Interior Department on
Friday also rejected a casino
proposal from the Guidiville
Band of Porno Indians, which
had sought a gaming facility in
the San Francisco Bay area city
of Richmond, more than 100
miles from its existing tribal
lands.
The Guidiville proposal al
ready appeared to have been
scuttled earlier this year when
the Richmond City Council re
jected it.
The Interior Department said
in its decision that Guidiville did
not have a modern connection
or a significant historical con
nection to the proposed site.
A call to a tribal spokesman
on Saturday was not immedi
ately returned.
accomplished dancer
RO SEBUD IN D IAN
RESERVATION, S.D. (AP)
— Whether she is wearing a
police badge and carrying a
pistol or an eagle feather
plume and the traditional
regalia of a Native Ameri
can fancy dancer, Grace Her
Many Horses has earned the
respect o f the community
she serves.
Her Many Horses is the
first female chief of police
for the Rosebud reserva
tion and a champion pow
wow dancer who has been
winning titles since she was
12 .
The Rapid City Journal
reports that 53-year-old Her
Many Horses often works
60 to 70 hours each week
overseeing 12 officers on the
vast reservation covering 21
communities and 2,000 miles
in South Dakota.
Suicide and violence are
common on the reservation.
The mother of three children
— ages 28, 21 and 17 — says
she pays special attention to
crimes against children.
Creighton to study diabetes
among Neb., SD tribes
OMAHA, Neb. (AP) -
C reighton U n iversity has
been aw arded a $207,000
grant to study whether tradi
tional Talking Circles help
A m erican Indians on N e
braska and South Dakota res
ervations address their diabe
tes.
The university says Talk
ing Circles are similar to mod
ern therapy groups and could
help American Indians better
self-m anage their diabetes.
American Indians have the
highest diabetes death rate
of any ethnic group in Ne
braska and South Dakota.
S taff w ith C reighton's
School of Nursing will work
with health care providers at
the Omaha Tribe's reserva
tion in Macy and the Rose
bud Sioux Tribe's reservation
in Rosebud, S.D. A total of
40 tribe members will be in
cluded in the two-year study.
The grant money came
from the National Institutes
of Health.
Resolutions of Tribal Council
(The following are recent resolu
tions o f the Tribal Council.)
Casino compact
Whereas by Tribal Council
Resolution No.l 1,380 approved
February 9, 2011, the Tribal
Council agreed to move the
Tribe’s existing Class III casino
located at Kah-N ee-Ta High
Desert Resort and Casino to a
temporary facility located along
U.S. Highway 26 across from
the Museum at Warm Springs
(“Highway 26 casino”; and,
W hereas T ribal C o un cil
Resolution No. 11,380 also ap
pointed a Tem porary Casino
Planning Team to plan and carry
out the development of the new
Highway 26 casino, including the
requirement of amending the
existing Warm Springs/Oregon
Compact governing Class III
gaming at Kah-Nee-Ta (“Kah-
Ne-Ta Compact”); and,
Whereas the Temporary Ca
sino Planning Team has worked
diligently over the past several
months negotiating with repre
sentatives of the State of Or
egon regarding amendments to
the Kah-Nee-Ta Compact to
accommodate the relocation of
Class III gaming from Kah-Nee-
Ta to the Highway 26 facility;
and,
W h e re a s
the
“2011
Amended and Restated Tribal-
State Government-To-Govern-
ment Compact for Regulation
o f Class III G am ing on the
W arm Springs R eservatio n ”
(“H ighway 26 C om pact” at
tached as Exhibit: “A” to this
R esolutio n) rep resen ts the
amended and restated Compact
providing for the relocation of
Class III gaming from Kah-Ne-
Ta to the Highway 26 location;
and,
Whereas the Temporary Ca
sino Planning Team has review
the proposed Highway 26 Com
pact with the Tribal Council and
recommends its adoption; and,
L
Whereas the Tribal Council
believes that approval o f the
proposed Highway 26 Compact
and submission of the Compact
to the Department of Interior
for approval pursuant to the pro
visions of the Indian Gaming
Regulatory Act would be in the
best interests of the Tribe and
its members; now, therefore,
Be it resolved by the 25th
Tribal Council of the Confed
erated T ribes o f the W arm
Springs Reservation of Oregon,
pursuant to Article V, Section
1(a), (f) and (1), of the Tribal
Constitution and By-Laws, that
the Tribal Council hereby ap
proves the Highway 26 Com
pact, attached hereto as Exhibit:
“A”, and the Chairman of the
Tribal Council, or his designee,
is hereby authorized to execute
such Compact on behalf of the
Tribe; and,
Be it further resolved by the
Tribal Council that the Highway
26 Compact’s limited waiver of
tribal sovereign immunity for
the sole purpose of enforcement
of the Compact’s agreements
and commitments, as set out in
Section 17.2.c.(ii) of the High
way 26 Compact, is approved:
T his w aiver o f sovereign
immunity of the tribes from suit
or action is adopted pursuant to
the term s o f W arm Springs
Tribal Code Chapter 30 and
shall be strictly construed and
limited to its specific terms and
the specific w aiver granted.
(Resolution no. 11,484.)
Criminal fines
Whereas the Warm Springs
Tribal Code provides that any
person not subject to the crimi
nal jurisdiction o f the Warm
Springs Tribal Court who vio
lates any provision of the Warm
Springs Tribal Code may be sub
ject to civil penalties; and,
W hereas W STC 200.050
currently provides that such a
civil penalty shall not exceed the
sum o f $500 for each infrac
tion; and,
W hereas W STC 307.030
similarly provides that civil pen
alties for liquor violations shall
not exceed the sum of $500 for
each infraction; and,
Whereas the Warm Springs
Tribal Court may impose a fine
of up to $5,000 on a criminal
defendant for com m itting a
criminal offense set forth in the
Warm Springs Tribal Code; and,
Whereas the Tribal Council
believes that the Warm Springs
Tribal Court should have the
discretion to impose a civil pen
alty on a person who is not sub
ject to the criminal jurisdiction
o f the Warm Springs Tribal
Court that is comparable to a
fine that it may impose on a
criminal defendant; and,
Whereas WSTC 200.360(3)
requires a non-Indian applicant
for admission to practice in the
Warm Springs Tribal Court to
post a cash bond of $180; and,
Whereas the Tribal Council
believes that the bond amount
contained in WSTC 200.360(3)
should be raised from $180 to
$200; now, therefore,
Be it resolved by the 25th
Tribal Council of the Confed
erated T ribes o f the W arm
Springs Reservation of Oregon,
pursuant to Article V, Section
1 (i), (1), and (u), of the Tribal
Constitution and By-Laws, that
the T ribal C o un cil hereby
amends WSTC 200.050 to pro
vide for a maximum civil pen
alty of $5,000 by replacing the
phrase “$500 for each such in
fraction” with “$5,000 for each
episode resulting in one or more
civil infractions”; and
Be it further resolved that
the T ribal C o un cil hereby
amends WSTC 307.030 to pro
vide for a maximum civil pen
alty of $5,000 by replacing the
phrase “$500 for each such in
fraction” with “$5,000 for each
episode resulting in one or more
civil infractions”; and
Be it further resolved that
the T ribal C o un cil hereby
amends WSTC 200.360(3) to
req uire a cash bond in the
amount of $200 by replacing
the term “$180” with “$200”;
and
Be it further resolved by the
Tribal Council that the amend
m ents to W STC 200.050,
W STC 307.030, and WSTC
200.360(3) set forth above shall
be effective immediately. (Reso
lution no. 11, 438.)
Fishing guides
W hereas the Treaty with
The Tribes of Middle Oregon
June 25, 1855 reserved to the
Confederated Tribes o f the
Warm Springs Reservation of
Oregon the” exclusive right of
taking fish in the streams run
ning through and bordering the
Reservation”; and
Whereas the Fish and Wild
life Committee in conjunction
w ith the N atural Resources
Department has reviewed and
proposed to the Tribal Council
the 2011 Fishing Guide Service
Regulations for tribal member
owned fishing guide services
conducted on lakes and rivers
within and bordering the reser
vation; and
Whereas the Tribal Coun
cil has reviewed the proposed
2011 Fishing Guide Service
R egulatio ns and has d e te r
mined that enactment of such
regulations w ould be in the
best interest of the tribe, its
members, and o f the natural
re so u rc e s o f the W arm
Springs R eservation o f O r
egon; and now; therefore,
Be it resolved by the 25th
Tribal Council pursuant to Ar
ticle V, Section 1 (I) and (u), of
the Constitution and pursuant
to Warm Springs Tribal Code
Section 340, that the following
rules and regulations are hereby
adopted for the 2011 season:
1. Tribal member preference
(Resolution 8363 and 8363a) _
shall be used in the selection of
all guides.
2. Tribal members have top
priority for fishing opportunities
on the reservation. Any and all
fishing guide business is to be
conducted in a way so as not to
interfere with any tribal mem
ber fishing from waters running
through and bordering the Res
ervation.
3 . Annual approval by the
Tribal Council of each new fish
ing guide service is required
before the start of the fishing
guide season for guide services
which have not previously been
approved by the Tribal Coun
cil. Once a guide service has
dem onstrated a satisfacto ry
business record and is approved
by Tribal Council, it may pro
vide guide services indefinitely,
subject to securing appropriate
liability insurance and subject to
any changes in rules and regula
tions, unless and until its ap
proval is revoked or rescinded
by or at the direction of Tribal
Council.
4 . The fishing guides will en
sure that their non-tribal mem
ber clients com ply w ith the
Warm Springs Visitor Fishing
R egu latio n s; F ishing G uide
Regulations developed by the
Fish and Wildlife Department
any applicable state fishing regu
lations. Guides will provide cop
ies of these annual tribal and
state fishing regulations to all
clients.
5 . Fishing Guide Services
will only be permitted to launch
and take out from the Warm
Springs Boat Launch, Annie
Dick’s Property (River Mile 85),
Whiskey Dick (River Mile 78),
and the North White Horse Rap
ids A rea (R iver M ile 74.5),
North Junction and Hardy. No
other launching or take out ar
eas will be permitted.
6. If guiding is conducted
with a vehicle and or by hiking
into a fishing area, the operator
of the guide service must ob
tain written authorization from
allotm ent owner, whose land
may be utilized to access the
river. Overnight guiding will be
permitted subject to the fore
going restriction. The guides
must have this authorization
document in their possession at
all times. Use of allotted lands
without owners written consent
will subject the guides and cli
ents to citations for trespass vio
lations and will subject the guide
service operator to revocation
of his/her Tribal Council ap
proval.
7 . Permitting or securing ac
cess to Reservation waters for
non-tribal members does not, by
itself, constitute approved guid
ing or guide services. Fishing
guides must be in unaided vi
sual or voice contact with their
clients at all times, physically di
recting the non-tribal fisher’s
angling travel and activities
throughout the duration of the
non-tribal fisher’s angling activi
ties on Reservation waters.
8. Monthly fishing reports
must be submitted to the Fish
& Wildlife Committee or Fish
& Wildlife Committee secretary
or to the N atural Resources,
Fish and Wildlife Department.
Monthly reports will be in a for
mat developed by the Fish and
W ildlife Com m ittee and the
N atural Resources, Fish and
Wildlife Department.
9 . Any violation of the rules
and regulations applicable to
Fishing Guide Service set out
in this Resolution will subject the
Fishing Guide Service operator
to revocation of the Tribal
Council’s approval to operate
a fishing guide service on the
waters running through and bor
dering the Warm Springs Indian
Reservation.
Be it further resolved that
for the 2011 season, the guide
services owned and operated
by: Alysia Aguilar are hereby
ap p ro v ed . (R eso lu tio n no.
11,475.)
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