Smoke signals., March 15, 2016, Page 9, Image 9

S moke S ignals
MARCH 15, 2016
9
Tribe supports those seeking to stop casino construction
By Dean Rhodes
Smoke Signals editor
The Confederated Tribes of
Grand Ronde is supporting Clark
County, Wash., and Clark County
residents who are seeking to stop
construction of the Cowlitz Tribal
casino going up near La Center by
filing a motion for emergency relief
with the U.S. Court of Appeals for
the District of Columbia on Thurs-
day, March 3.
According to the motion, the
Cowlitz Tribe ramped up construc-
tion on its casino 15 miles north of
the Portland-Vancouver metropoli-
tan area in January despite the fact
that oral arguments regarding the
Secretary of the Interior’s authority
to take land into trust for the Tribe
are scheduled for Friday, March 18,
in Washington, D.C.
The Department of the Interior
took 152 acres into trust for the
Cowlitz Tribe in 2010 and Clark
County, the Grand Ronde Tribe and
nearby landowners, among others,
filed suit, claiming, among other
things, that the federal government
did not have authority to take land
into trust for the Cowlitz because
they were not a federally recognized
Tribe in 1934 when the Indian
Reorganization Act was passed by
Congress.
U.S. District Judge Barbara
Rothstein ruled in favor of the
Department of the Interior in
December 2014 and the case was
subsequently appealed.
“Despite the court’s imminent
consideration of the lawfulness of
the trust acquisition – and there-
fore construction – the (Cowlitz)
Tribe began full-scale construc-
tion in mid-January,” the motion
states. “The Tribe’s decision to
build as much of the casino as
possible before the court rules is
a calculated risk – one that also
appears intended to undercut the
court’s review and limit available
remedies. Any injury to the Tribe
from an injunction would therefore
be self-inflicted.”
In the request for an injunction,
the plaintiffs argue they are like-
ly to succeed on appeal and that
irreparable environmental and
jurisdictional harms are occurring
in Clark County, and that casino
construction is destroying protected
Adult Members’ Trust and Minors’
Custodial & Rabbi Trust Funds
Investments in the Adult Members’ Trust Fund and the Minors’
Custodial and Rabbi Trust Funds are updated each business day. If
you are a trust participant and/or if you are the parent/guardian of
a minor member, you can access and review your balance and your
minor child’s balance by visiting www.401Save.com. To log-in, the
initial User ID is your (or your child’s) Social Security number, and
the initial Password is “00” followed by your (or your child’s) mem-
bership number. Once logged in, you can customize your User ID and
password for security purposes. If you have any trouble logging in to or
using the system, contact the 401Save Call Center at 1-888-700-0808
between 9 a.m. and 5 p.m. Pacific Time, Monday through Friday. n
agricultural land in Washington
state.
The motion states that the
Cowlitz Tribe’s plan to inject up to
390,000 gallons of wastewater per
day into an underground injection
well above the only-source aquifer
underlying the parcel will degrade
critical water resources and create
risks to public health. The motion
says that the Troutdale Aquifer
System supplies 99 percent of Clark
County’s drinking water.
“Grand Ronde, among other
things, is very concerned that the
injection wells Cowlitz is now pro-
posing to use at the La Center site
will pollute the Troutdale aquifer,”
said Grand Ronde Tribal Attorney
Rob Greene. “That water source is
a primary source of fresh water for
Clark County and is a backup wa-
ter supply for the city of Portland.
As recently as last summer, the
Troutdale aquifer was tapped by
Portland to supplement the water
supply from Bull Run.”
The Grand Ronde Tribe has talk-
ed with the Oregon congressional
offices of Earl Blumenauer and
Jeff Merkley about the potential
threat to Portland’s water supply
and Tribal Council member Bren-
da Tuomi raised the issue directly
with Sen. Merkley at a recent Polk
County Town Hall meeting.
In addition, Clark County issued
a stop work order on Feb. 24, which
the Cowlitz Tribe has ignored.
“The Tribe has been an active
participant in this litigation and
thus aware of the prospect of an
unfavorable result and the possibil-
ity of injunctive relief,” the motion
states. “U.S. Rep. Jaime Herrera
Beutler questioned the Secretary’s
trust transfer before this case is
resolved and its impact on the
availability of remedies, as well as
the environmental impacts of the
Tribe’s construction. … The Tribe,
therefore, clearly knew that any
investment made before resolution
of the appeal could be lost.
“Indeed, the litigation risk is like-
ly why Moody’s Investor Service
assigned a B3 Corporate Family
Rating to the Cowlitz Gaming Au-
thority’s $485 million financing for
its casino, a rating that is considered
speculative and subject to high credit
risk. The Tribe decided to commence
full construction two months before
argument despite these risks on an
informed basis and any economic
harm it might experience if enjoined
would be self-inflicted.”
The motion also criticizes the
Cowlitz Tribe for no longer inform-
ing Clark County about its timing
or plans for the property after the
land was officially acquired by the
federal government in March 2015.
Other plaintiffs include Citizens
Against Reservation Shopping,
nearby landowners Al Alexanderson
and Greg and Susan Gilbert, and
operators of La Center’s cardrooms.
If the Court of Appeals does not
grant an injunction, the motion
asks for a quick ruling on the ap-
peal. n
Need something notarized?
Tribal Court staff is available at no charge for notaries 8 a.m. to 5 p.m.
Monday though Friday with the exception of noon to 1 p.m.
Please be sure to bring a photo ID with you.
If you have any questions, contact the court at 503-879-2303. n
Hello Community! We would like to
invite you all to the Canoe meetings set
for this year.
When: April 9, May 14, June 12
Who: Those people interested in
participating in Canoe Journey
Time: 12-3pm (Lunch is provided)
Where: Grand Ronde Tribal Gym
Please contact Cristina Lara for more information
503.879.2040