22
S moke S ignals
AUGUST 15, 2016
The Tribe will remain vigilant
DECISION continued
from front page
Stacia Martin also attended.
Represented by attorney Law-
rence Robbins, the Grand Ronde
Tribe argued that the Cowlitz was
not a recognized Tribe under fed-
eral jurisdiction when the Indian
Reorganization Act was passed in
1934 and did not meet the initial
reservation exception under the
Indian Gaming Regulatory Act,
among other arguments.
Robbins said during the appeal
hearing that for the Department of
the Interior to take land into trust
for the Cowlitz Tribe under the
Indian Reorganization Act, Interior
Secretary Sally Jewell had to make
two independent decisions: That
the Cowlitz Tribe was a recognized
Tribe and that the Cowlitz were
under federal jurisdiction.
The decision, written by Wilkins,
affirmed Rothstein’s decision.
“The Secretary (of the Interior)
reasonably interpreted and applied
the Indian Reorganization Act to
conclude that the Cowlitz are a
‘recognized Indian Tribe now un-
der federal jurisdiction,’ ” Wilkins
wrote in his opinion. “The Secretary
also reasonably determined that
the Cowlitz meet the ‘initial-res-
ervation’ exception to the Indian
Gaming Regulatory Act.”
Grand Ronde Tribal Council
Chairman Reyn Leno released a
statement shortly after the Court
Photo by Michelle Alaimo
The Cowlitz Indian Tribe’s casino, Ilani Casino Resort, is under construction
overlooking Interstate 5 near La Center, Wash. The Grand Ronde Tribe is
planning to appeal a U.S. Court of Appeals ruling on Friday, July 29, that
will allow the Cowlitz Tribe to keep its 152-acre Reservation and continue
building a casino 15 miles north of the Portland-Vancouver metropolitan
area.
of Appeals decision was released.
“The Tribe continues to believe
it is wrong for the Cowlitz to build
a casino in Clark County, a region
historically belonging to the Tribes
and Bands of the Confederated
Tribes of Grand Ronde,” Leno said.
“We are reviewing the decision
and are evaluating our next steps.
Our Tribe has remained vigilant
throughout this process and will
continue to be.
“The Confederated Tribes of
Grand Ronde doesn’t believe that
a Tribe should be allowed to go
reservation shopping outside their
historic territory, simply because
they have identified a location that
is more desirable because of its
proximity to an urban area. We look
forward to keeping our membership
informed and are determined to
forge ahead in a positive manner.
“In addition to how we respond
to this decision, the Tribe has
initiated a major renovation of
Spirit Mountain Casino, is redevel-
oping the greyhound track at Wood
Village and continues to explore
options to build the Grand Ronde
economy.”
Tribal Council scheduled an exec-
utive session to discuss the ruling
on Monday, Aug. 1.
The Grand Ronde Tribe has con-
sistently stated that the Cowlitz
Tribe’s traditional homelands are
about 60 miles farther north in the
Toledo, Wash., area. Tribal officials
have previously stated that if the
Cowlitz had received a reservation
in that area, the Grand Ronde Tribe
would never have filed a lawsuit.
The city of Vancouver withdrew
from the lawsuit following oral ar-
guments heard in March.
The Supreme Court, unlike the
Court of Appeals, is not required
to take all cases. If the Supreme
Court does not take the case, the
decision of the Court of Appeals
stands.