A Process To Watch

We in the Santa Ynez Valley may someday find ourselves going through the process that follows so it may behoove interested parties to track this story.

The Pauma band opened a temporary casino in May 2001 on a 20-acre site in San Diego County. A metal-framed tent houses 1,090 slot machines and 22 table games.

The Pauma Band of Mission Indians negotiated a compact in 2004 to allow expansion of their current modest casino. Expansion may not take place until the tribe provides an environmental analysis of the expansion as required by terms of the compact and federal law. The process requires the tribe to work with the County government to mitigate off reservation impacts.

Gov. Arnold Schwarzenegger recently joined a group of residents and the county in criticizing the environmental report produced by the Pauma Band of Mission Indians on the planned expansion.

An attorney for the governor said in a letter dated Sept. 21 that the tribe's report is incomplete and not supported by sufficient analysis or evidence. The letter said that the tribe has not adequately addressed the project's effects on water usage, community aesthetics or police and fire services.

The letter may be found here: http://www.nctimes.com/pdf/paumagov.pdf

The letter is similar to one written last month by county officials criticizing the same report.

Pauma Chairman Chris Devers said in a written statement that the tribe is reviewing the state's comments and will respond in writing to the concerns.

A spokesman for the governor said the letter is part of the project's review process and is in response to a draft of the tribe's environmental analysis of the expansion. Once the tribe releases a final analysis, the administration will decide whether to seek a legal dispute resolution if it is not satisfied with the report, said Schwarzenegger spokesman Aaron McLear.

Because of American Indian tribes' status as sovereign nations, historically local governments have had no authority over tribal casino expansions. But tribes today, including the Pauma, have signed agreements with the state giving county officials room to negotiate with tribal officials about adding roads and other improvements to minimize the effects of casino development.

Neighbors of the tribe have said they are concerned about the size and scope of the planned casino, which is expected to increase traffic on rural Highway 76.

Two residents said last Tuesday that they have read and agree with the governor's letter."I think it's a very sensible letter," said Charles Mathews, who lives near the Pauma reservation. "Clearly, it reinforces the county's letter."

The tribe's environmental analysis, paid for by the tribe, concludes that the 23-story tower would have a less than significant effect on the valley's scenic vista. The Schwarzenegger administration disagreed with that assessment.

"The visual simulation of the proposed hotel tower alone confirm the project has the potential to degrade the off-reservation environment's visual quality," according to the letter written by Andrea Hoch, the governor's legal affairs secretary.

Other criticisms in the governor's letter on the report are:
It includes no documentation to support its conclusion that water supplies are sufficient to meet the project's demand.

There are no details regarding the tribe's plans to expand its fire department or whether neighboring fire departments are equipped to provide backup fire protection.

There is no discussion on how increased law enforcement service at the casino will affect law enforcement service elsewhere in the community.

This folk’s, is how the process works and it is a long drawn out affair so don’t believe the extreme alarmists in the Valley who seem to have hidden agendas and who tell you that it can happen very quickly and behind our backs.

It’s been 3 years since the Pauma’s amended compact and only now do they even have a draft of an EIR. A draft that the citizens of the community, San Diego County officials and the Governor say is lacking and inadequate and which may lead to legal dispute resolution. They still have a long road ahead of them.

The only step in this process which is behind closed doors is the initial negotiation with the Governor. But once the tribe and the Governor negotiate a deal then all the cards are on the table where anyone in the general public may speak out for or against.

The compacts must be approved by the Assembly and Senate which in the past has proven to be very, very difficult. If passed by the State Legislature the compact must then go to the Governor to sign then on to the Federal Government for approval. If the tribe ever gets that far then they MUST negotiate with the local governments and communities, as we see in the example above, to mitigate any impacts that the new compact may have on the communities involved.

If the tribe and the local government and communities cannot come to a consensus, then legal arbitration will be used to resolve any issues.

Source:
http://www.nctimes.com/articles/2007/10/03/news/top_stories/1_05_4910_2_07.txt