Amador County – Deal or No Deal

This is one where we in the Santa Ynez Valley who actually are interested in these events should take note of.

The more I observe the more I think that the majority of the population really don’t care all that much about Indians and casinos and the politics and court cases and all that. But for those of us who do, this one is notable as it may set a precedent for us if it plays out in the courts.

In 1985 the U.S Department of the interior granted federal recognition to the Buena Vista Rancheria of Me-Wuk Indians, and in 2004 it approved a state compact with the tribe. In 2005 the National Indian Gaming Commission approved the reservation for a casino. It found that tribal members had lived at the proposed casino site since 1905.

The Buena Vista Rancheria is in Amador County in the small hamlet of Ione, 40 miles southeast of Sacramento.

Amador County is fighting the tribe in federal court to block construction of the casino. In addition, another lawsuit filed in the U.S. District Court in Washington DC is challenging the tribe’s historical ties to the proposed site and challenging its tribal status.

It claims the Buena Vista Rancheria property was never an Indian reservation and the Buena Vista Rancheria band was never a tribe on that land.

This “fight” has been in the legal works for over 3 yrs now.

It is now to the point where Amador County has to make a difficult and complex choice and the lack of making a decision could cost them dearly.

Under terms of the Tribe’s 2004 Compact Agreement with the State of California the tribe must come to an agreement with the county, an Intergovernmental Services Agreement (ISA) to mitigate any environmental impacts and pay for public services following the completion of an environmental impact report. This would secure guaranteed funding from the Tribe for Amador County law enforcement, roads, fire protection, environmental monitoring and mitigation, and address other local government and community programs if a casino is built.

If the tribe and county cannot come to an agreement then an outside arbitrator will determine the precise terms that he or she determines will adequately mitigate the impacts of the proposed casino. There is no appeal or judicial step that can be taken to change the determination of the arbitrator.

It should be noted that Amador County has a population of about 36,000 people and that they were one of only 15 counties in the state that voted NO on the 4 gaming props this past Feb, Also, in 2005, nearly 85 percent of county residents voted in favor of a nonbinding measure that declared their opposition to any more casinos.

POLO country indeed! They would be heroes up there!

Amador County is between a rock and a hard place. Here is the decision they must make.

The Intergovernmental Services Agreement (ISA) that the Me-Wuk and the county negotiated is a very lucrative offer for the county but also stipulates that if it is accepted by the county then the county must drop its legal fight against the tribe.

This has caused high anxiety with the citizens of the county who are dead set against signing the agreement and has dead-locked the board 2-2. on any decision regarding the ISA. One supervisor has abstained from any votes because of a potential conflict of interest.

The rub is that, at any time now, the tribe can invoke its seven-day notice to take the county to binding arbitration and potentially break ground on its casino as early as this summer.

This would most likely result in county not getting the best deal as offered to them in the ISA.

Under the ISA, the tribe would give the county a one-time payment of $1.4 million to reimburse the County for its legal and consultant costs up to this point and will be required to pay the county nearly $8 million per year while also providing for the following:

· A substantial reduction in the number of slot machines that would have been allowed under the Buena Vista’s 2004 State Compact from an unlimited number to 950 slot machines (the ISA also provides that the tribe can expand ONCE during the term of the agreement, which expires in 2025, but they are limited to 1650 machines and must negotiate a new mitigation agreement with the County);
· Restrictions and limits on the size of the gaming area and casino facilities;
· An annual payment of $150,000 for gambling and substance abuse programs;
· Compensation for fire protection and law enforcement services provided to the casino, including purchase of a new wild land fire engine;
· An annual payment of $100,000 to the City of Ione for discretionary mitigation funds; and
· An annual payment of $1 million to fund community improvements.
With regard to construction and operations of the casino, there are several other key provisions that are included in the proposed ISA, including:
· A prohibition on installation of Class II gaming machines;
· Avoiding substantial environmental impacts of casino operations related to the scale of the facilities, signage, lighting, wastewater and solid waste disposal;
· Moving the casino gateway entrance to Buena Vista Road from Jackson Valley Road;
· A rigorous groundwater monitoring program;
· Significant road and safety improvements to Coal Mine Road and Buena Vista Road and compliance with Cal Trans requirements for lane and signal improvements at Highway 88 intersections; and
· Legal indemnification for Amador County of up to $10 million for any damages that may occur related to the location and operation of the casino.

In addition to annual payments from the Tribe to the County, the Tribe will also make one-time payments for the following services and/or reimbursements:

· An impact payment to Amador County Unified School District of approximately $93,000;
· A transportation mitigation fund for road improvements and on-going maintenance.

So what should the county do? Should they continue to invest county funds in litigation that may or may not be successful and be forced to accept the mitigation terms of a casino dictated by an outside arbitrator? The cost of the lawsuit has been a huge concern among county supervisors, some of whom say the county is needlessly gambling its money on a legal fight that the county could ultimately lose.

Amador officials warn that an arbitrator could award the county $4 million a year less than the tribe is offering to offset its casino.

In addition, the county’s negotiators believe that it is unlikely that the county will receive all the funds and other impact mitigation measures through the arbitration process that are detailed in the ISA (such as signage, water monitoring program, no Class II gaming, limit size of casino, etc.) The ISA also includes requirements and community programs that may be outside the scope of the Tribe’s State Compact agreement.

All in all, my opinion only of course, is that the terms of the ISA are very good for the county. For a pop of 36,000 ?? Thats a great offset.

Clearly the majority of the population is against the building of the casino and the board must represent the constituents, but at what point should the county look at their responsibility to act in the best interests of the county financially?

A very tough thing to decide.

“I want to be clear,” commented Richard Forster, Chairman of the Amador County Board of Supervisors. “We oppose Indian gaming expansion in Amador County. The problem is that our interests were abandoned by the State and Federal government, leaving us to fight alone - with limited legal options and limited funds. The question before us now is, do we risk continued costly litigation and the additional risk of an outside arbitrator’s judgment? Or, do Amador County residents benefit more from securing an agreement to fund the casino’s impacts? That is the choice currently in front of the Board of Supervisors,” concluded Forster.

“Our interests and opposition have been almost entirely ignored by both the State and Federal government,” said Terri Daly, Amador County Administrative Officer. “As a result, Amador County has been left to fight against this unwanted casino on its own. The proposed Intergovernmental Services Agreement represents our best efforts to secure funds and enforceable commitments from the Buena Vista Rancheria if a casino is established so that we can protect county programs such as law enforcement, fire protection and roads.”

Ryan Rauzon, a tribe spokesman, expressed disappointment over the stalemate.

"The tribe is going to weigh its options and wait to make its decision on whether to pursue arbitration”, he said. "Arbitration is costly and it's formal," he said. "It becomes a completely different discussion. … It's the tribe's view that it's better to reach an agreement" outside of arbitration.

Rauzon insisted there is nothing the county can do to stop the tribe from building its casino, adding that the tribe is acting in "good faith" to address the county's concerns about the environment, public safety and other requirements in its compact with the state.

As for the residents of the county, it is a very emotional and turbulent time and there are opposing views even with in families.

At one meeting, one brother testified against another.

Gary Colburn, a former City Council member in Plymouth, said the county should be "pragmatic" and take the money from the casino deal.

Jon Colburn, Plymouth's current mayor, said the Buena Vista agreement signed by Schwarzenegger "was a fraud on the people of Amador County."

"I think what we're deciding here is the future of Amador County," said Sharon May of Hudson Valley. "Are we going to continue being a rural county or are we going to be another Reno, with three casinos?"

Not all residents are against the casino.

"We need the jobs," said Gary Colburn, a former city councilman in Plymouth. "We're not going to survive here selling antiques in an antique shop. This is an opportunity."

I tend to listen very closely to our elderly citizens. They seem to put things into the proper perspective and cut to the chase. At 105 years of age, E.F.Howard a self proclaimed Ca/Nv Historian shared his view on the matter.

“Greetings from Indian Country. The Tribes have the right to Build a Casino. A little info for the public. In a few years BIA(Bureau Of Indian Affairs) Monies will be gone and the tax payers will have to provide for the Tribe services ect. That's why Tribes want to Build Casino, is to provide for their Future and to have their own business and to provide for themselves and to help give back to the community and to help all around. The Government was the one whom took the land and put the Tribes on worthless lands. That's why the Tribes are mainly far away in the mountains and most on worthless lands. We must all work together. Jobs, Budgets,a Future for all. Unless you have the money to stop the Tribes and not to use the County & State / Taxpayers money to fight it, I would agree with it. Thanks E.F.Howard Ca/Nv Historian 105 in age.”

My advice to Amador County – Take the deal...like right now..

PS: to the latest annonymous commentor (funny how so many people are so brave to comment on the internet anonymously...lol) I work for no one. These are my beliefs and views. Your drivel has been filed in the proper receptacle.

Sources:
http://www.topix.com/forum/city/jackson-ca/T6T81DA5C4KO89MTJ
http://blogamador.wordpress.com/2008/01/30/county-explores-legal-options-regarding-casino-project-seeks-public-imput\
http://www.caltba.org/?mvcTask=newsDetail&id=2455