Wednesday, October 14, 2009

Gov. Arnold Schwarzenegger Opposes Guidiville Band Land Acquisition

On Monday of this week Gov. Arnold Schwarzenegger sent a letter to Dale Morris, Regional Director for the BIA for the Pacific Region and Gayle McLaughlin the Mayor of the City of Richmond stating his opposition to a proposed Las Vegas-style casino on Richmond's waterfront, saying the plan violates the intent of the 2000 voter-approved state law that authorized tribal gaming.

Schwarzenegger said that Proposition 1A was not meant to open the door to urban gaming, but rather limit it to a tribe's existing reservation lands, mostly located in non-urban areas.

Schwarzenegger also warned that should the land acquisition be approved it could jeopardize the legal foundation for Indian gaming in California.

The opposition by the governor could influence the Dept of Interior’s decision when it comes time to decide whether or not to grant the Guidiville Band of Pomo Indians an exception to a general ban on tribal casinos on land acquired after 1988.

Michael Derry, CEO of the Guidiville tribe's economic development team, said Tuesday that he had not seen the letter, but noted that the governor's approval was not required.

Federal law bars tribes from gaming on newly acquired lands, with a few exceptions. One requires the interior secretary to approve and the governor to concur. Another, which the Guidiville are pursuing, is the "restored lands" provision which allows tribes who lost federal recognition and their land but was later restored to federal status be allowed to establish gaming on the restored land where the governor's support is not required.

If the land is placed into trust, the governor would need to negotiate in good faith with the tribe on a gaming compact where he could stand tight to limit the casino plans, but Schwarzenegger will most likely be out of office before the time for compact negotiations if it ever gets that far.

The Guidiville band and partner Upstream Point Molate LLC proposed plans include a 240,000-square-foot casino with 124,000 square feet of gaming, a conference center, nearly 1,100 hotel rooms, restaurants, shops, tribal headquarters and a shoreline park and trail.

Supporters and opponents seem pretty evenly split with the supporters looking at all the jobs and revenue it would bring to the city, while the opponents are looking at all crime and problem gamblers it would cater too.

Same old argument…..

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