Tribes have no right to a casino in Columbia Gorge
April 3, 2004
IN MY OPINION: Michael Lang
What a week it was for the Columbia Gorge! On March 25, Sen. Ron Wyden, D-Ore., announced a proposal to designate some of the most scenic lands within the gorge as wilderness. How ironic that four days later, casino advocates sent a letter to the governor reaffirming their interest in building a casino the size of a Six Flags amusement park right next to it.
Casino advocates with the Confederated Tribes of the Warm Springs claim the right to build a casino on scenic trust land east of Hood River in hopes of persuading the governor to approve a casino in Cascade Locks. This threat of a Hood River casino is an empty one and should not be used as the basis for approving a Cascade Locks casino.
The Indian Gaming Regulatory Act and other federal laws prohibit casino development on the Hood River trust land. The proposed site is not "Indian land" as defined in the federal act because the tribes have not exercised governmental powers over the land.
The proposal also violates the National Scenic Area Act. In an October 2001 letter, the U.S. Forest Service notified the Bureau of Indian Affairs that the proposal was illegal. Other federal laws and logistical impediments further hinder development. For all these reasons, the threat of a Hood River casino lacks merit.
Now the governor is being asked to create the first off-reservation casino in Oregon and turn Indian gaming in Oregon on its head. He knows Oregonians don't like the idea. A poll conducted by Grove/Quirk Insights in November 2002 shows 53 percent of Oregonians opposed an off-reservation gorge casino and 34 percent approved. Oregonians support the existing policy allowing one casino per tribe located on reservations. This policy provides revenue for tribes and prevents the proliferation of casinos throughout the state. The governor has stated his support for Oregon's existing policy and has recently denied off-reservation casino proposals made by other tribes.
Secretary of the Interior Gale Norton, who has final authority over tribal casino proposals, has also expressed concern over off-reservation casinos. In a 2002 letter to Gov. George Pataki of New York, Norton said, "While I do not intend to signal an absolute bar on off-reservation gaming, I am extremely concerned that the principles underlying the enactment of the [Indian gaming act] are being stretched in ways Congress never imagined."
The proposal for a Cascade Locks casino, project to draw 3 million visitors per year, would cause traffic congestion, unplanned growth and increased air pollution in the gorge. In addition, the Yakama Nation has expressed interest in building a casino on the Washington side. Those people are likely waiting to see what happens in Cascade Locks.
The Warm Springs Tribes' reservation spans 660,000 acres, more than double the size of the entire Columbia River Gorge. Tribal officials say their biggest problem is 60 percent unemployment on the reservation. A new casino on their reservation and along U.S. 26 would generate more income for the tribes and provide badly needed jobs for the tribal members.
Michael Lang is conservation director of Portland-based Friends of the Columbia Gorge.