April 8, 2002
Indian law, state compact bar Gorge casino 
by Keven Gorman, Friends of the Columbia Gorge

For nearly four years, the Confederated Tribes of Warm Springs have gambled that no one would challenge their assertion that they have an undeniable tribal right to a casino just east of Hood River in the heart of the Columbia River Gorge National Scenic Area. 

That gamble appears to be a losing bet. Not only do the Confederated Tribes of Grand Ronde and the Cow Creek Band of the Umpqua Indians challenge the Warm Spring's right to build at Hood River, but so do Gov. John Kitzhaber, the city of Hood River, No-Casino (a nonprofit in Hood River) and Friends of the Columbia Gorge. 

Ironically, one of the largest roadblocks to building a casino anywhere in the Columbia Gorge is the Indian Gaming Regulatory Act, the landmark law that fueled the spread of Indian casinos. The Warm Springs' tribes have undertaken an aggressive media campaign promoting the Hood River casino as a foregone conclusion. It is a tribal right, they claim, to develop a casino on their 40 acres of trust land. The tribes' claims, as daunting as they may seem on the surface, do not hold up under a hard look. 

To its credit, the Department of the Interior, under the leadership of Secretary Norton and Assistant Secretary for Indian Affairs McCaleb, has recognized the controversial and complicated nature of this issue and has moved the review process to Washington, D.C. Satisfying the many laws that would allow a casino on the Hood River site is not an easy task. 

To start with, the 40 acres do not qualify as "Indian lands," under the Indian Gaming Regulatory Act, a prerequisite for siting a casino. Trust status is not enough. "Indian lands" also means that the Tribes have exercised "governmental control" over the trust land, a test that cannot be met here. In addition, the Tribes' gaming compact with Oregon limits its casino site to the existing reservation. A compact amendment is needed for another site to be used, and federal approval is required for that amendment. 

Because Gov. Kitzhaber opposes off-reservation casinos, a compact change is unlikely. If the next governor agrees to an amendment of the Compact, federal approval and an environmental review would still be required. No credible environmental review could possibly determine that a casino should be built at the proposed location in the heart of the Columbia River Gorge National Scenic Area. 

The Tribes argue that a mere environmental assessment, the abbreviated impact analysis allowed under federal law, will suffice. To the contrary, if ever there was a situation where a comprehensive environmental impact statement is needed, this is it. 

Just as building a casino on the 40 acres of trust land presents significant obstacles, so does the Tribes' request for trust status for their newly acquired 197 acres adjacent to the trust land. If brought into trust status, this land would be exempt from the Columbia River Gorge National Scenic Area Act and used for parking lots, hotels, and other development associated with the casino. But under federal law, this new land cannot be moved to trust status because the Tribes cannot meet the legal prerequisite of proving their economic need for more land. 

Also, because the new lands would be used for gaming purposes, they cannot be taken into trust unless determined by Secretary Norton to be "not detrimental" to the surrounding community, a finding in which the Governor must concur. Such a casino and related development would be highly detrimental to Hood River, and would fail this requirement as well. Pursuit of the Hood River site for a casino truly is a high-stakes game that is likely unwinnable. The best alternative for the Tribes is to build a new casino on their reservation and close to the Mt. Hood traffic flow. The casino could be up and running immediately and pouring millions more into the reservation and providing hundreds of jobs for tribal members. It is time for the Warm Springs to pursue a clear path with real financial benefits rather than a speculative path loaded with uncertainty. 

Kevin Gorman is the executive director of the Friends of the Columbia Gorge