By Cheryl Schmit
The Placer Herald
In the 1988 Indian Gaming Regulatory Act (IGRA), Congress decided that Indian tribes could operate casinos. In 1994, an Act of Congress restored federal recognition of the United Auburn Indian Community. In the November 1998 election, California voters displayed their overwhelming support for Indian gaming on reservations by passing Proposition 5.
Research by outside legal councils, other anti-gaming activists, and meetings with state and federal elected officials have lead us to conclude that it is impossible to stop a recognized Indian Tribe from opening a casino. Whether we like it or not — and many of us do not — Indian casino gambling is a reality in California.
In Placer County, we have witnessed history. We are the first county nationwide to sign an enforceable land use contract with an Indian tribe.
The steps taken in Placer County to mitigate the United Auburn Indian Community's (UAIC) proposed casino in the industrially zoned, unincorporated area of the County serve as a model for the nation.
Unfortunately, an opposition group has emerged hoping to stop the cities nearest to the proposed casino from signing similar contracts and delay the Tribe's application to acquire land. The group claims to want to protect the citizens of Placer County from crime, drugs, problem gambling, and other impacts. Its intentions are good in theory but attempting to delay UAIC's land acquisition will do nothing to further the group's goals.
Their efforts may only work against us since the Tribe — supported by Congress, the Governor, State Legislature, and Placer County Board of Supervisors — will proceed with the acquisition with or without any contracts with the cities.
UAIC is a tribe without land, and the Bureau of Indian Affairs or Department of Interior has never refused a "landless" tribe its application for land acquisition.
If these agreements are not reached, the neighboring cities, Rocklin, Lincoln and Roseville, will suffer the increased costs of paying for law enforcement, fire and emergency services, and road improvement projects.
They will have no authority over the Tribe's compliance with local zoning, building, and design guidelines, nor will they be able to ensure the proper environmental protection. Additionally, they will receive no assistance in addressing problem gambling.
Without any contracts, it would be three years before the surrounding communities could seek funding to address impacts from the casino. Citizens deserve more: they deserve a solution today to resolve future impacts.
Governor Davis and over 50 tribes recently agreed to a Tribal-State Compact that does not require tribes to negotiate and enter these contracts with counties or cities. This compact signed by the Governor and ratified by the State Legislature does not require reimbursement to local governments.
The Davis Compact allows tribes to have two casinos, the Placer County Contract only allows for one. So while many other communities experience the negative impacts resulting from the casinos of uncooperative tribes, Placer County will enjoy the benefits of a tribe that negotiates fairly and with respect to its neighbors.
Another claim by the opposition is that these contracts are not enforceable. This is simply not true. The agreement with Placer County clearly allows for an arbitration process through which petitioner file with the Sacramento Superior Court. Once the Court decides on a case, that decision is final.
This contract also establishes guarantees that are not short-term. Citizens will play a continuing role in the tribe's activities as part of a Tribal-County Standing Committee. Composed of county officials, residents and tribal members, the Committee allows the community to voice their concerns and opinions, and make recommendations to the county. By remaining proactive in working with tribes, citizens will have a role today and for years to come.
Only a few tribes have chosen to recognize that it is good policy to negotiate with citizens; never has there been an agreement drafted like the one in Placer County, nor has any Tribe entered such a contract with neighboring cities.
Citizens of Placer County could not ask for a more comprehensive, fair agreement than those negotiated by the United Auburn Indian Community. Do not destroy the work done to protect citizens' civil and property rights; support the county and city agreements to mitigate off-reservation impacts.
Cheryl Schmit is the Co-Director of Stand Up for California, a non-profit organization representing California citizens and community groups opposed to the expansion of unregulated gambling in the State.
Copyright © 1999, The Placer Herald
