Casino News Source: http://www.bellinghamherald.com
Papers show property in untouchable tribal trust
JON GAMBRELL
THE BELLINGHAM HERALD
CASINO PROTEST SATURDAY
A citizens group opposing the Nooksack Indian Tribe's planned Lynden-area casino will hold a protest rally Saturday morning.
The North County Community Alliance, formally called ag YES casiNO, says the casino threatens farmland preservation and feels the community was shut out of the process.
Protesters will meet at the Deming Library parking lot, 5044 Mount Baker Highway, and then assemble at 11:30 a.m. across from the tribe's Nooksack River Casino.
The Nooksack Indian Tribe should consult with Whatcom County government about environmental concerns before building a planned casino north of Lynden near the Canadian border, the Whatcom County Council decided Tuesday night.
However, documents released by the tribe show the site of the planned casino is on tribal trust land, meaning state and local officials cannot stop or affect the development.
The planned 35,800-square-foot Northwood Crossing Casino would sit on 20 acres of tribal trust land at the corner of Northwood and Halverstick roads. The $14 million casino would focus on Canadian customers, with profits going toward moving and expanding its Nooksack River Casino in Deming.
Since the tribe announced its plans in May, local farmers and others warned that building a casino surrounded by farmland would destroy the area's agricultural base.
"I am of the strong conviction that this is a cultural and environmental disaster in the making," said County Councilman Sam Crawford. "It is going to change irreparably and alter the landscape out there. Once it's done, there is no going back."
The County Council argued back and forth for more than an hour, trying to decide what its role should be in the process. As a federally recognized tribe, the Nooksacks have the same rights as a sovereign nation, able to make decisions about their land free from local and state control.
Because of this, Councilwoman Laurie Caskey-Schreiber warned it was not the place of the council to "dictate" what the tribe should do.
"We have no jurisdiction over this. Whatever goes on, it is still going to happen, it is still going to be built and meanwhile we'll get nothing for it if we go at this approach differently," Caskey-Schreiber said. "I feel like there is this climate of fear out there that this is going to put everyone into a world of hurt."
Councilwoman Barbara Brenner, who proposed the resolution asking the tribe to speak with the county, openly argued with Caskey-Schreiber for much of the debate.
"I just wish we had been notified in a timely matter so we can discuss things," Brenner said. "I just feel very strongly this is a very respectful position."
Ultimately, council members Carl Weimer, Ward Nelson, Crawford and Brenner voted to support the measure. Council members Dan McShane and Caskey-Schreiber voted against it. Citing his work as a contract attorney for the tribe, Councilman Seth Fleetwood recused himself from voting.
After the vote, Nooksack tribal administrator Pat Check said the tribal council would discuss what response to offer the county. However, he did describe any county resolution as "unnecessary."
"We don't need to have resolutions to talk to each other," Check said. "We have talked with each other for all of these years."
Since the casino announcement, several County Council members and state Rep. Doug Ericksen, R-Ferndale, said they would examine the land's trust status.
To confirm the land's trust status, the tribe recently gave the county a series of documents outlining the property's history. Among them is a photocopied deed from the Bureau of Indian Affairs showing a Matilda Tom Carson sold the tribe the land for $20,000 in 1975. A signed note from the U.S. Department of the Interior shows the land was placed into trust in 1984.
County Prosecutor David McEachran is examining the documents to confirm the land's status, Caskey-Schreiber said. However, she said the documents appear to leave little in question about the land's trust status.
Reach Jon Gambrell at jon.gambrell@bellinghamherald.com or call 715-2263.
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