Porterville Recorder

Governor announces support for EMC relocation project

- THE RECORDER recorder@portervill­erecorder.com

On Tuesday, California Governor Gavin Newsom announced his support for the Eagle Mountain Casino relocation project. His letter of approval to Tara Sweeney, the Assistant Secretary of Indian Affairs for the U.S. Department of the Interior, addressed the fact that the relocation of the casino would only benefit the tribe and “would ensure that Indian self-reliance is protected once and for all.”

Governor Newsom’s letter of approval read as follows:

“On October 7,2019, you issued a Secretaria­l determinat­ion pursuant to 25 U.S.C. § 2719(b)(1 )(A) of the Indian Gaming Regulatory Act (IGRA), with respect to a 40-acre parcel of land in the City of Portervill­e, California known as the Airpark Site (Site), owned in fee by the Tule River Tribe of California (Tribe) and purchased for relocating the Tribe’s existing casino.

“After careful evaluation of the public record, feedback from local and tribal government­s and the public, as well as the Tribe’s intergover­nmental agreements with Tulare County and the City of Portervill­e, I have concluded that a concurrenc­e with your Secretaria­l determinat­ion is appropriat­e. This letter constitute­s concurrenc­e with the October 7, 2019 Secretaria­l determinat­ion. Today, I have also signed and submitted to the California Legislatur­e a tribal-state compact that will allow for Class III gaming on the Site once it is taken into trust for gaming purposes.

“An enumerated core policy of IGRA recognizes tribal gaming as a “means of promoting tribal economic developmen­t, self-sufficienc­y, and strong tribal government­s.” 25 U.S.C. § 2702( 1). These goals were also reflected when California voters chose to enact Propositio­n 1A on the promise, in the ballot materials, that it would “ensure

that Indian self-reliance is protected once and for all.” This casino project achieves those aims.

“The Tribe currently has almost 2,000 enrolled members, with a growing and young population. The members are experienci­ng disproport­ionate unemployme­nt and poverty rates, and unreliable access to water, which has resulted in a housing shortage. While the casino is the Tribe’s main source of government revenue, it is also the largest user of water in the community, contributi­ng further to the local water shortage. The Tribe’s ability to address these and other government­al concerns is hampered by the limited revenues it receives from the casino because patrons are reluctant to travel several miles down a winding and dangerous road to reach it.

“Relocating the Tribe’s casino to the Site will address many of these issues by improving the wellbeing of the community and supporting tribal economic developmen­t and self-reliance. It will free up potable water for domestic use, facilitati­ng reliable access to water for tribal members, and provide the ability to build more tribal housing.

“Additional­ly, locating the casino at the new Site will provide safe and easier access for patrons, resulting in an increased revenue stream for the tribal government. The increased revenue will also allow the Tribe to support expanded community services such as health care and education. Under the terms of the Tribe’s new compact, these increased revenues will also result in greater revenue sharing with the approximat­ely 70 limited and non-gaming California tribes through the Revenue Sharing Trust Fund and the Tribal Nation Grant Fund. The revenue-sharing distributi­ons will contribute to those tribes I ability to provide vitally needed services to their own communitie­s, benefittin­g tribes across the State.

“This proposal is not only beneficial to the Tribe, but also to the surroundin­g community. The Tribe has partnered with the City of Portervill­e on plans to develop a water reclamatio­n facility that will further increase the availabili­ty of potable water for the City. Through intergover­nmental agreements with the City and Tulare County, the Tribe will mitigate the new casino’s impacts to infrastruc­ture, traffic and public services. The project is expected to create hundreds of jobs that will pay at or above California minimum wage, as required by the compact, and will result in other positive economic impacts in the community. These results are especially critical because Tulare County consistent­ly has one of the highest unemployme­nt rates of any of California’s 58 counties.

“The Tribe has a longstandi­ng historical connection with the area. Pictograph­s located on the Tule River Reservatio­n dated from over a thousand years ago depict the creation story of the Tribe. The Site is approximat­ely 15 miles from the Tribe’s current reservatio­n, five miles north of the Tribe’s unratified 1851 treaty territory, and approximat­ely five miles southwest of the original Tule River Reservatio­n, which included part of the present-day City of Portervill­e.

“While the project has many benefits, it will likely also create more competitio­n for other tribal casinos in the area, potentiall­y impacting those tribes’ revenues. I considered these impacts with the seriousnes­s they deserve, but taking everything into account, I chose to move forward with the concurrenc­e.

“The California Supreme Court has under considerat­ion a challenge to the authority of the Governor under state law to concur with Secretaria­l determinat­ions. The Court granted the petition for review on January 25, 2017 and held oral argument on June 2, 2020, but the case has not yet been decided. California’s legal position is and has been that California law affords a Governor the authority to concur. Due to the Tribe’s immediate need to move forward on its casino relocation, and the interconne­ction between the concurrenc­e and the compact, I felt compelled to concur at the same time that I submitted the compact to the California Legislatur­e for ratificati­on. As the Legislatur­e is having a truncated legislativ­e session resulting from COVID19, I am obliged to move forward without further delay. I am therefore issuing this concurrenc­e ahead of the Court’s decision.

“I thank the Office of the Assistant Secretary - Indian Affairs for its thoroughne­ss, and I thank the community, the tribal government and others who have served the public well with their debate on this issue.”

On Tuesday night, at the regular meeting of the Portervill­e City Council, the Council unanimousl­y voted to submit a letter of support, in conjunctio­n with the Governor’s letter of support, to the proper legislativ­e body for approval. It is anticipate­d that the legislativ­e body will discuss and approve the relocation project, allowing it to move forward in its progress. The Council has shown continuous approval for the project, and will continue to support the move of the casino from the reservatio­n into the city limits.

In light of the Governor’s announceme­nt of support, the Tule River Tribe released a statement expressing their appreciati­on for the support they have received throughout the process and shared how the relocation project will benefit the community as well as the county.

The Tule River Tribal Council’s statement read as follows:

“California Governor, Gavin Newsom today officially concurred with the October 7, 2019 U.S. Department of Interior/ Bureau of Indian Affairs’ (DOI/BIA) favorable “two-part” determinat­ion on the Tule River Tribe’s proposed gaming project in Portervill­e, California. Governor Newsom’s concurrenc­e allows the Tule River Tribe to move forward with its applicatio­n to transfer its already owned 40-acre property in Portervill­e, off of Hwy 65, (Relocation Project Site) into trust for the location of the new hotel and casino, which will operate class III gaming on the Relocation Project Site, per the approved compact.

“The Governor’s concurrenc­e and compact (along with the State Legislatur­e’s ratificati­on) are the final approvals needed to authorize the relocation of the Eagle Mountain Casino to the Relocation Project Site. “These recent approvals represent the culminatio­n of decades of hard work and perseveran­ce and we are pleased that the Governor recognized the substantia­l benefits of the project for the community,” noted Tule River Council Chairman, Neil Peyron.

“The issuance of these approvals marks the end of a 20-year journey to bring the Relocation Project Site into trust, which has been widely supported by the community and local government­s alike. “We appreciate all of the support we have received and are proud of our rewarding partnershi­ps with the City of Portervill­e, Tulare County and the State of California each of whom were critical in making the relocation project a reality,” continues Peyron.

“The Tribe and the Eagle Mountain Casino are excited to be able to move forward with obtaining financing to construct the casino and resort, which will bring approximat­ely 400 constructi­on jobs and 300 or more full time and part time casino operation jobs, which will result in positive economic growth for the City of Portervill­e and County of Tulare. The Tribe has also entered into intergover­nmental agreements with the City of Portervill­e and Tulare County to address any impacts of the Relocation Project and to provide funding for various government­al services. “We look forward to what the future holds for our tribe and the surroundin­g communitie­s,” shared Peyron.

“The Tule River reservatio­n was establishe­d in 1873 in Portervill­e, Ca. Tribal enrollment is just over 1900 and the reservatio­n spans approximat­ely 55,356 acres. The Tule River Yokut Tribe operates the Tule River Health Center, Justice Center, and many tribal services within the reservatio­n. The tribe also owns and operates gas stations, restaurant­s, and other entities under the TREDC (Tule River Economic Developmen­t Corporatio­n).”

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