PD Editorial: Rep. Jared Huffman bill blocking casino deserves support

Given the uproar over the construction of the Graton casino in Rohnert Park, why would anyone oppose a congressional bill that prevents the construction of a casino on tribal land in northern Sonoma County?

The answer is simple. Opponents believe the bill is a “red herring.” But they couldn't be more wrong.

The critics say the bill is unnecessary because the Lytton Pomo tribe already owns a casino in San Pablo, has promised not to build another one and has signed a memorandum with the county to that effect. The memorandum would allow the tribe to build housing for tribal members on land it has acquired southwest of town and is hoping to have taken into trust. The plan calls for as many as 360 homes and a 200-room resort hotel and a 200,000-case winery on more than 500 acres.

Opponents also argue that the Lytton Rancheria's hope of having the land taken into trust is not a sure thing because of a 2009 U.S. Supreme Court decision in a Rhode Island case. That ruling, Carcieri v. SaIazar, found that the federal government could only take land into trust from tribes that were recognized prior to 1934. The Lytton Rancheria wasn't formally recognized until after that.

But any question as to whether that decision will block the Lytton Pomo plans should have been erased by a letter from the Bureau of Indian Affairs to Rep. Jared Huffman in mid-December. In it, the bureau makes clear that its role is to take Indian land into trust, whether neighbors are happy about it or not.

Kevin K. Washburn, the assistant Interior secretary for Indian Affairs, noted that since 2009, the Department of the Interior has taken more than 300,000 acres of land into trust. “We hope to take approximately 200,000 acres of land into trust in the coming year to reach the administration's goal of acquiring half a million acres of new trust land,” he wrote.

Although acknowledging that the bureau has not yet reached a decision on the Lytton's application, Washburn also said that the Carcieri decision was narrowly focused, and since then, “we have continued to take land into trust, even for tribes that have been federally recognized in recent decades.”

In short, don't count on Carcieri if you're hoping to see the Lytton's plans stopped.

Given that, we believe Huffman's legislation offers the right approach. It would give federal backing to the terms of the county's agreement with the Lytton band while taking the land into trust. The bill would prohibit the tribe from building a casino anywhere in the county for 22 years while including a permanent prohibition on gaming from Highway 12 to the Mendocino County border.

The bill has the support of the tribe and county officials and, last week, won unanimous approval from the House Natural Resources Committee. A possible vote on the floor of the House of Representatives is the next step.

Yes, there remain plenty of unknowns, particularly concerning any working relationship between the tribe and the town of Windsor. (It's our belief that such an agreement is in everyone's best interests.) And, yes, the tribe had already promised not to build a casino. But this region has heard such promises before. And Huffman is right when he says that without this kind of “bullet-proof” agreement, “why wouldn't they build a casino, if there's no limitation or protection?”

Huffman's bill, HR 2538, offers that protection. And it deserves a green light.