MIDDLE CREEK – In the wake of Congress' recent authorization of an ecosystem restoration project on the Northshore, the Board of Supervisors on Tuesday discussed issues of native trust land that must be resolved before the project moves forward.

On Nov. 8, the Senate voted to override President George W. Bush's veto of the Water Resources Development Act of 2007, known as WRDA.

It was the first WRDA bill to be passed in seven years, and included authorizations for hundreds of projects, including the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project.

The project will restore 1,200 acres of wetlands and 500 acres of floodplain in the Clear Lake area, as Lake County News has previously reported.

Bob Lossius, Lake County's assistant director of Public Works, went to the board Tuesday to ask for their guidance on what to do about native lands that will be affected in the project.

Thirty acres of land that has been held in trust for Robinson Rancheria since 1981 will go underwater as a result of the project, Lossius explained. The land in question is located across Highway 20 from the tribe's casino.

Lossius said the desire is to compensate the tribe for the lost property by transferring three other tribal-owned parcels – located on the lakeshore and roughly the same amount of usable acreage – into trust.

It's a more affordable option than putting up a ring levee, which Lossius said will offer little protection and cost $50,000 annually to operate and maintain.

The Army Corps of Engineers' Sacramento office originally attempted to include the trust transfer in its plan, but the Washington headquarters removed it, saying the agency didn't have authority over tribal lands, Lossius said. Ultimately, the land swap didn't make it into WRDA.

“What I want to do is move forward with additional letters to start the ball rolling again, to get this trust transferred,” said Lossius.

First, however, he needed to confirm that the board, sitting as the Lake County Watershed Protection District's directors, was OK with the plan, which previous boards have supported.

One concern that supervisors raised during the meeting was that the tribe might plan to build a casino on the lakefront parcels, which Lossius said below the flood level.

“Once it becomes trust, then what happens to it?” asked Supervisor Rob Brown.

Could the tribe then raise the land to be above flood levels in order to build a casino? Brown asked.

Lossius said the tribe would need to comply with federal rules, and added that the Corps of Engineers doesn't allow fill – which would be needed to raise the land level – in the lake.

Supervisor Ed Robey said he supported the trust transfer because of the overall project's “tremendous value” to the lake.

“This is an integral part that needs to be done,” said Robey.

Supervisor Anthony Farrington said the county has previously worked out a memorandum of understanding with the tribe on other services. He suggested the tribe should consider not charging for necessary flow and flood easements for the project in the “spirit of cooperation” and as a sign of buy-in on the project.

He urged that the lakefront parcels be kept as open space.

Rushing said she was impressed with the tribe's environmental programs. The alternative to the full project – an inadequate levee – would be a problem, she added.

Rushing moved to reinforce the board's previous position to support the transfer, which the board approved 5-0.

Lossius said the county will now have to see separate legislation to address swapping the other parcels into trust.

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