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The US Department of the Interior's Office of the Secretary has issued a “finding of no significant impact” – or FONSI – on the tribe's proposal to place an 11.24-acre site on Highway 20 in trust, said the tribe's attorney, Robert Rosette.
The Bureau of Indian Affairs approved the finding based, it said, on analysis and recommended mitigation measures in a May 2007 draft environmental assessment, as well as comments from the public, responses to those comments, the tribe's request for a reduction in acreage and the development of a final environmental assessment.
Rosette said the FONSI is an important legal entitlement that will allow the 200-member tribe to proceed with building a casino on its land next to the Upper Lake County Park.
Tribal members were “elated” by the news that BIA was approving placing the land in trust, said Rosette.
“It's a significant victory in the grand scope of their project,” he said. “Emotionally, as well, it means an awful lot to this tribe to reestablish their land base.”
The last thing the tribe must do before it can break ground on the casino is to get an approved tribal gaming compact with the state, said Rosette. “That's certainly a priority now.”
Negotiating with Gov. Arnold Schwarzenegger for that compact hinged on the FONSI, since Schwarzenegger has had a policy of not negotiating with tribes unless their land already was in trust, said Rosette. The federal government must then approve the compact.
Rosette said there's an outside chance the tribe – which already has had preliminary meetings with representatives from the governor's office – might be able to have a compact ready to be approved by the state Legislature before it adjourns for its fall break in mid-September.
That could put the tribe on track to break ground on the $35 million casino project in the first part of 2009, which Rosette called “a best-case scenario.”
He estimated construction will take between a year and 18 months to complete.
Once finished, the facility will create 250 jobs, said Rosette. One of the tribe's main reasons for pursuing the casino is to provide jobs for tribal members. However, most of the jobs will be available to Lake County residents, since many of the tribal members don't live in the area, he said.
Rosette said the tribe has entered into an agreement with Luna Gaming Upper Lake LLC, a Michigan-based gaming management company that is funding the project.
The company is involved with Indian casinos including Rolling Hills Casino in Corning and Little River Casino Resort in Manistee, Mich., besides having commercial gaming interests in Detroit and operating Cal Neva Resort in Lake Tahoe, according to its Web site. Luna Gaming also is working on casino development projects with Oklahoma's Kiowa tribe and the Ewiiaapaayp Band of Kumeyaay Indians in San Diego.
Rosette said the Habematolel casino will be a “class 3” Las Vegas-style establishment, with 20,000 square feet of gaming space featuring 349 slot machines as well as blackjack and other card games.
Phase one of the project also will include a restaurant and bar, said Rosette. Phase two of the project may include a small, 200-room hotel, which the tribe included in its environmental impact report and which the federal government approved.
To supply water to the casino, the tribe will dig its own well, said Rosette.
The tribe at one point had considered annexing to the Upper Lake County Water District, as Lake County News has reported. In October 2007, the tribe paid the district more than $7,700 for an engineering study that explored hooking the casino into the district as well as other alternatives
FONSI is a final step in tribe's restoration
Rosette said the FONSI finding is a final milestone for the tribe, which received its Restored Lands Determination last November in order to reestablish its reservation.
The Habematolel's lands in Lake County were lost in the 1950s under the federal “termination” policy, said Rosette.
A report from California Indian Legal Services said 38 California tribes lost their lands and federal recognition due to termination, with many of the tribes now seeking to have their status restored, some through litigation.
The Habematolel were among those tribes that took their battle to court, winning a lawsuit against the United States in US District Court in 1983, with the court finding the tribe's termination was unlawful, Rosette said.
Yet, while they won in court, it didn't mean they received their land back. So Rosette said the tribe has worked since then to acquire new land suitable for tribal government purposes.
It also took the Habematolel 20 years to receive Bureau of Indian Affairs approval on a tribal constitution, said Rosette, which wasn't complete until l2004.
The constitution was another in a series of necessary steps, as it made the tribe's government legitimate in the eyes of the federal government, said Rosette.
Once the constitution was accepted, said Rosette, the tribe moved quickly to reestablish their land base, working on their deed of trust application in late 2005. That resulted in this latest approval to place their acreage in trust as “Indian Lands.”
Forging relationships with the county
County Chief Administrative Officer Kelly Cox is optimistic about the casino's possible benefits.
“Overall I suspect it will be a positive impact on the economy,” he said, with the casino creating jobs both during construction and once it's up and operating. He added that he hopes they add the hotel, because more lodging facilities are needed in Lake County.
Cox also praised the tribe for the way it reached out to the county to create a positive working relationship.
On July 11, 2006, the county and the tribe entered into a detailed memorandum of understanding which Cox said covers everything from law enforcement and traffic control, to adhering to state building code requirements, air quality issues, fire and emergency services, the tribe's willingness to support agritourism and address the impacts of problem gaming.
All county department heads got together, discussed their concerns and included them in the lengthy agreement, said Cox. “It covers everything we can think of.”
In addition, the tribe agreed to pay revenue in lieu of property tax as though the land were privately owned, and will pay taxes and fees like any regular developer, Cox said. He thinks that, from the county government's standpoint, the result will be a plus on the revenue side.
“We had excellent negotiations with them,” he said. “They wanted to do the right thing, from day one.”
The county also wanted to do the right thing and not take unfair advantage of the situation, said Cox, which meant not taking the path of some other local governments that have tried to extract millions from tribes. Rather, the county simply asked the tribe for agreements and fees that would be expected of any developer.
“I think we came up with a good agreement,” he said. “Neither one of us were trying to harm each other.”
The tribe has already proved true to its word; Cox said the Habematolel have contributed $378,000 to the Lake County Sanitation District for improvements to the sewer system that the casino will necessitate.
The tribe also offered its support of the Middle Creek Restoration Project, despite the fact that it will put a large portion of the 60 acres the tribe owns under water, said Cox.
Originally, the tribe had intended to put all 60 acres in trust, but Tribal Chair Sherry Bridges said in a written statement that, based on local government's concerns and those of area residents, the tribe and its executive council made “a great sacrifice” and scaled back the amount to the 11.24 acres.
Cox said a separate agreement, reached between the tribe and the county in June of 2007, covers that reduction in acres for the restoration project.
“There's a strong level of trust and credibility that's been established by this tribe with local government, as well as state and federal,” said Rosette.
He said the tribe has chosen to exercise its sovereignty in a new way, by reaching out to the various levels of government and the community. “There are several projects around the state that are following the same processes that Upper Lake is, they're just not moving with the same efficiency as Upper Lake is.”
That's because some tribes try to circumvent parts of the process and it ends up in delays, said Rosette, an expert in Indian gaming law who has represented other tribes in casino projects, including previously working for the Elem Colony on their recent casino efforts.
He said the Habematolel Pomo are aiming to set up a strong, mutually beneficial relationship that will work out for everybody.
Rosette added that the Habematolel “hope to be an example to other tribes.”
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LOWER LAKE – On Monday a public memorial will open to the public in honor of a local Marine killed in Afghanistan last week.
Lance Corporal Ivan Wilson, 22, died July 21 after being fatally injured by an improvised explosive device while supporting combat operations as part of Operation Enduring Freedom in Afghanistan's Helmand province, as Lake County News has reported.
A memorial site where the community may pay its respects and offer tributes to the young Marine will open Monday at Jones and Lewis Clear Lake Memorial Chapel, located at 16140 Main St. in Lower Lake, Wilson family friend Ginny Craven reported.
Wilson's family in Clearlake has not yet announced details of his funeral or other final arrangements.
Wilson joined the Marines on Sept. 11, 2005, a year after graduating from Clearlake Community School. He was assigned to the 2nd Battalion, 7th Marines, 1st Marine Division, I Marine Expeditionary Force, U.S. Marine Corps, based in Twentynine Palms.
Prior to serving in Afghanistan, Wilson had served a tour in Iraq in 2007.
County offices are keeping flags at half-staff in Wilson's memory through Monday.
Flags in Sacramento also were flown at half-staff late last week in Sacramento by order of Gov. Arnold Schwarzenegger.
“I am deeply saddened to learn of the passing of Private First Class Ivan Wilson, who dedicated his life to protecting the liberty of his fellow citizens and Marines,” Schwarzenegger said in a written statement. “Californians are forever indebted to Ivan’s unwavering courage and service. Maria and I send our deepest condolences to Ivan’s family and friends.”
The US Marine Corps told Lake County News that Wilson received a posthumous promotion from private first class to lance corporal.
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The complex of four fires, touched off June 21 by a dry lightning storm, has burned approximately 8,652 in an area 15 miles northwest of Upper Lake and in the vicinity of Lake Pillsbury on the Mendocino National Forest's Upper Lake Ranger District.
The last of the fires to be contained was the Mill Fire, totaling 3,043 acres, which also was the complex's largest blaze. Other fires previously contained included the Monkey Rock, 1,829 acres; Big, 2,193 acres; and Back, 1,567 acres.
Forest Service spokesman Marc Peebles said the fire has cost an estimated $17,156,942 to suppress, although he added that isn't a final tally, as not all of the costs have been finalized.
Although the fire is contained, the work for firefighters is far from over. Peebles said fire crews are conducting fire line rehabilitation. “They're also still in somewhat of a mop up and control status.”
On Sunday there were still 655 fire personnel, eight crews, nine engines, one dozer, 10 water tenders and two helicopters assigned to the fire, according to Peebles.
Many of those firefighters are now being sent to other National Forest fires, including the Iron and Yolla Bolly complexes, Peebles said. However, fire crews who have been on the fire lines in excess of 14 days are being given a few days off before being reassigned.
Peebles is part of Dave Fiorella's Southern California Interagency Incident Management Team No. 3, which has been managing the fire from its headquarters at Upper Lake High School. Other agencies involved in the firefighting effort include Cal Fire; Bureau of Indian Affairs; Fish, Wildlife and Parks; the National Park service; and private entities.
On Monday at 7 a.m. the team is due to return management of the Soda Complex to the Mendocino National Forest's Upper Lake Ranger District, Peebles said.
A scaled-down firefighting crew will be maintained on the complex for mop up and patrol, Peebles said. He reported that some smoke from the interior of the fire area may be seen for a period of time, but should not threaten the containment lines.
Peebles said he's not sure which fire the incident management team will be heading to next, although they're likely to head home to Southern California for some rest first, since they've reached their mandatory 21-day time out on assignment.
He said the team thanked the various agencies and the town of Upper Lake for their continued support and assistance during this incident.
The team is one of three from Southern California, Peebles said. Although they often stay in their home territory, they've been spending more time in recent years in Northern California, he said.
“In the last couple of years this has been a very, very busy place,” he said.
Northern California incident teams also have helped out in Southern California when it's been needed, he said. “Firefighters go where the fires are.”
He added, “California has one of the absolute best master mutual aid systems in the nation,” which is how local, state and federal firefighters can mobilize so quickly.
Most of the fires burning around California now are on National Forests, Peebles said.
The National Interagency Fire Center reported Sunday that 14 active fire complexes are still burning on National Forests, and have scorched approximately 617,918 acres.
The June 21 lightning storm that touched off the Soda Complex ignited as many as 50 fires on the Mendocino National Forest. Included among those is the Vinegar Fire, a portion of which is on the forest and which has burned 38,160-acres. It's 10-percent contained.
That fire is being managed as part of the Yolla Bolly Complex, which was placed for a time under the same supervision as the Lime Complex. However, the Yolla Bolly Complex – located in the Yolla Bolly-Middle Eel Wilderness – has grown to approximately 64,615 acres in Mendocino, Tehama and Trinity counties, the Forest Service reported. That complex is 20-percent contained.
The Yolla Bolly and Lime complexes are sources of smoke that could end up in Lake County's air basin should the winds shift.
However, on Sunday, Air Pollution Control Officer Bob Reynolds said the blue skies that had appeared over the weekend are likely to continue, with west to northwest winds expected to prevail through Tuesday. Those winds will carry smoke from the major wildland fires to the north and east of the county's air basin, Reynolds said.
With the Soda Complex's full containment, Peebles reported that Pogie Point and Navy Campgrounds at Lake Pillsbury are now reopened to the public and no longer being used as sleeping areas for firefighters. The temporary flight restriction over the complex also has been lifted.
The public is cautioned to be very careful with fire and smoking in the area, where Peebles said fire danger is – and will remain – very high.
The Sanhedrin Wilderness and the southern portion of the Yuki Wilderness in the Upper Lake Ranger District will remain closed until further notice, according to Peebles.
Also remaining closed at this time are portions of the M1 road are closed between the intersections of the M1 with the M6 and M61, Peebles reported. The access road to the Mill Fire, Road 20N04, is closed to the general public to provide firefighting personnel safety, but is open to property owners and residents.
For information on forest road closures call the Upper Lake Ranger District, 275-2361.
For more information about the forest fires visit Forest Service Web site at www.fs.fed.us/r5/mendocino or www.inciweb.org. For information about other fires around the state, visit www.cdf.ca.gov.
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Last week the district's board of directors approved a tight budget with no rate increases for the fiscal year 2008-2009.
The budget reflects less revenue from the prior year due to the forecast of foreclosures and the economy, which in return gives the district a slim operating budget, according to a report from the board.
The district reported that it is able to sustain its operations by pumping during off-peak hours to obtain the lowest power costs, and running an effective, efficient water and sewer system through the water infrastructure project and the sewer system projects.
The district also continues to operate with the same number of employees as in 1992, the board reported.
The last rate increases were in August 2007, according to the district.
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