THERMAL, Calif. – The Torres-Martinez Band of Cahuilla Indians tribe is getting a hands-on civics lesson.
On the verge of a historic land settlement with the federal government, the tribe feels it has been shut out by the state in a separate deal to enter into the California gaming compact with Governor Davis.
The tribe has been trying for several years to work out a deal with the United States as compensation for land that was submerged when a Colorado River irrigation aqueduct broke in 1905 and formed the Salton Sea.
In 1996 the late Congressman Sonny Bono, R-Calif., took up their cause and tried to introduce a measure in Congress that would allow the tribe buy up to 640 acres of new land to compensate for the nearly 12,000 acres lost to the Salton Sea.
When that measure proved unsuccessful, Bono’s widow, Rep. Mary Bono, R-Calif., took up the cause. After working out a settlement with the neighboring Cabazon tribe, which opposed the deal because it feared Torres-Martinez would bring gaming next to its residential area, Bono managed to get unanimous approval of the House of Representatives.
The bill is with the Senate Indian Affairs Committee and the tribe says Sen. Dan Inouye, D-Hawaii, has promised he will try to push the bill through before the end of this congressional session.
After working through the legalities of the federal land settlement, the tribe finds itself with a new foe – the state of California.
The tribe has been trying to enter into Gov. Gray Davis’ gaming compact to establish a casino within boundaries of its current landholdings.
Chairwoman Mary Belardo says her tribe is being stonewalled by the Davis administration. Part of the problem seems to be rumors of tribal plans for a casino on the lands to be acquired in the federal settlement.
Belardo says the Davis administration has expressed fear about the tribe building a casino on the settlement land – a better location for the casino in that it would be easily accessible from Interstate 10.
The tribe plans to build a small casino on the shores of the Salton Sea, several miles off Interstate 10 and not easily accessible from any major thoroughfare.
Tribal officials say they plan to build their initial casino at this less desirable location because of expected legal technicalities involved if the tribe acquires the settlement land. However, they add that moving the casino to the more desirable Interstate 10 location is a definite possibility in the future.
“We haven’t even gotten the green light for the land settlement deal by the U.S. Senate yet so we can’t do anything yet. Davis is giving us a smokescreen based on hearsay,” Belardo says.
Under provisions of the Indian Gaming Regulatory Act, the proposed 640-acre acquisition would be eligible for gaming. California law prohibits establishing casinos on newly acquired trust lands but exempts lands acquired in settlement deals.
Torres-Martinez initially requested a meeting with the governor in December and has not had a reply. They say a “government-to-government” meeting is the only way to work out a deal and address state concerns.
Tribal sources also say the governor has expressed concerns about the environmental impact of the casino, a charge the tribe calls ridiculous.
They say the Salton Sea is more likely to impact their casino than the other way around. Since the human-created body of water was formed and fed by agricultural runoff they say it is already environmentally unsound.
Calling the Salton Sea a “cesspool,” tribal sources point out that pesticides, a by-product of agricultural runoff, have killed many area birds. A seasonal algae bloom led to complaints of noxious odors from as far away as Palm Springs, nearly 30 miles away from the northern edge of the Salton Sea.
Frustrated by failed efforts to talk to the governor, the tribe hired attorney Eugene Madrigal and lobbyist Brian Nestande last May to help work through the legal maze.
Madrigal says he sent several letters to Gov. Davis to follow up on Torres-Martinez’ initial request to enter into the compact – last November.
After responding to Madrigal’s request, Davis’ office sent a few simple questions regarding the tribe’s status and location of the casino. Madrigal says every time he answered these questions, a new set would be sent by the governor’s office, about a month later.
After finally answering all the questions, Madrigal says he was referred to another department of the governor’s staff. When he called that staff member, he was referred back to the original department.
Madrigal says the governor’s office has now referred him to the Attorney General. This process alone took about six weeks, he said.
Madrigal said he feels Torres-Martinez has been singled out. He points out that the initial compact proceedings managed to sign deals with 51 tribes in four months.
“You’d think that after 11 months we would get somewhere,” Madrigal says.
For his part Nestande says he has been tied up in the negotiations with the federal government over the land settlement deal, but feels he will be able to help in efforts with the state once that deal is done.
“We haven’t really put forth our best effort with the governor’s office yet. We’ll have to do some lobbying and political work, but I’m optimistic that we can address all the governor’s concerns.”
Nestande said the state issue is inherently intertwined with the federal land settlement.
“The land deal seems to be the key to working with the state for the compact.”
Calls to Hillary McLean, a spokeswoman for Gov. Davis, were not returned. However, an article in the Palm Springs-based Desert Sun quoted McLean saying that until the land deal with the federal government was worked out there would be no compact for Torres-Martinez.