Florence to ask state to appeal casino ruling.

Byline: LARRY BACON The Register-Guard

FLORENCE - The city of Florence will send a letter to Gov. John Kitzhaber asking the state to appeal a federal Department of Interior decision that clears the way for a tribal casino on 100 acres east of the city limits.

The City Council on Monday directed City Manager Rodger Bennett to prepare the letter, which will be reviewed at a council meeting next Monday. And even though two councilors spoke at length in opposition to the casino, Councilor Phil Brubaker, who proposed the letter, said it should not be considered a move by the city against the casino.

Brubaker said the city's request should be regarded as an attempt to clarify the legal issues surrounding the land, located on the North Fork Siuslaw River Road off Highway 126. The Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians hope to build a $15 million to $20 million casino there.

"Let's get it through the process and out of the realm of uncertainty," Brubaker said.

Last month the Department of Interior reversed an earlier decision and in effect said the unique circumstances surrounding the 100 acres should qualify it to be classified as "restored land" suitable under federal law as a casino site - even though it was taken into trust after Oct. 17, 1988, the date of the Indian Gaming Regulatory Act. The department generally does not allow gaming on lands taken into trust after that date.

The exception was allowed because of the tribe's long ties to the land, once the site of an Indian village and held in individual trust for tribal members for generations.

Danny Santos, the governor's legal counsel, said the state plans to review the decision with an eye toward a possible appeal, likely to federal court.

The main concern, Santos said, is the possible precedent the Interior decision might hold for other tribes and other tribal land. But at the same time, he said, an appeal is not certain and the state is preparing to enter into negotiations with the tribe on a pact that would establish how the project would take shape.

Those negotiations will likely take place late this month or early February, after a decision whether to appeal is made.

Brubaker said the appeal is needed because unless the "restored land" issue is resolved, it constitutes a cloud over the project that might deter the investment the tribe will need and would do the community no good either.

A draft of the letter will be reviewed at a special meeting at 6:30 p.m. next Monday. No public comment was allowed Monday night, but Mayor Alan Burns said comment about the letter would probably be accepted next week.

Tribal officials listened to the council discussion but were not permitted to comment. Afterward, tribal Chairman Ron Brainard said he heard a lot of misinformation and is surprised the City Council hasn't asked for a "council to council" session to discuss the casino proposal with the tribal council.

Councilors Dave Braley and Dianne Burch spoke against the casino project, raising concerns about crime, gambling addiction, possible adverse effects on the economy and potential infrastructure problems for the city and county.

They said they've encountered much public opposition to the proposal, similar to what surfaced six years ago when the tribe proposed a casino inside the city. Burch said the issue will be raised at a Lane County Board of Commissioners meeting on Jan. 16.

Burns proposed inviting tribal officials to a public forum to answer questions about the proposal, but Brubaker argued that it would be premature until legal issues are resolved. Councilor Donna Lee said the council should side with the majority of the public on the issue, but work with the tribe as much as possible if it becomes clear the casino is inevitable.