Congressman David Wu (OR01) - Press Releases - With The Future Of The Gorge At Stake, Wu Continues His Fight

Washington, DC--Yesterday Congressman David Wu sent a second letter to United States Interior Secretary Gale Norton expressing his opposition to the development of a gambling casino complex in the Columbia River Gorge. In the letter, Congressman Wu reiterates his concerns that if a gambling casino complex is built in the Columbia River Gorge, the Gorge and the entire region will experience serious adverse environmental and social effects. The letter follows the U.S. Department of the Interior's recent request for public comment in developing the scope of the Environmental Impact Statement.

Congressman Wu also challenges the false choice presented by proponents of the gambling casino complex. Proponents present their case as a choice between Hood River and Cascade Locks, two communities located in the Columbia River Gorge and in the designated National Scenic Area. Congressman Wu rejects this false choice as the Hood River site is neither physically buildable nor legally available. In fact, the U.S. Forest Service states the Hood River site "would be inconsistent with the purposes of the Columbia River Gorge National Scenic Act."

To the detriment of the Columbia River Gorge, proponents are also using this false choice as a smoke screen to hide other appropriate, non-Gorge sites. Congressman Wu believes one such appropriate site, located off Highway 26 and near the Museum at Warm Springs, should be considered as an alternative site. In fact, the Warm Springs Tribe included the Highway 26 site in its economic analysis report in exploring alternatives to Columbia Gorge sites. The Highway 26 site is on the main route between Portland and the growing communities of Central Oregon and would provide greater revenue to the Warm Springs Tribe than its existing casino at Kah-Nee-Te. Further, as the site is on the Tribe's existing reservation, the Tribe has had the uncontested legal right to proceed with a casino since the initial proposal in 1998.

I write in strong opposition to the application (the "Application") of the Confederated Tribes of the Warm Springs Reservation (the "Tribe") to acquire land into trust in Cascade Locks, Oregon. Approval of this application would allow an off-reservation gambling casino complex in the Columbia River Gorge, a National Scenic Area. I ask that my objections and concerns be taken into account as part of the scoping process in the Environmental Impact Statement (EIS) for this trust acquisition request.

(1) I want to thank you for your decision to disapprove the proposed compact for this casino. By letter dated April 28, 2005, I wrote to you urging disapproval on the grounds the compact was premature and would prejudge the outcome of the trust land acquisition process and the two-part determination required under Section 20 of the Indian Gaming Regulatory Act. I am pleased that you recognized this serious problem, and decided to disapprove the compact on May 20, 2005.

(2) I want to take the false choice of the Hood River location as a possibility for the casino off the table. Proponents of the casino have falsely presented placing a casino in the Columbia River Gorge as a choice between Hood River and Cascade Locks, two communities on the Oregon side of the Columbia River Gorge, both in the National Scenic Area. I emphatically reject this Hobson's choice. The suggested Hood River casino site is a red herring -- neither physically buildable nor legally available for gambling purposes. In fact, the U.S. Forest Service has stated in a letter to the Bureau of Indian Affairs (BIA) that the Hood River site "would be inconsistent with the purposes of the Columbia River Gorge National Scenic Act." The argument that unless a casino is permitted in Cascade Locks it inevitably will be built in Hood River is a smoke screen used to hide other appropriate, non-Gorge sites.

(3) One such appropriate site (the "Alternative Site"), which should be considered as an alternative in the EIS analysis is the site on Highway 26. The Tribe included this Alternative Site in its economic analysis report in exploring alternatives to Columbia Gorge sites. The Highway 26 Alternative Site would provide much greater revenue to the Tribe than its existing casino at Kah-Nee-Ta. It is on the main route between Portland and the growing communities of Central Oregon. In fact, the Tribe has located its renowned Museum at Warm Springs near the Alternative Site. Most importantly, the Alternative Site is on the Tribe's existing 640,000 acre reservation, and not in the Columbia River Gorge. The Tribe has an uncontested legal right to proceed with a casino at the Alternative Site. It has had this right since it first proposed a new casino in 1998. The Tribe has lost years of revenues from an Alternative Site casino which could have been built and operating years ago.

I restate my strong objections to the Tribe's Application. If the Application is approved, the Columbia River Gorge and the entire region will experience serious adverse environmental and social effects. My further comments and objections to the Application fall into substantive and procedural categories.

At the heart of my objection to the Application is concern for the future of the Columbia River Gorge. The Columbia River Gorge is the crown jewel of Oregon's natural wonders, a spectacular and unique sea level cut through the Cascade Mountain Range. It is 80 miles long and up to 4,000 feet deep. The Columbia River flows between the Gorge's north walls in Washington State and its south walls in Oregon. It is a natural wonder and a designated National Scenic Area.

The proposed 500,000-square-foot gambling casino complex would dramatically alter the Columbia River Gorge and have a significant negative effect on its environment by increasing traffic, highway congestion and air pollution. Specifically, the proposed casino would draw an estimated three million visitors per year for non-Gorge related reasons, resulting in approximately one million additional vehicle trips per year.

It is established by the U.S. Forest Service that increased traffic on Interstate Highway 84 would greatly exacerbate the already extensively documented air pollution problems in the Columbia River Gorge. State and federal agencies have also already determined that air quality in the Columbia River Gorge is significantly degraded and that visibility is impaired 95% of the time within this National Scenic Area. According to the United States Department of Agriculture Forest Service Pacific Southwest Research Station, this area suffers acid rain and fog as severe as what falls in industrial cities such as Washington D.C./Baltimore, Pittsburgh, and Los Angeles.

Aside from its scenic beauty, the Columbia River Gorge is a collection of unique habitats found nowhere else in the world. The EIS must consider these habitats that exist inside the National Scenic Area. The casino would harm the diversity of plant and animal life in the Columbia River Gorge, including over 800 species of wildflowers (16 of which exist nowhere else on Earth), six endangered and threatened animal species and over forty sensitive species.

A casino would inevitably lead to additional development projects which encroach on the National Scenic Area. The commercial development would place enormous pressure on the community of Cascade Locks to expand the city's urban growth boundary, a critical aspect of Oregon's land-use planning law. The expansion could push the boundaries of Cascade Locks into the surrounding National Scenic Area.

In addition to the individual effects of traffic, environmental degradation and encroachment on the National Scenic Area mentioned above, the cumulative effect associated with a major casino complex, and the changes it will inevitably bring, will diminish the scenic and recreational values of the Columbia River Gorge for established and traditional uses. I am concerned about these cumulative effects and the precedent this sets for future development in ecologically sensitive and protected areas.

The Application also sets a bad precedent for Oregon's Indian tribes. To date, Oregon's policy has been to limit each tribe to one casino on reservation land held in trust. This policy has been stable over the years and has prevented an "arms race" to get closer to the lucrative Portland metropolitan market. Breaking this Oregon policy will inevitably lead to more off-reservation casinos throughout Oregon and also in neighboring Washington State. Indeed, once this is allowed, there is no stopping point. All tribes would have their interests affected adversely -- both by an "arms race" to the Portland metro area and by a potential general public backlash against all Indian gaming.

In addition to these substantive objections, I also bring to your attention serious concerns about the process for reviewing this request. While some residents of Cascade Locks favor building the gambling casino in their city, many other communities oppose the massive physical and environmental intrusion of such a gambling casino in the National Scenic Area. As an initial matter, I seek your agreement that local communities more than 10 miles from the proposed casino will be consulted with, and considered under, the two-part determination test. Last March, BIA published extremely limited guidelines for implementing Section 20, but never sought public comment. These guidelines set a 10-mile limit under Section 20, but leave room to consider other local governments which have a vested interest in the region.

Although the casino would be located at Cascade Locks, the targeted gaming market is the Portland metropolitan area. Indeed, the Scenic Area itself reaches close to the Portland area. I therefore request that all local governments in this region, including the City of Portland, be covered under the Section 20 review. The Columbia River Gorge National Scenic Area is unique. Its effects, and importance, reach across the surrounding Portland metropolitan area deep into the communities in my congressional district. Accordingly, the communities within the First Congressional District should be a part of the Section 20 consultation and no detriment review.

In addition, I seek your assurance that the National Environmental Protection Act (NEPA) review will be conducted in an open and objective manner. I am concerned that BIA will grant too much leeway to the Tribe in preparing the EIS and that affected local governments and the public will not be given an adequate opportunity to participate. The Tribe is an applicant for federal action, and it has a strong interest in the outcome. While I am sure the Tribe will participate in an honest and forthright manner, it nonetheless is essential that BIA follow accepted procedures under NEPA to ensure that an applicant does not play an improper role in the legal, policy, and technical decisions that will determine the scope and content of the EIS.

I strongly urge you to take into account the Alternative Site, as well as my serious substantive and procedural concerns. By disapproving the Application, you can protect the Columbia River Gorge National Scenic Area, preserve the long-term interests of all federally recognized Indian tribes in Oregon, and act in the best interests of the affected communities, ranging from Hood River to Portland to Beaverton.

BACKGROUND: Congressman Wu's first letter to Secretary Norton followed the announcement of the Tribal-State Compact signed by Oregon Governor Ted Kulongoski and the Confederated Tribes of Warm Springs earlier this year. In that letter, Congressman Wu asked that the Compact be rejected. He also requested Secretary Norton to call for an Environmental Impact Statement (EIS) as required by the National Environmental Policy Act. Secretary Norton rejected the Compact on May 20, 2005 and since that time the scoping process for an EIS has begun.