President Joe Biden hastily approved a hotly contested proposal that could irreversibly damage inter-tribal relations across Oregon and California. Now, tribes are fighting back.
Last month, Biden’s administration filed a Final Environmental Impact Statement (FEIS) to allow off-reservation gambling for controversial plans for a South Medford casino project.
The Coquille Tribe of Coos Bay has been trying for 13 years to open the Class II casino in Jackson County off of Highway 99 – about 165 miles away from their reservation.
The tribe already owns the land and the former Roxy Ann Lanes bowling alley that they want to convert into a slot machine-only gaming facility called The Cedars at Bear Creek.
These plans have sparked outrage from the Cow Creek Band of the Umpqua Tribe of Indians in Douglas County, along with several tribes from Southern Oregon and Northern California.
The Cow Creek Tribe said they believe this casino would threaten their financial stability, as well as take business away from their own casino.
It could result in a nasty gambling war that could pit one tribe against the other.
In a lawsuit filed on Monday, the Cow Creek Band of Umpqua Tribe of Indians, Karuk Tribe and Tolowa Dee-ni’ Nation requested a ‘temporary restraining order against the Department of the Interior, Bureau of Indian Affairs, and members of the Biden administration, including Secretary Deb Haaland.’
Tribes and politicians across Oregon and California are frustrated with President Joe Biden’s administration’s last minute decision to push through the plans for the hotly contested casino plans
The outlined plans for the controversial Cedars at Bear Creek Class II gaming facility (pictured)
Oregon Governor Tina Kotek (pictured left) has requested an extension of the 30-day commenting period. Carla Keene, Chairman of the Cow Creek Band of Umpqua Tribe of Indians (pictured right), said she’s ‘frustrated’ the plans
They are asking a federal court judge to stop the casino plans ‘that would cause irreparable harm to their economic, environmental, cultural, and historic wellbeing.’
‘This legal action is our option of last resort after being denied repeated requests for consultation,’ Cow Creek Umpqua Tribal Chairman Carla Keene said of the suit in a statement.
‘The administration has failed in their responsibility under its own Executive Order, NEPA rules and executive proclamation to consult with our Tribes about a project that puts the interests of one Tribe over many others.’
The casino, the case’s plaintiffs argue, ‘would cannibalize the gaming revenue generated from the Cow Creek Umpqua and other Oregon and regional tribes’.
‘Acutely, there would be devastating social, cultural and economic impacts – and a loss of revenue for our Tribe’s healthcare, safety, mental health, economic development and education programs,’ Keene wrote to DailyMail.com before the lawsuit.
The Cow Creek-owned Seven Feathers Casino Resort in Canyonville is about an hour’s drive from the proposed Cedars at Bear Creek.
Biden’s go-ahead launched a ‘feedback’ period, lasting at least 30 days, for politicians and community members to voice their opinions about the casino before a final verdict is made.
Since then, the many enemies of the bill have let their anger known.
In a lawsuit filed on Monday, the Cow Creek Band of Umpqua Tribe of Indians, Karuk Tribe and Tolowa Dee-ni’ Nation requested a ‘temporary restraining order against the Department of the Interior, Bureau of Indian Affairs, and members of the Biden administration, including Secretary Deb Haaland’. The suit seeks to stop the casino (pictured) from being built
This consideration period was set to wrap up on Tuesday, and has evoked intense fear and anticipation among the Cow Creek Tribe as they feel unheard and unconsidered by the federal administration.
And they’re not alone in their misgivings.
Several politicians from Oregon and California have also spoken out against the new casino and called for an extension of this consideration period.
Keene wrote: ‘An approval would completely jeopardize our Tribe’s ability to deliver essential services – all fundamental to our people’s well-being.
‘If approved, this decision would upend the Indigenous cultural tradition of kinship between Tribes through proliferating off-reservation gaming while disregarding, and even fabricating, ancestral land ties.’
Keene claimed that the Coquille Tribe falsely cited ancestral ties to the plot of land to obtain federal approval.
The Coquille Tribe of Coos Bay wants to place a casino where the former Roxy Ann Lanes bowling alley is in Medford, Oregon
Several politicians have come forward with concern about the national precedent this decision may set (stock image)
Oregon Native American tribes are at odds over the Medford Casino plans Biden’s administration set forward
‘Historically speaking, the Coquille simply did not exist in Medford,’ Keene asserted.
In response to this accusation, Judy Farm, the Executive Director of Coquille construction firm Tribal One, said her tribe has every right to build on the more than two acres of land the casino would sit on.
Farm argued that these plans are justified under the Coquille Restoration Act, which is aimed at rectifying the the negative effects of tribes termination in 1954.
She revealed to DailyMail.com: ‘The Coquille Tribe was terminated in 1954. Congress restored the Tribe in 1989.
‘Within the law, Congress designated five counties in which Coquille could purchase land and have that become Coquille reservation land through a process called “fee-to-trust.”
‘Congress also designated Jackson county as a place the Tribe could pursue self-sufficiency through economic development. Cow Creek is well aware of these facts.’
Farm claimed that a fear of competition has been the true reason behind the stir surrounding the casino.
She explained: ‘At the heart of opposition to this project is competition. Tribes have been set up to compete for resources in Oregon and Cow Creek is simply trying to protect market share as long as they are able.
‘We understand that as ten years ago, the Coos Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians opened a second class II casino only four miles away from us.
‘We welcomed them to the market knowing we would need to compete and provide better service to our customers.’
But Native Americans beyond the Cow Creek Tribe and local politicians are concerned about the precedent this decision may set for future off-reservation plans.
The Coquille Tribe already owns The Mill Casino in North Bend on the Coos Bay
Secretary Deb Haaland, the first Native American Congresswoman, was slammed by the Cow Creek Tribe for not taking their concerns seriously
Oregon Senator Wyden told NBC 5: ‘This appears to set Oregon up on a path where decision-makers 3,000 miles away spawn a gambling arms race, changing our state forever and thoughtlessly tossing out the longstanding agreement come to in Oregon by Oregonians that all Tribes should share equal opportunity at success rather than an endless effort of one-up-manship.’
Senator Jeff Merkley agreed: ‘I am disappointed by the Biden administration’s decision to move the Coquille Indian Tribe’s Medford casino application forward in the approval process.’
The Cow Creek Tribe said they feel voiceless and defeated, as they feel the federal government, specifically the Bureau of Indian Affairs (BIA) and the Department of the Interior (DOI), has not been hearing their cries for help.
Keene told DailyMail.com: ‘The most part frustrating is how Interior Secretary Deb Haaland consistently dismissed our concerns, failing to treat us with the respect owed to sovereign nations.
‘Instead, we were treated as an inconvenience, unworthy of meaningful engagement.’
The DOI declined DailyMail.com’s request for comment about the casino and the claims made against Haaland.
The Record of Decision, which is the ultimate resolution about the future of the Medford casino, will be published in the Federal Register when the BIA draws their final conclusion.
On December 16, Oregon Governor Tina Kotek issued a public letter to the DOI, requesting an extension of the commenting period for another 30 days.
Senator Ron Wyden said this decision could set off a ‘gambling arms race’ that would send shockwaves through the state
The letter states: ‘This decision carries significant implications for Oregon’s communities, economic landscape, and broader state interests. It is critical to ensure that all stakeholders—Tribal Nations, local governments, and residents alike—have sufficient time to thoughtfully consider the FEIS and provide meaningful feedback.’
California Governor Gavin Newsom’s office wrote to the Cow Creek Tribe: ‘I write to express grave concern that the US Department of the Interior continues to move forward with at least two off-reservation gaming projects.’
The letter cited the Medford Casino, as well as two other projects that have raised concerns – the Shiloh Resort and Casino Project, and the Scotts Valley Casino and Tribal Housing Project.
Indian Country Today, an organization that serves Indigenous Communities, shared a statement on Facebook on December 18, wiritng: ‘The Biden administration and the Department of the Interior are rushing to approve a Medford casino project without proper consultation with affected Tribes.
‘This is a blatant disregard for Tribal sovereignty and environmental justice. We demand transparency and respect of Tribal nations.’
Oregon’s city of Phoenix also expressed deep worry for the casino plans, with City Manager Eric Swanson writing a letter to the BIA on December 17.
He echoed the sentiment that this consideration period is being rushed and claimed the environmental analysis in the FEIS ‘does not accurately reflect the reality of the impacts on Medford.’