You have the right to comment

Published 12:58 am Friday, October 3, 2008

As your state representative, I believe our system of government works best when people are informed and involved. That’s why I am troubled with a process that has been under way for several months that could affect many local people – but that few know about.

This summer, the Snoqualmie Tribe asked the Bureau of Indian Affairs (BIA) to place three parcels of land near Snoqualmie in federal trust with the intent of eventually building a gaming casino there. The land, about 56 acres, is located near Interstate 90’s Exit 27 between 372nd Avenue Southeast and 378th Avenue Southeast near Snoqualmie.

Once the application was submitted, federal law required BIA to notify state, county and municipal governments, which have regulatory jurisdiction over the land. The law also provided an immediate 30-day comment period.

On July 12, BIA sent a letter informing the governor’s Office of Indian Affairs of the application. BIA never notified me, or any other local legislators about the Snoqualmie Tribe’s intentions. The governor’s office did forward a copy of BIA’s letter to my office in mid-September, long after the 30-day comment period had expired.

The Snoqualmie Tribe has already moved on to its next step – drafting an environmental impact statement (EIS). That could take as little as one year, or as long as several years. Once the EIS is submitted, BIA says a second 30-day public comment period will begin. The bureau added that comments will only be accepted from citizens or groups showing that they would be directly impacted by this proposed casino. In addition, BIA plans to contact only those people who have requested notification in writing.

It took nearly a month for BIA to return my repeated phone calls.

“It’s too late for negative comments, but we can always use positive feedback,” said Judith Joseph at the Puget Sound Agency office in Everett.

I asked why BIA hadn’t contacted me since the land under consideration is within the district I represent. “State notification means notifying the governor,” said Joseph. “What he does with it after that is his business.”

How frustrating! BIA and/or the governor’s office should have immediately contacted local elected officials and allowed this to become a public process. They did not. How could anyone take advantage of the 30-day comment period if they were not made aware that this application had been filed? And now BIA will only accept positive feedback? It seems to me that this federal process is seriously flawed.

The application process is now fully under way. Unfortunately, few local people, if any, have been given the opportunity to speak to this proposal to date. Whether or not you support the Snoqualmie Tribe’s proposal, you shouldn’t be shut out of the process. Certainly our community will have concerns that should be addressed by the EIS. For example, what is the impact of such a facility on local traffic?

Reservations are sovereign territory and therefore not subject to zoning laws. How will casino signage affect the Mountains to Sound Greenway Trust viewshed? Will our communities benefit from increased commercial or tourist activity? Will there be additional law enforcement costs?

I encourage you to become informed and involved in this important decision by requesting notification of the next public comment period. You must formally make the request in writing. The address is: Bureau of Indian Affairs, Puget Sound Agency, 2707 Colby Ave. Suite 1101, Everett, WA 98201-3665.

After the second comment period, the application moves to the regional BIA office in Portland. There will be opportunities to appeal the EIS before the Indian Court of Appeals, which is a federal administrative court. Many outcomes are possible. The fact that the Snoqualmie Tribe currently has no trust land will lend support to their request. However, their application could be approved for a reservation but denied for a casino.

Ultimately, the decision to approve or deny this application will be made by the U.S. Department of Interior. However, it’s a decision that should be made only after taking into account the voices of all who would be affected by a casino in our area. Ours is a government of the people. You have a right to be heard.

Cheryl Pflug represents the 5th District in the state House of Representatives. She lives in Maple Valley. You can call her office (360) 786-7852, or e-mail her at pflug_ch@leg.wa.gov.