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Land Use Laundering in Oregon
Land use laundering: the ploy used by
local governments to facilitate casino expansion without accounting for
the impacts on land planning as usually is required by zoning and other
land use processes.
LAND USE LAUNDERING By Arnold Buchman of Oregon We have become all too familiar with the term "Reservation Shopping." It describes the practice of tribal governments, utilizing loopholes in fee-to-trust and other federal Indian law and aided by Abramoff-style lobbyists, contribution-grateful politicians and pro-tribal gambling regulators to acquire off-reservation casino sites. Now, we have a new term to reckon with: "land use laundering". This is a name for the ploy some local governments are using to facilitate casino expansion without accounting for the impacts on land planning as usually is required by zoning and other land use processes. The (Vancouver, Washington) Columbian recently ran an editorial criticizing a 2004 "Memorandum of Understanding" by Clark County commissioners agreeing to provide county water, public safety and similar services to a Cowlitz Tribe casino near La Center. However, in their haste to be dealt into this mega-casino project, the commissioners failed to give proper regard to procedures which are required by the County's comprehensive land-use plan. These "intergovernmental" arrangements providing municipal services that enable casino-site expansion follow no such processes. They are set in place without regard to the impacts of the tribal development of tribal neighbors, the citizens living under the local government's authority and protection. Generally, the arrangement is justified in terms of some form of "contribution" over and above the cost of the services provided. The adequacy of such payments is not the point. The avoidance of the impacts of tribal-property growth on the surrounding community's land use planning, resources and services is the point. Once enabled, that growth is not subject to local government control. Agreements for the municipality to provide services that facilitate expanded development on tribal trust land result in "off the books" growth. Because tribal land is beyond the reach of local law, it is important that citizens hold their local government to account for "land use laundering". Local citizens must insist that before "on reservation" growth is enabled, the local government must consider it within the context of the goals of local use management and comprehensive planning. Otherwise, "partnering" with a tribe is a free pass to evade planning. Florence, Oregon, is a case in point. But for the timely intervention of a private citizen willing to go to the state land court, the extension of sewer services to tribal trust land would have enabled totally unregulated development of a 100-acre site of the Three Rivers Casino. A bit of quick money can be tempting to shortsighted mayors and city managers. But, these officials are not there to turn a fast buck. We rely upon them to carefully consider long-term implications and to recognize that enabling "off the books" growth with land use laundering is contrary to the spirit, purpose, and policy of growth and land use planning. Published in One Nation United January 2007 Newsletter |
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