Yuba County Supervisor Dan Logue and an attorney for Enterprise Rancheria clashed Tuesday over the tribe's casino plan.

The attorney, James Cohen, reminded the Board of Supervisors that Yuba County approved a memorandum of understanding with the tribe in December 2002 supporting its proposed hotel-casino.

"We ask for your continued support," Cohen said, and asked that individual supervisors "do not violate" the 2002 agreement.

In July, Logue sent a letter to Gov. Arnold Schwarzenegger, urging him not to negotiate a gaming compact with the tribe until it has the 40 acres on Forty Mile Road in trust.

"A simple statement that the governor is not negotiating with any tribe that does not have land in trust would be appreciated," Logue wrote.

Peter Siggins, the governor's Legal Affairs secretary, replied earlier this month that Schwarzenegger was unlikely to negotiate with the tribe "at this time" because Enterprise Rancheria lacks "adequate" community support.

Supervisor Mary Jane Griego said she was unaware that Logue had sent a letter to the governor.

"It's always been my understanding that we have our First Amendment rights," she said, but "are we authorized to send a letter on behalf of the board. Was this letter sent as the Board of Supervisors? I'm just being made aware of the letter today."

County Counsel Dan Montgomery said an individual supervisor can't send a letter and "represent that is the position of the Board of Supervisors."

But when a person is elected, "they don't give up their First Amendment right," he said. "They retain the right to express opinions on matters."

Logue assured the board, "Nowhere in that letter does it say it represents the Board of Supervisors. I wanted to know where the county stands. This process has been bandied about for the last two or three years. I wanted to know from the governor whether he would negotiate with a tribe that doesn't have land in trust."

Logue asked Cohen if the tribe would support the county's request to the Bureau of Indian Affairs that it require an environmental impact statement for the hotel-casino project.

"Mr. Logue, if you are offering to support the tribe for an agreement to do a full EIS, I think we have a basis to talk," Cohen said, noting that the development would create about 900 jobs.

"You put words in my mouth," Logue replied. "We were presented with an (environmental assessment). We said it's not good enough. We sent a letter to BIA that we would like an EIS. I want to make sure this county is protected with a full EIS. I want to know if you support our letter, yes or no."
Cohen said there were nine letters received about the EA.

"I can't give you an answer until we fully cogitate," Cohen said.

Logue then brought up S. 1955, a Senate bill carried by Sen. Ben Nighthorse Campbell, R-Colo., that would have helped Enterprise Rancheria, although it wasn't mentioned by name. The legislation has since been amended, apparently dropping the Enterprise Rancheria provision.

Cohen said Logue was "misinformed about the bill" and that it didn't automatically place the Yuba County land in trust for the tribe.

"The bill you're referring to would make sure Enterprise Rancheria is afforded all of the legal rights that terminated and subsequently restored tribes enjoy under the law," Cohen said.

Appeal-Democrat reporter Harold Kruger can be reached at 749-4717. You may e-mail him at hkruger@appeal-democrat.com.