The memorandum of understanding stipulating how the Enterprise Rancheria casino would benefit its Yuba County surroundings needs re-examining, a former supervisor said — and a current one agreed.
Because it was approved nearly nine years ago, the existing MOU at the least needs an update and at most total revision, said Don Schrader, who helped write the memorandum while he was on the board.
"I think the whole thing needs to be discussed again," said Schrader, who voted against the MOU when it went before the full board in December 2002. "There's been a lot of water under the bridge since that was done."
When the MOU was finalized, Schrader said, the tribe behind the casino, the Estom Yumeka Maidu, believed they'd have a project ready to go within two to three years.
Numerous delays pushed the timeline back, and a local advisory measure in 2005 showed a majority of residents opposed the project. After receiving federal approval earlier this year, the casino awaits the OK from Gov. Jerry Brown before the tribe can proceed.
Because the casino might still take years to build, Schrader said, the original MOU should've had a sunset clause to force new discussions when conditions have changed.
Supervisor Roger Abe, who unseated Schrader in 2008, said the idea has merit.
"It was introduced and passed fairly quickly, and I'm not sure how much the public got to look at it," said Abe of the MOU. His Wheatland-area district would include the casino site.
Court cases since 2002 have suggested tribal compacts should be more generous to their surroundings, he said. And the 2005 vote should also be taken into consideration, he added.
The MOU spells out how the casino would benefit the county, specifically how much the casino would pay to the county over time and how law enforcement and other public services would interact with the casino.
Schrader said among other areas, he's concerned the federal government's review of the environmental and traffic impacts was cursory at best. "I think all they may have asked is, 'Is there an MOU?'" he said.
But Supervisor Mary Jane Griego, who was on the MOU committee with Schrader, said the document is open ended precisely because circumstances change.
Apart from money specified for anti-gambling and public safety, she said, the money the county would receive from the casino annually could be used for whatever the board of supervisors sees fit.
"We negotiated a contract that was held up as a model of a good agreement," said Griego, who supports the project. "I think that still holds true."
The MOU also required the casino to follow all applicable state and local laws, so if there are changes they're covered, she said. And even if there was sentiment on the board to re-open the memorandum, doing so would also require the okay of the tribe, she pointed out.
Tribal representatives could not be reached for comment Wednesday.
For his part, Abe said, he might raise the topic of examining the memorandum of understanding, though whether it has legs among other members is unclear.
"I think it's worth having a conversation about," he said, though he added because his tenure as board chair expires next month, it'll need more support than just his for further discussion.