BUILDING CASINOS: Senators sign letter opposing transfer of land to reservations.

Gov. Arnold Schwarzenegger has added his voice to those opposing the annexation of 54 acres to the Soboba Indian Reservation for construction of  casino/hotel/retail complex.

In a letter to Bureau of Indian Affairs Regional Director Dale Morris, Schwarzenegger said that the proposal violates his policy regarding annexing property in urbanized areas to reservations for casino construction, and that the draft environmental impact statement fails to address important issues that would arise from construction of the complex.

Five U.S. senators have also signed a letter opposing transferring land to reservations for casino construction, including both of California’s senators, Barbara Boxer and Diane Feinstein.

The signers also include Senate Majority Leader Harry Reid and John Ensign of Nevada and Jon Kyl of Arizona.

Their letter to Interior Secretary Ken Salazar pointed out that the department’s own policies require that added weight be given to such considerations as revenue loss to local jurisdictions and compatibility with existing uses and land-use policies.

The factors cited in the letter specifically refer to existing residential land use.

The proposed Soboba casino would be built adjacent to three existing residential areas.

Schwarzenegger’s letter said he opposes converting urbanized land to casino use.

Urbanized is defined as an area of 100,000 or more people.

Since 56 percent of the proposed casino site is in San Jacinto and San Jacinto is contiguous to Hemet, the combined populations make it an urbanized area.

The letter also says the environmental impact statement fails to address major issues that make it impossible for the Bureau of Indian Affairs to take the “hard look” at the impact of the proposed casino that is required under recent court decisions.

Among the study’s shortcomings is its failure to address what the Schwarzenegger letter said is a violation of the recently approved joint agency agreement covering withdrawals from the San Jacinto aquifer by withdrawing more water than the tribe is entitled to.

The environmental statement says the proposed casino complex would pull 4,144 acre-feet per year from the aquifer when the tribe has agreed to take no more than 2,900 acre-feet per year for the first five years of the agreement, and then no more than 4,100 acre-feet per year for the following 45 years.

Under the court decisions cited in the Schwarzenegger letter, the decision to allow the casino complex must include consideration of whether enough water is available to serve the project — as well as its impact on other customers present and future — and it does not, the letter says.

The letter also says the environmental document makes statements about the need for a new casino to increase revenue, provide more parking, and improve air quality control, but cites no facts in support of those contentions.

In the absence of substantiation, there is no way to assess the accuracy of the claims, the letter said.

Though the environmental statement contends that public safety issues will be adequately addressed through an agreement with the Riverside County Sheriff’s Department and proposed agreements with the Riverside County Fire Department, there is reason to be cautious, said the letter.

Though the Soboba Band of Luiseño Indians and the Sheriff’s Department have an agreement allowing the department to provide law enforcement on the reservation, the agreement is relatively recent when there have been shootings and issues between the tribe and the department.

It would be a good idea to let time pass to see whether the agreement holds up, the letter said.

Whether the construction of two fire stations and mutual-aid agreements with the California Department of Forestry and the county Fire Department would provide adequate medical and fire service cannot be known until the agreements are drawn up, the letter said.

Measures designed to handle the influx of vehicles expected during major events at the proposed entertainment arena at the new complex were also questioned in the letter, particularly since some of the proposed mitigation has not been arranged.

That includes a proposal to use the parking lots at four elementary schools and several other educational institutions for overflow on the busiest days.

Not only has the tribe made no arrangements for use of those lots, but there is doubt whether it would be possible since the facilities will sometimes need parking for their own activities.

There is also a lack of information in the environmental statement on what measures would be taken on and around the reservation, including the installation of traffic signals, according to the letter. No arrangements have been made to either pay for or get the cooperation of surrounding governments in such installations.

Though the statement provides a detailed analysis of noise mitigation during the construction stage, it is short on noise mitigation after construction is finished and operations have begun, according to the letter.

The letter, which was signed by Schwarzenegger legal affairs secretary Andrea Lynn Hooh, concludes with a recommendation that more work be done on the environmental statement so the effects of the casino project and the adequacy of mitigation measures can be evaluated before the land is taken into trust for the tribe.