Despite prior objections, the City has outlined an agreement with the Tule River Indian Tribe, saying it will no longer stand in the way of the Tribe’s efforts to place 40 acres of land near the municipal airport into a federal trust.

It is a framework for cooperation that requires the Tribe to receive written approval from the City before it moves forward with any construction on the parcel. If the U.S. Department of Interior approves the tribe’s application to take title of the tribal property, it would provide breaks on taxes and state regulations not otherwise available to the Tribe.

“We took a different approach this time,” City Manager John Lollis said. “Instead of just having the city take an oppositional stance, because of concerns, we’ve delineated all the things that will have to be negotiated. Our comments [to the Bureau of Indian Affairs] in the past had been significant enough” to raise flags.

Tribal Administrator Sam Cohen declined to comment about the Tribe’s plans for the property, although in the past there have been proposals to construct a casino, hotel and golf course. The land is currently a partially developed industrial park and includes the offices of the Tule River Economic Development Corporation.

In 2008, the City and Tribe collaborated to form a non-profit corporation, the Porterville Area Airport Development Association and tried to get the state to enact legislation which would have allowed the two entities to function as a joint powers authority under state law; the Governor vetoed the legislation.

Although the City Council at the time indicated its approval of development of a casino on the Tribal property near the airport, the agreement forged recently specifies that the land use would not include gaming.

Since purchasing the acreage in 1989, the tribe has submitted two other applications to put the land into federal trust. In 2003, the Bureau of Indian Affairs requested comments from the city as a part of its review process; the city responded with concerns about whether the trust would restrict future airport operations and the city’s ability to provide water and sewer to future developments in that area.

The recently struck Cooperation Agreement was approved by the City Council behind closed doors March 16 and by the Tribal Council April 1. It does take effect until after the federal government takes title to the property in trust, and it stipulates:

- The Tribe will not engage in any new development, construction or new operation unless a written agreement is executed by the parties that assures consistency with the city’s General Plan.

- In whatever future agreement is struck, any and all appropriate monetary and community contributions will be committed to the city to account for the city’s share of lost revenues related to taxes, licenses and development fees.

- In the event the proposed development is not consistent with the city’s applicable regulations, development will not proceed unless and until a written agreement between the parties is executed addressing any additional impacts.

- The city will not oppose the trust application.

The agreement also includes a limited waiver of sovereign immunity, which would allow the city to take the matter to state court if the agreement is broken.

The Cooperation Agreement is disclosed in Tuesday’s City Council agenda, and can be accessed online at www.ci.porterville.ca.us/govt/citycouncil/agendas, or by visiting the City Clerk desk in City Hall, located at 291 N. Main St.

Contact Jenna Chandler at 784-5000, Ext. 1050, or jchandler@portervillerecorder.com.