Tribal land issue smolders

For the second week in a row, emotions flared at the weekly Board of Commissioners meeting over the county’s opposition to have the downtown Roseburg land pegged for a convention center placed in tribal trust.

A capacity crowd that packed the meeting Wednesday listened as a stream of speakers got up and praised Commissioners Dan Van Slyke and Marilyn Kittelman for raising concerns over having the property taken up by the Holiday Motel and the former Surplus Center removed from the property tax rolls and placed into trust.

They were matched by others who criticized the two commissioners for carrying on a feud with the Cow Creek Band of the Umpqua Tribe of Indians over a project they say will benefit the entire community.

Two weeks ago, Van Slyke and Kittelman sent a letter to the federal Bureau of Indian Affairs questioning the wisdom of placing the land into trust. They said they were worried about the effect the loss of $16,000 annually in property tax revenues would have on various taxing districts in the county. The letter, which Commissioner Doug Robertson refused to sign, came in response to a letter from the BIA asking for the county’s response to the request.

Earlier this week, the same two commissioners sent a follow-up response to the federal agency. They asked for a moratorium on moving any additional land into trust and sought a study to determine the effects removing property from the tax rolls has on poor rural communities.

Martin Burnett complimented Van Slyke and Kittelman for taking a stand in raising concerns about the tribe’s application to obtain tax-exempt status for the properties. The Surplus Center and the motel, which the tribe plans to continue to operate, take up 1.5 acres. Previously, the tribe obtained trust status for the nearby parcel that formerly held the Douglas County Farmers Co-Op.

Burnett, who lives in Camas Valley, said he was concerned about the tribe’s increasing property holdings in the county. The Cow Creeks have purchased more than 4,000 acres of land that have been placed in trust. He questioned whether that was beneficial for the county.

“We need to debate it. It needs to be brought out for all of the constituents in Douglas County,” Burnett said.

Don Kruse, who owns Kruse Farms in Melrose, said it hasn’t been financially feasible for private interests to develop a convention center in Roseburg, although the idea has been talked about for more than 20 years.

“I don’t know of any businessman who would do what they’re planning to do in downtown Roseburg,” Kruse said. “I think it would be a shot in the arm and Roseburg needs a shot in the arm.”

Chuck Cates, who works for i.e. Engineering in Roseburg, told the commissioners he saw a lot of similarities between the tribe’s activities in establishing the convention center and the county’s plans to construct the Milltown Hill Dam southeast of Yoncalla. Both are meant to stimulate jobs and provide economic development, he said.

The county bought up dozens of acres of land along Elkhead Road to construct the dam, a project that was abandoned seven years ago because of the cost of fish ladders that would have been required.

County officials are currently investigating whether that requirement could be waived and the dam built.

In both cases, land that had generated property taxes was taken off the property tax rolls for a greater good, Cates said.

“I don’t see a lot of difference between the convention center and Milltown Hill,” he said.

Canyonville resident Floyd West pointed out that the county had given generous tax breaks to North River Jet Boats, Fred Meyer and other companies to locate in Douglas County over the years. Part of the incentives consisted of breaks on property taxes.

Sutherlin resident Jack Van Dolah said he was concerned about the tribe paying its own way after the property for the convention center is placed into trust but the Cow Creeks still require city of Roseburg services.

“’If they would just pay for the police services and the fire services they use — which they get for free — that would be a good thing,” Van Dolah said.

The tribe is currently negotiating a contract with the city of Roseburg to pay for infrastructure improvements needed for the convention center and to pay for added public safety services.

Melrose resident Martha Young accused the two commissioners of having “tunnel vision.” Young, who is president of the Cow Creek Indian Foundation, which awards 6 percent of tribal gaming profits to charitable groups in Douglas County and adjoining counties, said the convention center project would benefit a great number of businesses independent from the tribe.

Although Van Slyke and Kittelman have said they are looking out for the best interests of the entire county, that isn’t so, Young said.

“You’ve been given the public trust. Shame on you for squandering that trust,” she said.

Van Slyke pointed out that all three commissioners who were in office last year — Robertson, former Commissioner Joyce Morgan and himself — sent a similar letter expressing concerns when the tribe sought to place the co-op property into trust. It hasn’t been just he and Kittelman who have raised the issue, he said.

Robertson said he talked with officials from the city, the Roseburg School District and other agencies that stand to lose property tax revenue from the property going into trust. All of them support the convention center project and he said the $900 a year the county stands to lose isn’t very significant.

“To me, it didn’t make sense (this time) to appeal or to write a letter at all,” Robertson said.

Norm Neal, who served eight years as county sheriff, questioned what rights local law enforcement agents would have on tribal property.

Kittelman raised the same issue at last week’s meeting.

Sheriff Chris Brown, who did not attend the meeting, said the county has had a cordial relationship with the tribe and that there has never been a problem going on to the casino property in Canyonville when needed.

Brown said there was once an issue on how to serve legal papers to people on tribal property. That was easily resolved, he said, when the tribe offered to serve the papers itself and have one of its security

officers sign the necessary legal documents needed for court.

Monte Smith, who retired last year from the Oregon State Police and who supervised law enforcement oversight of tribal casino operations in Canyonville, Klamath Falls and in Coos Bay, said the gaming compact signed by the Cow Creeks and other tribes give police authority on tribal property.

“I had 110 percent access to their facilities and 110 percent complete cooperation from the (Cow Creek) tribe,” Smith said.

Wayne Shammel, the Cow Creek tribal attorney, said having the sheriff’s office come on to tribal property was no more problematic than if police officers in Portland needed to go across the Columbia River to Vancouver, Wash. Because that involves crossing a state line, the local police would need to be contacted but it wouldn’t be a problem, he said.

Shammel said the tribe has always cooperated with law enforcement agencies and would never try to prevent someone from escaping justice. For example, he said the tribe opposed a motion by tribal member and convicted murderer Scott Steffler, who argued that the state did not have jurisdiction to prosecute him because of his tribal status.

“We said he’s a bad guy and take care of him,” Shammel said.



• You can reach reporter John Sowell at 957-4209 or by e-mail at jsowell@newsreview.info.