Hopes by the Picayune Rancheria of Chukchansi Indians that they will be able to reopen the Chukchansi Gold Resort & Casino were dashed last week by the National Indian Gaming Commission, which wants to wait until after the tribe’s October 3 election. NIGC wants to be convinced that the new tribal government will be stable.
A spokesman for the NIGC spoke with a reporter for the Fresno Bee last week, noting that it will probably take several weeks after the election to convince them that the tribe has achieved stability.
That probably means that the tribe will have to go beyond the one-year anniversary of the closure order that was issued in response to an armed incursion of a faction of the tribe engaged in a power struggle with other factions.
The NIGC’s blessing is necessary for the casino to reopen. The commission is also waiting for a settlement agreement regarding two years worth of late audit after nearly $50 million was unaccounted for.
According to NIGC spokesman Michael Odle: “Government stability is one of the significant factors in our decision-making process as to whether or not to enter into a settlement agreement for reopening the casino.”
Odle added, “We sympathize with the tribe’s desire to reopen operations, but the reality is there are several conditions the tribe must address before the casino can reopen. This includes specific assurances, documentation and tribal government stability. Instability in the tribal government was an aspect that led to the current situation.”
There was some good news for the tribe last week, however. The Madera County Board of Supervisors approved a draft memorandum of understanding agreement that will provide county services, such as law enforcement, to the casino.
Even as the board approved of the MOU, two members of two rival factions of the tribe were disagreeing as to the legitimacy of each of them to function as part of the tribal government.
Reggie Lewis, chairman of the tribal council that the federal government has recognized until the October election, said that the group that showed up before the board was not a legitimate council.
“Her group is not recognized by anyone but themselves,” He said. “My council has been recognized by the Bureau of Indian Affairs, Interior Board of Indian Appeals, the National Indian Gaming Commission, The California Gaming Commission, and the governor’s office. We are currently in control of all he tribe’s financial dealings including education, housing, and anything associated with the federal government PL 638 funding which pays for various tribal benefits including fire protection, and some elder programs.”
Supervisor Brett Frazier said the county didn’t want to pick sides, but only to pass an agreement for mitigating issues created by the casino, such as traffic and public safety—and getting repaid $4 million that the county says the tribe owes it.
Tex McDonald, the former leader of the faction that led the occupation of a floor of the casino a year ago, will not be running in the October election. In fact, of the 32 candidates, only one is a member of that faction.
Odle won’t speculate on when the casino can reopen. “We can’t predict the outcome of the election, but we are and will continue to closely monitor events on the ground to ensure the tribe is moving in the right direction towards compliance,” he told the Fresno Bee.
Christian Good, chief operating officer for the casino declared last week, “The 125-plus team members have been working tirelessly to get the facility in pristine condition, we have and will continue to proactively address any and all concerns that the NIGC has identified, and we look forward to finalizing the reopening agreement expeditiously.” He added, “We are confident that the additional 900 employees we need to reopen will be on board in the near future.”
