In 2005, when neighbors attempted to remove a fireworks stand from their mobile home community, Bremerton, Washington City Attorney Roger Lubovich discovered the property had been taken into federal trust in 1928 for the descendants of Roberta Law Ross, a member of the Quinault tribe who joined the Samish Indian Nation of Anacortes in 1977. The Suquamish Tribe, owners of Clearwater Casino and Resort, has a gaming compact with the state and has previously supplied the family with the fireworks permit.
But fireworks are small sparks compared to the big bang Ross’ 13 living descendants and the development group they’re working with. They would like to build a 34,000 square foot casino on the .79-acre plot. Kevin Chambers, one of Ross’ great-grandchildren and the unofficial spokesman for the family, said, “We’ve always dreamed about the idea of having a casino here. We think it would be good for our family, good for the community and good for the city.”Added another great grandchild, Moe Prine, “If we had inherited land, we could sell it or develop it. But as it stands, it’s like living on a gold mine that we can’t mine.” Chambers said the casino could create 200 new jobs and generate $30 million annually for the local economy.
Trust land, however, technically is owned by the federal government and cannot be sold without approval from the Secretary of the Interior. If the family sells it, under most circumstances it would lose trust status. Lubovich said the land has a restricted status that is similar, but not identical, to that of a reservation. “It is land held in trust for an individual and her family. It is not a reservation, and it is not for a tribe,” he said.
But the family claims the land’s status in federal trust makes it similar to that of an Indian reservation, and therefore a casino could be built there if certain conditions are met. For example, the family would have to establish that the land meets the definition of Indian Land under the Department of Interior. Then, the family would need to show the land is subject to a federally recognized tribe’s governmental power. The tribe would need a compact with the state to authorize gaming on the land. Or, the governor would have to amend a tribe’s existing compact, and that would have to be approved by the Secretary of the Interior. In the case of the proposed Bremerton casino, it is not clear which tribe, if any, would claim to have governmental power over the parcel.
Ron Ragge, a managing member of Gold Mountain Capital, the development group working with the Ross family, said he has been having exploratory conversation with some tribes, but would name them. He added he recently met with 35 neighboring homeowners to talk about the casino and the possibility of buying the lots around it for parking. He said the majority were supportive and several were interested in selling their land. Opponents, however, said the neighborhood is a poor location for a casino. Resident Jean Shannon said, “I cannot imagine a worse idea. This will completely destroy the peace of the neighborhood.”
The city recently filed a lawsuit in Kitsap County Superior Court against the Ross family members who operate the fireworks stand, hoping to discover if the city has regulatory authority over the property. “We have to determine once and for all whether we have that authority or we don’t,” Lubovich said. He noted the city has not taken an official position on the casino.
