Agreement allows another look at casino application

By Doug Stohlberg

The possibility of a casino in Hudson resurfaced last week when the federal government and three Bands of Chippewa Indians reached a settlement Dec. 1. Under the terms of the settlement the Department of Interior will again consider the Four Feathers' application for establishing a casino at St. Croix Meadows Greyhound Track in Hudson.

The Department of Interior denied the casino application on July 14, 1995. The three tribal members (Lac Courte Oreilles, Red Cliff and Sokaogon) of the Four Feathers group filed a suit against the Department of Interior on Sept. 15, 1995. (The fourth member of Four Feathers is St. Croix Meadows track and owner Fred Havenick).

Under the new agreement, the Department of Interior will resume the consideration of the tribe's application to allow a casino and put the dog track property into trust. In return, the tribes have agreed to dismiss their lawsuit against the federal government. The settlement does not affect the Four Feathers claim against the city of Hudson.

The process will include reviewing information that has already been collected by both those favoring and opposing the casino. A new twist to the proceedings, however, is that the tribes are also required to submit an expanded written assessment of the environmental effects of the proposed casino. When the Department of Interior has completed its work, the information will be opened for a 30-day public comment period. Those comments will be made a part of the administrative record. The tribes have an opportunity to respond to those matters in the record that do not favor their gaming operation.

The agreement also expressly states that it does not constitute an admission of liability by the Interior. The three tribes dismissed their suit without seeking costs, attorney fees or any other monetary compensation.

Last week's agreement was announced by Peggy A. Lautenschlager, United States attorney for the Western District of Wisconsin, and Lois J. Schiffer, assistant attorney general.

"This settlement agreement is the result of extensive mediation sessions conducted in Washington, D.C., by an experienced mediator, Michael Lewis," Lautenschlager said. "It represents a major step toward resolving an extremely contentious matter, and it allows the parties to go forward following the same general procedures that would apply to any other tribe seeking trust status.

"In effect, the agreement allows the parties to resume review of the application supplemented by additional information that the Department requires without wasteful duplication and red tape. At the same time, the people affected by this gaming proposal will have an opportunity to make their views known to Interior through their comments on the environmental document."

Lautenschlager said that even if the tribes had lost the lawsuit, they could have still reapplied for a casino. She said, "We would have been at square one, the same position we would be in today."

U.S. District Judge Barbara Crabb also had to approve the agreement and that was done Friday. She also denied a motion by the St. Croix Chippewa to intervene in the lawsuit.

The St. Croix Band had attempted to become involved in the settlement talks because they wanted the Department of Interior to stick by its 1995 decision of denying a Hudson casino. The St. Croix Tribe operates a casino in Turtle Lake.

Calling the action by the St. Croix "disingenuine," Crabb ruled that the tribe had no standing in the case and had chosen to submit their complaints late in the settlement talks.

The three tribes in the Four Feathers' partnership filed the suit against the Department of Interior in 1995 alleging a variety of wrongdoings within the department, which subsequently denied the casino application. Among the charges was that the decision was affected by a $300,000 donation to the Democratic Party by area tribes opposing the Four Feathers' plan. Interior Secretary Bruce Babbitt was cleared of any wrongdoing by an independent counsel, but there were still unanswered questions about the handling of the application.

To read the entire text of the agreement go to the Star-Observer Web site at www.rivertowns.net/. Click on "Hudson" under daily coverage, click on "last 30 days" and the copy can be found on "Friday, Dec. 3."