Lawsuit filed over STEP

The Kalispel Tribe of Indians filed a lawsuit against the U.S. Department of Interior on April 12 in the United States District Court for the Eastern District of Washington.

According to court documents, the nature of the lawsuit is a review or appeal of an agency's decision - specifically Interior's decision to permit gaming on off-reservation Indian lands from the Spokane Tribe Economic Project and approving the project's environmental impact statement.

In an April 18 release, the Kalispel Tribe explained that the Bureau of Indian Affairs' decision will "cause significant harm" to the tribe, its people and its future." Under the Indian Gaming Regulatory Act, the Spokane Tribe's off-reservation casino requires a positive two-part determination that demonstrates the proposed casino would not be detrimental to the surrounding community, which by law specifically includes nearby Indian tribes.

According to the release, the Kalispel Tribe and other local jurisdictions presented clear and compelling evidence during the emulation process that the Spokane Tribe's proposed off-reservation casino would indeed be detrimental to the area, "but the BIA ignored this evidence, failed to adhere to its own definition of detriment and disregarded the confines of its regulations."

In a June 18, 2015 Cheney Free Press story, Kevin Washburn, assistant secretary for the BIA, wrote that STEP "will not be detrimental to the community, but will create employment and increase tribal public service programs on the Spokane Reservation."

Gov. Jay Inslee agreed with Interior's decision and approved the project in July 2016.

Curt Holmes, Kalispel Tribe executive director of public and governmental affairs, said in the release that because the BIA ignored the Kalispel's comments and analysis, "legal action is the only avenue available to us to protect a sustainable economic future for our people."

"We support the Spokane Tribe's goal to develop more economic opportunity, but not at the cost of the Kalispel Tribe of Indians and our future generations," Holmes added.

In an April 18 news release, Spokane Tribal Council Chair Carol Evans stated the Spokane Tribe of Indians will "assist the Department of Justice in defending against the Kalispel Tribe's lawsuit, which boils down to an argument that the government is somehow required to insulate Kalispel's gaming monopoly against fair competition from us, the resident tribe, despite our significant unmet needs."

In an email, STEP spokesperson Jamie Sijohn said construction at the site continues to move forward and is progressing on schedule.

"Construction jobs continue to be filled and we just announced two new executive positions for the casino," Sijohn added.

The Cheney Free Press contacted Interior but received no response as of press time.

Paul Delaney assisted with the reporting of this story.

Al Stover can be reached at [email protected].