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Tuesday, 22 May 2007 23:43

Buena Vista Tribe’s Final TEIR: School Bus & Traffic Safety- Who Is Responsible?

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slide2The Friends of Amador County, a group formed in opposition of the Buena Vista Band of Me-Wuk Indians proposed Flying Cloud Casino, is reacting to the Final Environmental Impact Report from the tribe. The reaction to just one issue, the issue of school bus safety, was swift and angry according to Friend’s President Jerry Cassesi. According to the Final report from the tribe they agree that "Certain loading points in the area lack adequate space to accommodate pick-up, drop-off and vehicular traffic circulation at the same time, creating potentially hazardous conditions."  According to Cassesi, although the tribe admits those dangers to the community’s children, their response is inadequate and in fact states Cassesi, it is arrogant.

slide3 The tribe’s response is that "School buses and motorists in the vicinity of school buses are required to follow traffic laws meant to ensure the safety of children and other users of the roadways.  The Tribe has no authority to control individuals or to police traffic crimes or other unsafe driving outside the reservation boundaries." The tribe further states that the casino project is subject to the terms and conditions set forth in the compact, not the California Environmental Quality Act and the TEIR complies with the compact. In other words- even if the casino creates more traffic on the road, potential dangers are not the tribe’s problem says Cassesi. Cassesi states that this response is inadequate. Cassesi states “The Tribes Final TEIR shows an arrogant and blatant disregard for the safety of our school children just so a Tribe of 1 that already makes more than $1.2 million per year can make millions more.  It is inconceivable that the governor would accept this TEIR.” The tribe does state that one of their Public Service mitigation measures is to help with the funding of additional law enforcement personnel.

slide7 This, in turn, will help the school bus safety issue by enabling local law enforcement to more effectively maintain safety in the areas surrounding the casino. The problem with this line of thinking is that the law enforcement responsibility for many of the roads in the Jackson Valley area, including Buena Vista Rd and Jackson Valley Road are the enforcement responsibility of the California Highway Patrol- the CHP receives no money from the tribe’s mitigation because they are a state agency and in theory, covered under the state’s compact with the tribe. Will Governor Schwarzenegger be devoting some of the 15 percent cut the state will be receiving from the tribe’s gambling revenues to fund additional CHP officers for the safety of the roads and those that travel upon them?

slide8 According to Amador Area Lt Commander Ed Witbey the local office of the CHP did respond to the Draft TEIR by asking for funding for six additional officers which the local office feels will be necessary for the safety of the roadways and the people on them, however the tribe’s response to a comment asking about impacts to roadways and the lack of mentioning of any offsite casino impacts on the CHP- the tribe responded that it is not the intent of the tribe’s Draft Report to identify various funding allocations for the CHP because it is not required by the compact. What is required by the compact, however, is that Governor Arnold Schwarzenegger and his legal team agrees that mitigations are appropriate. The Governor has already suggested the tribe redo their first attempt at the TEIR, which the tribe agreed to do. According to Governor Schwarzenegger’s Press Office his legal staff has just received the lengthy document and has begun a comprehensive review of the Final TEIR. In principal, states the Press Office, the Governor strives to achieve the best results with the compact and the ensuing Final TEIR that will ultimately benefit the state, the local community and the tribe best.

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