FRIENDS OF THE COLUMBIA GORGE

Spring 2002 Newsletter

(continued on page 7)

Casino Gamble in DoubtPolitical and legal obstacles

could save Gorge landsBy Michael Lang, Conservation Director, michael@gorgefriends.org

pres

ervi

ng sc

enic

are

as Gambling advocates withthe Confederated Tribes of

the Warm Springs have wageredthat no one would challengetheir claim to an unfettered rightto build a 200,000-square-footcasino within the heart of theColumbia River Gorge NationalScenic Area. The Tribes havealso wagered that their applica-tion to withdraw 197 acres ofland from the Scenic Area for aresort, parking areas and other

casino-related development is anear certainty. These appear tobe wagers the Tribes may lose.

Significant legal and politicalhurdles stand in the way ofwithdrawing land from theNational Scenic Area for thepurpose of establishing a casinoand resort. The proposal wouldviolate federal laws and thegaming compact between theState of Oregon and the Tribes.Indeed, one of the biggest

obstacles for the Tribes is the verylaw that authorizes and regulatesIndian gaming: the Indian Gam-ing Regulatory Act (IGRA).

Gaming Law MayProhibit Gorge Casino

The Indian Gaming RegulatoryAct (IGRA) limits the right tobuild a casino on trust lands thatfit the definition of “Indianlands.” The Hood River trust landfails to meet the definition ofIndian lands because the Tribeshave never asserted “governmen-tal control” over the land. Theisolated, undeveloped parcel isnearly 100 miles away from theWarm Springs Reservation.Federal courts have routinelyrejected attempts by other Tribesto construct casinos on similartrust lands.

Even if the trust land fit thedefinition of Indian land underIGRA, the Tribes’ gaming compactlimits it to one casino on theexisting reservation. In order toestablish another casino, the Stateof Oregon would have to agree toamend the compact and thefederal government would have toapprove the amendment. Cur-rently, this is very unlikelybecause Governor Kitzhaberopposes off-reservation casinos.

Gorge Hiking WeekendBrochure

I N S I D EAs seen above, forested slopes toward the west end of the Historic ColumbiaRiver Highway Trail between Hood River and Mosier would be dominated bythe proposed casino development. photo ©Darryl Lloyd

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Executive Director’s LetterOne of the more vexing challengeswe face in the Columbia Gorge

today is the threat of a casino just east ofHood River. For more than 20 years,Friends of the Columbia Gorge hasworked with the Confederated Tribes ofthe Warm Springs in supporting Gorgeprotection. Friends has worked toensure that private lands rich in culturalresources were purchased by the ForestService for protection. Warm Springstribal members have traveled to Salemto testify in support of Gorge Commis-sion funding and upholding the stan-dards of the management plan.

But here we are today, traditional allies,at opposite ends of the table. Fortu-nately, we are both still at the table, andhave continued talking throughout this difficult process. Talking about the our veryreal concerns with the site. And talking about alternatives to the proposed sites thatwould address both concerns.

In the meantime, the Tribes have adamantly moved forward on the Hood River site.They recently regraded and added 700 feet to an abandoned road without goingthrough the required permitting process. The Tribes were required to follow the ScenicArea laws just as any landowner would. To date, the Tribes and Hood River Countyhave refused to remedy this situation.

Friends of the Columbia Gorge is determinedly moving forward to stop the HoodRiver proposal. We traveled to Washington, D.C. to meet with the Bureau of IndianAffairs and key members of the Congressional delegation, asking them to oppose theTribes’ request to bring 197 acres of newly acquired land into trust status, thus exempt-ing the lands from the protections of the Columbia River Gorge National Scenic Area.

As this chess match continues, I hope Friends and the Warm Springs Tribes cancontinue to talk and show respect for each other’s opinions. Will we find a solutionthat serves both sides? I don’t know. Will we rebuild a relationship founded on pro-tecting this beautiful and sacred place? I truly hope so.

It’s not always easy being a “friend” of theColumbia Gorge, but it is always necessarywhen such a magnificent asset is at stake.

Sincerely,

Kevin GormanExecutive Director

Mission StatementFriends of the Columbia Gorge shall vigorously protect the scenic,

natural, cultural and recreational resources within theColumbia River Gorge National Scenic Area.

We fulfill this mission by ensuring strict implementation ofthe National Scenic Area Act; promoting responsible stewardship

of Gorge lands and waters; encouraging public ownership ofsensitive areas; educating the public about the unique natural

values of the Columbia River Gorge and the importance ofpreserving those values; and working with groups andindividuals to accomplish mutual preservation goals.

—Adopted November 20, 1997

Kevin Gorman(second from right)prepares to headout on Friends’Memaloose Hillshike with hisdaughter, Meghan.The outing drew75 hikers.photo: Diana Karabut

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Citizen Involvement Update

Friends’ Outreach &Volunteer HappeningsBy Betsy Toll, Volunteer Coordinator, betsy@gorgefriends.org

Final 2002Shepherd Training

Spring Wildflower Hikes are stillgoing, and Gorge Hiking Week-end is coming up June 13-16 (seeGorge Hiking Weekend brochureinsert for a full list of events). Everyhike needs shepherds as well asdesignated leaders to ensure a safeand enjoyable hike for everyone.

Be a Hike Shepherd!Training details:Tuesday, May 285:30 to 7:00 p.m.522 SW 5th Ave., #916, Portland

Please RSVP so we’re sure to haveplenty of pizza! Email Amy atamy@gorgefriends.org, or call her at541-386-5268. ■

Thanks to ourHiking Heroes

Friends’ volunteer hike leaders andshepherds provide wonderfulGorge experiences for hundreds ofpeople each spring. We greatlyappreciate everyone who contributestime and energy to make these hikesavailable to the public.

Special mention this spring goes tohike regulars Bev Linde, Ken andCaroline Bailey, Ray Hayden, CarltonOlson, Nancy Russell and Ken Denisfor their generous spirits out on thetrails. These “Hiking Heroes” arealways there for other hikers, makingsure everyone’s hike is safe andrewarding. Great thanks to all of you.We couldn’t do it without you. ■

Autumn Hikes

Autumn is a wonderful time toexperience the Gorge, as greenturns to gold and the hillsides andforests begin preparing for winter.

Stewardship in the Gorge

AmeriCorps member AmyBrown in our Hood Riveroffice has been scheduling monthlystewardship projects in the Gorge.Amy’s term will be finished in lateJuly, but here are upcomingprojects she has scheduled:

• June 27 – removing knapweedat the Columbia Gorge Discov-ery Center in The Dalles, OR.

• July 13 – removing English ivyand Himalayan blackberry atBridal Veil Falls, in partnershipwith REI and Oregon StateParks.

Check our website each month fordetails on upcoming projects. ■

Hiking hero Bev Linde greets a hiker outon the trail with a basket of treats.photo: Ken Denis

Stewardship volunteers at Bridal Veil loadivy and blackberry onto a dump truck tobe hauled away.photo: Betsy Toll

This year our autumn hikingschedule will begin on Saturday,September 14 and continue for sixweekends, through October 19.Look for all the details in ourAugust newsletter, or on ourwebsite after August 25. ■

Gorge Lovers’Email List

Our activists’ email list isthe best way to getannouncements of upcomingstewardship events, hikes andother programs. Emailbetsy@gorgefriends.org or call503-241-3762 x107 to join ourlow-volume list of Gorge actionalerts and Friends’ activityupdates. ■

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In the Courts and in the Field…By Michael Lang, Conservation Director, michael@gorgefriends.org,and Nathan Baker, Staff Attorney, nathan@gorgefriends.org

Conservation and Legal Program Highlights

removal, including Friends’ staff,attended the hearing.

Condit Dam has blockedsalmon and steelhead passage inthe White Salmon River since1913. In 1999, Pacificorp (the damowner) entered into an agreementwith regulatory agencies, environ-mental groups, and Tribes toremove the dam beginning in2006. At 125 feet high, it will bethe largest American dam yetremoved.

The FERC staff has concludedthat Pacificorp’s dam removalproposal with modifications“would provide the best and mostcost-effective means of removingthe project facilities and reservoirsediments while concurrentlyproviding for the protections ofenvironmental resources.” Even-tually, the FERC Commissionerswill officially decide whether toaccept Pacificorp’s proposal. ■

Gorge CommissionIgnoring Public Comments

The Columbia River GorgeCommission is heading on apath toward weakening Gorgeprotection rules.

Rather than listening to theoverwhelming majority of peoplewho wrote letters supportingimproved protection of scenic,natural, cultural and recreationresources, the Commission seemsmore interested in quietingopponents of Gorge protection.The Commissioners are beingencouraged by staff to considerallowing more development in theGorge.

Here are some examples ofrecent Commission actions:

• Refusal to examine existingrules allowing open pit mining;

• Refusal to place limitationson residential development indangerous landslide areas;

• Adoption of plans to con-sider allowing more commercialuses in the National Scenic Area;

• Adoption of plans to con-sider allowing industrial uses,including fish processing plants;

• Supported consideration ofallowing new public and privateschools within the National ScenicArea, outside of urban areas;

• Considered weakeningzoning restrictions in 11 areas;

• Refusal to strengthen scenicresource protection standards.

Take Action to protectthe Columbia Gorge:Write to the Gorge Commission-ers and tell them that youoppose weakening the Manage-ment Plan to allow more residen-tial and commercial develop-ment in the National Scenic Area.Let them know you are disap-pointed that the Commissionrefused to even consider placingmore restrictions on open pitmining and also refused to limitresidential development ingeologic hazard zones.

Anne Squier, ChairColumbia River GorgeCommissionP.O. Box 730White Salmon, WA 98672Fax: 509-493-2229Email: crgc@gorge.net

Since the Gorge Commission hasomitted some comments from therecord, please send a copy of yourletter to Friends of the ColumbiaGorge so we can track commentletters submitted. ■photo ©Daniel Dancer

School children paradedthrough the FERC hearingon Condit Dam in supportof dam removal.

U.S. Supreme CourtDenies Review

Friends’ last newsletter statedthat Chris Woodall and theGorge Commission were askingthe U.S. Supreme Court to reviewa matter involving the bi-statecompact that created the GorgeCommission. Friends providedlegal assistance to Mr. Woodallbecause of the potential of the caseto weaken regional planning inthe National Scenic Area.

Skamania County opposedreview, arguing that the case onlysets a precedent for a narrow areaof law involving nonconformingland uses.

On April 2, 2002, the SupremeCourt denied review. Friendsassumes that the Court’s unwill-ingness to hear the case meansthat Skamania County’s narrowinterpretation of the case iscorrect. Hopefully the GorgeCommission will clarify the rulesregarding nonconforming landuses in the near future. ■

Condit Dam RemovalPlans Move Forward

On March 13, the FederalEnergy Regulatory Commis-sion held a hearing in Hood River

on the environmentalimpacts of variousoptions for the future ofCondit Dam. More than150 supporters of dam

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On April 4, 2002—exactly196 years after the Lewis &Clark expedition camped atthe western gateway to the ColumbiaGorge en route back to St. Louis—Friends of the Columbia Gorge, alongwith Carl Pope, National ExecutiveDirector of Sierra Club, and the Trustfor Public Land, launched our Lewis &Clark Landscapes Project to the media.Media coverage was widespread, withstories in The Sunday Oregonian, theSeattle Post-Intelligencer, and theColumbian, and also on Oregon PublicBroadcasting Radio, KEX Radio, andKPAM Radio.

The goal of the Lewis & ClarkLandscapes Project is to ensure publicprotection of approximately 4,000acres of Gorge lands by 2004, aboutthe time that the Pacific Northwestwill begin commemorating the Lewis& Clark Bicentennial.

We estimate that $30 million infederal funds will be needed topurchase these lands. In January 2002,President Bush called for $10 millionfor Gorge land acquisition in hisbudget. This is the largest land-acquisition request in the country. InFebruary, Friends’ staff visited Con-gressional offices in Washington, D.C.to firm up support for Gorge landacquisition. Representatives EarlBlumenauer and David Wu havesigned on as Lewis & Clark LandscapeProject supporters.

What You Can Do:Please contact your elected officials andask them to support funding of $10million for Gorge land acquisitionprogram. Sample letters, contact infor-mation, maps and photos of the Lewis &Clark Landscapes are available atwww.lewisandclarklandscapes.org ■

By Tiffany Newton, Field Organizer, tiffany@gorgefriends.org

Lewis & Clark Landscapes Project Official Supportersas of May 2002, include:Annz PanzApeasay Organic FarmsBart’s Better BoardsBicycle Transportation AllianceCentral Cascades AllianceChinook Trail AssociationCity of MosierColumbia Gorge Audubon SocietyColumbia Gorge Discovery Center & MuseumEcumenical Ministries of OregonEndless River ProductionsFair Deal CommitteeFriends of Multnomah FallsFriends of the White Salmon RiverMarys Peak Group – Sierra Club

Ken Karsmizki,Curator of

History at theColumbia Gorge

DiscoveryCenter, and

Nancy Russell atthe Major Creek

landscape.Lewis & Clark

camped at themouth of Major

Creek on April14, 1806.

photo:Kevin Gorman

MazamasNative Plant Society: Mid Columbia ChapterNative Plant Society of OregonNorthwest Jewish Environmental ProjectOak Ridge Organic FarmsOregon Historical SocietyOregon Natural Resources CouncilOregon Parks & Recreation DepartmentOregon State Parks TrustOregon Zoo FoundationRepresentative Earl BlumenauerRepresentative David WuSave Our Wild SalmonWashington Environmental Council

A full-color Lewis & Clark Land-scapes Project booklet, withphotographs of key landscapes, amap and legend, and informationabout the program, is availableon request.

To receive a copy of this 16-pagebooklet, contact Tiffany Newtonat 541-386-5268, or emailtiffany@gorgefriends.org.

FRIENDS OF THE COLUMBIA GORGE

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Funding Gorge Protection

DevelopmentDirector’s ReportBy Jane Haley, Development Director, jane@gorgefriends.org

Lewis & Clark Come to Lifeat Annual Meeting

The excitement and passion ofself-made collector andhistorian Roger Wendlick filledFriends’ Annual Meeting as Rogerdescribed his 18-year sojournamassing one of the finest collec-

tions of Lewis andClark documents inthe world.

Dressed inauthentic clothingand trade beads likethose used on theexpedition,Wendlick’s authori-tative and vibrantlecture helpedFriends kick off ourLewis & ClarkLandscapes Project.Executive DirectorKevin Gormanintroduced theProject using slideshighlighting keylandscapes we hopewill be purchasedinto public owner-ship by 2004, when

the Bicentennial Commemorationis in full swing.

The setting for the meeting andluncheon was Lewis and Clark

College, where 120 ofour members helped uscelebrate our 22nd yearworking to protect thetreasured ColumbiaRiver Gorge. ■

Come to Friends’Picnic in the Gorge

Mark your calen-dars for Sunday,July 21. That’s the datefor our 2002 AnnualSummer Picnic. Thisyear’s event will be at anotherbeautiful private residence in theGorge. Invitations with full detailswill be mailed in mid-June, sowatch your mailbox for furtherinformation. ■

Meyer Memorial TrustSupports Friends’ Work

In March 2002, Friends of theColumbia Gorge received athree-year $185,000 grant from theMeyer Memorial Trust. The grantsupports our public outreachefforts for the Lewis & ClarkLandscapes Project, our work onthe Gorge Commission’s plan-review process, and our efforts topromote new parks and trails inthe Columbia Gorge prior to theLewis & Clark Bicentennial Com-

memoration. We are deeplyappreciative of the Meyer Trust’ssupport and their continuedinterest in protecting and enhanc-ing the Columbia River Gorge. ■

Friends’ Wish List

To keep ahead of the challengesof Gorge protection, we needthe following:

A computer with Windows2000 Pro, 20 GB drive, and aminimum 400Mhz processor.

Please call us at 503-241-3762 ifyou can help! ■

Executive Director Kevin Gormanpresents attorney Phil Jones with anaward for outstanding volunteerservice.

Creating a Lasting Gift“I wish I could make a significant gift that would have a lastingimpact.” That sentiment expresses how many of our members feel. Thefact is there are several ways to make gifts of enduring significance toour future.

Planned giving is the key to making a gift that at first blush mayseem beyond reach. Learn how gifts of stocks, life insurance policies orreal property can be designated for Friends’ endowment fund toprovide long-term support for Gorge protection. Please call our devel-opment department at 503-241-3762 x102 for more information. ■

Collector and historian RogerWendlick captivated theaudience with storiesamassing his world-classcollection of expeditiondocuments. photo: Ken Denis

photo: Ken Denis

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Proposal ViolatesEnvironmental Laws

If a future governor agrees toamend the gaming compact, anenvironmental review under theNational Environmental Policy Actis required for both the fee-to-trusttransfer and subsequent casino andresort development. The Tribes areasking for a limited “environmentalassessment” as opposed to a morecomprehensive “environmentalimpact statement.” Recently, theBureau of Indian Affairs (BIA)determined that a much smallerproposal in southern California hadthe potential for significant impactson the environment and is nowrequiring the preparation of anenvironmental impact statement.

The Warm Springs’ proposalwould also violate the NationalScenic Area Act (Act) by withdraw-ing lands from the congressionallydesignated area for the purpose oflarge-scale commercial develop-ment. Pursuant to Section 14(d) ofthe Act, the Forest Service hasnotified the BIA that the with-drawal of these lands would violatethe Act “in that protection of thescenic, natural, cultural and recre-ation resources within those 175acres would no longer be assured.”

In a March 13, 2002 letter to theBIA, gambling advocates for theTribes asked the BIA to ignore theForest Service determination. If theBIA were to accept the Tribes’position, then, hypothetically, allremaining private land in theGorge could be purchased by the

Tribes, withdrawn from the ScenicArea and subjected to unregulatedlogging, mining and development.Surely, Congress did not intendthis outcome when it passed thislandmark federal legislation.

The Public Opposes theLand Transfer and Casino

To their credit, the Departmentof Interior and the BIA havemoved the decision-makingauthority on these issues to Wash-ington, D.C. and away from theregional office of the BIA at theWarm Springs Reservation. Thisaction occurred following theoutpouring of opposition fromlocal, state, and federal officials;environmental groups; other tribes;and the public. This list includesbut is not limited to the City ofHood River, City of White Salmon,Hood River County, KlickitatCounty, Columbia River GorgeCommission, U.S. Forest Service,Governor Kitzhaber and keymembers of the state legislatureand the northwest congressionaldelegation. In Hood River County,73% of voters polled oppose acasino in Hood River.

Casino advocates have tried toforce the public to choose betweena poorly placed casino on landwithin the National Scenic Areaand a poorly placed casino onGovernment Rock in CascadeLocks. Friends rejects this choice.Decisionmakers should refuse to beput in this box and instead evalu-ate each proposal on its own. ■

Casino Gamble in Doubt(continued from page 1)

Portland Office522 SW Fifth Avenue, #820

Portland, Oregon 97204503-241-3762

Gorge Office416 Oak Street

Hood River, OR 97031541-386-5268

Board of DirectorsKim Gilmer, Chair

John Reynolds, Vice ChairNancy N. Russell, Chair Emerita

Ann Wheelock, TreasurerKen Denis, Secretary

Rick Ray*, Member At-largeChris Beck

William Bell*Broughton H. Bishop

Bowen Blair, Jr.North Cheatham*

Susan Garrett Crowley *Spencer Dick

Karen JohnsonChristine Knowles*

Missy Ryan*Dick SpringerLen Swenson*

StaffNathan Baker Staff Attorney

Amy Brown* AmeriCorps MemberMichele Fuchs Development Assistant

Glen Fullilove Land Use Legal AssistantKevin Gorman Executive DirectorJane Haley Development Director

Michael Lang Conservation DirectorTiffany Newton* Field Organizer

Kymberlee Snow Systems AdministratorBetsy Toll Volunteer Coordinator

* Gorge residents

Additional SupportLegal Counsel: Gary Kahn

Newsletter Design: Kathleen Krushas

Friends of theColumbia Gorge

www.gorgefriends.org

Take Action NowWrite a letter to the Department of Interior today. Ask the Departmentto deny the Warm Springs’ application to withdraw land from theNational Scenic Area for casino and resort development. At a mini-mum, the Department should require the preparation of an environ-mental impact statement in order to fully consider the environmentalharm that will result from this proposal.

Fax your letter to 202-208-5320, Assistant Secretary NeilMcCaleb, United States Department of Interior.

Friends of the Columbia GorgeP.O. Box 40820Portland, Oregon 97240-0820

Return service requested

Non ProfitU.S. Postage

PAIDPortland, OR

Permit No. 2623

Visit the Historic Columbia River Highway Trail

There are many reasons to visit the newly reopened section of the HistoricColumbia River Highway between Hood River and Mosier, including lookingat the potential tragic consequences of placing a casino complex just above it.In 1999, the five-mile stretch of the Historic Columbia River Highway between

Hood River and Mosier was reopened to the public, but not to automobiles. A statetrail for hikers, bikers, strollers and rollerbladers, it is one of the premier recreationareas in the Gorge.

The Warm Springs tribes are proposing to reopen portions of the Historic High-way to automobile traffic. They project the casino will draw 2.2 million visitorsannually, in more than 2,000 cars every day.

To see the proposed casino site: Take exit 65 off I-84 and head south to I-35. Atthe blinking red light, turn left (east) onto the Historic Columbia River Highway;follow signs to the Mark O. Hatfield State Park ($3 day charge). From the trailhead,walk or bike along the Highway for 1/3 mile, until the Highway bends slightly to theright and then veers due east. The proposed casino site is 200 feet above that bend. ■

IN MEMORY OF KEITH BIXBYMARILYN BIXBY

EDWARD AND MARGERY BOYRIERUTH DENNISALICE DERR

DOMINIC AND MELBA DULCICHLEO AND ROBERT GILMOREWALT AND ALICE HEIMAN

KENNETH AND MARION LEAVENSWW AND LORENE LUDWIG

OSCAR AND DARLENE TEMPLEGREG AND LINDA TEMPLE

TERRY AND NANCY TURNER

IN MEMORY OF PAULINE G. DYKSTERHUISPAULINE DYKSTERHUIS

LOLA JONATHAN

IN MEMORY OF LARRY UPSONIVON WILSON

Thank Youfor your

special contributions

Know Your Gorge

Cyclists rounding curves on the Historic Columbia River Highway Trail east of Hood River.

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photo: Diana Karabut