County board upset about letter regarding gaming facility

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SYCAMORE - DeKalb County Board members on Wednesday directed State's Attorney Ron Matekaitis to send a legal memorandum to the federal government that explicitly states that having an intergovernmental agreement with an American Indian tribe that has proposed building a gaming facility near Shabbona does not mean the board supports having one in the county. Members expressed frustration Wednesday toward a letter sent to the county by the National Indian Gaming Commission that requested a copy of that agreement, which is with the Prairie Band Potawatomi Nation. The letter, dated May 14, said the NIGC had become aware through press reports that a “development and jurisdictional agreement” was made in February between the county and the tribe and the federal government wishes to review it to “consider whether it has any implications for our pending analysis.” The intergovernmental agreement spells out how DeKalb County and the Potawatomi will work together if a tribal gaming facility were to be built near Shabbona. The tribe bought 128 acres of land near Shabbona for $8.8 million in April 2006 and has proposed building a 24-hour electronic bingo hall there. Reservation status is needed for the Potawatomi to build the facility as it is currently proposed. The tribe claims the land is part of 1,280 acres given to Chief Shab-eh-nay in an 1829 treaty. The Potawatomi, descendants of Shab-eh-nay's band, claim their rights to the land were never extinguished, making the land a reservation. A land determination was requested, but the county spent at least a year negotiating an agreement with the tribe so that, if the land were declared a reservation, the county and residents near the proposed site would have some protection. The plan, among other items, calls for the Potawatomi to make annual payments to taxing entities in lieu of property taxes, abide by the county's zoning and building standards and offer 37 property owners near the tribe's land a fair market purchase guarantee. The agreement would be declared void if the land is found to not be a reservation. Board members were repeatedly assured during the negotiation process by several members of their legal representation that approving the agreement would not influence the outcome of the land determination. The board worked to ensure there was no language in the agreement that stated that the board or county supports having a gaming facility in the county, said Paul Stoddard, D-DeKalb. Julia Fullerton, R-DeKalb, said it was the understanding of the board that the federal government couldn't consider the agreement when making its determination. Roger Steimel, R-DeKalb, said he remembers lawyers for the Potawatomi saying the agreement could open doors for the tribe. “I'm upset about this,” he said. “We were sold a bill of goods. In no way do we want the people in Washington to think we support this agreement.” The NIGC asked the Potawatomi to provide the government with a copy of the agreement by May 30. The letter also said interested parties can submit a legal memorandum addressing “whether the agreement should affect on our the pending opinion concerning whether the Tribe may conduct gaming activities on its Shabbona Township lands pursuant to the Indian Gaming Regulatory Act; and if so, how the agreement should affect that analysis.” Those submitting memorandums have until June 30 to do so, according to the letter.