Cascade Locks Resort and Casino EIS - Project Description

Project Description

Proposed Action

Site Plan
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The proposed Cascade Locks Resort and Casino would be within the City of Cascade Locks, in the Columbia River Gorge, 40 miles east of the City of Portland. To develop the resort and casino, the Confederated Tribes of the Warm Springs Reservation of Oregon (Tribe) seeks a fee-to-trust transfer (see FAQs) of approximately 25 acres in trust for the development of gaming and related entertainment facilities (including dining venues, hotel, spa, and cultural experiences). Pursuant to Section 20 of the Indian Gaming Regulatory Act (IGRA), the Secretary of the Interior must also determine whether establishment of a gaming facility for the Tribe on these lands (1) will be in the best interest of the Tribe and its members and (2) will not be detrimental to the surrounding communities.

The 25 acres proposed for trust acquisition are part of a 60-acre tract of industrial lands located at the eastern edge of the city. In addition to the fee-to-trust parcel, the Tribe intends to lease adjacent lands (approximately 35 acres) from the Port of Cascade Locks for ancillary facilities associated with the resort and casino (including parking, site drainage, and utilities connections).

The project area is currently zoned as light and heavy industrial property, and located within an existing industrial business park owned by the Port of Cascade Locks with direct access to the Columbia River. It is adjacent to an active Union Pacific Railroad line that flanks I-84 to the south, Government Island Cove to the east, and undeveloped leased land to the north. To the west are the business park’s entry road and wood product companies. Access to the site from I-84 is currently available from secondary roads that join I-84 at the Herman Creek Interchange and Cascade Locks West Interchange. The project area is within an Urban Area as designated by the Columbia River Gorge National Scenic Area Act and thus exempt from the provisions of the Scenic Area Management Plan. The project area is also within an area determined by the Indian Claims Commission in Confederated Tribes of the Warm Springs Reservation of Oregon vs United States (Docket No. 198) to be aboriginal lands of the Warm Springs Tribes.

Although the eventual size and scope of the facilities may be modified based on information obtained through the EIS process, the Tribe's current proposal is for a $389 million, 603,000 square foot riverfront destination resort and casino. Initial plans include a 90,000-square-foot gaming casino, 241-room hotel, 26,000 square foot meeting and convention facility, spa and fitness center, retail shops, cultural and interpretive center, daycare facility, and variety of dining option. Parking would be provided for 3,700 vehicles, including a multi-tiered parking garage and two surface lots.

The proposed resort and casino building design is intended to be reminiscent of an ancient river village, with low buildings collected on a westward-flowing river path. Natural materials would be used for exterior surfaces to be compatible with the surrounding environment. Sustainable design elements would be incorporated into the resort building, parking structures, and other site features. Opportunities for development of trails, pathways, and boardwalks are being considered to provide access to areas that demonstrate Tribal values, culture, and the geologic history of the region.

The proposal also includes transportation system improvements necessary to provide access to the proposed development. Among the improvement alternatives to be studied is a new Interstate 84 (I-84) interchange at the existing Forest Lane overpass of I-84. As part of its resort and casino development, the Tribe is proposing that a new interchange be designed in a diamond concept with direct interchange connectivity to the City of Cascade Locks via Forest Lane. This proposed interchange would include an over-crossing of the Union Pacific Railroad tracks to enter the Port of Cascade Locks Industrial Park and the resort and casino properties. As noted above, the Tribe would be responsible for the cost of these transportation system improvements.

As part of the review and approval process for the fee-to-trust action and Section 20 determination, the Department of Interior (DOI), through its Bureau of Indian Affairs (BIA), requires compliance with the National Environmental Policy Act (NEPA). Because transportation system improvements to I-84 would be required, the Tribe's proposal also requires review and approval by the Federal Highway Administration (FHWA) and the Oregon Department of Transportation (ODOT) for access to the facility, which also requires compliance with NEPA. For purposes of compliance with NEPA, the BIA is the lead agency for the Project and FHWA, ODOT, the City of Cascade Locks, Port of Cascade Locks, and Hood River County are cooperating agencies. BIA has determined that an environmental impact statement (EIS) is needed to assess the potential effects of the Tribe's proposal and alternatives to that proposal. A Draft EIS was released for public review, following publication in the Federal Register of a Notice of Availability (NOA) on February 15, 2008. A Final EIS and a Record of Decision (ROD) are tentatively scheduled for completion in Fall/Winter 2008. With issuance of a ROD, the fee-to-trust action will be forwarded by BIA to the Assistant Secretary of Indian Affairs, Department of the Interior, for a decision.

The EIS will include an evaluation of alternatives for meeting the proposed facilities’ access needs from I-84. The transportation analysis will include all reasonable alternatives for access from I-84, including modifying the existing partial interchanges known as Herman Creek Interchange and East Cascade Locks Interchange. The EIS will also analyze a new interchange at the existing Forest Lane overpass. This would be a full directional "diamond" configuration interchange with direct access to/from I-84 at Forest Lane and the south Frontage Road within the city limits of Cascade Locks. (see EIS Process)

Tribal-State Compact

Project Overview Map
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On April 6, 2005, the Governor of Oregon, Ted Kulongoski, and the Warms Springs Tribal Council Chairman, Ron Suppah, signed a Tribal-State Compact as an initial step in the process of putting off-reservation land into trust for gaming purposes. In May, the Secretary of the Interior determined that the Cascade Locks property must be taken into trust and a Section 20 determination made before acting on the Tribal State Compact (see Department of Interior Compact Response).

The Tribal-State Compact describes the terms and conditions for conducting gaming on industrial lands within the City of Cascade Locks. Gaming operations will cease at Kah-Nee-Ta High Desert Resort and Casino upon opening of the Cascade Locks Resort and Casino, consistent with the State’s "one-casino-per-tribe" policy.

In the Compact, the Tribe agrees that resort and casino development will be consistent with the Columbia River Gorge National Scenic Area Act; that the design of facilities will be of the highest architectural quality taking into account the natural surroundings; that sustainable building technologies and techniques will be used and that renewable energy sources will be pursued; and that a traffic management plan will be designed and implemented with the assistance of the State to minimize emissions caused by vehicular traffic and other greenhouse gases.

The Tribe also agrees to settle Hood River County land issues. Under the Indian Gaming Regulatory Act (IGRA), the Tribe has the right to conduct Class III gaming on certain Hood River Trust Lands taken into trust prior to 1988 that lie just outside the city limits of Hood River. The Tribe has acquired an additional 175 acres near the Hood River Trust Lands for use in conjunction with any gaming facility built on the Trust Lands. These lands are known as the Hood River Fee Lands. Additionally, the Tribe claims ownership to a portion of the Historic Columbia River Highway that passes through the Hood River Trust Lands (which the State of Oregon disputes).

With regard to the Hood River Trust Lands, the Compact grants the State a perpetual "conservation easement," which prohibits future development of those lands. With regard to the Hood River Fee Lands, the Tribe will place a perpetual "conservation easement" on the lands that prohibit future development of the lands and transfer the lands to the State. With regard to the Historic Columbia River Highway, the Tribe agrees to settle the dispute regarding ownership by granting a right-of-way to the State across Trust Lands.

The Compact also requires the Tribe to provide a transportation impact study to the Oregon Department of Transportation (ODOT) and to be responsible for the cost of transportation system improvements needed to serve the gaming facility and resort, including a potential new interchange on Interstate Highway 84 and local street improvements identified in the traffic impact study.

The Tribe agrees to share seventeen percent of its gross gaming revenue annually with the State. Under the agreement, the Tribe will deposit monies annually into a non-profit entity called the Oregon Benefit Fund, which will be managed by an independent board. Five to ten percent of the funds will be used for environmental purposes in the Columbia River Gorge. Another five percent may be used for economic development, and the remainder will be used for direct student assistance for post secondary education in Oregon. The Tribe also agrees to create a Tribal Community Benefit Fund which will receive six percent of the facility’s annual net income.

Other Decision Processes

In addition to NEPA, the Tribal proposal is subject to a variety of federal, state and local permits and review processes. Key among these are an Access Point Decision Report and an Interchange Area Management Plan (IAMP).

Both FHWA and ODOT policies require an Access Point Decision Report for any change in access to an interstate freeway. The report is a stand-alone decision by FHWA that will be approved concurrently with the EIS. The report will address eight specific policy topics:

  1. Future Interchanges - Is the proposed access point revision compatible with a comprehensive network plan?
  2. Land Use and Transportation Plans - Is the proposed access point revision compatible with all land use and transportation plans for the area?
  3. Reasonable Alternatives - Have all reasonable alternatives been assessed and provided for?
  4. Need for the Access Point Revision - What are the current and projected needs and why won’t the existing access points and existing or improved local system meet the needs? Is the anticipated demand short or long trip?
  5. Access Connections and Design - Will the proposal provide fully directional interchanges connected to public roads, spaced appropriately, and designed to full design level geometric control criteria?
  6. Operational and Accident Analyses - How will the proposal affect safety and traffic operation now and for the next 20 years?
  7. Coordination - Are all coordinating projects and actions programmed and funded?
  8. Planning and Environmental Processes - Have the appropriate planning and environmental processes been completed?

ODOT policies require that an IAMP be prepared for a new interchange to protect the proper function of the proposed interchange (Oregon Highway Plan Policy 3C; OAR 734, Division 51). The purpose of an IAMP is to protect the function of the interchange by maximizing the capacity of the interchange for safe movement from the adjacent freeway, to provide safe and efficient operations between connecting roadways, and to maximize the need for major improvements of existing interchanges. The IAMP will be prepared concurrently with the EIS and approved by the Oregon Transportation Commission. Among its actions, the IAMP will:

Additionally, transportation system improvements will need to be coordinated with Union Pacific Railroad and consider potential effects to rail service through the area.