Senate Bill to assist Ko·Kwel Wharf development

North Bend, OR

Enactment of recently introduced federal legislation would remove an important hurdle to an agreement with The Home Depot and the start of construction on the Ko·Kwel Wharf development, according Brady Scott, CEO of the Coquille Economic Development Corporation.

Introduced by Oregon Senator Gordon Smith, the legislation provides a limited exemption for the Coquille Indian Tribe from a provision of federal law that hinders CEDCO's ability to execute leases to businesses wishing to locate on the waterfront property. Scott said the current situation is the unintended consequence of a law first enacted over two centuries ago.

“Our development plans were tripped up by one short section of federal law that dates back to the earliest days of our nation,” Scott said. “This law has its origins in a bill passed by the first Congress of the United States and signed into law by President George Washington. Its original intention was to protect Indian tribes from land speculators. But times have changed, and a law that once protected tribes now prevents us from carrying out a project that benefits the region.”

Under the current law, no Indian nation or tribe can sell, grant or lease lands except by treaty with U.S. government as a party. It also prohibits anyone who is not employed under the authority of the United States from negotiating a land deal with an Indian tribe.

The development property in North Bend is owned by CEDCO, a Tribal corporation, and is not held in trust by the federal government. The land retains a status similar to any other business property, including being subject to state and local taxes. Despite this status, there has been no determination or ruling that would suggest that it is exempt from the law. As a result, questions surround The Home Depot or other businesses wishing to negotiate a ground lease with CEDCO.

“Developing a former industrial site is always filled with unexpected issues,” Scott said, “but we never thought we would need Congressional approval to get our project moving. We are very thankful that Senator Smith was willing to take up our cause and introduce this legislation. We have been in contact with the offices of Senator Wyden and Representative DeFazio and look forward to their support as the measure moves through the legislative process.”

Scott said regional business and community leaders are phoning and sending e-mails to the area's Congressional delegation to express their support for the Ko·Kwel Wharf project and Sen. Smith's legislation. The bill, S.1286, is currently before the Senate Indian Affairs Committee.

“Even though this bill specifically relates to the Coquille Tribe, the waterfront development is something that will benefit the entire region,” Scott added. “By showing widespread community support, we will help our representatives make their case to their Congressional colleagues.”

North Bend City Administrator Jan Willis said the benefits the development will bring to the city and the region should generate a great deal of support from its citizens.

“The City of North Bend has waited a very long time for this blighted area to transform into an improved commercial development,” Willis said. “We look forward to the jobs that will be created, additional retail opportunities, the attraction of vast numbers of visitors to the area and most certainly the increased taxes to our city.”

CEDCO, the business arm of the Coquille Indian Tribe, is committed to taking a proactive, positive role in the well-being of Oregon's South Coast. Among the largest employers in Coos County, Oregon, CEDCO manages The Mill Casino • Hotel along with business ventures in assisted living, organic cranberry farming and high-speed telecommunications.

Contact: Ray Doering, Communications Coordinator, (541) 756-8800 ext. 1243, rdoering@themillcasino.com.