By RICHARD WALKER and PETER O’CAIN
Sound Publishing

BREMERTON — At 0.79-acre, 1321 N. Callow Ave. is arguably one of the smallest pieces of Indian Country in the United States.

Under the U.S. Code, Indian Country — Native-owned trust land, including allotments and reservations — falls under the authority of Tribal and U.S. governments, which means 1321 N. Callow Ave. is in the jurisdiction of the Suquamish Tribe because the site is within Suquamish’s historical territory. But the site is surrounded by the City of Bremerton. So, how the site can be developed is being tested.

The grandchildren and great-grandchildren of the original allottee, Roberta Law Ross, a woman of Quinault and Samish parentage living in Bremerton in the 1920s, have long explored development possibilities for their property and propose building and operating a casino there. But even Ron Ragge of Gold Mountain Capital, an investment group working with Ross’s descendants, admits the Indian Gaming Regulatory Act applies to indigenous nations, not individuals.

That would seem to mean that a Tribe, either the one that has jurisdiction or one related by kinship to the Rosses, would need to get involved. Officials from the Samish Nation, headquartered in Anacortes, visited the site but deferred to Suquamish, because it is historically Suquamish territory. And the Suquamish Tribe, which annually issues a fireworks-sales permit for the site, has at this point declined to get involved in building a gaming facility there.

While the City of Bremerton doesn’t have the final say over whether a casino is built, it is making its opposition known. The City Council formally opposed the project, citing concerns about possible impacts to the neighborhood.

Ragge said, “We have a very interesting situation.”

Neighbors voiced mixed opinions about the project in letters to the city.

Cary Clayton and Mary Hardesty-Clayton own several properties in the area, including their personal home, and are pleased with the city’s revitalization efforts. But they believe a casino could put a halt to progress the city has made.

“A development, such as a casino, hotel and parking facility in our neighborhood would terminate this growth and recovery mode,” they wrote. “If this development was allowed to proceed, we believe the current family living environment in this area would simply vanish. Please do not allow this to take place.”

Douglas White, who owns property on near 1321 N. Callow, said a casino could offer Bremerton a positive economic opportunity.

“Bremerton has had several serious setbacks on the economic front,” White wrote. “Part of your job is to provide the opportunity for economic advancement. This is an opportunity to do so.”

Before we go further, let’s break this down.

Ross (1899-1960) was living in Bremerton with her husband and infant son in the 1920s. Her father, Frank Law, was born S’Klallam but adopted Quinault and served on the first Tribal Council under the Quinault Nation’s constitution of 1921. Ross’s mother was Samish.

The federal government, to acquire Ross’s waterfront property so it could expand Puget Sound Naval Shipyard, gave her in exchange the parcel in an undeveloped area on the outskirts of town — the neighborhood would be filled in within 12 years — and placed it into trust for her and her descendants. As Indian trust land, it can only be sold with approval of the Secretary of the Interior.

Today, the property consists of a 2,280-square-foot house built in 1927 and several mobile homes, in the center of an urban neighborhood. Moe Prine, a Ross great-grandson, lives on the property. He prefers to stay out of the development process.

“I don’t know what they’re gonna end up doing here, but I hope it’s good for the community,” said Prine, one of 13 living descendants of Ross.

As trust land, essentially owned by the federal government, the property is not on the property tax rolls. That’s apparent by the sidewalk that ends at the property line. Technically, any necessary public services fall under the purview of the Suquamish Tribe or the U.S. government. The parcel’s economy has consisted of mobile-home site rentals and fireworks sales.

Ross’s descendants have long explored various development options for their property. They first approached Samish, where they are enrolled.

“We’ve been approached by the family numerous times over the last 15 years,” said Leslie Eastwood, general manager of the Samish Indian Nation. “They always hoped we’d get behind something, but at 0.79 acre, it’s really small. We’ve never been able to wrap our minds around something there.”

On the issue of a casino, Samish deferred to the Suquamish Tribe. 

Swapping the trust land for a different parcel, one that isn’t in the middle of a residential neighborhood, is feasible, said Roger Lubovich, city attonery, however, the federal government would need to get involved and then questions of the original intent of the trust could be brought into play. It could be argued that the land was placed into trust for use as a residence, and not for gaming, he said.

But there is precedent for developing a casino on non-reservation trust land. The Quinault Indian Nation was able to build a casino and resort on land near Ocean Shores because it was able to prove that the land met the federal definition of trust land.

For that to happen on the Ross’s property, a Tribe would need to claim jurisdiction of the parcel.

‘We’ve looked at everything’

The Indian Gaming Regulatory Act allows federally recognized indigenous nations, but not individual Native Americans or families, to operate casinos. And while casino gaming is permitted by the federal act, each Tribal government has a compact with the State of Washington that establishes how many machines each is allocated — currently 1,075 — and establishes reimbursements to the state for regulatory costs and investment in problem gambling and smoking cessation services. One Tribe can lease its unused allocation to another.

Ragge said as many as 10 Tribes can claim kinship to the Ross family. “Some are willing to say they are opposed to or want to be part of the casino,” he said. “We don’t have a clear Tribe of jurisdiction … It’s hard for one [indigenous] nation to do it when it’s going to be [challenged] by another.”

And then, there’s the challenge of developing a three-quarter-acre lot.

“The gas station concept, the smoke shop — we’ve looked at everything,” Ragge said, adding that a bingo hall might be a possibility should the casino project fail. Currently, the family proposes a 34,000-square-feet casino — that’s the size of the property, and would require acquiring some neighboring properties for parking and a restaurant. Ragge approached the city about a zoning change for a parking area — he says some neighbors have said they’re willing to sell their properties for it — but the City Council opposes the casino project.

Ragge said the casino would create 200 jobs, have an annual payroll of approximately $5 million, and “cause additional direct spending within the community of greater than $10 million annually.”

Other options: Build a smaller casino with underground parking; and build an even smaller gaming facility and take the revenue that it generates and invest in neighboring properties for expansion.

“That is certainly a possibility,” Ragge said.

Ragge, who retired from Hollywood Park, came out of retirement for this project and is in it for the long haul. “When you’re talking about developing a casino, you’re talking 10 years from the time it’s proposed to when it’s built. We’re in our third year.”