BILL NUMBER: SB 1117	CHAPTERED  09/29/04

	CHAPTER  856
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2004
	PASSED THE SENATE  AUGUST 27, 2004
	PASSED THE ASSEMBLY  AUGUST 26, 2004
	AMENDED IN ASSEMBLY  AUGUST 26, 2004
	AMENDED IN ASSEMBLY  JUNE 29, 2004

INTRODUCED BY   Senator Burton
   (Principal coauthor:  Assembly Member Nunez)

                        JANUARY 12, 2004

   An act to add Section 12012.45 to the Government Code, relating to
tribal gaming.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1117, Burton.   Tribal gaming:  compact ratification.
   Existing federal law, the Indian Regulatory Act of 1988, provides
for the negotiation and execution of tribal-state gaming compacts for
the purpose of authorizing certain types of gaming on Indian lands
within a state.  Existing law expressly ratifies a number of
tribal-state gaming compacts between the State of California and
specified Indian tribes.
   This bill would ratify tribal-state gaming compacts and amendments
of tribal-state gaming compacts entered into on August 23, 2004,
between the State of California and the following 4 tribes:  (1) the
Buena Vista Rancheria of Me-Wuk Indians; (2) the Fort Mojave Indian
Tribe; (3) the Coyote Valley Band of Pomo Indians; and (4) the
Ewiiaapaayp Band of Kumeyaay Indians.  The bill would require that
related revenue contributions be deposited into the General Fund.
The bill would also specify that, in deference to tribal sovereignty,
certain actions may not be deemed projects for purposes of the
California Environmental Quality Act.  The bill would also make
related changes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12012.45 is added to the Government Code, to
read:
   12012.45.  (a) The following tribal-state gaming compacts and
amendments of tribal-state gaming compacts entered into in accordance
with the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Sec. 1166
to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.) are hereby ratified:

   (1) The amendment of the compact between the State of California
and the Buena Vista Rancheria of Me-Wuk Indians, executed on August
23, 2004.
   (2) The compact between the State of California and the Fort
Mojave Indian Tribe, executed on August 23, 2004.
   (3) The compact between the State of California and the Coyote
Valley Band of Pomo Indians, executed on August 23, 2004.
   (4) The amendment to the compact between the State of California
and the Ewiiaapaayp Band of Kumeyaay Indians, executed on August 23,
2004.
   (b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):
   (A) The execution of an amendment of a tribal-state gaming compact
ratified by this section.
   (B) The execution of a tribal-state gaming compact ratified by
this section.
   (C) The execution of an intergovernmental agreement between a
tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, a tribal-state
gaming compact or an amended tribal-state gaming compact ratified by
this section.
   (D) The execution of an intergovernmental agreement between a
tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
a tribal-state gaming compact or an amended tribal-state gaming
compact ratified by this section.
   (E) The on-reservation impacts of compliance with the terms of a
tribal-state gaming compact or an amended tribal-state gaming compact
ratified by this section.
   (F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.
   (2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, a city and
county, or the California Department of Transportation from the
requirements of the California Environmental Quality Act.
   (c) Revenue contributions made to the state by tribes pursuant to
the tribal-state gaming compacts and amendments of tribal-state
gaming compacts ratified by this section shall be deposited in the
General Fund.