BILL NUMBER: AB 787	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 6, 2012
	AMENDED IN SENATE  JULY 6, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Chesbro
    (   Coauthor:   Senator   Evans
  ) 

                        FEBRUARY 17, 2011

   An act to  add Section 2864.5 to the Fish and Game Code,
relating to marine resources   amend Section 12012.45 of
the Government Code, relating to tribal gaming, and declaring the
urgency thereof, to take effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 787, as amended, Chesbro.  Marine protected areas:
California Native American tribes.   Tribal-state gaming
compacts.  
   Existing federal law, the Indian Gaming 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. The California Constitution authorizes
the Governor to negotiate and conclude compacts, subject to
ratification by the Legislature. Existing law ratifies a number of
tribal-state gaming compacts between the State of California and
specified Indian tribes.  
   This bill would ratify the amendment to the tribal-state gaming
compact entered into in 2012 between the State of California and the
Coyote Valley Band of Pomo Indians.  
   Existing law, the California Environmental Quality Act (CEQA),
requires a lead agency to prepare, or cause to be prepared, and
certify completion of, an environmental impact report on a project,
as defined, that it proposes to carry out or approve that may have a
significant effect on the environment, as defined, or to adopt a
negative declaration if it finds that the project will not have that
effect.  
   Existing law provides that in deference to tribal sovereignty,
certain actions shall not be deemed projects for purposes of CEQA,
including the execution of an amendment of a ratified tribal-state
gaming compact.  
   This bill would provide that, in deference to tribal sovereignty,
the amendment to the tribal-state gaming compact between the State of
California and the Coyote Valley Band of Pomo Indians shall not be
deemed projects for purposes of CEQA. By imposing additional duties
on a lead agency with regard to the implementation of CEQA
requirements, this bill would impose a state-mandated local program.
 
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   The Marine Life Protection Act (MLPA) establishes the Marine Life
Protection Program to reexamine and redesign California's marine
protected area system. Existing law requires the Department of Fish
and Game to prepare, and the Fish and Game Commission to adopt, a
master plan that guides the adoption and implementation of the
program, including recommended alternative networks of marine
protected areas. Under the MLPA, the taking of a marine species in a
marine life reserve, a type of marine protected area, is prohibited
for any purpose, including recreational and commercial fishing,
except as authorized by the commission for scientific purposes.
 
   This bill would require a member of a federally recognized Native
American tribe in California who engages in noncommercial fishing,
gathering, or other traditional cultural practices within the North
Coast Study Region, as designated pursuant to the act, to possess a
valid tribal identification card and comply with the plan for Native
American fishing and gathering approved by the commission. 

   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 12012.45 of the  
  Government Code   is amended 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)  (A)    The compact between the State of
California and the Coyote Valley Band of Pomo Indians, executed on
August 23, 2004. 
   (B) The amendment to the compact between the State of California
and the Coyote Valley Band of Pomo Indians, executed on July 25,
2012. 
   (4) The amendment to the compact between the State of California
and the Ewiiaapaayp Band of Kumeyaay Indians, executed on August 23,
2004.
   (5) The amendment to the compact between the State of California
and the Quechan Tribe of the Fort Yuma Indian Reservation, executed
on June 26, 2006.
   (b) The terms of each compact apply only to the State of
California and the tribe that has signed it, and the terms of these
compacts do not bind any tribe that is not a signatory to any of the
compacts. The Legislature acknowledges the right of federally
recognized tribes to exercise their sovereignty to negotiate and
enter into compacts with the state that are materially different from
the compacts ratified pursuant to subdivision (a).
   (c) (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.
   (d) 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.
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code. 
   SEC. 3.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to allow the revenues from this act to be eligible for
revenue sharing at the earliest possible time to address some of the
state's pressing budget issues, it is necessary that this act take
effect immediately.  
  SECTION 1.    Section 2864.5 is added to the Fish
and Game Code, to read:
   2864.5.  A member of a federally recognized Native American tribe
in California who engages in noncommercial fishing, gathering, or
other traditional cultural practices within the North Coast Study
Region as designated pursuant to this chapter shall possess a valid
tribal identification card and comply with the plan for Native
American fishing and gathering approved by the commission.