BILL ANALYSIS �
AB 277
Page 1
ASSEMBLY THIRD READING
AB 277 (Hall)
As Amended March 21, 2013
Majority vote
SUMMARY : Ratifies tribal-state gaming compacts entered into between
the State of California and the North Fork Rancheria Band of Mono
Indians of California, executed on August 31, 2012, and the State of
California and the Wiyot Tribe, executed on March 20, 2013.
Specifically: this bill :
1)Ratifies a tribal-state gaming compact between the State of
California and the North Fork Rancheria Band of Mono Indians of
California, authorizing the Tribe to commence Class III gaming with
up to 2,000 gaming devices, executed on August 31, 2012.
2)Ratifies a tribal-state compact between the State of California and
the Wiyot Tribe, executed on March 20, 2013. The Tribe has agreed
to forgo opening a gambling casino on its lands, which are adjacent
to the Humboldt Bay National Wildlife Refuge. In exchange, the
Tribe will receive up to 3.5% of the gaming revenue from the North
Fork Tribe's gaming facility in Madera County.
EXISTING LAW :
1)Provides, under the federal Indian Gaming Regulatory Act (IGRA), for
the negotiation and conclusion of compacts between federally
recognized Indian tribes and the state for the purpose of conducting
Class III gaming activities on Indian lands within a state as a
means of promoting tribal economic development, self-sufficiency,
and strong tribal governments. Existing law expressly authorizes a
number of tribal-state gaming compacts between the State of
California and specified Indian tribes.
2)Authorizes the conduct of Class III gaming activities to the extent
such activities are permitted by state law, a gaming compact has
been concluded by a federally recognized tribe and the state, and
the compact has been approved by the Secretary of the Interior.
3)Limits, under IGRA, the operation of Class III gaming activities to
Indian lands acquired on or before October 17, 1988. Existing law
also provides for certain exceptions to conduct gaming activities on
Indian lands acquired after October 17, 1988.
AB 277
Page 2
4)Defines, under IGRA, Indian lands to mean all lands within the
limits of any Indian reservation, and any lands title to which is
either held in trust by the United States for the benefit of any
Indian tribe or individual or held by any Indian tribe or individual
subject to restriction by the United States against alienation and
over which an Indian tribe exercises governmental power.
5)Requires, under IGRA, the state to negotiate to conclude a compact
in good faith with an Indian tribe having jurisdiction over the
Indian lands upon which the Class III gaming activity is to be
conducted. Existing law also provides the United States district
courts with jurisdiction over any cause of action initiated by a
tribal government alleging that the state failed to negotiate in
good faith to conclude a compact. Furthermore, existing law
prescribes the remedy, mediation supervised by the courts, if it is
found that the state failed to negotiate in good faith to conclude a
compact.
6)Authorizes the Governor, under the California Constitution, to
negotiate and conclude compacts, subject to ratification by the
Legislature. In total, the State of California has signed and
ratified Tribal-State Gaming Compacts with 70 Tribes. There are
currently 59 casinos operated by 58 Tribes.
FISCAL EFFECT : Unknown
COMMENTS : On April 24, 2013, the Assembly Governmental Organization
Committee held an informational hearing on both of these tribal-state
compacts between the State of California and the above-mentioned
Tribes.
NORTH FORK RANCHERIA BAND OF MONO INDIANS OF CALIFORNIA
Background on North Fork Tribe : On August 31, 2012, the North Fork
Rancheria of Mono Indians of California, a federally recognized Indian
tribe listed in the Federal Register as the North Fork Rancheria of
Mono Indians of California (Tribe), and the State of California
(State) entered into a tribal-state compact pursuant to IGRA.
The Tribe consists of approximately 1,900 tribal citizens with
government offices in Madera County, California. The Tribe states,
since the restoration of its federally recognized status in 1983, the
Tribe has established modern tribal governing institutions to improve
AB 277
Page 3
the lives of its tribal citizens, many of whom have limited access to
basic housing, healthcare, business, employment, and educational
services and opportunities.
According to the Tribe, in 1916 the federal government acquired 80
acres of land on a hillside outside the town of North Fork for the
Tribe "for the use of the North Fork band of landless Indians." This
land-known as the North Fork Rancheria-was lost to the Tribe as a
reservation when its federal status was terminated in 1966 under the
California Rancheria Act. While the North Fork Rancheria's status as
Indian country was restored in 1987, the land is no longer available
to the Tribe because it is held in trust for individual Indians (who
do not want to relocate) and not collectively for the Tribe. These
unique historical circumstances had left the Tribe, until now, without
a land base from which to improve its tribal economy and community.
The Tribe further states, the land is located in an environmentally
sensitive area near the gateway to Yosemite National Park and adjacent
to a National Scenic Byway, a national forest, and several state
wilderness areas. For these and other reasons, the Tribe and local
officials agreed that the Tribe should find an alternative site within
Madera County on which to develop a gaming facility.
According to the Tribe, in 2004, the Tribe requested that the
Secretary of the Interior take the proposed gaming facility site in
trust for the Tribe for gaming purposes. Because the land would be
taken into trust after 1988, the Secretary would first need to
determine if the proposed site would qualify for gaming under any of
the exceptions found in Section 20 of IGRA. These Section 20
exceptions were intended to level the playing field for tribes such as
North Fork without a viable land base because of past federal policies
and provide them with the same opportunity as other tribes.
According to the Tribe, starting in October 2004, the Bureau of Indian
Affairs began preparing an environmental impact statement (EIS) - the
most rigorous level of review under the National Environmental Policy
Act (NEPA) - for the project in connection with the proposed trust
acquisition. The draft EIS was published and circulated for comment
in February 2008. The final EIS was published in August 2010, and the
Record of Decision was issued in December 2012.
The Tribe states that they adhered precisely to the spirit and letter
of the rigorous and lengthy federal review process and, after
considerable consultation, analysis, and review, the Secretary of the
AB 277
Page 4
Interior approved the requested actions.
Assistant Secretary Echo Hawk Issues Four Decisions on Tribal Gaming
Applications : On September 2, 2011, U.S. Department of the Interior
(DOI) issued a Press Release saying that Assistant Secretary of the
Interior for Indian Affairs Larry Echo Hawk issued decisions on four
tribal gaming applications in California and New Mexico, determining
that two of the proposed gaming sites meet the legal and regulatory
requirements and two do not.
Assistant Secretary Echo Hawk determined that a proposed gaming
facility in Madera County, would be in the best interest of the North
Fork Rancheria of Mono Indians, and would not be detrimental to the
surrounding community.
The press release further stated, "Our responsibility under IGRA is
clear: we must review each application on a case by case basis and
determine whether it meets the standards outlined in law and
regulation," said Echo Hawk. "Following a careful and thorough review
of the applications from the Enterprise Rancheria and the North Fork
Rancheria tribes, I have determined that both tribes' applications
meet the strong standards under the law. Both tribes have historical
connections to the proposed gaming sites, and both proposals have
strong support from the local community, which are important factors
in our review."
The Assistant Secretary also issued two negative decisions on other
tribal gaming applications: one for the Guidiville Band of Pomo
Indians in California, and the other for the Pueblo of Jemez in New
Mexico.
Section 20(b)(1)(A) of IGRA (25 United States Code (U.S.C.) Section
2719(b)(1)(A)) contains a provision (commonly known as the "Two-Part
Determination) allowing a tribe to operate a gaming establishment on
lands that are acquired in trust for the benefit of a tribe after
IGRA's effective date if, after consultation with the tribe and
appropriate state and local officials, including officials of other
nearby tribes, the Secretary of the Department of the Interior
(Secretary) determines that a gaming establishment would be in the
best interests of the tribe and its members and not detrimental to the
surrounding community, and the governor of the state concurs in that
determination.
The press release further stated, that under IGRA, the Governor of the
AB 277
Page 5
State of California had one year to concur in the Assistant
Secretary's determination on the North Fork Rancheria, before the
parcel of land can be acquired in trust for the Tribe to conduct
gaming. If the Governor does not concur in the Assistant Secretary's
determination for each tribe, respectively, then the Tribe may not
conduct gaming on the proposed site.
Governor Brown Concurs with U.S. Department of the Interior Decision :
On August 31, 2012, Governor Edmund G. Brown Jr. concurred with the
Department of the Interior's decisions to allow 305 acres in Madera
County to be placed in trust for the North Fork Rancheria Band of Mono
Indians for the purpose of establishing a Class III gaming facility.
The Governor's letter to Secretary Kenneth L. Salazar concurring with
the U.S. Department of Interior's decision stated:
"I concur with your determination to allow 305 acres in Madera County
to be placed in trust for the North Fork Rancheria Band of Mono
Indians for the purpose of establishing a Class III gaming facility.
While I am reluctant to allow the expansion of gaming on land
currently ineligible for it, I concur in your determination in this
case because of several exceptional circumstances:
The federal administrative process giving rise to your determination
was extremely thorough. The process lasted more than seven years,
included numerous hearings, considered hundreds of comments, and
generated thousands of pages of administrative records.
A large tribal population will directly benefit from the gaming
facility. The North Fork Mono's Compact guarantees that revenues from
the gaming facility will be shared directly with the Wiyot Tribe,
which has agreed to forgo gaming on its own lands - including
environmentally sensitive areas. The two tribes are comprised of
approximately 2,500 native Californians.
Other tribes will indirectly benefit from the gaming facility. The
North Fork Mono's Compact provides assistance to other tribes by
requiring substantial contributions to the Revenue Sharing Trust Fund
and the Tribal Nation Grant Fund.
The ability of other tribes to benefit from gaming will not be
unduly harmed. The North Fork Mono's Compact specifically provides
mitigation for the only tribe likely to be affected by the gaming
facility, the Picayune Rancheria of the Chukchansi.
AB 277
Page 6
The gaming facility is supported by both Madera County and the City
of Madera, and the regional gaming market can support the project
along with existing gaming facilities.
The location of the gaming facility will not be within a major
metropolitan area.
The North Fork Mono has a significant historical connection with the
land."
The letter concluded with, "I expect there will be few requests from
other tribes that will present the same kind of exceptional
circumstances to support a similar expansion of tribal gaming land."
Governor Brown Signs Compact with Tribe : On the same day that the
Governor concurred with DOI, he released the details of a tribal-state
gaming compact between the State of California and the Tribe. The
Compact allows for up to a total of 2,000 gaming devices.
The Tribe estimates that the project will create more than 1,400
permanent jobs and 1,200 construction jobs and generate an additional
2,000 local community spin-off jobs across diverse economic levels and
industry sectors.
The Compact requires the Tribe to pay a percentage of its Annual Net
Win from gaming devices for: 1) non-gaming tribes; 2) local
mitigation; 3) State regulatory costs; 4) the Wiyot Tribe to
compensate that tribe for agreeing not to build a gaming facility on
its reservation near the Humboldt County coast pursuant to a separate
compact with the State; and 5) the Picayune Rancheria of Chukchansi
Indians to mitigate potential economic impacts on that Tribe.
The Compact includes provisions to protect employees and patrons as
well as measures to protect the environment during the construction
and operation of gaming facilities. It also funds programs in local
communities to mitigate the effect of gaming activities and address
gambling addiction. The Compact also requires regular audits of
gaming operations and other enforcement and public safety measures.
Should the gaming facility's financial performance far exceed
reasonable projections, the Tribe, in furtherance of the Tribe's and
the State's goal to ensure that all California tribes benefit from
tribal gaming, has agreed to make additional payments to the State
(RSTF and TNGF) for revenue sharing with non-gaming tribes and
AB 277
Page 7
limited-gaming tribes.
The Compact's preamble states, this Compact will afford the Tribe
primary responsibility over the regulation of its gaming facility and
will enhance tribal economic development and self-sufficiency. The
State and the Tribe have therefore concluded that this Compact
protects the interests of the Tribe and its members, the surrounding
community, and the California public, and will promote and secure
long-term stability, mutual respect, and mutual benefits.
The Tribe expects the proposed project to serve as an economic
catalyst for a region with an unemployment rate consistently higher
than the state average and an agriculture based economy in need of
diversification.
Upon all the necessary approvals, the Compact shall be in full force
and effect for state law purposes until December 31, 2033.
Final Land to Trust Decision : On November 26, 2012, the Assistant
Secretary of Indian Affairs made a final agency determination to
acquire approximately 305.49 acres of land in trust for gaming
purposes for the Tribe under the authority of the Indian
Reorganization Act of 1934, 25 U.S.C. 465.
Notice of the determination was published in the Federal Register on
December 3, 2012. The Picayune Rancheria of Chukchansi Indians and
Stand Up for California then each sued the Secretary of the Interior
challenging the final agency action in District of Colombia District
Court. The cases were consolidated and plaintiffs filed a motion
requesting a preliminary injunction to stop the trust transfer. On
January 31, 2013, after briefing and a hearing, the court denied
plaintiffs request in a 53-page opinion, finding that plaintiffs had
not met their burden to show a likelihood of success on the merits or
that they would be harmed by the trust transfer. The Department of
the Interior then provided plaintiffs four days to file a notice of
appeal; otherwise, they indicated that the land would be taken into
trust. When plaintiffs did not appeal the decision, the land was
taken into trust on February 5, 2013.
According to the Compact's Preamble : As per the Compact's preamble,
the lands that constitute the North Fork Rancheria are adjacent to the
Sierra National Forest, are a 40-minute drive from the southern
entrance to Yosemite National Park, and are located in the Sierra
foothills in Madera County. The Tribe and the State do not believe
AB 277
Page 8
that a gaming facility should be located in such an environmentally
sensitive and scenic area, which includes the presence of threatened
species and species of concern.
Additionally, to avoid undue impacts of gaming facilities on an area
adjacent to the Humboldt Bay National Wildlife Refuge and the area
within and surrounding the North Fork Rancheria, and to promote tribal
economic development, tribal self-sufficiency, and strong tribal
government, the Tribe requested the Secretary to take into trust for
the benefit of the Tribe a separate parcel of land located in an
unincorporated area of Madera County and to determine that the land,
once in trust, is eligible for gaming pursuant to Section 20 of IGRA.
The Governor's office reports, the Bureau of Indian Affairs has
prepared an environmental impact statement with respect to the
construction and operation of the proposed gaming facility on the land
pursuant to the National Environmental Policy Act (NEPA).
The Governor's office reports that the Board of Supervisors of Madera
County and the affected local community have expressed support for the
Tribe's proposed casino to be located on the designated parcel of
land. In August 2004, the Tribe entered into an enforceable and
binding agreement with Madera County to address impacts of the Tribe's
gaming facility as a precondition to developing its gaming facility.
In October 2006, the Tribe entered into an enforceable and binding
agreement with the City of Madera to address impacts of the Tribe's
gaming facility on the City. In December 2006, the Tribe entered into
an enforceable and binding agreement with the Madera Irrigation
District to address impacts of the Tribe's casino on groundwater.
The Compact's preamble states, in light of the Tribe's willingness to
locate its casino on the 305-acre parcel instead of an environmentally
sensitive area, to make revenue sharing payments to the Wiyot Tribe to
facilitate that tribe's sovereign agreement with the State to forgo
gaming on environmentally sensitive land, to make revenue sharing
payments to the Chukchansi Indian Tribe to mitigate potential
competitive impacts on that tribe, and to mitigate project impacts on
the local community and environment, and in light of Madera County's
support for the proposed gaming facility and the other covenants of
this Compact, the Governor will concur in the favorable determination
by the Secretary that the gaming facility would be in the best
interests of the Tribe and its citizens and not detrimental to the
surrounding community.
AB 277
Page 9
The Governor's office further reports that the parties believe that
the Tribe's revenue contribution to the State is fair in light of the
need for the Tribe to retain sufficient revenues in the initial years
of its gaming activities to promote strong tribal government and
self-sufficiency, provide services for its approximately 1,900 Tribal
Citizens, assist the Wiyot Tribe's approximately 600 members, and
assist the Chukchansi Tribe, and significantly reduce the debt
incurred in the pre-development phase of its casino as a result of the
Tribe's efforts to address local concerns.
Revenue Provisions of the Compact Include:
Special Distribution Fund : The Tribe shall pay to the State on a pro
rata basis the actual and reasonable costs the State incurs for the
performance of all its duties under this Compact, as established by
the monies appropriated in the annual Budget Act for the performance
of their duties under the Class III Gaming Compacts each fiscal year
for the California Gambling Control Commission (CGCC), the California
Department of Justice, the Office of the Governor and the California
Department of Alcohol and Drug Programs, Office of Problem Gambling,
or any agency or agencies the State designates as a successor to them.
The Tribe's pro rata share of the State's costs in any given year
this Compact is in effect shall be calculated, as defined.
Percentage Payment of Net Win to Revenue Sharing Trust Fund :
Subject to the deductions specified below, the Compact requires the
Tribe to pay the following percentages to the State Gaming Agency
for deposit to the Revenue Sharing Trust Fund (RSTF), until fully
funded, and then to the Tribal Nations Grant Fund (TNGF), if created
by the Legislature, for the benefit of non-gaming tribes and
limited-gaming tribes:
1)10% of the Net Win on slots in the first year of operations.
2)11% in Year Two.
3)12% in Year Three.
4)13 % in Year Four.
5)14% in Year Five.
6)15% in Year Six through the expiration of the Compact at the end of
2033.
AB 277
Page 10
The foregoing payments have been negotiated between the parties as a
fair contribution, based upon the Tribe's market conditions, its
circumstances, and the rights afforded under this Compact.
According to the Tribe, it is projected that the North Fork Rancheria
project will contribute between $250 million and $300 million to the
RSTF or TNGF for nongaming tribes during the life of the Compact.
Payment Terms : The Compact requires the Tribe to make various
payments for the purposes described above. However, the Tribe may
"deduct such payments" described below from the RSTF and TNGF
payments, effectively capping the Tribe's total payment obligation
under the Compact to 10-15% of Net Win.
Payments to the Wiyot Tribe : The Compact requires the Tribe to pay to
the State Gaming Agency for deposit into the Wiyot Tribe Trust Fund a
percentage of Net Win according to the following schedule in exchange
for the Wiyot Tribe's agreement not to game on their lands along
Humboldt Bay in Northern California:
------------------------------------------------------------------------
| |Percentage of Net Win of Gaming Devices |
|Annual Net Win of Gaming |Paid |
|Devices |to the State Gaming Agency |
|------------------------------+-----------------------------------------|
|$0-$100 million |2.5% |
|------------------------------+-----------------------------------------|
|$100 million to $200 million |3% |
|------------------------------+-----------------------------------------|
|Over $200 million |3.5% |
------------------------------------------------------------------------
According to the Wiyot Tribe, this revenue sharing arrangement will
generate between $3-5 million a year, nearly four times as much as the
Tribe currently receives in gaming allotments under the RSTF.
In addition, to the payments referenced above, if the Net Win from all
gaming devices in operation in the gaming facility for the year
exceeds an amount as set forth in the Compact, the Tribe shall pay an
amount to the State Gaming Agency, for deposit into the RSTF or the
TNGF for distribution to non-gaming Tribes and limited-gaming Tribes,
25% of the difference between the Net Win and the corresponding amount
AB 277
Page 11
for that year. If this provision is triggered, it would effectively
increase the revenue percentage payment paid by the Tribe into the
RSTF or the TNGF.
If the State's Compact with the Wiyot Tribe is terminated,
invalidated, expires, or does not go into effect by its terms, the
Tribe's obligations shall terminate.
Mitigation to Chukchansi Indian Tribe : To mitigate the potential
economic impact of the Tribe's proposed gaming facility on the
Chukchansi Indian Tribe's gaming facility, the Tribe agrees to refrain
from operating or permitting the operation of a hotel on the 305-Acre
Parcel until on or after July 1, 2018.
In addition, commencing upon the date the Tribe secures and closes
financing from third-party lenders to fund the construction and
initial operation of the gaming facility, the Tribe shall be obligated
to pay to the State Gaming Agency an amount equal to the quarterly
payments made by the Chukchansi Indian Tribe to the RSTF, as defined
in the Tribal-State Gaming Compact between the Chukchansi Indians and
the State of California, dated September 10, 1999, but in any event,
not to exceed $768,750 per quarter or $3.075 million annually, as
defined.
Upon the commencement of gaming activities pursuant to this Compact,
but in no event later than January 1, 2016, the Tribe's and the State
Gaming Agency's obligations shall terminate, and thereafter the Tribe
shall pay to the State Gaming Agency for deposit into the SDF a
percentage of the Tribe's Net Win for all gaming devices operated in
the gaming facility according to the following schedule:
------------------------------------------------------------------------
| |Percentage of Net Win of Gaming Devices |
|Annual Net Win of Gaming |Paid |
|Devices |to the State's Gaming Agency |
|------------------------------+-----------------------------------------|
|$0-$100 million |2.5% |
|------------------------------+-----------------------------------------|
|Over $100 to $200 million |3% |
|------------------------------+-----------------------------------------|
|Over $200 million |3.5% |
| | |
------------------------------------------------------------------------
AB 277
Page 12
The Tribe's and the State Gaming Agency's obligations under this
provision shall terminate on June 30, 2020.
The State shall terminate the Tribe's and the State's obligations as
provided if the Chukchansi Indian Tribe pursues in any way, or
finances, in whole or in part, directly or indirectly, any lobbying,
administrative, legal, judicial or other challenge to the Secretary's
decision to accept the 305-Acre Parcel in trust for the Tribe, the
California Legislature's ratification of this Compact, or the
Secretary's approval of this Compact.
Payments for Project Mitigation : The Compact allows the Tribe to
deduct the following mitigation payments to be paid under existing and
certain future agreements, including:
1)$4.035 million a year to the County of Madera (County) under the
2004 Memorandum of Understanding (MOU) (includes $100,000 a year to
City of Chowchilla), as defined.
2)$825,000 to the City of Madera (City) under the 2006 MOU, as
defined.
3)$47,500 to the Madera Irrigation District (Irrigation District)
under the 2006 MOU, as specified.
4)Payments for highway improvements under a future agreement with the
California Department of Transportation (Caltrans), as defined.
The payments to the County, City, and Irrigation District listed above
are annual (i.e., recurring) payments (adjusted annually by the
Consumer Price Index (CPI)). The Caltrans agreement will be a
one-time (i.e., non-recurring) payment to improve the Avenue 17
interchange.
Other Mitigation : Beginning in Year Six, payments of up to 2% of Net
Win for mitigation not otherwise provided for in any intergovernmental
agreement for services including: law enforcement, fire services,
AB 277
Page 13
emergency medical services, environmental impacts, water supplies,
waste disposal, behavioral health, planning and adjacent land uses,
public health, roads, recreation and youth programs, and child care
programs.
Payments for State Regulatory Costs : The Compact requires the Tribe
to pay the actual and reasonable costs the State incurs for the
performance of all its duties under the Compact for deposit into the
SDF.
Other Key Provisions of the Compact :
Authorized Class III Gaming : In addition to any Class II games, the
Tribe is authorized to operate gaming devices (slot machines), banking
or percentage card games, and any devices or games that are authorized
under state law to the California State Lottery. The Tribe may not
operate roulette games (table or mechanical) or any game that
incorporates the physical use of a die or dice. The Tribe shall not
engage in Class III Gaming that is not expressly authorized in the
Compact.
Authorized Facilities and Number of Gaming Devices : The Tribe is
entitled to operate up to a total of 2,000 gaming devices, as defined
in the Compact. However, that in the event the State authorizes
another federally recognized Indian tribe to operate in excess of
2,000 gaming devices at any location within a 60-mile radius of the
305-Acre Parcel, the Tribe shall be entitled to operate up to the same
number of gaming devices as such other federally recognized Indian
tribe is authorized to operate. The Tribe may engage in Class III
Gaming only on eligible Indian lands held in trust for the Tribe, at a
single gaming facility located within the boundaries of the 305-Acre
Parcel. The Tribe agrees not to engage in any gaming activities
anywhere else in California.
Exclusivity : Provides for the exclusive right to conduct Class III
Gaming. If exclusivity is abridged anywhere in the state and gaming
devices are allowed to be operated legally at non-tribal facilities,
the Tribe may either terminate the Compact and stop conducting gaming
activities, or reduce its contributions to the SDF, RSTF, and TNGF
pending negotiations with the state for a new agreement. Nothing in
the Compact is intended to preclude the California State Lottery from
offering any lottery games or devices that are currently or may
hereafter be authorized by state law.
AB 277
Page 14
Gaming Facility Mitigation : Before the commencement of any activity
occurring on Indian lands, the Tribe shall follow designated
procedures, and enter into specific agreements, required pursuant to
the Compact, to mitigate significant effects on the off-reservation
environment that any tribal environmental impact report described in
the Compact identifies may occur as a result of the gaming facility.
In addition, the Tribe shall enter into agreements with the City, the
County, the Irrigation District, and Caltrans for such undertakings
and services that mitigate the impacts of the gaming facility and
thereby benefit the gaming facility, the Tribe, the City, the County,
the Irrigation District, other affected jurisdictions, and Caltrans
upon terms satisfactory to the Governor.
Local Intergovernmental Agreements Completed : The Tribe has entered
into three separate enforceable MOU agreements with Madera County
(2004), the City of Madera (2006), and the Madera Irrigation District
(2006). The Madera County MOU also contains provisions directly
relating to and benefiting the City of Chowchilla. These three
comprehensive agreements require that the Tribe pay nearly $100
million in contributions over 20 years to fund local public safety,
infrastructure, education, housing, job training, economic
development, and local charities as well as to mitigate possible
significant impacts of the project. In addition, the Tribe has agreed
to establish several new foundations to invest in local charitable
causes, education, economic development, and unincorporated areas.
Patron Protections : The Tribe agrees to binding arbitration before a
single arbitrator, who shall be a retired judge, for disputes over
patron injuries and gambling, as specified.
Environmental Protections : The Tribe is required to prepare a Tribal
Environmental Impact Report (TEIR) prior to initiating a development
project for a facility, to measure off-reservation environmental
impacts including an evaluation of energy consumption. A completed
TEIR shall be filed with the County, the City, the Department of
Justice, Office of the Attorney General, and the State Clearinghouse.
In the event that no agreement on mitigation is reached, either party
may demand binding arbitration. Failure to prepare an adequate TEIR
when required shall be deemed a breach of the Compact and furthermore
shall be grounds for issuance of an injunction or other appropriate
equitable relief.
AB 277
Page 15
Labor Provisions : If the Tribe employs 250 or more persons in a
tribal casino facility, then the provisions of the Tribal Labor
Relations Ordinance (TLRO) become effective. The TLRO provides for a
secret ballot election. The Tribe has entered into separate
agreements with the Fresno, Madera, Kings, and Tulare Counties
Building and Construction Trades Council (2005) and UNITE HERE
International Union (2006).
Employee Protections : The Tribe has granted employees the right to
collectively bargain. The Tribe has agreed to participate in the
State's worker's compensation system and unemployment insurance
program, to comply with federal and state occupational health and
safety standards, and to consent to the jurisdiction of the state
agencies and courts enforcing all of those standards. The Tribe also
has agreed to enhanced employment discrimination provisions.
Public and Workplace Liability : The Tribe has agreed to adopt and
comply with standards no less stringent than federal and state
employment discrimination laws. Any discrimination claims may be
resolved pursuant to binding arbitration before a retired judge. The
Tribe has agreed to maintain employment practices insurance of no less
than $3 million per occurrence. Personal injury and property damage
claims arising from the casino operation may be resolved pursuant to
binding arbitration before a retired judge. The Tribe has agreed to
maintain commercial general liability insurance of no less than $10
million per occurrence for bodily injury, property damage, and
personal injury. The Tribe has agreed to participate in the State's
workers' compensation and unemployment compensation programs with
respect to employees employed at the Tribe's casino. The Tribe has
also agreed to comply with all earnings withholding orders for spousal
and child support.
Building and Safety Standards : The casino must adopt and comply with
federal and State workplace and occupational health and safety
standards.
Enhanced Audit and Compliance Review Procedures : In addition to
providing for an annual independent audit, the Compact allows the
State to conduct its own annual audit and Compact compliance review.
Inspection of Slot Machines : The Compact requires that the software
used for the play on a gaming device to be tested, approved and
certified by an independent or state governmental gaming test
laboratory. Slot machines are required to be tested by a gaming test
AB 277
Page 16
laboratory and the Tribal Gaming Agency (TGA). The CGCC shall inspect
all gaming devices in operation at the casino, including all the
software, hardware, and associated equipment and systems that support
the operation of the gaming devices, on a random basis four times
annually to confirm that they operate and play properly. The CGCC
shall review the Tribe's technical standards, regulations and internal
controls applicable to slot machines.
Minimum Internal Control Standards (MICS) : The Compact requires the
Tribe to adopt and comply with minimum internal control standards
(MICS) that meet or exceed the standards of the federal National
Indian Gaming Commission. The MICS are incorporated into the Compact
as an appendix, which shall be updated periodically to stay abreast of
changing technology and industry standards. Furthermore, it requires
the Tribe to contract with an independent certified public accountant
(CPA) at least annually, at the Tribe's expense, to verify compliance
with the Tribe's written internal control standards.
Problem Gambling : The Tribe must train supervisors and floor
employees on identifying and managing problem gambling, include a
responsible gaming message in advertising, provide signage and
education materials at conspicuous locations aimed at preventing
problem gambling, and adopt a code of conduct derived from the
American Gaming Association's code.
Tobacco : The Tribe agrees to provide a non-smoking area in the gaming
facility and to utilize a ventilation system throughout the gaming
facility that exhausts tobacco smoke to the extent reasonably feasible
under state-of-the-art technology existing as of the date of the
construction or significant renovation of the gaming facility, and
further agrees not to offer or sell tobacco to anyone under 18 years
of age.
Prohibitions Regarding Minors : The Tribe shall prohibit persons under
the age of 21 years from being present in any room or area in which
gaming activities are being conducted unless the person is en route to
a nongaming area of the gaming facility, or is employed at the gaming
facility in a capacity other than as a gaming employee.
Alcohol Sales : Makes it explicit that the purchase, sale, and service
of alcoholic beverages shall be subject to state law (Alcoholic
Beverage Control Act).
Tribal Ownership, Management, and Control of Gaming Operation : The
AB 277
Page 17
gaming operation authorized under this Compact shall be owned solely
by the Tribe.
Effective Date : The Compact is not effective until it is ratified in
accordance with State law, and notice of approval by the U.S.
Secretary of the Interior is published in the Federal Register. Upon
all the necessary approvals, the Compact will be valid until December
31, 2033.
WIYOT TRIBE
Summary : This bill would ratify an unique tribal-state gaming compact
between the State of California (State) and the Wiyot Tribe (Tribe),
executed on March 20, 2013.
The Wiyot Tribe, formerly known as the Table Bluff Reservation - Wiyot
Tribe, California, is a federally recognized Indian tribe, comprised
of nearly 640 members. The Tribe has agreed to forgo opening a
gambling casino on its 88-acre reservation, which is adjacent to the
Humboldt Bay National Wildlife Refuge. The reservation is 16 miles
(26 km) south of Eureka between Loleta and the South Jetty of Humboldt
Bay in Humboldt County.
According to the Governor's office, the Wiyot people have lived in the
Humboldt Bay region for thousands of years. The North Coast of
California is rich with abundant terrestrial, riverine, estuarine, and
marine resources. The United States Fish and Wildlife Service manages
the Humboldt Bay National Wildlife Refuge Salmon Creek Unit east of
the Reservation and the Eel River Estuary to the south. These
protected areas exist primarily to protect and enhance wetland
habitats for hundreds of thousands of migratory water fowl that rely
on the Pacific Flyway.
The Governor's office states, the Wiyot Tribe and the State had
extensive negotiations concerning the Tribe's desire to conduct Class
III gaming on its existing lands in Humboldt County. The State has
concerns related to the potential environmental implications of a
tribal gaming facility on the Tribe's lands, including concerns
related to water quality, a casino adjacent to the Humboldt Bay
National Wildlife Refuge, the potentially negative aesthetic impact of
a casino on Humboldt Bay, and the potential depletion of the aquifer
supplying the Humboldt County area.
In exchange for not building a casino, the Tribe will receive up to
AB 277
Page 18
3.5% of the gaming revenue from a proposed gaming facility operated by
the North Fork Rancheria of Mono Indians of California in Madera
County. According to the Wiyot Tribe, this revenue sharing
arrangement will generate between $3-5 million a year, nearly four
times as much as the Tribe currently receives in gaming allotments
under the Indian Gaming Revenue Sharing Trust Fund (IGRSTF or RSTF).
The Wiyot Tribe states, this "Tribal-State Gaming Compact will provide
our tribal members with resources to educate and care for our people
and protect our environmentally sensitive lands."
The Wiyot Tribe and Compact : The Compact's preamble declares, the
Tribe has historically been a strong and active steward of its lands,
wishes to continue to protect those lands, and is willing to agree not
to engage in or authorize gaming activities on those lands if it can
promote tribal economic development and self-sufficiency in another
way.
The Compact's preamble further declares, to promote good relations
between tribal, state, and local governments, enhance tribal economic
development and self-sufficiency, protect the environment and the
interests of the Tribe and the California public, and promote the
purposes of the Indian Gaming Regulatory Act of 1988 (IGRA), the State
and the Tribe have concluded this Compact, which provides for a fair
payment to the Tribe in exchange for the Tribe's agreement to forgo
gaming activities on its lands for the duration of this Compact.
The Wiyot Tribe has committed to using a portion of these funds to
continue their environmental work on Humboldt Bay and the Eel River,
including their ongoing water quality monitoring, Brownfields cleanup,
environmental education and outreach, and habitat restoration.
Furthermore, in joining with the North Fork Rancheria, ratification of
the Wiyot Tribe Compact will help protect an area of the Sierra
foothills near the Sierra National Forest and Yosemite National Park.
The Wiyot Compact requires that the Tribe use at least 50% of the
revenues derived from the Compact to fund tribal government operations
and programs, general tribal welfare programs, economic development
and charitable donations. The Tribe cannot distribute any more than
50% of these monies directly to tribal members so that the funds
benefit the tribe as a whole in accordance with our tribal mission.
According to the Tribe, their annual budget is approximately $1
million, most of which comes from the RSTF for non-gaming tribes.
AB 277
Page 19
Half of that annual allocation goes to tribal members for their
support. The rest goes toward tribal operations. The Tribe has 14
employees on the reservation, four of whom are tribal members. As of
2004, the unemployment rate for tribal members was 29%. Nearly 37% of
the Tribal members lived in poverty-much higher than the statewide
average at that time.
The Tribe states, "the revenues will receive from the North Fork
Compact will allow us to provide education, health care and economic
development for our tribal members, help us revitalize and teach our
native language, as well as allow us to continue the environmental
protection and improving the ancestral lands that we so cherish."
On a side note, in 2008, after nine years of negotiation, the Tribe
signed a tribal Compact with Governor Arnold Schwarzenegger. In the
Compact, the Tribe also waived their right to Class III gaming on its
reservation in exchange for a share of the gaming revenues derived
from the casino of the North Fork Rancheria of the Mono Indians. The
North Fork Tribe also had signed a 2008 Compact with the Governor.
Both Compacts were never submitted to the Legislature for ratification
because both Tribes had agreed to wait until the Secretary of the
Interior approved the placement of the Madera County casino site into
trust. On February 5, 2013, the United States Department of the
Interior placed the North Fork's land in trust for gaming purposes.
Relinquishment of Right to Game :
Tribe's Agreement to Forgo Gaming Activities : The Wiyot Tribe has
agreed not to engage in, authorize, or permit gaming activities on its
Indian lands in California during the term of this Compact in exchange
for the payments provided to the Tribe.
Conditions on Agreement to Forgo Gaming Activities : In the event that
North Fork fails to receive final federal and State approval necessary
to make the land specified in the North Fork Compact eligible for
Class III gaming by July 1, 2014, the Tribe may, at its sole option,
terminate this Compact and request the State to negotiate a gaming
Compact; provided that nothing in this Compact shall compel the State
to agree to such request or shall be deemed to waive or in any way
affect any right of the State to challenge the Wiyot Tribe's assertion
that it possesses lands eligible for Class III gaming or that it is
otherwise entitled to game on its lands.
Revenue Provisions of the Wiyot Compact :
AB 277
Page 20
Payment Schedule : In consideration of the Wiyot Tribe's agreement to
forgo gaming activities on its Indian lands for the duration of this
Compact, the State negotiated the following payments from North Fork
for the benefit of the Wiyot Tribe in connection with the North Fork
Compact. The payments are based on the following percentages of Net
Win of the gaming devices operated pursuant to the 2012 North Fork
Compact:
-----------------------------------------------------------------------
|Annual Net Win of North Fork's |Percentage of Annual Net Win of |
|Gaming Devices Pursuant to North |Gaming Devices to be Paid to the |
|Fork Compact |Wiyot Tribe |
|---------------------------------+-------------------------------------|
|$0-$100 million |2.5% |
|---------------------------------+-------------------------------------|
|Over $100 to $200 million |3% |
|---------------------------------+-------------------------------------|
|Over $200 million |3.5% |
| | |
-----------------------------------------------------------------------
These payments shall be calculated, as specified, in the North Fork
Compact, which provides that the payments for the benefit of the Wiyot
Tribe shall be made quarterly to the State Gaming Agency, and that the
specific percentage applied to the quarterly Net Win shall be
determined by the cumulative total of the Net Win earned since the
beginning of the calendar year.
Payments to the Wiyot Tribe from the State : The State Gaming Agency
shall serve as trustee of the RSTF for the benefit of the Wiyot Tribe
but shall have no duties or obligations except as set forth in the
Compact. The State Gaming Agency shall receive, deposit, and
distribute monies received from North Fork for the sole benefit of the
Wiyot Tribe pursuant to the State's disbursement process and the
schedule specified in the Compact.
In the event the Tribe terminates the Compact, as described, or the
State terminates the Compact, the Tribe will lose the right to receive
the payments, as specified, in the Compact.
Confidentiality of Documents : The Tribe will exercise the utmost care
in the preservation of the confidentiality of any and all information
and documents received from the State Gaming Agency relating to the
AB 277
Page 21
North Fork Compact, as defined.
Revenue Sharing Trust Fund Payments (RSTF) : Neither the existence of
the Compact nor any of its provisions shall affect the Tribe's
eligibility to receive distributions from the RSTF and the Tribal
Nation Grant Fund (TNGF), as described.
Use of Disbursements : The parties to the Compact make no
representations as to the applicability of 25 U.S.C. Section
2710(b)(2)(B) to the revenues to be received by the Tribe as a result
of this Compact. Nonetheless, in order to achieve IGRA's goals, the
Wiyot Tribe shall use the revenues received pursuant this Compact in
accordance with federal law, but may not use more than 50% of those
revenues in any year to make per capita payments to its tribal
members.
The Wiyot Tribe shall not use any revenues received pursuant to this
Compact to create or construct any facility for the purpose of
engaging in Class II gaming (as defined in IGRA) or gaming activities
during the term of this Compact unless and until the Compact is
terminated, as described. The Tribe shall deposit all revenues
received from the Compact in a separate bank account or accounts, as
specified.
Claims Relating to the Trust Funds : The State and the Wiyot Tribe
agree that the State Gaming Agency shall have no duty whatsoever to
institute or defend any legal proceedings or any action at law or in
equity that relates to the Wiyot Tribe Trust Fund, the RSTF, or the
TNGF. The State Gaming Agency shall give written notice to the State
and the Tribe as soon as is practicable upon learning of or being
served with process for any such proceedings or action by an entity or
person.
Dispute Resolution Provisions : In recognition of the
government-to-government relationship of the Tribe and the State, the
parties shall make their best efforts to resolve disputes that arise
under this Compact by good faith negotiations whenever possible.
Therefore, except for the right of either party to seek injunctive
relief against the other when circumstances are deemed to require
immediate relief, the Tribe and the State shall seek to resolve
disputes by first meeting and conferring in good faith in order to
foster a spirit of cooperation and efficiency in the administration
and monitoring of the performance and compliance of the terms,
provisions, and conditions of this Compact as described.
AB 277
Page 22
Term of Compact : Once effective, this Compact shall be in full force
and effect for state and federal law purposes until December 31, 2033.
Effective Date : The Compact is not effective until it is ratified in
accordance with state law, and notice of approval by the U.S.
Secretary of the Interior is published in the Federal Register. Upon
all the necessary approvals, the Compact will be valid.
Termination by the Tribe : The Compact authorizes the Wiyot Tribe to
terminate this Compact; the termination may only be effectuated by
means of written notice served on the Governor of the State, as
specified.
Termination by the State : In the event of any material change in the
State's ability to comply with the terms of this Compact, the State
may terminate this Compact upon 90 days' written notice to the Tribe.
State budget constraints, in and of themselves, shall not be deemed a
material change in the State's ability to comply with the terms of
this Compact.
Amendment by Agreement : The terms and conditions of this Compact may
be amended at any time by the mutual and written agreement of both
parties during the term of this Compact, as described.
In Support : The State Building and Construction Trades of California
states, this bill will create thousands of quality jobs construction
jobs for the members of the building trades. The project associated
with this compact will create over 5,000 jobs in one of the most
underserved and economically disadvantaged regions of the country.
Madera County currently has a 13.4% unemployment rate. However, the
overall unemployment rate in the construction industry is above 25%
with some crafts reporting higher rates. The project will generate
hundreds of millions in local economic benefits in wages, local
business contracts, public infrastructure and other local public
funding. The North Fork Rancheria project is a shining light of hope
for thousands of working families.
Supporters note that the North Fork Tribe project will generate much
needed employment and additional business opportunities as well as
generating tourism to Madera and the San Joaquin Valley.
Proponent's state, the North Fork Tribe has worked diligently through
AB 277
Page 23
a very long, arduous and thorough multi-governmental process to get to
this point.
According to California Labor Federation and UNITE HERE, the North
Fork Tribe has agreed to respect the rights of tribal gaming employees
to seek union representation. We applaud their willingness to join
other California gaming tribes who support enforceable worker rights.
Proponents further state, this Compact will also provide much needed
income to the economically disadvantaged Wiyot Tribe. The Tribe has
committed to using a portion of the funds to continue their
environmental work on Humboldt Bay and Eel River, including their
ongoing water quality monitoring, Brownfields cleanup, environmental
education and outreach, and habitat restoration. Furthermore, in
joining with the North Fork Tribe, ratification of these compacts will
help protect an area of the Sierra foothills near the Sierra National
Forest and Yosemite National Park.
In Opposition : Opponents in opposition state, that each and every
tribe that undertook the campaign to pass Propositions 5 (1998) and 1A
(2000) has a moral obligation to stand by the explicit commitment that
was made to the voters that Indian gaming would be limited to Indian
lands. The decision to authorize Class III gaming on a limited basis
to tribal lands was not a light judgment, and the fundamental tenets
for that statewide approval must be honored. The fact of the matter
is that the North Fork Tribe currently has land in trust that is
eligible for gaming. The Tribe can conduct gaming on land they
already hold in trust. That the land is not as commercially
advantageous as land closer to population centers is a circumstance
neither unique to this tribe nor a good reason to abandon the State's
longstanding and effective policy of limited gaming in California, as
expressed by the voters in numerous initiative measures and referenda.
In addition, Table Mountain Rancheria opposes any tribal gaming
compact that encourages, requires, or requests a federally recognized
Indian Tribe to waive its sovereign right to engage in gaming on their
Rancheria or reservation.
Opponents further state, there are significant legal issues regarding
this Compact, and many social concerns exist as well. This project
will also divest the State and the County of jurisdiction over land
because placing land is trust takes land out of regulatory control of
the state and local government. This means less property tax, sales
tax, possessory tax revenue. In addition, the Governor's
AB 277
Page 24
responsibility is to faithfully uphold and enforce the law. This bill
presents a compact that is inconsistent with the separation of powers,
current state gaming policy approved by the statewide electorate,
state statute and California Constitutional law.
ADDITIONAL BACKGROUND INFORMATION
California Proposition 1A, Gambling on Tribal Lands : California
Proposition 1A, also known as the Gambling on Tribal Lands Amendment,
was on the March 7, 2000, ballot in California, where it was approved
(64.5%-35.5%). Proposition 1A authorized the governor to negotiate
compacts with federally recognized Indian tribes on Indian lands in
California to operate slot machines, lotteries and banking and
percentage card games, subject to legislative ratification.
Proposition 1A was a legislatively-referred constitutional amendment,
placed on the ballot by the California State Legislature as a proposed
modification of the Section 19 of Article IV of the California
Constitution.
Indian Gaming Regulatory Act : In 1988, Congress enacted the IGRA to
provide a statutory basis for the operation and regulation of gaming
on Indian lands. IGRA provides that an Indian tribe may conduct
gaming activity on Indian lands if the activity "is not specifically
prohibited by federal law and is conducted within a State which does
not prohibit such gaming activity."
The statute divides gaming activities into three classes (Class I,
Class II, and Class III), each subject to different regulations.
Class III Gaming includes such things as slot machines, casino games
and banked card games such as black jack and baccarat. Class III
Gaming may only be conducted under terms of a compact negotiated
between an Indian tribe and a State. Class II Gaming is defined to
include bingo and card games that are explicitly authorized by the
laws of the state, or that are not explicitly prohibited by the laws
of the state and are played at any location in the State, so long as
the card games are played in conformity with those laws and
regulations.
IGRA was enacted against a legal background in which Indian tribes and
individuals generally are exempt from state taxation within their own
territory. IGRA provides that with the exception of assessments
permitted under the statute, to defray the State's costs of regulating
gaming activity, IGRA shall not be interpreted as conferring upon a
State authority to impose any tax, fee, charge, or other assessment
AB 277
Page 25
upon an Indian tribe to engage in Class III activity. Nor may a State
refuse to enter into negotiations based on the lack of authority to
impose such a tax, fee, charge, or other assessment.
When a tribe requests negotiations for a Class III compact, IGRA
requires the State to negotiate with the Indian tribe in good faith.
IGRA provides a comprehensive process to prevent an impasse in compact
negotiations, which is triggered when a tribe files suit alleging that
the State has refused to negotiate or has failed to negotiate in good
faith.
Compact Negotiation and Ratification : The State Constitution, as
amended by Proposition 1A of March 2000, permits Indian tribes to
conduct and operate slot machines, lottery games, and banked and
percentage card games on Indian land. These gambling activities can
only occur if: 1) the Governor and an Indian tribe reach agreement on
a compact; 2) the Legislature approves the compact; and 3) the federal
government approves the compact.
The Governor is the designated state officer responsible for
negotiating and executing, on behalf of the state, tribal-state gaming
compacts with federally recognized Indian tribes located within the
State of California. Following completion of negotiations, the
Governor shall submit a copy of any executed tribal-state compact to
both houses of the Legislature for ratification and shall submit a
copy of the executed compact to the Secretary of State and it then
must be approved and published in the Federal Register by the U.S.
Secretary of the Interior.
Rincon Decision : This Compact takes into consideration a recent
decision of the United States Ninth Circuit Court of Appeals in Rincon
Band of Luiseno Mission Indians of the Rincon Reservation v.
Schwarzenegger (9th Cir. 2010) 602 F. 3d 1019, which states in
essence, that the State is precluded from negotiating with tribal
governments for payments into the General Fund. In July 2011, the
U.S. Supreme Court declined to review the Ninth Circuit Court's
decision.
In 2004, the Rincon Band of Mission Indians sued the State of
California in federal court after negotiations for a new gambling
agreement with then-Governor Schwarzenegger fell apart. The Tribe
believed the Governor was violating federal law by insisting that
Tribes pay money into the state's general fund in exchange for more
slot machines.
AB 277
Page 26
The Rincon decision has changed the dynamics of tribal-state compact
negotiations in the State of California.
Prior Legislation : AB 517 (Hall), Chapter 12, Statutes of 2012,
ratified the tribal-state gaming compact entered into between the
State and the Federated Indians of Graton Rancheria of Sonoma County,
executed on March 27, 2012.
AB 787 (Chesbro), Chapter 340, Statutes of 2012, ratified the
amendment to the tribal-state gaming compact entered into between the
State and the Coyote Valley Band of Pomo Indians, executed on July 25,
2012.
AB 1418 (Hall), Chapter 412, Statutes of 2011, ratified a revised
tribal-state gaming compact between the State and Pinoleville Pomo
Nation, authorizing the Tribe to commence Class III Gaming with up to
900 gaming devices, executed on August 8, 2011. Required
contributions to the SDF and the RSTF, as specified, instead of
requiring revenue contributions to the General Fund.
AB 1020 (Chesbro), Chapter 27, Statutes of 2011, ratified a revised
compact between the State and the Habematolel Pomo of Upper Lake
executed on March 17, 2011. Authorized the Tribe to operate up to 750
gaming devices with up to 15% of the Net Win from those gaming devices
be paid to the SDF and RSTF, instead of requiring revenue
contributions to the General Fund.
AB 122 (Coto), Chapter 3, Statutes of 2010, ratified the tribal-state
gaming compact entered into between the State and the Pinoleville Pomo
Nation executed by the Governor on March 10, 2009.
AB 3072 (Price), Chapter 334, Statutes of 2008, ratified the first
amendment to a tribal-state gaming compact entered into between the
State and the Shingle Springs Band of Miwok Indians, executed on June
30, 2008.
SB 106 (Wiggins), Chapter 37, Statutes of 2007, ratified a new compact
between the State and the Yurok Tribe of the Yurok Reservation.
SB 174 (Ducheny), Chapter 39, Statutes of 2007, ratified the first
compact amendment to the compact between the State and Sycuan Band of
the Kumeyaay Nation.
AB 277
Page 27
SB 175 (Ducheny), Chapter 38, Statutes of 2007, ratified the first
compact amendment to the compact between the State and the Morongo
Band of Mission Indians.
SB 903 (Padilla), Chapter 40, Statutes of 2007, ratified the first
compact amendment to the compact between the State and the Pechanga
Band of Luise�o Indians.
SB 941 (Padilla), Chapter 226, Statutes of 2007, ratified the first
compact amendment to the compact between the State and the San Manuel
Band of Serrano Mission Indians.
SB 957 (Torlakson), Chapter 41, Statutes of 2007, ratified the first
compact amendment to the compact between the State and the Agua
Caliente Band of Cahuilla Indians.
SB 470 (Ducheny), Chapter 527, Statutes of 2006, ratified the first
amendment to the compact between the State and the Quechan Tribe of
the Fort Yuma Reservation.
SB 1117 (Burton), Chapter 856, Statutes of 2004, ratified two new and
two amended compacts entered into between the State and the following
tribes: Coyote Valley Band of Pomo Indians (new compact); Fort Mojave
Indian Tribe (new compact); Buena Vista Rancheria of Me-Wuk Indians
(amended compact); and, Ewiiaapaayp Band of Kumeyaay Indians (amended
compact).
AB 687 (Nu�ez), Chapter 91, Statutes of 2004, ratified amendments to
five compacts entered into between the State and the following tribes:
Pala Band of Mission Indians; Pauma Band of Luiseno Mission Indians
of the Pauma and Yuima Reservation; Rumsey Band of Wintun Indians;
United Auburn Indian Communities; and, Viejas Group of Kumeyaay
Indians. Provides for the issuance of bonds in an amount not to
exceed $1.5 billion by the California Infrastructure and Economic
Development Bank and requires the net proceeds of the sale of the
compact assets to be deposited in the Traffic Congestion Relief Fund
and the Transportation Deferred Investment Fund.
SB 930 (Burton) Chapter 802, Statutes of 2003, ratified a compact
between the State and the Torres-Martinez Desert Cahuilla Indians.
SB 411 (Ducheny), Chapter 790, Statutes of 2003, ratified compacts
between the State and the La Posta Band of Diegueno Mission Indians
and the Santa Ysabel Band of Diegueno Mission Indians in San Diego
AB 277
Page 28
County.
AB 1385 (Battin), Chapter 874, Statutes of 1999, designated the
Governor as the state officer responsible for negotiating and
executing compacts between the State and federally recognized Indian
tribes located in the state. Ratifies 57 compacts and creates two
special funds in the State Treasury (SDF and RSTF) for the deposit of
revenues derived from Indian gaming and gaming device licensing fees.
SB 287 (Burton), Chapter 409, Statutes of 1998, ratified 11 compacts
negotiated between the State of California and Indian tribes that
permitted Class III Gaming devices on tribal lands and established a
process for ratifying other compacts.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN:
0000321