BILL ANALYSIS �
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THIRD READING
Bill No: AB 277
Author: Hall (D), et al.
Amended: 3/21/13 in Assembly
Vote: 21
ASSEMBLY FLOOR : 41-12, 5/2/13 - See last page for vote
SUBJECT : Tribal gaming: compact ratification
SOURCE : Author
DIGEST : This bill 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.
ANALYSIS :
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. Expressly authorizes a number of tribal-state
gaming compacts between the State and specified Indian
tribes.
CONTINUED
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2. 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. 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. 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.
3. Authorizes the Governor, under the California Constitution,
to negotiate and conclude compacts, subject to ratification
by the Legislature. In total, the State has signed and
ratified tribal-state gaming compacts with 70 Tribes. There
are currently 59 casinos operated by 58 Tribes.
NORTH FORK RANCHERIA COMPACT
This bill ratifies a tribal-state gaming compact (Compact)
between the State of California and the North Fork Rancheria
Band of Mono Indians of California, executed on August 31, 2012.
The following indicate key provisions of the Compact:
1. Scope of Class III Gaming . Authorizes the Tribe to operate
up to 2,000 gaming devices (slot machines), any banking or
percentage card games, and any devices or games that are
authorized under state law to the California Lottery,
provided that the Tribe will not offer such games through the
use of the Internet unless others in the State are permitted
to do so under State and federal law. The Tribe is not
precluded from offering Class II gaming or off-track horse
race wagering at the facility. Additionally, the Compact
does not authorize the operation of the game known as
roulette, whether or not played with or on a mechanical,
electro-mechanical, electrical, or video device, or cards, or
any combination of such devices, or the operation of any game
that incorporates the physical use of a die or dice.
Furthermore, 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
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federally recognized Indian tribe is authorized to operate.
2. Exclusivity . Provides that in the event the exclusive right
of Indian tribes to operate Class III gaming in California
pursuant to the California Constitution is lost and other
non-Indian entities are able to engage in Class III gaming
the Tribe shall have the right to terminate this Compact, in
which case the Tribe will lose the right to operate Class III
gaming authorized by this Compact; or continue under this
Compact with an entitlement to a reduction in its
contributions to the SDF, RSTF, and TNGF pending negotiations
with the state for a new agreement.
3. 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, the Department of
Justice, the Office of the Governor, and the 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.
4. Percentage payment of Net Win to the Revenue Sharing Trust
Fund (RSTF) . Subject to specified deductions, the Compact
requires the Tribe to pay the following percentages to the
State Gaming Agency (SGA) for deposit to the 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.
5. Payment terms . The Compact requires the Tribe to make
various payments for specified purposes. However, the Tribe
may "deduct such payments" from the RSTF and TNGF payments,
effectively capping the Tribe's total payment obligation
under the Compact to 10-15% of Net Win.
6. Payments to the Wiyot Tribe . The Compact requires the Tribe
to pay to the SGA for deposit into the Wiyot Tribe Trust Fund
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a percentage of Net Win in exchange for the Wiyot Tribe's
agreement not to game on their lands along Humboldt Bay in
Northern California.
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.
7. 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 SGA 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 SGA's obligations shall terminate, and
thereafter the Tribe shall pay to the SGA for deposit into
the SDF a percentage of the Tribe's Net Win for all gaming
devices operated in the gaming facility.
The Tribe's and the SGA'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
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Secretary's approval of this Compact.
8. 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:
A. $4.035 million a year to the County of Madera under
the 2004 Memorandum of Understanding (MOU) (includes
$100,000 a year to City of Chowchilla).
B. $825,000 to the City of Madera under the 2006 MOU.
C. $47,500 to the Madera Irrigation District under the
2006 MOU, as specified.
D. Payments for highway improvements under a future
agreement with the Department of Transportation
(Caltrans), as defined.
The payments to the County of Madera, City of Madera, and
Madera Irrigation District are annual (i.e., recurring)
payments (adjusted annually by the Consumer Price Index).
The Caltrans agreement will be a one-time (i.e.,
non-recurring) payment to improve the Avenue 17 interchange.
1. Additional mitigation payments . 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, 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.
2. 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 Indian Gaming Special
Distribution Fund (SDF).
3. Gaming facility mitigation . Requires the Tribe to follow
designated procedures and enter into specific agreements, to
mitigate significant effects, prior to the commencement of
any activity occurring on Indian lands, a principal purpose
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of which is to serve the gaming activities or gaming
operation, and which may cause either a direct physical
change in the off-reservation environment, or a reasonably
foreseeable indirect physical change in the off-reservation
environment. Also requires the Tribe to enter into agreements
with the City of Madera, the County of Madera, the Madera
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.
4. 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.
Other provisions of the Compact relate to patron protections;
environmental protections; labor relations; employee
protections; public and workplace liability; health and safety
standards; enhanced audit and compliance review procedures;
inspection of slot machines; Minimum Internal Control Standards;
problem gambling; tobacco and alcohol; and prohibitions
regarding minors.
This bill provides that 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 COMPACT
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This bill ratifies a unique tribal-state compact (Compact)
between the State of California (State) and the Wiyot Tribe
(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. The
Compact was executed on March 20, 2013. The following indicate
relinquishment and revenue provisions of the Compact:
1. 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.
2. 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.
3. 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 payments
from North Fork for the benefit of the Wiyot Tribe in
connection with the North Fork Compact. The payments are
based on percentages of Net Win of the gaming devices
operated pursuant to the 2012 North Fork Compact.
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
SGA, 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.
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4. Payments to the Wiyot Tribe from the State . The SGA 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 SGA 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.
5. 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 SGA
relating to the North Fork Compact, as defined.
6. 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 TNGF, as described.
7. Use of disbursements . The parties to the Compact make no
representations as to the applicability of 25 United States
Code 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.
8. Claims relating to the trust funds . The State and the Wiyot
Tribe agree that the SGA shall have no duty whatsoever to
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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 SGA 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.
9. 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.
10.Arbitration rules . Provides that arbitration shall be
conducted before a single arbitrator in accordance with the
Commercial Arbitration Rules of the American Arbitration
Association (Association) and shall be held in the federal
judicial district in which the Tribe's Indian lands are
situated and at a location selected by the arbitrator. Each
side shall initially bear one-half the costs and expenses of
the Association and the arbitrator but the arbitrator shall
award the prevailing party its costs, including the costs of
the Association and the arbitrator; however, the parties
shall bear their own attorney fees. Additionally, for the
purpose of actions or arbitrations brought and the
enforcement of any judgment or award resulting therefrom, the
State and the Tribe expressly waive their right to assert
their sovereign immunity from suit and from enforcement of
any ensuing judgment or arbitral award and to the
arbitrator's jurisdiction and further consent to be sued in
federal or state court.
11.Effective date and term of Compact . 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
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approvals, the Compact will be valid. Once effective, this
Compact shall be in full force and effect for state and
federal law purposes until December 31, 2033.
12.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.
13.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.
14.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.
Background
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 that since the restoration of its federally recognized
status in 1983, the Tribe has established modern tribal
governing institutions to improve 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
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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 - 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 Interior approved the requested actions.
U.S. Department of the Interior (DOI): tribal gaming
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application decision . On September 2, 2011, U.S. Department of
the Interior (DOI) issued a press release stating that Assistant
Secretary of the Interior for Indian Affairs Larry Echo Hawk
issued a decision determining 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.
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 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, 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 limited-gaming tribes.
The Compact's preamble states, "This Compact will afford the
Tribe primary responsibility over the regulation of its gaming
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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.
Wiyot Tribe . 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.
In 1860, a tragic massacre nearly destroyed the Tribe which has
since struggled for the survival of its people, culture and
historic language. In 1958, the Tribe was terminated under the
California Rancheria Act, lost its land in 1961, and for twenty
years was without the protections of federal law as a sovereign
Indian tribe. Federal tribal status was restored in 1981 and
approximately 88 acres of their ancestral lands were returned
several years later.
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 3.5% of the gaming revenue from a proposed gaming
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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 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 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. 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."
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
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February 5, 2013, the U.S. Department of the Interior placed the
North Fork's land in trust for gaming purposes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/13/13)
Bricklayers and Allied Craftworkers Local 3
Bruno Electric
Building and Construction Trades Council, AFL-CIO
California Association of Tribal Governments
California Conference of Carpenters
California Labor Federation
California State Association of Electrical Workers
California State Council of Laborers
California State Pipe Trades Council
Century 21 Ditton Realty
Chowchilla District Chamber of Commerce
Community Action Partnership of Madera County
County of Humboldt, Supervisor Rex Bohn, District 1
Eastern Madera County FireSafe Council
Ewiiaapaayp Band of Kumeyaay Indians
Forests Forever
Fresno Area Hispanic Chamber of Commerce
Fresno Metro Black Chamber of Commerce
General Teamsters Union Local 431
Golden Valley Chamber of Commerce
Hampton Inn and Suites
International Association of the Bridge, Structural, Ornamental
and Reinforcing Iron Workers Local Union 155
International Brotherhood of Electrical Workers Local 100
International Union of Painters and Allied Trades, District
Council 16
Ione Band of Miwok Indians
Karuk Tribe
Laborers International Union of North America, Local 294
Madera Business Coalition
Madera Chamber of Commerce
Madera Coalition for Community Justice
Madera County Board Supervisor, Max Rodriguez, District IV
Madera County Board Supervisor, Rick Farinelli, District III
Madera County Board Supervisor, Tom Wheeler, District V
Madera County Economic Development Commission
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Madera County Sheriff John P. Anderson
Madera County Workforce Investment Board
Madera Unified Teachers Association
National Electrical Contractors Association
North Fork Rancheria
Painters and Drywall Finishers Local 83
Painters and Drywall Finishers Local Union 913
Pajaro Valley Ohlone Indian Council
Pistoresi Ambulance Service
Plasterers' and Cement Masons' Local Union No. 300
Plumbers, Pipe, Refrigeration Fitters U.A. Local 246
Sheet Metal Workers' International Association Local Union 104
Sherman Thomas Ranch
Sprinkler Fitters Local Union 669
State Building and Construction Trades Council, AFL-CIO
Stations Casinos
The Ranchos Independent
Trees Foundation
Underground Utility/Landscape Local 355
United Association of Journeymen and Apprentices of the Plumping
and Pipe Fitting Industry
UNITE-HERE
Valley Pistachio Country Store
Western State Council of Sheet Metal Workers
Wiyot Tribe
Yosemite Gateway Association of Realtors
Yosemite Sierra Visitors Bureau
OPPOSITION : (Verified 6/13/13)
Artichoke Joe's Casino
Brigade Capital Management, LLC
Butte County Board Supervisor, Bill Connelly, District I
Cachil Dehe Band of Wintun Indians
California Gaming Association
Chowchilla Tribe of Yokuts
Citizens for a Better Way
City of Madera, Mayor Robert L. Poythress
Club One Casino, Inc.
Denham Resources
Greater Madera County Industrial Association
Jamulians Against the Casino
Jordan Actuarial Services
Lytton Rancheria
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Madera County Board Supervisor, David Rogers, District II
Madera Ministerial Association
Madera Municipal Airport Commission
Mooretown Rancheria
Morongo Band of Mission Indians
Pala Band of Mission Indians
Paskenta Band of Nomlaki Indians of California
Pechanga Band of Luiseno Indians
Picayune Rancheria of the Chukchansi Indians
Santa Ynez Band of Chumash Indians
Stand Up for California
Table Mountain Rancheria
U.S. Rack, Inc.
United Auburn Indian Community
West Bank Homeowners Association
ARGUMENTS IN SUPPORT : 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 a very long, arduous and thorough multi-governmental
process to get to this point.
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.
ARGUMENTS IN OPPOSITION : Opponents state that each and every
tribe that undertook the campaign to pass Propositions 5 (1998)
and 1A (2009) 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
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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 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.
ASSEMBLY FLOOR : 41-12, 5/2/13
AYES: Achadjian, Allen, Ammiano, Bigelow, Bloom, Blumenfield,
Bocanegra, Bonilla, Bonta, Buchanan, Campos, Chau, Ch�vez,
Chesbro, Conway, Cooley, Dickinson, Fong, Fox, Garcia, Gorell,
Gray, Hall, Jones-Sawyer, Lowenthal, Medina, Mitchell, Mullin,
Muratsuchi, Nazarian, Nestande, Olsen, Quirk, Quirk-Silva,
Rendon, Skinner, Stone, Ting, Weber, Wieckowski, John A. P�rez
NOES: Daly, Beth Gaines, Gatto, Gordon, Hagman, Levine, Linder,
Logue, Maienschein, Mansoor, Melendez, Patterson
NO VOTE RECORDED: Alejo, Atkins, Bradford, Brown, Ian Calderon,
Dahle, Donnelly, Eggman, Frazier, Gomez, Grove, Harkey, Roger
Hern�ndez, Holden, Jones, Morrell, Pan, Perea, V. Manuel
P�rez, Salas, Torres, Wagner, Waldron, Wilk, Williams, Yamada,
Vacancy
MW:k 6/13/13 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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