BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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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, Chávez,  
            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. Pérez
          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  
            Hernández, Holden, Jones, Morrell, Pan, Perea, V. Manuel  
            Pérez, Salas, Torres, Wagner, Waldron, Wilk, Williams, Yamada,  
            Vacancy


          MW:k  6/13/13   Senate Floor Analyses 







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                           SUPPORT/OPPOSITION:  SEE ABOVE

                                   ****  END  ****