California Legislature—2013–14 Regular Session

Assembly Bill No. 1426

Introduced by Committee on Governmental Organization (Hall (Chair), Nestande (Vice Chair), Chesbro, Cooley, Gray, Hagman, Jones, Jones-Sawyer, Levine, Perea, V. Manuel Pérez, Salas, Torres, and Waldron)

March 21, 2013

An act to add Title 16.5 (commencing with Section 98020) to, to repeal Sections 12012.5, 12012.25, 12012.30, 12012.35, 12012.40, 12012.45, 12012.46, 12012.465, 12012.47, 12012.475, 12012.48, 12012.485, 12012.49, 12012.495, 12012.51, 12012.515, 12012.52, 12012.53, 12012.54, 12012.551, 12012.56, 12012.57, 12012.75, 12012.85, and 12012.90 of, to repeal Chapter 7.5 (commencing with Section 12710) of Part 2 of Division 3 of Title 2 of, and to repeal Chapter 3 (commencing with Section 98075) of Title 16.5 of, the Government Code, relating to gaming.

LEGISLATIVE COUNSEL’S DIGEST

AB 1426, as introduced, Committee on Governmental Organization. Tribal gaming.

Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude compacts, subject to ratification by the Legislature.

Existing law ratifies a number of tribal-state gaming compacts between the State of California and specified Indian tribes. Existing law creates in the State Treasury the Indian Gaming Revenue Sharing Trust Fund and the Indian Gaming Special Distribution Fund for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of gaming compacts entered into with the state, and authorizes moneys in those funds to be used for certain purposes. Existing law, until January 1, 2021, establishes the method of calculating the distribution of appropriations from the Indian Gaming Special Distribution Fund for grants to local government agencies impacted by tribal gaming.

This bill would reorganize and make technical, nonsubstantive changes to these provisions. The bill would conform these provisions to the changes made by the Governor’s Reorganization Plan No. 2. of 2012.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 12012.5 of the Government Code is
repealed.

begin delete

12012.5.  

(a) The following tribal-state compacts entered in
accordance with the Indian Gaming Regulatory Act of 1988 (18
U.S.C. Sec. 1166 et seq. and 25 U.S.C. Sec. 2701 et seq.) are
hereby ratified:

(1) The compact between the State of California and the Barona
Band of Mission Indians, executed on August 12, 1998.

(2) The compact between the State of California and the Big
Sandy Rancheria of Mono Indians, executed on July 20, 1998.

(3) The compact between the State of California and the Cher-Ae
Heights Indian Community of Trinidad Rancheria, executed on
July 13, 1998.

(4) The compact between the State of California and the Jackson
Rancheria Band of Miwuk Indians, executed on July 13, 1998.

(5) The compact between the State of California and the
Mooretown Rancheria of Concow/Maidu Indians, executed on
July 13, 1998.

(6) The compact between the State of California and the Pala
Band of Mission Indians, as approved by the Secretary of the
Interior on April 25, 1998.

(7) The compact between the State of California and the Redding
Rancheria, executed on August 11, 1998.

(8) The compact between the State of California and the Rumsey
Indian Rancheria of Wintun Indians of California, executed on
July 13, 1998.

(9) The compact between the State of California and the Sycuan
Band of Mission Indians, executed on August 12, 1998.

(10) The compact between the State of California and the Table
Mountain Rancheria, executed on July 13, 1998.

(11) The compact between the State of California and the Viejas
Band of Kumeyaay Indians, executed on or about August 17, 1998.

The terms of each compact apply only to the State of California
and the tribe that has signed it, and the terms of these compacts
do not bind any tribe that is not a signatory to any of the compacts.

(b) Any other compact entered into between the State of
California and any other federally recognized Indian tribe which
is executed after August 24, 1998, is hereby ratified if (1) the
compact is identical in all material respects to any of the compacts
ratified pursuant to subdivision (a), and (2) the compact is not
rejected by each house of the Legislature, two-thirds of the
membership thereof concurring, within 30 days of the date of the
submission of the compact to the Legislature by the Governor.
However, if the 30-day period ends during a joint recess of the
Legislature, the period shall be extended until the fifteenth day
following the day on which the Legislature reconvenes. A compact
will be deemed to be materially identical to a compact ratified
pursuant to subdivision (a) if the Governor certifies that it is
materially identical at the time he or she submits it to the
Legislature.

(c) The Legislature acknowledges the right of federally
recognized tribes to exercise their sovereignty to negotiate and
enter into compacts with the state that are materially different from
the compacts ratified pursuant to subdivision (a). These compacts
shall be ratified upon approval of each house of the Legislature, a
majority of the membership thereof concurring.

(d) 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 in the State of
California pursuant to the federal Indian Gaming Regulatory Act
of 1988 (18 U.S.C. Sec. 1166 et seq. and 25 U.S.C. Sec. 2701 et
seq.) for the purpose of authorizing class III gaming, as defined
in that act, on Indian lands. Nothing in this section shall be
construed to deny the existence of the Governor’s authority to have
negotiated and executed tribal-state compacts prior to the effective
date of this section.

(e) The Governor is authorized to waive the state’s immunity
to suit in federal court in connection with any compact negotiated
with an Indian tribe or any action brought by an Indian tribe under
the Indian Gaming Regulatory Act (18 U.S.C. Sec. 1166 et seq.
and 25 U.S.C. Sec. 2701 et seq.).

(f) In deference to tribal sovereignty, the execution of, and
compliance with the terms of, any compact specified under
subdivision (a) or (b) shall not be deemed to constitute a project
for purposes of the California Environmental Quality Act (Division
13 (commencing with Section 21000) of the Public Resources
Code).

(g) Nothing in this section shall be interpreted to authorize the
unilateral imposition of a statewide limit on the number of lottery
devices or of any allocation system for lottery devices on any
Indian tribe that has not entered into a compact that provides for
such a limit or allocation system. Each tribe may negotiate
separately with the state over these matters on a
government-to-government basis.

end delete

SEC. 2.  

Section 12012.25 of the Government Code is repealed.

begin delete

12012.25.  

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

(1) The compact between the State of California and the Alturas
Rancheria, executed on September 10, 1999.

(2) The compact between the State of California and the Barona
Band of Mission Indians, executed on September 10, 1999.

(3) The compact between the State of California and the Big
Sandy Rancheria Band of Mono Indians, executed on September
10, 1999.

(4) The compact between the State of California and the Big
Valley Rancheria, executed on September 10, 1999.

(5) The compact between the State of California and the Bishop
Paiute Tribe, executed on September 10, 1999.

(6) The compact between the State of California and the Blue
Lake Rancheria, executed on September 10, 1999.

(7) The compact between the State of California and the Buena
Vista Band of Me-wuk Indians, executed on September 10, 1999.

(8) The compact between the State of California and the
Cabazon Band of Mission Indians, executed on September 10,
1999.

(9) The compact between the State of California and the Cahto
Tribe of Laytonville, executed on September 10, 1999.

(10) The compact between the State of California and the
Cahuilla Band of Mission Indians, executed on September 10,
1999.

(11) The compact between the State of California and the Campo
Band of Mission Indians, executed on September 10, 1999.

(12) The compact between the State of California and the
Chemehuevi Indian Tribe, executed on September 10, 1999.

(13) The compact between the State of California and the
Chicken Ranch Rancheria, executed on September 10, 1999.

(14) The compact between the State of California and the Coast
Indian Community of the Resighini Rancheria, executed on
September 10, 1999.

(15) The compact between the State of California and the Colusa
Indian Community, executed on September 10, 1999.

(16) The compact between the State of California and the Dry
Creek Rancheria Band of Pomo Indians, executed on September
10, 1999.

(17) The compact between the State of California and the Elk
Valley Rancheria, executed on September 10, 1999.

(18) The compact between the State of California and the
Ewiiaapaayp Band of Kumeyaay, executed on September 10, 1999.

(19) The compact between the State of California and the Hoopa
Valley Tribe, executed on September 10, 1999.

(20) The compact between the State of California and the
Hopland Band of Pomo Indians, executed on September 10, 1999.

(21) The compact between the State of California and the
Jackson Band of Mi-Wuk Indians, executed on September 10,
1999.

(22) The compact between the State of California and the Jamul
Indian Reservation, executed on September 10, 1999.

(23) The compact between the State of California and the La
Jolla Indian Reservation, executed on September 10, 1999.

(24) The compact between the State of California and the
Manzanita Tribe of Kumeyaay Indians, executed on September
10, 1999.

(25) The compact between the State of California and the Mesa
Grande Band of Mission Indians, executed on September 10, 1999.

(26) The compact between the State of California and the
Middletown Rancheria Band of Pomo Indians, executed on
September 10, 1999.

(27) The compact between the State of California and the
Morongo Band of Mission Indians, executed on September 10,
1999.

(28) The compact between the State of California and the
Mooretown Rancheria Concow Maidu Tribe, executed on
September 10, 1999.

(29) The compact between the State of California and the Pala
Band of Mission Indians, executed on September 10, 1999.

(30) The compact between the State of California and the
Paskenta Band of Nomlaki Indians, executed on September 10,
1999.

(31) The compact between the State of California and the
Pechanga Band of Luiseno Indians, executed on September 10,
1999.

(32) The compact between the State of California and the
Picayune Rancheria of Chukchansi Indians, executed on September
10, 1999.

(33) The compact between the State of California and the
Quechan Nation, executed on September 10, 1999.

(34) The compact between the State of California and the
Redding Rancheria, executed on September 10, 1999.

(35) The compact between the State of California and the
Rincon, San Luiseno Band of Mission Indians, executed on
September 10, 1999.

(36) The compact between the State of California and the
Rumsey Band of Wintun Indians, executed on September 10, 1999.

(37) The compact between the State of California and the
Robinson Rancheria Band of Pomo Indians, executed on September
10, 1999.

(38) The compact between the State of California and the
Rohnerville Rancheria, executed on September 10, 1999.

(39) The compact between the State of California and the San
Manuel Band of Mission Indians, executed on September 10, 1999.

(40) The compact between the State of California and the San
Pasqual Band of Mission Indians, executed on September 10, 1999.

(41) The compact between the State of California and the Santa
Rosa Rancheria Tachi Tribe, executed on September 10, 1999.

(42) The compact between the State of California and the Santa
Ynez Band of Chumash Indians, executed on September 10, 1999.

(43) The compact between the State of California and the
Sherwood Valley Rancheria Band of Pomo Indians, executed on
September 10, 1999.

(44) The compact between the State of California and the
Shingle Springs Band of Miwok Indians, executed on September
10, 1999.

(45) The compact between the State of California and the Smith
River Rancheria, executed on September 10, 1999.

(46) The compact between the State of California and the
Soboba Band of Mission Indians, executed on September 10, 1999.

(47) The compact between the State of California and the
Susanville Indian Rancheria, executed on September 10, 1999.

(48) The compact between the State of California and the Sycuan
Band of Kumeyaay Indians, executed on September 10, 1999.

(49) The compact between the State of California and the Table
Mountain Rancheria, executed on September 10, 1999.

(50) The compact between the State of California and the
Trinidad Rancheria, executed on September 10, 1999.

(51) The compact between the State of California and the Tule
River Indian Tribe, executed on September 10, 1999.

(52) The compact between the State of California and the
Tuolumne Band of Me-wuk Indians, executed on September 10,
1999.

(53) The compact between the State of California and the
Twenty Nine Palms Band of Mission Indians, executed on
September 10, 1999.

(54) The compact between the State of California and the Tyme
Maidu Tribe, Berry Creek Rancheria, executed on September 10,
1999.

(55) The compact between the State of California and the United
Auburn Indian Community, executed on September 10, 1999.

(56) The compact between the State of California and the Viejas
Band of Kumeyaay Indians, executed on September 10, 1999.

(57) The compact between the State of California and the Coyote
Valley Band of Pomo Indians, executed on September 10, 1999.

(b) Any other tribal-state gaming compact entered into between
the State of California and a federally recognized Indian tribe
which is executed after September 10, 1999, is hereby ratified if
both of the following are true:

(1) The compact is identical is all material respects to any of
the compacts expressly ratified pursuant to subdivision (a). A
compact shall be deemed to be materially identified to a compact
ratified pursuant to subdivision (a) if the Governor certifies it is
materially identical at the time he or she submits it to the
Legislature.

(2) The compact is not rejected by each house of the Legislature,
two-thirds of the membership thereof concurring, within 30 days
of the date of the submission of the compact to the Legislature by
the Governor. However, if the 30-day period ends during a joint
recess of the Legislature, the period shall be extended until the
fifteenth day following the day on which the Legislature
reconvenes.

(c) The Legislature acknowledges the right of federally
recognized Indian tribes to exercise their sovereignty to negotiate
and enter into tribal-state gaming compacts that are materially
different from the compacts ratified pursuant to subdivision (a).
These compacts shall be ratified by a statute approved by each
house of the Legislature, a majority of the members thereof
concurring, and signed by the Governor, unless the statute contains
implementing or other provisions requiring a supermajority vote,
in which case the statute shall be approved in the manner required
by the Constitution.

(d) 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 pursuant to the federal Indian Gaming
Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to 1168, incl., and
25 U.S.C. Sec. 2701 et seq.) for the purpose of authorizing class
III gaming, as defined in that act, on Indian lands within this state.
Nothing in this section shall be construed to deny the existence of
the Governor’s authority to have negotiated and executed
tribal-state gaming compacts prior to the effective date of this
section.

(e) Following completion of negotiations conducted pursuant
to subdivision (b) or (c), 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 for purposes of subdivision (f).

(f) Upon receipt of a statute ratifying a tribal-state compact
negotiated and executed pursuant to subdivision (c), or upon the
expiration of the review period described in subdivision (b), the
Secretary of State shall forward a copy of the executed compact
and the ratifying statute, if applicable, to the Secretary of the
Interior for his or her review and approval, in accordance with
paragraph (8) of subsection (d) of Section 2710 of Title 25 of the
United States Code.

(g) In deference to tribal sovereignty, neither the execution of
a tribal-state gaming compact nor the on-reservation impacts of
compliance with the terms of a tribal-state gaming compact shall
be deemed to constitute a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).

end delete

SEC. 3.  

Section 12012.30 of the Government Code is repealed.

begin delete

12012.30.  

The tribal-state gaming compact entered into in
accordance with the Indian Gaming Regulatory Act of 1988 (18
U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.)
between the State of California and the Torres-Martinez Desert
Cahuilla Indians, executed on August 12, 2003, is hereby ratified.

end delete

SEC. 4.  

Section 12012.35 of the Government Code is repealed.

begin delete

12012.35.  

(a) The tribal-state gaming compact entered into in
accordance with the Indian Gaming Regulatory Act of 1988 (18
U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.)
between the State of California and the La Posta Band of Diegueño
Mission Indians of the La Posta Indian Reservation, California,
executed on September 9, 2003, is hereby ratified.

(b) The tribal-state gaming compact entered into in accordance
with the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs.
1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.) between the
State of California and the Santa Ysabel Band of Diegueño Mission
Indians of the Santa Ysabel Reservation, California, executed on
September 8, 2003, is hereby ratified.

end delete

SEC. 5.  

Section 12012.40 of the Government Code is repealed.

begin delete

12012.40.  

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

(1) The amendment of the compact between the State of
California and the Pala Band of Mission Indians, executed on June
21, 2004.

(2) The amendment of the compact between the State of
California and the Pauma Band of Luiseno Mission Indians of the
Pauma and Yuima Reservation, executed on June 21, 2004.

(3) The amendment of the compact between the State of
California and the Rumsey Band of Wintun Indians, executed on
June 21, 2004.

(4) The amendment of the compact between the State of
California and the United Auburn Indian Community, executed
on June 21, 2004.

(5) The amendment of the compact between the State of
California and the Viejas Band of Kumeyaay Indians, executed
on June 21, 2004.

(b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):

(A) The execution of an amendment of tribal-state gaming
compact ratified by this section.

(B) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, an amended
tribal-state gaming compact ratified by this section.

(C) The on-reservation impacts of compliance with the terms
of an amended tribal-state gaming compact ratified by this section.

(D) The sale of compact assets as defined in subdivision (a) of
Section 63048.6 or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or a city
and county from the requirements of the California Environmental
Quality Act.

end delete

SEC. 6.  

Section 12012.45 of the Government Code is repealed.

begin delete

12012.45.  

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

(1) The amendment of the compact between the State of
California and the Buena Vista Rancheria of Me-Wuk Indians,
executed on August 23, 2004.

(2) The compact between the State of California and the Fort
Mojave Indian Tribe, executed on August 23, 2004.

(3) The compact between the State of California and the Coyote
Valley Band of Pomo Indians, executed on August 23, 2004.

(4) The amendment to the compact between the State of
California and the Ewiiaapaayp Band of Kumeyaay Indians,
executed on August 23, 2004.

(5) The amendment to the compact between the State of
California and the Quechan Tribe of the Fort Yuma Indian
Reservation, executed on June 26, 2006.

(b) The terms of each compact apply only to the State of
California and the tribe that has signed it, and the terms of these
compacts do not bind any tribe that is not a signatory to any of the
compacts. The Legislature acknowledges the right of federally
recognized tribes to exercise their sovereignty to negotiate and
enter into compacts with the state that are materially different from
the compacts ratified pursuant to subdivision (a).

(c) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):

(A) The execution of an amendment of a tribal-state gaming
compact ratified by this section.

(B) The execution of a tribal-state gaming compact ratified by
this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, a tribal-state
gaming compact or an amended tribal-state gaming compact
ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
a tribal-state gaming compact or an amended tribal-state gaming
compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of a tribal-state gaming compact or an amended tribal-state gaming
compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, a city and
county, or the California Department of Transportation from the
requirements of the California Environmental Quality Act.

(d) Revenue contributions made to the state by tribes pursuant
to the tribal-state gaming compacts and amendments of tribal-state
gaming compacts ratified by this section shall be deposited in the
General Fund.

end delete

SEC. 7.  

Section 12012.46 of the Government Code is repealed.

begin delete

12012.46.  

(a) The amendment to the tribal-state gaming
compact entered into in accordance with the Indian Gaming
Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to 1168, incl., and
25 U.S.C. Sec. 2701 et seq.) between the State of California and
the Agua Caliente Band of Cahuilla Indians, executed on August
8, 2006, is hereby ratified.

(b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):

(A) The execution of an amendment to the amended tribal-state
gaming compact ratified by this section.

(B) The execution of the amended tribal-state gaming compact
ratified by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the amended
tribal-state gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the amended tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the amended tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city
and county, or the California Department of Transportation, from
the requirements of the California Environmental Quality Act.

(c) Revenue contributions made to the state by tribes pursuant
to the amended tribal-state gaming compact ratified by this section
shall be deposited in the General Fund.

end delete

SEC. 8.  

Section 12012.465 of the Government Code is
repealed.

begin delete

12012.465.  

The memorandum of agreement entered into
between the State of California and the Agua Caliente Band of
Cahuilla Indians, executed on June 27, 2007, is hereby approved.

end delete

SEC. 9.  

Section 12012.47 of the Government Code is repealed.

begin delete

12012.47.  

(a) The amendment to the tribal-state gaming
compact entered into in accordance with the Indian Gaming
Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to 1168, incl., and
25 U.S.C. Sec. 2701 et seq.) between the State of California and
the San Manuel Band of Mission Indians, executed on August 28,
2006, is hereby ratified.

(b) The terms of the amended compact ratified by this section
shall apply only to the State of California and the tribe that has
signed it, and shall not bind any tribe that is not a signatory to the
amended compact. The Legislature acknowledges the right of
federally recognized tribes to exercise their sovereignty to negotiate
and enter into compacts with the state that are materially different
from the amended compact ratified pursuant to subdivision (a).

(c) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):

(A) The execution of an amendment to the amended tribal-state
gaming compact ratified by this section.

(B) The execution of the amended tribal-state gaming compact
ratified by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the amended
tribal-state gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the amended tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the amended tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city
and county, or the California Department of Transportation, from
the requirements of the California Environmental Quality Act.

(d) Revenue contributions made to the state by tribes pursuant
to the amended tribal-state gaming compact ratified by this section
shall be deposited in the General Fund, or as otherwise provided
in the amended compact.

end delete

SEC. 10.  

Section 12012.475 of the Government Code is
repealed.

begin delete

12012.475.  

The letter of agreement entered into between the
State of California and the San Manuel Band of Mission Indians,
executed on September 5, 2007, is hereby approved.

end delete

SEC. 11.  

Section 12012.48 of the Government Code is
repealed.

begin delete

12012.48.  

(a) The amendment to the tribal-state gaming
compact entered into in accordance with the Indian Gaming
Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to 1168, incl., and
25 U.S.C. Sec. 2701 et seq.) between the State of California and
the Morongo Band of Mission Indians, executed on August 29,
2006, is hereby ratified.

(b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):

(A) The execution of an amendment to the amended tribal-state
gaming compact ratified by this section.

(B) The execution of the amended tribal-state gaming compact
ratified by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the amended
tribal-state gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the amended tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the amended tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city
and county, or the California Department of Transportation, from
the requirements of the California Environmental Quality Act.

(c) Revenue contributions made to the state by tribes pursuant
to the amended tribal-state gaming compact ratified by this section
shall be deposited in the General Fund.

end delete

SEC. 12.  

Section 12012.485 of the Government Code is
repealed.

begin delete

12012.485.  

The memorandum of agreement entered into
between the State of California and the Morongo Band of Mission
Indians, executed on June 27, 2007, is hereby approved.

end delete

SEC. 13.  

Section 12012.49 of the Government Code is
repealed.

begin delete

12012.49.  

(a) The amendment to the tribal-state gaming
compact entered into in accordance with the Indian Gaming
Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to 1168, incl., and
25 U.S.C. Sec. 2701 et seq.) between the State of California and
the Pechanga Band of Luiseño Mission Indians, executed on
August 28, 2006, is hereby ratified.

(b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):

(A) The execution of an amendment to the amended tribal-state
gaming compact ratified by this section.

(B) The execution of the amended tribal-state gaming compact
ratified by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the amended
tribal-state gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the amended tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the amended tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city
and county, or the California Department of Transportation, from
the requirements of the California Environmental Quality Act.

(c) Revenue contributions made to the state by the tribe pursuant
to the amended tribal-state gaming compact ratified by this section
shall be deposited in the General Fund.

end delete

SEC. 14.  

Section 12012.495 of the Government Code is
repealed.

begin delete

12012.495.  

The memorandum of agreement entered into
between the State of California and the Pechanga Band of Luiseño
Indians, executed on June 27, 2007, is hereby approved.

end delete

SEC. 15.  

Section 12012.51 of the Government Code is
repealed.

begin delete

12012.51.  

(a) The amendment to the tribal-state gaming
compact entered into in accordance with the Indian Gaming
Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to 1168, incl., and
25 U.S.C. Sec. 2701 et seq.) between the State of California and
the Sycuan Band of the Kumeyaay Nation, executed on August
30, 2006, is hereby ratified.

(b) The terms of the amended compact ratified by this section
shall apply only to the State of California and the tribe that has
signed it, and shall not bind any tribe that is not a signatory to the
amended compact. The Legislature acknowledges the right of
federally recognized tribes to exercise their sovereignty to negotiate
and enter into compacts with the state that are materially different
from the amended compact ratified pursuant to subdivision (a).

(c) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):

(A) The execution of an amendment to the amended tribal-state
gaming compact ratified by this section.

(B) The execution of the amended tribal-state gaming compact
ratified by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the amended
tribal-state gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the amended tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the amended tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city
and county, or the California Department of Transportation, from
the requirements of the California Environmental Quality Act.

(d) Revenue contributions made to the state by the tribe pursuant
to the amended tribal-state gaming compact ratified by this section
shall be deposited in the General Fund, or as otherwise provided
in the amended compact.

end delete

SEC. 16.  

Section 12012.515 of the Government Code is
repealed.

begin delete

12012.515.  

The memorandum of agreement entered into
between the State of California and the Sycuan Band of the
Kumeyaay Nation, executed on June 27, 2007, is hereby approved.

end delete

SEC. 17.  

Section 12012.52 of the Government Code is
repealed.

begin delete

12012.52.  

(a) The tribal-state gaming compact entered into in
accordance with the Indian Gaming Regulatory Act of 1988 (18
U.S.C. Sec. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.)
between the State of California and the Yurok Tribe of the Yurok
Reservation, executed on August 29, 2006, is hereby ratified.

(b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):

(A) The execution of an amendment of the tribal-state gaming
compact ratified by this section.

(B) The execution of the tribal-state gaming compact ratified
by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the tribal-state
gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city
and county, or the California Department of Transportation, from
the requirements of the California Environmental Quality Act.

(c) Revenue contributions made to the state by the tribe pursuant
to the tribal-state gaming compact ratified by this section shall be
deposited in the General Fund.

end delete

SEC. 18.  

Section 12012.53 of the Government Code is
repealed.

begin delete

12012.53.  

(a) The amendment to the tribal-state gaming
compact entered into in accordance with the Indian Gaming
Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, incl., and
25 U.S.C. Sec. 2701 et seq.) between the State of California and
the Shingle Springs Band of Miwok Indians, executed on June 30,
2008, is hereby ratified.

(b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):

(A) The execution of an amendment to the amended tribal-state
gaming compact ratified by this section.

(B) The execution of the amended tribal-state gaming compact
ratified by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the amended
tribal-state gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the amended tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the amended tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city
and county, or the California Department of Transportation, from
the requirements of the California Environmental Quality Act.

(c) Revenue contributions made to the state by the tribe pursuant
to the tribal-state gaming compact ratified by this section shall be
deposited in the General Fund, except as otherwise provided by
the amended compact or by a statute directing that a portion of the
revenue contributions be deposited in a special fund.

end delete

SEC. 19.  

Section 12012.54 of the Government Code is
repealed.

begin delete

12012.54.  

(a) The tribal-state gaming compact entered into in
accordance with the Indian Gaming Regulatory Act of 1988 (18
U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.)
between the State of California and the Habematolel Pomo of
Upper Lake, executed on March 17, 2011, is hereby ratified.

(b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):

(A) The execution of an amendment to the tribal-state gaming
compact ratified by this section.

(B) The execution of the tribal-state gaming compact ratified
by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the tribal-state
gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city
and county, or the California Department of Transportation, from
the requirements of the California Environmental Quality Act.

end delete

SEC. 20.  

Section 12012.551 of the Government Code is
repealed.

begin delete

12012.551.  

(a) The tribal-state gaming compact entered into
in accordance with the Indian Gaming Regulatory Act of 1988 (18
U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.)
between the State of California and the Pinoleville Pomo Nation,
executed on August 8, 2011, is hereby ratified.

(b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):

(A) The execution of an amendment to the tribal-state gaming
compact ratified by this section.

(B) The execution of the tribal-state gaming compact ratified
by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the tribal-state
gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the Department of Transportation negotiated pursuant
to the express authority of, or as expressly referenced in, the
tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city
and county, or the Department of Transportation, from the
requirements of the California Environmental Quality Act.

end delete

SEC. 21.  

Section 12012.56 of the Government Code is
repealed.

begin delete

12012.56.  

(a) The tribal-state gaming compact entered into in
accordance with the federal Indian Gaming Regulatory Act of
1988 (18 U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701
et seq.) between the State of California and the Federated Indians
of Graton Rancheria, executed on March 27, 2012, is hereby
ratified.

(b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):

(A) The execution of an amendment to the tribal-state gaming
compact ratified by this section.

(B) The execution of the tribal-state gaming compact ratified
by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the tribal-state
gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the Department of Transportation negotiated pursuant
to the express authority of, or as expressly referenced in, the
tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city
and county, or the Department of Transportation, from the
requirements of the California Environmental Quality Act.

end delete

SEC. 22.  

Section 12012.57 of the Government Code is
repealed.

begin delete

12012.57.  

(a) The amendment to the tribal-state gaming
compact entered into in accordance with the federal Indian Gaming
Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, incl., and
25 U.S.C. Sec. 2701 et seq.) between the State of California and
the Coyote Valley Band of Pomo Indians, executed on July 25,
2012, is hereby ratified.

(b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):

(A) The execution of an amendment to the amended tribal-state
gaming compact ratified by this section.

(B) The execution of the amended tribal-state gaming compact
ratified by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the amended
tribal-state gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the Department of Transportation negotiated pursuant
to the express authority of, or as expressly referenced in, the
amended tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the amended tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city
and county, or the Department of Transportation, from the
requirements of the California Environmental Quality Act.

end delete

SEC. 23.  

Section 12012.75 of the Government Code is
repealed.

begin delete

12012.75.  

There is hereby created in the State Treasury a
special fund called the “Indian Gaming Revenue Sharing Trust
Fund” for the receipt and deposit of moneys derived from gaming
device license fees that are paid into the fund pursuant to the terms
of tribal-state gaming compacts for the purpose of making
distributions to noncompact tribes. Moneys in the Indian Gaming
Revenue Sharing Trust Fund shall be available to the California
Gambling Control Commission, upon appropriation by the
Legislature, for the purpose of making distributions to noncompact
tribes, in accordance with distribution plans specified in tribal-state
gaming compacts.

end delete

SEC. 24.  

Section 12012.85 of the Government Code is
repealed.

begin delete

12012.85.  

There is hereby created in the State Treasury a fund
called the “Indian Gaming Special Distribution Fund” for the
receipt and deposit of moneys received by the state from Indian
tribes pursuant to the terms of tribal-state gaming compacts. These
moneys shall be available for appropriation by the Legislature for
the following purposes:

(a) Grants, including any administrative costs, for programs
designed to address gambling addiction.

(b) Grants, including any administrative costs, for the support
of state and local government agencies impacted by tribal
government gaming.

(c) Compensation for regulatory costs incurred by the State
Gaming Agency and the Department of Justice in connection with
the implementation and administration of tribal-state gaming
compacts.

(d) Payment of shortfalls that may occur in the Indian Gaming
Revenue Sharing Trust Fund. This shall be the priority use of
moneys in the Indian Gaming Special Distribution Fund.

(e) Disbursements for the purpose of implementing the terms
of tribal labor relations ordinances promulgated in accordance with
the terms of tribal-state gaming compacts ratified pursuant to
Chapter 874 of the Statutes of 1999. No more than 10 percent of
the funds appropriated in the Budget Act of 2000 for
implementation of tribal labor relations ordinances promulgated
in accordance with those compacts shall be expended in the
selection of the Tribal Labor Panel. The Department of Human
Resources shall consult with and seek input from the parties prior
to any expenditure for purposes of selecting the Tribal Labor Panel.
Other than the cost of selecting the Tribal Labor Panel, there shall
be no further disbursements until the Tribal Labor Panel, which
is selected by mutual agreement of the parties, is in place.

(f) Any other purpose specified by law.

(g) Priority for funding from the Indian Gaming Special
Distribution Fund is in the following descending order:

(1) An appropriation to the Indian Gaming Revenue Sharing
Trust Fund in an aggregate amount sufficient to make payments
of any shortfalls that may occur in the Indian Gaming Revenue
Sharing Trust Fund.

(2) An appropriation to the Office of Problem and Pathological
Gambling within the State Department of Alcohol and Drug
Programs for problem gambling prevention programs.

(3) The amount appropriated in the annual Budget Act for
allocation between the Department of Justice and the California
Gambling Control Commission for regulatory functions that
directly relates to Indian gaming.

(4) An appropriation for the support of local government
agencies impacted by tribal gaming.

end delete

SEC. 25.  

Section 12012.90 of the Government Code is
repealed.

begin delete

12012.90.  

(a) (1) For each fiscal year commencing with the
2002-03 fiscal year to the 2004-05 fiscal year, inclusive, the
California Gambling Control Commission shall determine the
aggregate amount of shortfalls in payments that occurred in the
Indian Gaming Revenue Sharing Trust Fund pursuant to Section
4.3.2.1 of the tribal-state gaming compacts ratified and in effect
as provided in subdivision (f) of Section 19 of Article IV of the
California Constitution as determined below:

(A) For each eligible recipient Indian tribe that received money
for all four quarters of the fiscal year, the difference between one
million one hundred thousand dollars ($1,100,000) and the actual
amount paid to each eligible recipient Indian tribe during the fiscal
year from the Indian Gaming Revenue Sharing Trust Fund.

(B) For each eligible recipient Indian tribe that received moneys
for less than four quarters of the fiscal year, the difference between
two hundred seventy-five thousand dollars ($275,000) for each
quarter in the fiscal year that a recipient Indian tribe was eligible
to receive moneys and the actual amount paid to each eligible
recipient Indian tribe during the fiscal year from the Indian Gaming
Revenue Sharing Trust Fund.

(2) For purposes of this section, “eligible recipient Indian tribe”
means a noncompact tribe, as defined in Section 4.3.2(a)(i) of the
tribal-state gaming compacts ratified and in effect as provided in
subdivision (f) of Section 19 of Article IV of the California
Constitution.

(b) The California Gambling Control Commission shall provide
to the committee in the Senate and Assembly that considers the
State Budget an estimate of the amount needed to backfill the
Indian Gaming Revenue Sharing Trust Fund on or before the date
of the May budget revision for each fiscal year.

(c) An eligible recipient Indian tribe may not receive an amount
from the backfill appropriated following the estimate made
pursuant to subdivision (b) that would give the eligible recipient
Indian tribe an aggregate amount in excess of two hundred
seventy-five thousand dollars ($275,000) per eligible quarter. Any
funds transferred from the Indian Gaming Special Distribution
Fund to the Indian Gaming Revenue Sharing Trust Fund that result
in a surplus shall revert back to the Indian Gaming Special
Distribution Fund following the authorization of the final payment
of the fiscal year.

(d) Upon a transfer of moneys from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust
Fund and appropriation from the trust fund, the California
Gambling Control Commission shall distribute the moneys without
delay to eligible recipient Indian tribes for each quarter that a tribe
was eligible to receive a distribution during the fiscal year
immediately preceding.

(e) For each fiscal year commencing with the 2005-06 fiscal
year, all of the following shall apply and subdivisions (b) to (d),
inclusive, shall not apply:

(1) On or before the day of the May budget revision for each
fiscal year, the California Gambling Control Commission shall
determine the anticipated total amount of shortfalls in payment
likely to occur in the Indian Gaming Revenue Sharing Trust Fund
for the upcoming fiscal year, and shall provide to the committee
in the Senate and Assembly that considers the State Budget an
estimate of the amount needed to transfer from the Indian Gaming
Special Distribution Fund to backfill the Indian Gaming Revenue
Sharing Trust Fund for the next fiscal year. The anticipated total
amount of shortfalls to be transferred from the Indian Gaming
Special Distribution Fund to the Indian Gaming Revenue Sharing
Trust Fund shall be determined by the California Gambling Control
Commission as follows:

(A) The anticipated number of eligible recipient tribes that will
be eligible to receive payments for the next fiscal year, multiplied
by one million one hundred thousand dollars ($1,100,000), with
that product reduced by the amount anticipated to be paid by the
tribes directly into the Indian Gaming Revenue Sharing Trust Fund
for the fiscal year.

(B) This amount shall be based upon actual payments received
into the Indian Gaming Revenue Sharing Trust Fund the previous
fiscal year, with adjustments made due to amendments to existing
tribal-state compacts or newly executed tribal-state compacts with
respect to payments to be made to the Indian Gaming Revenue
Sharing Trust Fund.

(2) The Legislature shall transfer from the Indian Gaming
Special Distribution Fund to the Indian Gaming Revenue Sharing
Trust Fund an amount sufficient for each eligible recipient tribe
to receive a total not to exceed two hundred seventy-five thousand
dollars ($275,000) for each quarter in the upcoming fiscal year an
eligible recipient tribe is eligible to receive moneys, for a total not
to exceed one million, one hundred thousand dollars ($1,100,000)
for the entire fiscal year. The California Gambling Control
Commission shall make quarterly payments from the Indian
Gaming Revenue Sharing Trust Fund to each eligible recipient
Indian tribe within 45 days of the end of each fiscal quarter.

(3) If the transfer of funds from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust
Fund results in a surplus, the funds shall remain in the Indian
Gaming Revenue Sharing Trust Fund for disbursement in future
years, and if necessary, adjustments shall be made to future
distributions from the Indian Gaming Special Distribution Fund
to the Revenue Sharing Trust Fund.

(4) In the event the amount appropriated for the fiscal year is
insufficient to ensure each eligible recipient tribe receives the total
of two hundred seventy-five thousand dollars ($275,000) for each
fiscal quarter, the Department of Finance, after consultation with
the California Gambling Control Commission, shall submit to the
Legislature a request for a budget augmentation for the current
fiscal year with an explanation as to the reason why the amount
appropriated for the fiscal year was insufficient.

(5) At the end of each fiscal quarter, the California Gambling
Control Commission’s Indian Gaming Revenue Sharing Trust
Fund report shall include information that identifies each of the
eligible recipient tribes eligible to receive a distribution for that
fiscal quarter, the amount paid into the Indian Gaming Revenue
Sharing Trust Fund by each of the tribes pursuant to the applicable
sections of the tribal-state compact, and the amount necessary to
backfill from the Indian Gaming Special Distribution Fund the
shortfall in the Indian Gaming Revenue Sharing Trust Fund in
order for each eligible recipient tribe to receive the total of two
hundred seventy-five thousand dollars ($275,000) for the fiscal
quarter.

(6) Based upon the projected shortfall in the Indian Gaming
Revenue Sharing Trust Fund, for the 2005-06 fiscal year, the sum
of fifty million dollars ($50,000,000) is hereby transferred from
the Indian Gaming Special Distribution Fund to the Indian Gaming
Revenue Sharing Trust Fund and is hereby appropriated from that
fund to the California Gambling Control Commission for
distribution to each eligible recipient tribe pursuant to this section.

end delete

SEC. 26.  

Chapter 7.5 (commencing with Section 12710) of
Part 2 of Division 3 of Title 2 of the Government Code is repealed.

SEC. 27.  

Title 16.5 (commencing with Section 98020) is added
to the Government Code, to read:

 

Title 16.5.  Tribal Gaming

 

Chapter  1. Compact Ratification

 

98020.  

(a) The following tribal-state compacts entered in
accordance with the Indian Gaming Regulatory Act of 1988 (18
U.S.C. Sec. 1166 et seq. and 25 U.S.C. Sec. 2701 et seq.) are
hereby ratified:

(1) The compact between the State of California and the Barona
Band of Mission Indians, executed on August 12, 1998.

(2) The compact between the State of California and the Big
Sandy Rancheria of Mono Indians, executed on July 20, 1998.

(3) The compact between the State of California and the Cher-Ae
Heights Indian Community of Trinidad Rancheria, executed on
July 13, 1998.

(4) The compact between the State of California and the Jackson
Rancheria Band of Miwuk Indians, executed on July 13, 1998.

(5) The compact between the State of California and the
Mooretown Rancheria of Concow/Maidu Indians, executed on
July 13, 1998.

(6) The compact between the State of California and the Pala
Band of Mission Indians, as approved by the Secretary of the
Interior on April 25, 1998.

(7) The compact between the State of California and the Redding
Rancheria, executed on August 11, 1998.

(8) The compact between the State of California and the Rumsey
Indian Rancheria of Wintun Indians of California, executed on
July 13, 1998.

(9) The compact between the State of California and the Sycuan
Band of Mission Indians, executed on August 12, 1998.

(10) The compact between the State of California and the Table
Mountain Rancheria, executed on July 13, 1998.

(11) The compact between the State of California and the Viejas
Band of Kumeyaay Indians, executed on or about August 17, 1998.

The terms of each compact apply only to the State of California
and the tribe that has signed it, and the terms of these compacts
do not bind any tribe that is not a signatory to any of the compacts.

(b) Any other compact entered into between the State of
California and any other federally recognized Indian tribe which
is executed after August 24, 1998, is hereby ratified if (1) the
compact is identical in all material respects to any of the compacts
ratified pursuant to subdivision (a), and (2) the compact is not
rejected by each house of the Legislature, two-thirds of the
membership thereof concurring, within 30 days of the date of the
submission of the compact to the Legislature by the Governor.
However, if the 30-day period ends during a joint recess of the
Legislature, the period shall be extended until the fifteenth day
following the day on which the Legislature reconvenes. A compact
will be deemed to be materially identical to a compact ratified
pursuant to subdivision (a) if the Governor certifies that it is
materially identical at the time he or she submits it to the
Legislature.

(c) The Legislature acknowledges the right of federally
recognized tribes to exercise their sovereignty to negotiate and
enter into compacts with the state that are materially different from
the compacts ratified pursuant to subdivision (a). These compacts
shall be ratified upon approval of each house of the Legislature, a
majority of the membership thereof concurring.

(d) 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 in the State of
California pursuant to the federal Indian Gaming Regulatory Act
of 1988 (18 U.S.C. Sec. 1166 et seq. and 25 U.S.C. Sec. 2701 et
seq.) for the purpose of authorizing class III gaming, as defined
in that act, on Indian lands. This section does not deny the existence
of the Governor’s authority to have negotiated and executed
tribal-state compacts prior to March 8, 2000.

(e) The Governor is authorized to waive the state’s immunity
to suit in federal court in connection with any compact negotiated
with an Indian tribe or any action brought by an Indian tribe under
the Indian Gaming Regulatory Act (18 U.S.C. Sec. 1166 et seq.
and 25 U.S.C. Sec. 2701 et seq.).

(f) In deference to tribal sovereignty, the execution of, and
compliance with the terms of, any compact specified under
subdivision (a) or (b) does not constitute a project for purposes of
the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code).

(g) This section does not authorize the unilateral imposition of
a statewide limit on the number of lottery devices or of any
allocation system for lottery devices on any Indian tribe that has
not entered into a compact that provides for such a limit or
allocation system. Each tribe may negotiate separately with the
state over these matters on a government-to-government basis.

98021.  

(a) The following tribal-state gaming compacts entered
into in accordance with the Indian Gaming Regulatory Act of 1988
(18 U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et
seq.) are hereby ratified:

(1) The compact between the State of California and the Alturas
Rancheria, executed on September 10, 1999.

(2) The compact between the State of California and the Barona
Band of Mission Indians, executed on September 10, 1999.

(3) The compact between the State of California and the Big
Sandy Rancheria Band of Mono Indians, executed on September
10, 1999.

(4) The compact between the State of California and the Big
Valley Rancheria, executed on September 10, 1999.

(5) The compact between the State of California and the Bishop
Paiute Tribe, executed on September 10, 1999.

(6) The compact between the State of California and the Blue
Lake Rancheria, executed on September 10, 1999.

(7) The compact between the State of California and the Buena
Vista Band of Me-wuk Indians, executed on September 10, 1999.

(8) The compact between the State of California and the
Cabazon Band of Mission Indians, executed on September 10,
1999.

(9) The compact between the State of California and the Cahto
Tribe of Laytonville, executed on September 10, 1999.

(10) The compact between the State of California and the
Cahuilla Band of Mission Indians, executed on September 10,
1999.

(11) The compact between the State of California and the Campo
Band of Mission Indians, executed on September 10, 1999.

(12) The compact between the State of California and the
Chemehuevi Indian Tribe, executed on September 10, 1999.

(13) The compact between the State of California and the
Chicken Ranch Rancheria, executed on September 10, 1999.

(14) The compact between the State of California and the Coast
Indian Community of the Resighini Rancheria, executed on
September 10, 1999.

(15) The compact between the State of California and the Colusa
Indian Community, executed on September 10, 1999.

(16) The compact between the State of California and the Dry
Creek Rancheria Band of Pomo Indians, executed on September
10, 1999.

(17) The compact between the State of California and the Elk
Valley Rancheria, executed on September 10, 1999.

(18) The compact between the State of California and the
Ewiiaapaayp Band of Kumeyaay, executed on September 10, 1999.

(19) The compact between the State of California and the Hoopa
Valley Tribe, executed on September 10, 1999.

(20) The compact between the State of California and the
Hopland Band of Pomo Indians, executed on September 10, 1999.

(21) The compact between the State of California and the
Jackson Band of Mi-Wuk Indians, executed on September 10,
1999.

(22) The compact between the State of California and the Jamul
Indian Reservation, executed on September 10, 1999.

(23) The compact between the State of California and the La
Jolla Indian Reservation, executed on September 10, 1999.

(24) The compact between the State of California and the
Manzanita Tribe of Kumeyaay Indians, executed on September
10, 1999.

(25) The compact between the State of California and the Mesa
Grande Band of Mission Indians, executed on September 10, 1999.

(26) The compact between the State of California and the
Middletown Rancheria Band of Pomo Indians, executed on
September 10, 1999.

(27) The compact between the State of California and the
Morongo Band of Mission Indians, executed on September 10,
1999.

(28) The compact between the State of California and the
Mooretown Rancheria Concow Maidu Tribe, executed on
September 10, 1999.

(29) The compact between the State of California and the Pala
Band of Mission Indians, executed on September 10, 1999.

(30) The compact between the State of California and the
Paskenta Band of Nomlaki Indians, executed on September 10,
1999.

(31) The compact between the State of California and the
Pechanga Band of Luiseno Indians, executed on September 10,
1999.

(32) The compact between the State of California and the
Picayune Rancheria of Chukchansi Indians, executed on September
10, 1999.

(33) The compact between the State of California and the
Quechan Nation, executed on September 10, 1999.

(34) The compact between the State of California and the
Redding Rancheria, executed on September 10, 1999.

(35) The compact between the State of California and the
Rincon, San Luiseno Band of Mission Indians, executed on
September 10, 1999.

(36) The compact between the State of California and the
Rumsey Band of Wintun Indians, executed on September 10, 1999.

(37) The compact between the State of California and the
Robinson Rancheria Band of Pomo Indians, executed on September
10, 1999.

(38) The compact between the State of California and the
Rohnerville Rancheria, executed on September 10, 1999.

(39) The compact between the State of California and the San
Manuel Band of Mission Indians, executed on September 10, 1999.

(40) The compact between the State of California and the San
Pasqual Band of Mission Indians, executed on September 10, 1999.

(41) The compact between the State of California and the Santa
Rosa Rancheria Tachi Tribe, executed on September 10, 1999.

(42) The compact between the State of California and the Santa
Ynez Band of Chumash Indians, executed on September 10, 1999.

(43) The compact between the State of California and the
Sherwood Valley Rancheria Band of Pomo Indians, executed on
September 10, 1999.

(44) The compact between the State of California and the
Shingle Springs Band of Miwok Indians, executed on September
10, 1999.

(45) The compact between the State of California and the Smith
River Rancheria, executed on September 10, 1999.

(46) The compact between the State of California and the
Soboba Band of Mission Indians, executed on September 10, 1999.

(47) The compact between the State of California and the
Susanville Indian Rancheria, executed on September 10, 1999.

(48) The compact between the State of California and the Sycuan
Band of Kumeyaay Indians, executed on September 10, 1999.

(49) The compact between the State of California and the Table
Mountain Rancheria, executed on September 10, 1999.

(50) The compact between the State of California and the
Trinidad Rancheria, executed on September 10, 1999.

(51) The compact between the State of California and the Tule
River Indian Tribe, executed on September 10, 1999.

(52) The compact between the State of California and the
Tuolumne Band of Me-wuk Indians, executed on September 10,
1999.

(53) The compact between the State of California and the
Twenty Nine Palms Band of Mission Indians, executed on
September 10, 1999.

(54) The compact between the State of California and the Tyme
Maidu Tribe, Berry Creek Rancheria, executed on September 10,
1999.

(55) The compact between the State of California and the United
Auburn Indian Community, executed on September 10, 1999.

(56) The compact between the State of California and the Viejas
Band of Kumeyaay Indians, executed on September 10, 1999.

(57) The compact between the State of California and the Coyote
Valley Band of Pomo Indians, executed on September 10, 1999.

(b) Any other tribal-state gaming compact entered into between
the State of California and a federally recognized Indian tribe that
is executed after September 10, 1999, is hereby ratified if both of
the following are true:

(1) The compact is identical in all material respects to any of
the compacts expressly ratified pursuant to subdivision (a). A
compact shall be deemed to be materially identical to a compact
ratified pursuant to subdivision (a) if the Governor certifies it is
materially identical at the time he or she submits it to the
Legislature.

(2) The compact is not rejected by each house of the Legislature,
two-thirds of the membership thereof concurring, within 30 days
of the date of the submission of the compact to the Legislature by
the Governor. However, if the 30-day period ends during a joint
recess of the Legislature, the period shall be extended until the
fifteenth day following the day on which the Legislature
reconvenes.

(c) The Legislature acknowledges the right of federally
recognized Indian tribes to exercise their sovereignty to negotiate
and enter into tribal-state gaming compacts that are materially
different from the compacts ratified pursuant to subdivision (a).
These compacts shall be ratified by a statute approved by each
house of the Legislature, a majority of the members thereof
concurring, and signed by the Governor, unless the statute contains
implementing or other provisions requiring a supermajority vote,
in which case the statute shall be approved in the manner required
by the Constitution.

(d) 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 pursuant to the federal Indian Gaming
Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, incl., and
25 U.S.C. Sec. 2701 et seq.) for the purpose of authorizing class
III gaming, as defined in that act, on Indian lands within this state.
This section does not deny the existence of the Governor’s
authority to have negotiated and executed tribal-state gaming
compacts prior to January 1, 2000.

(e) Following completion of negotiations conducted pursuant
to subdivision (b) or (c), 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 for purposes of subdivision (f).

(f) Upon receipt of a statute ratifying a tribal-state compact
negotiated and executed pursuant to subdivision (c), or upon the
expiration of the review period described in subdivision (b), the
Secretary of State shall forward a copy of the executed compact
and the ratifying statute, if applicable, to the Secretary of the
Interior for his or her review and approval, in accordance with
paragraph (8) of subsection (d) of Section 2710 of Title 25 of the
United States Code.

(g) In deference to tribal sovereignty, neither the execution of
a tribal-state gaming compact nor the on-reservation impacts of
compliance with the terms of a tribal-state gaming compact
constitutes a project for purposes of the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of
the Public Resources Code).

98022.  

The tribal-state gaming compact entered into in
accordance with the Indian Gaming Regulatory Act of 1988 (18
U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.)
between the State of California and the Torres-Martinez Desert
Cahuilla Indians, executed on August 12, 2003, is hereby ratified.

98023.  

(a) The tribal-state gaming compact entered into in
accordance with the Indian Gaming Regulatory Act of 1988 (18
U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.)
between the State of California and the La Posta Band of Diegueño
Mission Indians of the La Posta Indian Reservation, California,
executed on September 9, 2003, is hereby ratified.

(b) The tribal-state gaming compact entered into in accordance
with the Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs.
1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.) between the
State of California and the Santa Ysabel Band of Diegueño Mission
Indians of the Santa Ysabel Reservation, California, executed on
September 8, 2003, is hereby ratified.

98024.  

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

(1) The amendment of the compact between the State of
California and the Pala Band of Mission Indians, executed on June
21, 2004.

(2) The amendment of the compact between the State of
California and the Pauma Band of Luiseno Mission Indians of the
Pauma and Yuima Reservation, executed on June 21, 2004.

(3) The amendment of the compact between the State of
California and the Rumsey Band of Wintun Indians, executed on
June 21, 2004.

(4) The amendment of the compact between the State of
California and the United Auburn Indian Community, executed
on June 21, 2004.

(5) The amendment of the compact between the State of
California and the Viejas Band of Kumeyaay Indians, executed
on June 21, 2004.

(b) (1) In deference to tribal sovereignty, none of the following
is a project for purposes of the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code):

(A) The execution of an amendment of tribal-state gaming
compact ratified by this section.

(B) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, an amended
tribal-state gaming compact ratified by this section.

(C) The on-reservation impacts of compliance with the terms
of an amended tribal-state gaming compact ratified by this section.

(D) The sale of compact assets as defined in subdivision (a) of
Section 63048.6 or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided in this section, this subdivision
does not exempt a city, county, or a city and county from the
requirements of the California Environmental Quality Act.

98025.  

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

(1) The amendment of the compact between the State of
California and the Buena Vista Rancheria of Me-Wuk Indians,
executed on August 23, 2004.

(2) The compact between the State of California and the Fort
Mojave Indian Tribe, executed on August 23, 2004.

(3) The compact between the State of California and the Coyote
Valley Band of Pomo Indians, executed on August 23, 2004.

(4) The amendment to the compact between the State of
California and the Ewiiaapaayp Band of Kumeyaay Indians,
executed on August 23, 2004.

(5) The amendment to the compact between the State of
California and the Quechan Tribe of the Fort Yuma Indian
Reservation, executed on June 26, 2006.

(b) The terms of each compact apply only to the State of
California and the tribe that has signed it, and the terms of these
compacts do not bind any tribe that is not a signatory to any of the
compacts. The Legislature acknowledges the right of federally
recognized tribes to exercise their sovereignty to negotiate and
enter into compacts with the state that are materially different from
the compacts ratified pursuant to subdivision (a).

(c) (1) In deference to tribal sovereignty, none of the following
is a project for purposes of the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code):

(A) The execution of an amendment of a tribal-state gaming
compact ratified by this section.

(B) The execution of a tribal-state gaming compact ratified by
this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, a tribal-state
gaming compact or an amended tribal-state gaming compact
ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
a tribal-state gaming compact or an amended tribal-state gaming
compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of a tribal-state gaming compact or an amended tribal-state gaming
compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided in this section, this subdivision
does not exempt a city, county, a city and county, or the California
Department of Transportation from the requirements of the
California Environmental Quality Act.

(d) Revenue contributions made to the state by tribes pursuant
to the tribal-state gaming compacts and amendments of tribal-state
gaming compacts ratified by this section shall be deposited in the
General Fund.

98026.  

(a) The amendment to the tribal-state gaming compact
entered into in accordance with the Indian Gaming Regulatory Act
of 1988 (18 U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C. Sec.
2701 et seq.) between the State of California and the Agua Caliente
Band of Cahuilla Indians, executed on August 8, 2006, is hereby
ratified.

(b) (1) In deference to tribal sovereignty, none of the following
is a project for purposes of the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code):

(A) The execution of an amendment to the amended tribal-state
gaming compact ratified by this section.

(B) The execution of the amended tribal-state gaming compact
ratified by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the amended
tribal-state gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the amended tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the amended tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided in this section, this subdivision
does not exempt a city, county, or city and county, or the California
Department of Transportation, from the requirements of the
California Environmental Quality Act.

(c) Revenue contributions made to the state by tribes pursuant
to the amended tribal-state gaming compact ratified by this section
shall be deposited in the General Fund.

98027.  

The memorandum of agreement entered into between
the State of California and the Agua Caliente Band of Cahuilla
Indians, executed on June 27, 2007, is hereby approved.

98028.  

(a) The amendment to the tribal-state gaming compact
entered into in accordance with the Indian Gaming Regulatory Act
of 1988 (18 U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C. Sec.
2701 et seq.) between the State of California and the San Manuel
Band of Mission Indians, executed on August 28, 2006, is hereby
ratified.

(b) The terms of the amended compact ratified by this section
shall apply only to the State of California and the tribe that has
signed it, and shall not bind any tribe that is not a signatory to the
amended compact. The Legislature acknowledges the right of
federally recognized tribes to exercise their sovereignty to negotiate
and enter into compacts with the state that are materially different
from the amended compact ratified pursuant to subdivision (a).

(c) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):

(A) The execution of an amendment to the amended tribal-state
gaming compact ratified by this section.

(B) The execution of the amended tribal-state gaming compact
ratified by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the amended
tribal-state gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the amended tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the amended tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided in this section, this subdivision
does not exempt a city, county, or city and county, or the California
Department of Transportation, from the requirements of the
California Environmental Quality Act.

(d) Revenue contributions made to the state by tribes pursuant
to the amended tribal-state gaming compact ratified by this section
shall be deposited in the General Fund, or as otherwise provided
in the amended compact.

98029.  

The letter of agreement entered into between the State
of California and the San Manuel Band of Mission Indians,
executed on September 5, 2007, is hereby approved.

98030.  

(a) The amendment to the tribal-state gaming compact
entered into in accordance with the Indian Gaming Regulatory Act
of 1988 (18 U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C. Sec.
2701 et seq.) between the State of California and the Morongo
Band of Mission Indians, executed on August 29, 2006, is hereby
ratified.

(b) (1) In deference to tribal sovereignty, none of the following
is a project for purposes of the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code):

(A) The execution of an amendment to the amended tribal-state
gaming compact ratified by this section.

(B) The execution of the amended tribal-state gaming compact
ratified by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the amended
tribal-state gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the amended tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the amended tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided in this section, this subdivision
does not exempt a city, county, or city and county, or the California
Department of Transportation, from the requirements of the
California Environmental Quality Act.

(c) Revenue contributions made to the state by tribes pursuant
to the amended tribal-state gaming compact ratified by this section
shall be deposited in the General Fund.

98031.  

The memorandum of agreement entered into between
the State of California and the Morongo Band of Mission Indians,
executed on June 27, 2007, is hereby approved.

98032.  

(a) The amendment to the tribal-state gaming compact
entered into in accordance with the Indian Gaming Regulatory Act
of 1988 (18 U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C. Sec.
2701 et seq.) between the State of California and the Pechanga
Band of Luiseño Mission Indians, executed on August 28, 2006,
is hereby ratified.

(b) (1) In deference to tribal sovereignty, none of the following
is a project for purposes of the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code):

(A) The execution of an amendment to the amended tribal-state
gaming compact ratified by this section.

(B) The execution of the amended tribal-state gaming compact
ratified by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the amended
tribal-state gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the amended tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the amended tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided in this section, this subdivision
does not exempt a city, county, or city and county, or the California
Department of Transportation, from the requirements of the
California Environmental Quality Act.

(c) Revenue contributions made to the state by the tribe pursuant
to the amended tribal-state gaming compact ratified by this section
shall be deposited in the General Fund.

98033.  

The memorandum of agreement entered into between
the State of California and the Pechanga Band of Luiseño Indians,
executed on June 27, 2007, is hereby approved.

98034.  

(a) The amendment to the tribal-state gaming compact
entered into in accordance with the Indian Gaming Regulatory Act
of 1988 (18 U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C. Sec.
2701 et seq.) between the State of California and the Sycuan Band
of the Kumeyaay Nation, executed on August 30, 2006, is hereby
ratified.

(b) The terms of the amended compact ratified by this section
shall apply only to the State of California and the tribe that has
signed it, and shall not bind any tribe that is not a signatory to the
amended compact. The Legislature acknowledges the right of
federally recognized tribes to exercise their sovereignty to negotiate
and enter into compacts with the state that are materially different
from the amended compact ratified pursuant to subdivision (a).

(c) (1) In deference to tribal sovereignty, none of the following
is a project for purposes of the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code):

(A) The execution of an amendment to the amended tribal-state
gaming compact ratified by this section.

(B) The execution of the amended tribal-state gaming compact
ratified by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the amended
tribal-state gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the amended tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the amended tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided in this section, this subdivision
does not exempt a city, county, or city and county, or the California
Department of Transportation, from the requirements of the
California Environmental Quality Act.

(d) Revenue contributions made to the state by the tribe pursuant
to the amended tribal-state gaming compact ratified by this section
shall be deposited in the General Fund, or as otherwise provided
in the amended compact.

98035.  

The memorandum of agreement entered into between
the State of California and the Sycuan Band of the Kumeyaay
Nation, executed on June 27, 2007, is hereby approved.

98036.  

(a) The tribal-state gaming compact entered into in
accordance with the Indian Gaming Regulatory Act of 1988 (18
U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.)
between the State of California and the Yurok Tribe of the Yurok
Reservation, executed on August 29, 2006, is hereby ratified.

(b) (1) In deference to tribal sovereignty, none of the following
is a project for purposes of the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code):

(A) The execution of an amendment of the tribal-state gaming
compact ratified by this section.

(B) The execution of the tribal-state gaming compact ratified
by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the tribal-state
gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided in this section, this subdivision
does not exempt a city, county, or city and county, or the California
Department of Transportation, from the requirements of the
California Environmental Quality Act.

(c) Revenue contributions made to the state by the tribe pursuant
to the tribal-state gaming compact ratified by this section shall be
deposited in the General Fund.

98037.  

(a) The amendment to the tribal-state gaming compact
entered into in accordance with the Indian Gaming Regulatory Act
of 1988 (18 U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C. Sec.
2701 et seq.) between the State of California and the Shingle
Springs Band of Miwok Indians, executed on June 30, 2008, is
hereby ratified.

(b) (1) In deference to tribal sovereignty, none of the following
is a project for purposes of the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code):

(A) The execution of an amendment to the amended tribal-state
gaming compact ratified by this section.

(B) The execution of the amended tribal-state gaming compact
ratified by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the amended
tribal-state gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the amended tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the amended tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided in this section, this subdivision
does not exempt a city, county, or city and county, or the California
Department of Transportation, from the requirements of the
California Environmental Quality Act.

(c) Revenue contributions made to the state by the tribe pursuant
to the tribal-state gaming compact ratified by this section shall be
deposited in the General Fund, except as otherwise provided by
the amended compact or by a statute directing that a portion of the
revenue contributions be deposited in a special fund.

98038.  

(a) The tribal-state gaming compact entered into in
accordance with the Indian Gaming Regulatory Act of 1988 (18
U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.)
between the State of California and the Habematolel Pomo of
Upper Lake, executed on March 17, 2011, is hereby ratified.

(b) (1) In deference to tribal sovereignty, none of the following
is a project for purposes of the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code):

(A) The execution of an amendment to the tribal-state gaming
compact ratified by this section.

(B) The execution of the tribal-state gaming compact ratified
by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the tribal-state
gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided in this section, this subdivision
does not exempt a city, county, or city and county, or the California
Department of Transportation, from the requirements of the
California Environmental Quality Act.

98039.  

(a) The tribal-state gaming compact entered into in
accordance with the Indian Gaming Regulatory Act of 1988 (18
U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.)
between the State of California and the Pinoleville Pomo Nation,
executed on August 8, 2011, is hereby ratified.

(b) (1) In deference to tribal sovereignty, none of the following
is a project for purposes of the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code):

(A) The execution of an amendment to the tribal-state gaming
compact ratified by this section.

(B) The execution of the tribal-state gaming compact ratified
by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the tribal-state
gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the Department of Transportation negotiated pursuant
to the express authority of, or as expressly referenced in, the
tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided in this section, this subdivision
does not exempt a city, county, or city and county, or the
Department of Transportation, from the requirements of the
California Environmental Quality Act.

98040.  

(a) The tribal-state gaming compact entered into in
accordance with the federal Indian Gaming Regulatory Act of
1988 (18 U.S.C. Secs. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701
et seq.) between the State of California and the Federated Indians
of Graton Rancheria, executed on March 27, 2012, is hereby
ratified.

(b) (1) In deference to tribal sovereignty, none of the following
is a project for purposes of the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code):

(A) The execution of an amendment to the tribal-state gaming
compact ratified by this section.

(B) The execution of the tribal-state gaming compact ratified
by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the tribal-state
gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the Department of Transportation negotiated pursuant
to the express authority of, or as expressly referenced in, the
tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided in this section, this subdivision
does not exempt a city, county, or city and county, or the
Department of Transportation, from the requirements of the
California Environmental Quality Act.

98041.  

(a) The amendment to the tribal-state gaming compact
entered into in accordance with the federal Indian Gaming
Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, incl., and
25 U.S.C. Sec. 2701 et seq.) between the State of California and
the Coyote Valley Band of Pomo Indians, executed on July 25,
2012, is hereby ratified.

(b) (1) In deference to tribal sovereignty, none of the following
is a project for purposes of the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code):

(A) The execution of an amendment to the amended tribal-state
gaming compact ratified by this section.

(B) The execution of the amended tribal-state gaming compact
ratified by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the amended
tribal-state gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the Department of Transportation negotiated pursuant
to the express authority of, or as expressly referenced in, the
amended tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the amended tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided in this section, this subdivision
does not exempt a city, county, or city and county, or the
Department of Transportation, from the requirements of the
California Environmental Quality Act.

 

Chapter  2. Tribal Gaming Revenue

 

98070.  

There is hereby created in the State Treasury a special
fund entitled the “Indian Gaming Revenue Sharing Trust Fund”
for the receipt and deposit of moneys derived from gaming device
license fees that are paid into the fund pursuant to the terms of
tribal-state gaming compacts for the purpose of making
distributions to noncompact tribes. Moneys in the Indian Gaming
Revenue Sharing Trust Fund are available to the California
Gambling Control Commission, upon appropriation by the
Legislature, for the purpose of making distributions to noncompact
tribes, in accordance with distribution plans specified in tribal-state
gaming compacts.

98071.  

There is hereby created in the State Treasury a fund
entitled the “Indian Gaming Special Distribution Fund” for the
receipt and deposit of moneys received by the state from Indian
tribes pursuant to the terms of tribal-state gaming compacts. These
moneys are available for appropriation by the Legislature for the
following purposes:

(a) Grants, including any administrative costs, for programs
designed to address gambling addiction.

(b) Grants, including any administrative costs, for the support
of state and local government agencies impacted by tribal
government gaming.

(c) Compensation for regulatory costs incurred by the State
Gaming Agency and the Department of Justice in connection with
the implementation and administration of tribal-state gaming
compacts.

(d) Payment of shortfalls that may occur in the Indian Gaming
Revenue Sharing Trust Fund. This shall be the priority use of
moneys in the Indian Gaming Special Distribution Fund.

(e) Disbursements for the purpose of implementing the terms
of tribal labor relations ordinances promulgated in accordance with
the terms of tribal-state gaming compacts ratified pursuant to
Chapter 874 of the Statutes of 1999. No more than 10 percent of
the funds appropriated in the Budget Act of 2000 for
implementation of tribal labor relations ordinances promulgated
in accordance with those compacts shall be expended in the
selection of the Tribal Labor Panel. The Department of Human
Resources shall consult with, and seek input from, the parties prior
to any expenditure for purposes of selecting the Tribal Labor Panel.
Other than the cost of selecting the Tribal Labor Panel, there shall
be no further disbursements until the Tribal Labor Panel, which
is selected by mutual agreement of the parties, is in place.

(f) Any other purpose specified by law.

(g) Priority for funding from the Indian Gaming Special
Distribution Fund is in the following descending order:

(1) An appropriation to the Indian Gaming Revenue Sharing
Trust Fund in an aggregate amount sufficient to make payments
of any shortfalls that may occur in the Indian Gaming Revenue
Sharing Trust Fund.

(2) An appropriation to the Office of Problem and Pathological
Gambling within the State Department of Alcohol and Drug
Programs for problem gambling prevention programs.

(3) The amount appropriated in the annual Budget Act for
allocation between the Department of Justice and the California
Gambling Control Commission for regulatory functions that
directly relate to Indian gaming.

(4) An appropriation for the support of local government
agencies impacted by tribal gaming.

98072.  

(a) For purposes of this section, “eligible recipient
Indian tribe” means a noncompact tribe, as defined in Section
4.3.2(a)(i) of the tribal-state gaming compacts ratified and in effect
as provided in subdivision (f) of Section 19 of Article IV of the
California Constitution.

(b) The California Gambling Control Commission shall provide
to the committees in the Senate and Assembly that consider the
State Budget an estimate of the amount needed to backfill the
Indian Gaming Revenue Sharing Trust Fund on or before the date
of the May budget revision for each fiscal year.

(c) An eligible recipient Indian tribe may not receive an amount
from the backfill appropriated following the estimate made
pursuant to subdivision (b) that would give the eligible recipient
Indian tribe an aggregate amount in excess of two hundred
seventy-five thousand dollars ($275,000) per eligible quarter. Any
funds transferred from the Indian Gaming Special Distribution
Fund to the Indian Gaming Revenue Sharing Trust Fund that result
in a surplus shall revert back to the Indian Gaming Special
Distribution Fund following the authorization of the final payment
of the fiscal year.

(d) Upon a transfer of moneys from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust
Fund and appropriation from the trust fund, the California
Gambling Control Commission shall distribute the moneys without
delay to eligible recipient Indian tribes for each quarter that a tribe
was eligible to receive a distribution during the fiscal year
immediately preceding.

(e) For each fiscal year commencing with the 2005-06 fiscal
year, all of the following shall apply:

(1) On or before the day of the May budget revision for each
fiscal year, the California Gambling Control Commission shall
determine the anticipated total amount of shortfalls in payment
likely to occur in the Indian Gaming Revenue Sharing Trust Fund
for the upcoming fiscal year, and shall provide to the committees
in the Senate and Assembly that consider the State Budget an
estimate of the amount needed to transfer from the Indian Gaming
Special Distribution Fund to backfill the Indian Gaming Revenue
Sharing Trust Fund for the next fiscal year. The anticipated total
amount of shortfalls to be transferred from the Indian Gaming
Special Distribution Fund to the Indian Gaming Revenue Sharing
Trust Fund shall be determined by the California Gambling Control
Commission as follows:

(A) The anticipated number of eligible recipient tribes that will
be eligible to receive payments for the next fiscal year, multiplied
by one million one hundred thousand dollars ($1,100,000), with
that product reduced by the amount anticipated to be paid by the
tribes directly into the Indian Gaming Revenue Sharing Trust Fund
for the fiscal year.

(B) This amount shall be based upon actual payments received
into the Indian Gaming Revenue Sharing Trust Fund the previous
fiscal year, with adjustments made due to amendments to existing
tribal-state compacts or newly executed tribal-state compacts with
respect to payments to be made to the Indian Gaming Revenue
Sharing Trust Fund.

(2) The Legislature shall transfer from the Indian Gaming
Special Distribution Fund to the Indian Gaming Revenue Sharing
Trust Fund an amount sufficient for each eligible recipient tribe
to receive a total not to exceed two hundred seventy-five thousand
dollars ($275,000) for each quarter in the upcoming fiscal year an
eligible recipient tribe is eligible to receive moneys, for a total not
to exceed one million one hundred thousand dollars ($1,100,000)
for the entire fiscal year. The California Gambling Control
Commission shall make quarterly payments from the Indian
Gaming Revenue Sharing Trust Fund to each eligible recipient
Indian tribe within 45 days of the end of each fiscal quarter.

(3) If the transfer of funds from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust
Fund results in a surplus, the funds shall remain in the Indian
Gaming Revenue Sharing Trust Fund for disbursement in future
years, and if necessary, adjustments shall be made to future
distributions from the Indian Gaming Special Distribution Fund
to the Indian Gaming Revenue Sharing Trust Fund.

(4) In the event the amount appropriated for the fiscal year is
insufficient to ensure each eligible recipient tribe receives the total
of two hundred seventy-five thousand dollars ($275,000) for each
fiscal quarter, the Department of Finance, after consultation with
the California Gambling Control Commission, shall submit to the
Legislature a request for a budget augmentation for the current
fiscal year with an explanation as to the reason why the amount
appropriated for the fiscal year was insufficient.

(5) At the end of each fiscal quarter, the California Gambling
Control Commission’s Indian Gaming Revenue Sharing Trust
Fund report shall include information that identifies each of the
eligible recipient tribes eligible to receive a distribution for that
fiscal quarter, the amount paid into the Indian Gaming Revenue
Sharing Trust Fund by each of the tribes pursuant to the applicable
sections of the tribal-state compact, and the amount necessary to
backfill from the Indian Gaming Special Distribution Fund the
shortfall in the Indian Gaming Revenue Sharing Trust Fund in
order for each eligible recipient tribe to receive the total of two
hundred seventy-five thousand dollars ($275,000) for the fiscal
quarter.

 

Chapter  3. Grants of Tribal Gaming Revenue to Local
Government Agencies

 

98075.  

This chapter establishes the method of calculating the
distribution of appropriations from the Indian Gaming Special
Distribution Fund for grants to local government agencies impacted
by tribal gaming.

98076.  

(a) It is the intent of the Legislature to establish a fair
and proportionate system to award grants from the Indian Gaming
Special Distribution Fund for the support of local government
agencies impacted by tribal gaming. It is also the intent of the
Legislature that priority for funding shall be given to local
government agencies impacted by the tribal casinos that contribute
to the Indian Gaming Special Distribution Fund.

(b) It is the intent of the Legislature that in the event that any
compact between any tribe and the state takes effect on or after
January 1, 2004, or that any compact between any tribe and the
state that took effect on or before May 16, 2000, is renegotiated
and reexecuted at any time after its initial effective date, money
provided to the state by a tribe pursuant to the terms of these
compacts shall be applied on a pro rata basis to the state costs for
the regulation of gaming and for problem gambling prevention
programs in the Office of Problem and Pathological Gambling
within the State Department of Alcohol and Drug Programs.

(c) It is the intent of the Legislature that if any compact between
any tribe and the state takes effect on or after January 1, 2004, or
if any compact between any tribe and the state that took effect on
or before May 16, 2000, is renegotiated and reexecuted at any time
after its initial effective date, any revenue sharing provisions of
that compact that requires distributions to nongaming or
noncompact tribes shall result in a decrease in the amount that the
Legislature appropriates pursuant to this chapter.

98077.  

As used in this chapter:

(a) “County Tribal Casino Account” means an account
consisting of all moneys paid by tribes of that county into the
Indian Gaming Special Distribution Fund after deduction of the
amounts appropriated pursuant to the priorities specified in Section
98071.

(b) “Individual Tribal Casino Accounts” means an account for
each individual tribe that has paid money into the Indian Gaming
Special Distribution Fund. The individual tribal casino account
shall be funded in proportion to the amount that the individual
tribe has paid into the Indian Gaming Special Distribution Fund.

(c) “Local government jurisdiction” or “local jurisdiction” means
any city, county, or special district.

(d) “Special district” means any agency of the state that performs
governmental or proprietary functions within limited boundaries.
“Special district” includes a county service area, a maintenance
district or area, an improvement district or improvement zone, or
any other zone, district, or area that meets the requirements of this
subdivision. “Special district” does not include a city, county,
school district, or community college district.

98078.  

The Department of Finance, in consultation with the
California Gambling Control Commission, shall calculate the total
revenue in the Indian Gaming Special Distribution Fund that will
be available for the current budget year for local government
agencies impacted by tribal gaming. The department shall include
this information in the May budget revision.

98079.  

(a) A County Tribal Casino Account is hereby created
in the treasury for each county that contains a tribal casino.

(b) The amount to be deposited into each eligible county’s
County Tribal Casino Account shall be calculated in the following
way:

(1) (A) For counties that do not have gaming devices subject
to an obligation to make contributions to the Indian Gaming Special
Distribution Fund, the total amount to be appropriated by the
Legislature for grants to local government agencies impacted by
tribal gaming shall be multiplied by 5 percent.

(B) The amount determined pursuant to subparagraph (A) shall
be divided by the aggregate number of gaming devices located in
those counties that do not have gaming devices subject to an
obligation to make contributions to the Indian Gaming Special
Distribution Fund.

(C) The amount determined pursuant to subparagraph (B) shall
be multiplied by the number of gaming devices located in each
county for which an appropriation is being calculated that are not
subject to an obligation to make contributions to the Indian Gaming
Special Distribution Fund.

(D) The amount determined pursuant to subparagraph (C) shall
be deposited into the County Tribal Casino Account for the county
for which the appropriation was calculated.

(2) (A) For counties that have gaming devices subject to an
obligation to make contributions to the Indian Gaming Special
Distribution Fund, the total amount to be appropriated by the
Legislature for grants to local government agencies impacted by
tribal gaming shall be multiplied by 95 percent.

(B) The amount determined pursuant to subparagraph (A) shall
be divided by the aggregate number of gaming devices located in
those counties that have gaming devices subject to an obligation
to make contributions to the Indian Gaming Special Distribution
Fund.

(C) The amount determined pursuant to subparagraph (B) shall
be multiplied by the number of gaming devices located in each
county for which an appropriation is being calculated that are
subject to an obligation to make contributions to the Indian Gaming
Special Distribution Fund.

(D) The amount determined pursuant to subparagraph (C) shall
be deposited into the County Tribal Casino Account for the county
for which the appropriation was calculated.

98080.  

(a) The Controller, acting in consultation with the
California Gambling Control Commission, shall divide the County
Tribal Casino Account for each county that has gaming devices
that are subject to an obligation to make contributions to the Indian
Gaming Special Distribution Fund into a separate account for each
tribe that operates a casino within the county. These accounts shall
be known as Individual Tribal Casino Accounts, and funds may
be released from these accounts to make grants selected by an
Indian Gaming Local Community Benefit Committee pursuant to
the method established by this section to local jurisdictions
impacted by tribal casinos. Each Individual Tribal Casino Account
shall be funded in proportion to the amount that each individual
tribe paid in the prior fiscal year to the Indian Gaming Special
Distribution Fund.

(b) (1) There is hereby created in each county in which Indian
gaming is conducted an Indian Gaming Local Community Benefit
Committee. The selection of all grants from each Individual Tribal
Casino Account or County Tribal Casino Account shall be made
by each county’s Indian Gaming Local Community Benefit
Committee. In selecting grants, the Indian Gaming Local
Community Benefit Committee shall follow the priorities
established in subdivision (g) and the requirements specified in
subdivision (h). This committee has the following additional
responsibilities:

(A) Establishing all application policies and procedures for
grants from the Individual Tribal Casino Account or County Tribal
Casino Account. Each grant application shall clearly show how
the grant will mitigate the impact of the casino on the grant
applicant.

(B) Assessing the eligibility of applications for grants from local
jurisdictions impacted by tribal gaming operations.

(C) Determining the appropriate amount for reimbursement
from the aggregate county tribal account of the demonstrated costs
incurred by the county for administering the grant programs. The
reimbursement for county administrative costs may not exceed 2
percent of the aggregate county tribal account in any given fiscal
year.

(2) Except as provided in Section 98081, the Indian Gaming
Local Community Benefit Committee shall be composed of seven
representatives, consisting of the following:

(A) Two representatives from the county, selected by the county
board of supervisors.

(B) Three elected representatives from cities located within four
miles of a tribal casino in the county, selected by the county board
of supervisors. In the event that there are no cities located within
four miles of a tribal casino in the county, other local
representatives may be selected upon mutual agreement by the
county board of supervisors and a majority of the tribes paying
into the Indian Gaming Special Distribution Fund in the county.
When there are no cities within four miles of a tribal casino in the
county, and when the Indian Gaming Local Community Benefit
Committee acts on behalf of a county where no tribes pay into the
Indian Gaming Special Distribution Fund, other local
representatives may be selected upon mutual agreement by the
county board of supervisors and a majority of the tribes operating
casinos in the county. However, if only one city is within four
miles of a tribal casino and that same casino is located entirely
within the unincorporated area of that particular county, only one
elected representative from that city shall be included on the Indian
Gaming Local Community Benefit Committee.

(C) Two representatives selected upon the recommendation of
a majority of the tribes paying into the Indian Gaming Special
Distribution Fund in each county. When an Indian Gaming Local
Community Benefit Committee acts on behalf of a county where
no tribes pay into the Indian Gaming Special Distribution Fund,
the two representatives may be selected upon the recommendation
of the tribes operating casinos in the county.

(c) Sixty percent of each Individual Tribal Casino Account shall
be available for nexus grants on a yearly basis to cities and counties
impacted by tribes that are paying into the Indian Gaming Special
Distribution Fund, according to the four-part nexus test described
in paragraph (1). Grant awards shall be selected by each county’s
Indian Gaming Local Community Benefit Committee and shall
be administered by the county. Grants may be awarded on a
multiyear basis, and these multiyear grants shall be accounted for
in the grant process for each year.

(1) A nexus test based on the geographical proximity of a local
government jurisdiction to an individual Indian land upon which
a tribal casino is located shall be used by each county’s Indian
Gaming Local Community Benefit Committee to determine the
relative priority for grants, using the following criteria:

(A) Whether the local government jurisdiction borders the Indian
lands on all sides.

(B) Whether the local government jurisdiction partially borders
Indian lands.

(C) Whether the local government jurisdiction maintains a
highway, road, or other thoroughfare that is the predominant access
route to a casino that is located within four miles.

(D) Whether all or a portion of the local government jurisdiction
is located within four miles of a casino.

(2) Fifty percent of the amount specified in subdivision (c) shall
be awarded in equal proportions to local government jurisdictions
that meet all four of the nexus test criteria in paragraph (1). If no
eligible local government jurisdiction satisfies this requirement,
the amount specified in this paragraph shall be made available for
nexus grants in equal proportions to local government jurisdictions
meeting the requirements of paragraph (3) or (4).

(3) Thirty percent of the amount specified in subdivision (c)
shall be awarded in equal proportions to local government
jurisdictions that meet three of the nexus test criteria in paragraph
(1). If no eligible local government jurisdiction satisfies this
requirement, the amount specified in this paragraph shall be made
available for nexus grants in equal proportions to local government
jurisdictions meeting the requirements of paragraph (2) or (4).

(4) Twenty percent of the amount specified in subdivision (c)
shall be awarded in equal proportions to local government
jurisdictions that meet two of the nexus test criteria in paragraph
(1). If no eligible local government jurisdiction satisfies this
requirement, the amount specified in this paragraph shall be made
available for nexus grants in equal proportions to local government
jurisdictions meeting the requirements of paragraph (2) or (3).

(d) Twenty percent of each Individual Tribal Casino Account
shall be available for discretionary grants to local jurisdictions
impacted by tribes that are paying into the Indian Gaming Special
Distribution Fund. These discretionary grants shall be made
available to all local jurisdictions in the county irrespective of any
nexus to impacts from any particular tribal casino, as described in
paragraph (1) of subdivision (c). Grant awards shall be selected
by each county’s Indian Gaming Local Community Benefit
Committee and shall be administered by the county. Grants may
be awarded on a multiyear basis, and these multiyear grants shall
be accounted for in the grant process for each year.

(e) (1) Twenty percent of each Individual Tribal Casino Account
shall be available for discretionary grants to local jurisdictions
impacted by tribes that are not paying into the Indian Gaming
Special Distribution Fund. These grants shall be made available
to local jurisdictions in the county irrespective of any nexus to
impacts from any particular tribal casino, as described in paragraph
(1) of subdivision (c), and irrespective of whether the impacts
presented are from a tribal casino that is not paying into the Indian
Gaming Special Distribution Fund. Grant awards shall be selected
by each county’s Indian Gaming Local Community Benefit
Committee and shall be administered by the county. Grants may
be awarded on a multiyear basis, and these multiyear grants shall
be accounted for in the grant process for each year.

(A) Grants awarded pursuant to this subdivision are limited to
addressing service-oriented impacts and providing assistance with
one-time large capital projects related to Indian gaming impacts.

(B) Grants shall be subject to the sole sponsorship of the tribe
that pays into the Indian Gaming Special Distribution Fund and
the recommendations of the Indian Gaming Local Community
Benefit Committee for that county.

(2) If an eligible county does not have a tribal casino operated
by a tribe that does not pay into the Indian Gaming Special
Distribution Fund, the moneys available for discretionary grants
under this subdivision shall be available for distribution pursuant
to subdivision (d).

(f) (1) For each county that does not have gaming devices
subject to an obligation to make payments to the Indian Gaming
Special Distribution Fund, funds may be released from the county’s
County Tribal Casino Account to make grants selected by the
county’s Indian Gaming Local Community Benefit Committee
pursuant to the method established by this section to local
jurisdictions impacted by tribal casinos. These grants shall be made
available to local jurisdictions in the county irrespective of any
nexus to any particular tribal casino. These grants shall follow the
priorities specified in subdivision (g) and the requirements specified
in subdivision (h).

(2) Funds not allocated from a county tribal casino account by
the end of each fiscal year shall revert back to the Indian Gaming
Special Distribution Fund. Moneys allocated for the 2003-04 fiscal
year shall be eligible for expenditure through December 31, 2004.

(g) The following uses shall be the priorities for the receipt of
grant moneys from Individual Tribal Casino Accounts: 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.

(h) In selecting grants pursuant to subdivision (b), an Indian
Gaming Local Community Benefit Committee shall select only
grant applications that mitigate impacts from casinos on local
jurisdictions. If a local jurisdiction uses a grant selected pursuant
to subdivision (b) for any unrelated purpose, the grant shall
terminate immediately and any moneys not yet spent shall revert
to the Indian Gaming Special Distribution Fund. If a local
jurisdiction approves an expenditure that mitigates an impact from
a casino on a local jurisdiction and that also provides other benefits
to the local jurisdiction, the grant selected pursuant to subdivision
(b) shall be used to finance only the proportionate share of the
expenditure that mitigates the impact from the casino.

(i) All grants from Individual Tribal Casino Accounts shall be
made only upon the affirmative sponsorship of the tribe paying
into the Indian Gaming Special Distribution Fund from whose
Individual Tribal Casino Account the grant moneys are available
for distribution. Tribal sponsorship shall confirm that the grant
application has a reasonable relationship to a casino impact and
satisfies at least one of the priorities listed in subdivision (g). A
grant may not be made for any purpose that would support or fund,
directly or indirectly, any effort related to the opposition or
challenge to Indian gaming in the state, and, to the extent any
awarded grant is utilized for any prohibited purpose by any local
government, upon notice given to the county by any tribe from
whose Individual Tribal Casino Account the awarded grant went
toward that prohibited use, the grant shall terminate immediately
and any moneys not yet used shall again be made available for
qualified nexus grants.

(j) A local government jurisdiction that is a recipient of a grant
from an Individual Tribal Casino Account or a County Tribal
Casino Account shall provide notice to the public, either through
a slogan, signage, or other mechanism, stating that the local
government project has received funding from the Indian Gaming
Special Distribution Fund and further identifying the particular
Individual Tribal Casino Account from which the grant derives.

(k) (1) Each county’s Indian Gaming Local Community Benefit
Committee shall submit to the Controller a list of approved projects
for funding from Individual Tribal Casino Accounts. Upon receipt
of this list, the Controller shall release the funds directly to the
local government entities for which a grant has been approved by
the committee.

(2) Funds not allocated from an Individual Tribal Casino
Account by the end of each fiscal year shall revert back to the
Indian Gaming Special Distribution Fund.

(l) Notwithstanding any other law, a local government
jurisdiction that receives a grant from an Individual Tribal Casino
Account shall deposit all funds received in an interest-bearing
account and use the interest from those funds only for the purpose
of mitigating an impact from a casino. If any portion of the funds
in the account is used for any other purpose, the remaining portion
shall revert to the Indian Gaming Special Distribution Fund. As a
condition of receiving further funds under this section, a local
government jurisdiction, upon request of the county, shall
demonstrate to the county that all expenditures made from the
account have been in compliance with the requirements of this
section.

98081.  

In San Diego County, the Indian Gaming Local
Community Benefit Committee shall be comprised of seven
representatives, consisting of the following:

(a) Two representatives from the county, selected by the county
board of supervisors.

(b) One elected representative from the city located within four
miles of a tribal casino in the county, selected by the county board
of supervisors.

(c) Three representatives selected upon the recommendation of
a majority of the tribes paying into the Indian Gaming Special
Distribution Fund in the county.

(d) The Sheriff of San Diego County.

98082.  

(a) Each county that administers grants from the Indian
Gaming Special Distribution Fund shall provide an annual report
to the Chairperson of the Joint Legislative Budget Committee, the
chairpersons of the Senate and Assembly committees on
governmental organization, and the California Gambling Control
Commission by October 1 of each year detailing the specific
projects funded by all grants in the county’s jurisdiction in the
previous fiscal year, including amounts expended in that fiscal
year, but funded from appropriations in prior fiscal years. The
report shall provide detailed information on the following:

(1) The amount of grant funds received by the county.

(2) A description of each project that is funded.

(3) A description of how each project mitigates the impact of
tribal gaming.

(4) The total expenditures for each project.

(5) All administrative costs related to each project, excluding
the county’s administrative fee.

(6) The funds remaining at the end of the fiscal year for each
project.

(7) An explanation regarding how any remaining funds will be
spent for each project, including the estimated time for expenditure.

(8) A description of whether each project is funded once or on
a continuing basis.

(b) A county that does not provide an annual report pursuant to
subdivision (a) shall not be eligible for funding from the Indian
Gaming Special Distribution Fund for the following year.

98083.  

The State Auditor shall conduct an audit every three
years regarding the allocation and use of moneys from the Indian
Gaming Special Distribution Fund by the recipient of the grant
moneys. The State Auditor shall report its findings to the
Legislature and to all other appropriate entities.

98084.  

This chapter shall remain in effect only until January
1, 2021, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2021, deletes or extends that date.