SB 668, as amended, Fuller. Tribal gaming: compact ratification.
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 expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes.
The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect.
This bill would ratify the tribal-state gaming compact entered into between the State of California and the Fort Independence Indian Community of Paiute Indians, executed February 28, 2013. The bill would provide that, in deference to tribal sovereignty, certain actions are not projects for purposes of CEQA.
begin insertThis bill would declare that it is to take effect immediately as an urgency statute.
end insertVote: begin deletemajority end deletebegin insert2⁄3end insert.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
Section 12012.60 is added to the Government
2Code, to read:
(a) The tribal-state gaming compact entered into in
4accordance with the federal Indian Gaming Regulatory Act of
51988 (18 U.S.C. Secs. 1166 to 1168, inclusive, and 25 U.S.C. Sec.
62701 et seq.) between the State of California and the Fort
7Independence Indian Community of Paiute Indians, executed
8February 28, 2013, is hereby ratified.
9(b) (1) In deference to tribal sovereignty, none of the following
10shall be deemed a project for purposes of the California
11Environmental Quality Act (Division 13 (commencing with Section
1221000) of the Public Resources Code):
13(A) The execution of an
amendment to the tribal-state gaming
14compact ratified by this section.
15(B) The execution of the tribal-state gaming compact ratified
16by this section.
17(C) The execution of an intergovernmental agreement between
18a tribe and a county or city government negotiated pursuant to the
19express authority of, or as expressly referenced in, the tribal-state
20gaming compact ratified by this section.
21(D) The execution of an intergovernmental agreement between
22a tribe and the Department of Transportation negotiated pursuant
23to the express authority of, or as expressly referenced in, the
24tribal-state gaming compact ratified by this section.
25(E) The on-reservation impacts of
compliance with the terms
26of the tribal-state gaming compact ratified by this section.
27(F) The sale of compact assets, as defined in subdivision (a) of
28Section 63048.6, or the creation of the special purpose trust
29established pursuant to Section 63048.65.
30(2) Except as expressly provided herein, this subdivision does
31not exempt a city, county, or city and county, or the Department
P3 1of Transportation, from the requirements of the California
2Environmental Quality Act.
This act is an urgency statute necessary for the
4immediate preservation of the public peace, health, or safety within
5the meaning of Article IV of the Constitution and shall go into
6immediate effect. The facts constituting the necessity are:
7In order to enhance the economic development, long-term
8stability, and self-sufficiency of the Fort Independence Indian
9Community of Paiute Indians and to protect the interests of the
10tribe and its members, the surrounding community, and the
11California public, it is necessary for this act to take effect
12immediately.
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