BILL NUMBER: AB 1767	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 17, 2016
	PASSED THE ASSEMBLY  AUGUST 23, 2016
	AMENDED IN SENATE  JUNE 30, 2016
	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Member Bigelow

                        FEBRUARY 3, 2016

   An act to add Section 12012.71 to the Government Code, relating to
tribal gaming, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1767, Bigelow. 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 tribal-state gaming 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 amendment to the tribal-state gaming
compact entered into between the State of California and the Jackson
Rancheria Band of Miwuk Indians, executed on June 22, 2016. The bill
would provide that, in deference to tribal sovereignty, certain
actions related to that amended compact are not projects for purposes
of CEQA.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12012.71 is added to the Government Code, to
read:
   12012.71.  (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, inclusive, and 25 U.S.C.
Sec. 2701 et seq.) between the State of California and the Jackson
Rancheria Band of Miwuk Indians, executed on June 22, 2016, 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 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, or other state agency,
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, or any state agency or local
jurisdiction, from the requirements of the California Environmental
Quality Act.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to enhance, at the earliest possible time, the economic
development, long-term stability, and self-sufficiency of the Jackson
Rancheria Band of Miwuk Indians, and to protect the interests of the
tribe and its members, the surrounding community, and the California
public, it is necessary for this act to take effect immediately.