BILL NUMBER: AB 3072 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 3, 2008
INTRODUCED BY Committee on Governmental Organization (Torrico
(Chair), Charles Calderon, Davis, De Leon, Evans, Jeffries, Levine,
Mendoza, Portantino, and Soto)
MARCH 13, 2008
An act to add Article 9 (commencing with Section
12093.01) to Chapter 1 of Part 2 of Division 3 of Title 2 of the
Government Code, An act to add Arti cle 9
(commencing with Section 12093.01) to Chapter 1 of Part 2 of Division
3 of Title 2 of, and to repeal Sections 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, 12012.5,
12012.51, 12012.515, and 12012.52, of, the Government Code,
relating to gaming.
LEGISLATIVE COUNSEL'S DIGEST
AB 3072, as amended, Committee on Governmental Organization.
Tribal gaming: compacts.
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.
This bill would reorganize these provisions.
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.
This bill would state the intent of the Legislature to codify
statutes relating to tribal-state gaming compacts in a specified
location within the provisions of law applicable to the Governor.
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 12012.25 of the
Government Code is repealed.
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).
SEC. 2. Section 12012.30 of the
Government Code is repealed.
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.
SEC. 3. Section 12012.35 of the
Government Code is repealed.
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 Diegueoo 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 Diegueoo Mission Indians of
the Santa Ysabel Reservation, California, executed on September 8,
2003, is hereby ratified.
SEC. 4. Section 12012.40 of the
Government Code is repealed.
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.
SEC. 5. Section 12012.45 of the
Government Code is repealed.
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.
SEC. 6. Section 12012.46 of the
Government Code is repealed.
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.
SEC. 7. Section 12012.465 of the
Government Code is repealed.
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.
SEC. 8. Section 12012.47 of the
Government Code is repealed.
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.
SEC. 9. Section 12012.475 of the
Government Code is repealed.
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.
SEC. 10. Section 12012.48 of the
Government Code is repealed.
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.
SEC. 11. Section 12012.485 of the
Government Code is repealed.
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.
SEC. 12. Section 12012.49 of the
Government Code is repealed.
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
Luiseoo 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.
SEC. 13. Section 12012.495 of the
Government Code is repealed.
12012.495. The memorandum of agreement entered into between the
State of California and the Pechanga Band of Luiseoo Indians,
executed on June 27, 2007, is hereby approved.
SEC. 14. Section 12012.5 of the
Government Code is repealed.
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.
SEC. 15. Section 12012.51 of the
Government Code is repealed.
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.
SEC. 16. Section 12012.515 of the
Government Code is repealed.
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.
SEC. 17. Section 12012.52 of the
Government Code is repealed.
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.
SEC. 18. Article 9 (commencing with Section
12093.01) is added to Chapter 1 of Part 2 of Division 3 of Title 2 of
the Government Code , to read:
Article 9. Tribal-State Gaming Compacts
12093.01. (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 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. 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).
12093.02. 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.
12093.03. (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 Diegueoo 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 Diegueoo Mission Indians of
the Santa Ysabel Reservation, California, executed on September 8,
2003, is hereby ratified.
12093.04. (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 city and
county from the requirements of the California Environmental Quality
Act.
12093.05. (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, 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 tribal-state gaming compacts and amendments of tribal-state
gaming compacts ratified by this section shall be deposited in the
General Fund.
12093.06. (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.
12093.07. (a) The following amendments to the 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) (A) The amendment to the tribal state gaming compact between
the State of California and the Agua Caliente Band of Cahuilla
Indians, executed on August 8, 2006.
(B) 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.
(2) (A) The amendment to the tribal-state gaming compact between
the State of California and the Morongo Band of Mission Indians,
executed on August 29, 2006.
(B) 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.
(3) (A) The amendment to the tribal-state gaming compact between
the State of California and the Pechanga Band of Luiseoo Mission
Indians, executed on August 28, 2006.
(B) The memorandum of agreement entered into between the State of
California and the Pechanga Band of Luiseoo Indians, executed on June
27, 2007, is hereby approved.
(4) The tribal-state gaming compact between the State of
California and the Yurok Tribe of the Yurok Reservation, executed on
August 29, 2006.
(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 an amended tribal-state
gaming compact ratified by this section.
(B) The execution of an 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, 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,
an amended tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of 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, 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
an amended tribal-state gaming compact ratified by this section shall
be deposited in the General Fund.
12093.08. (a) The following amendments to the 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) (A) The amendment to the tribal-state gaming compact between
the State of California and the San Manuel Band of Mission Indians,
executed on August 28, 2006.
(B) The terms of the amended compact ratified by this paragraph
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 this
paragraph.
(C) 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.
(2) (A) The amendment to the tribal-state gaming compact between
the State of California and the Sycuan Band of the Kumeyaay Nation,
executed on August 30, 2006.
(B) The terms of the amended compact ratified by this paragraph
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 this
paragraph.
(C) 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.
(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 an amended tribal-state
gaming compact ratified by this section.
(B) The execution of an 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, 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,
an amended tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of 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, 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
an amended tribal-state gaming compact ratified by this section shall
be deposited in the General Fund, or as otherwise provided in the
amended compact.
SECTION 1. Article 9 (commencing with Section
12093.01) is added to Chapter 1 of Part 2 of Division 3 of Title 2 of
the Government Code, to read:
Article 9. Tribal-State Gaming Compacts
12093.01. It is the intent of the Legislature that statutes
relating to tribal-state gaming compacts be codified within this
article.