BILL ANALYSIS
AB 2166
Page 1
ASSEMBLY THIRD READING
AB 2166 (Chesbro)
As Introduced February 18, 2010
Majority vote
LOCAL GOVERNMENT 8-0
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|Ayes:|Smyth, Caballero, | | |
| |Arambula, Bradford, | | |
| |Davis, Knight, Solorio, | | |
| |De La Torre | | |
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SUMMARY : Authorizes Smith River Rancheria Tribal Council to
enter into a joint powers agreement (JPA) with the County of Del
Norte, the City of Crescent City, or both, and declares Smith
River Rancheria to be a public agency for purposes of that JPA.
EXISTING LAW authorizes:
1)Under the Joint Exercise of Powers Act, two or more public
agencies (i.e. federal government, any state, any state
department or agency, county, county board of education,
county superintendent of schools, city, public corporation,
public district, and regional transportation commission in any
state) to enter into a JPA to exercise jointly any power
common to the contracting agencies that it can do by itself.
2)Elk Valley Rancheria Tribal Council to enter into a JPA with
the County of Del Norte, the City of Crescent City, or both,
and declares Elk Valley Rancheria Tribal Council to be a
public agency for purposes of that JPA.
FISCAL EFFECT : None
COMMENTS : California's JPAs are federations of federal, state,
and local public agencies that jointly perform duties that each
entity could perform on its own. California's JPAs collaborate
to address public needs, such as financing public facilities,
forming insurance pools, and enhancing planning and regulation.
JPAs can be structured as an agreement between existing agencies
or as a creation of a new, separate entity called a joint powers
authority.
AB 2166
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In an opinion dated August 28, 1996, the California State
Attorney General (AG) found that an Indian tribe does not meet
any of the public agency definitions listed in Section 6500 of
the Government Code, but rather is a "domestic dependent nation"
separate and distinct from the United States. As a result,
special legislation is necessary in order for individual tribes
to enter into JPAs with legal public agencies.
The precedent for declaring Indian tribes to be public agencies
for the purpose of participating in JPAs is well established.
Before the 1996 AG opinion, the Legislature designated Hoopa
Valley Indian Tribe as a public agency for the purpose of
entering into JPAs with the members of the Humboldt County
Association of Governments. Subsequent to the AG's opinion, AB
959 (Kelley), Chapter 19, Statutes of 2001, authorized Torres
Martinez Desert Cahuilla Indians to enter into a JPA to
participate in the Salton Sea Authority, and AB 1172 (Berg),
Chapter 39, Statutes of 2003, authorized Elk Valley Rancheria
Tribal Council to enter into a JPA with Del Norte County and
Crescent City to jointly finance and manage a regional
wastewater treatment plant and later to enter into a JPA for
purposes of forming the Border Coast Regional Airport Authority.
The Border Coast Regional Airport Authority was formed in 2007
through the cooperation
of Del Norte County, Crescent City, and Elk Valley Rancheria.
This joint powers authority manages and operates the Del Norte
County Regional Airport/Jack McNamara Field Airport by providing
regional representation for the entire geographic base of its
users. The initial membership of the JPA was later joined by
the City of Brookings, Oregon, and, in January 2010, Curry
County, Oregon.
According to the author, Smith River Rancheria, a federally
recognized tribe, has had a standing invitation to join the JPA,
but has been unable to do so because it lacks the legislative
authority declaring the sovereign Indian tribe a "public agency"
for purposes of JPA law. The author says, because Smith River
Rancheria would be entering an existing JPA that already has one
tribal member, this bill significantly differs from prior
legislative attempts that were vetoed to allow a tribe to enter
into a JPA with a public agency.
AB 2166
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AB 847 (Berg) of 2008, which would have allowed the Tribal
Council of the Yurok Tribe to enter into a JPA with public
agencies for the purposes of projects and activities for the
preservation and restoration of fisheries in the Klamath River
Basin, did not make it out of the Senate Local Government
Committee. Governor Schwarzenegger vetoed AB 1884 (Maze) of
2008, which would have allowed the Tule River Tribal Council to
enter into a JPA with the City of Porterville to develop
commercial property in the vicinity of the Porterville Airport.
AB 1962 (Berg) of 2006 was vetoed by the Governor with the veto
message expressing concern about ambiguous language and a lack
of specifics about the scope of the Yurok Tribe's participation
in a JPA. The Governor also vetoed AB 2762 (Levine) of 2006,
which would have allowed 17 federally recognized Indian tribal
governments to enter into a joint powers agreement to
participate in the Southern California Association of
Governments. In 2005, Governor Schwarzenegger vetoed AB 1747
(Wolk), which would have allowed the Rumsey Band of Wintun
Indians to join a JPA in Yolo County.
Support arguments. Supporters say including Smith River
Rancheria in the JPA will promote the coordinated economic
development of the region and will help achieve regional
representation for all users of the Del Norte County Regional
Airport/Jack McNamara Field Airport.
Opposition arguments. Prior Governor vetoes said it was
inappropriate to have a sovereign nation that is not directly
subject to all federal, state, and local laws participating in
the exercise of public power when the land in question was not
on tribal land.
Analysis Prepared by : Jennifer R. Klein / L. GOV. / (916)
319-3958
FN: 0003923