AgdaPkt 2004-07-12 - Laserfiche WebLink

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Q-A.3 GOVERNOR SCHWARZENEGGER SIGNS NEW CONFACTS WITH INDIAN GAMING TRIBES On June 21, 2004, the governor signed five Once a project is undertaken by a tribe, the new StatelTribal Compacts that he says provide new compact language requires a notice of a fair contribution of gaming revenues that will preparation and development of a TEIR, which compensate the state for years to come. The requires detailed information on significant off- governor also states that the agreements guar- reservation effects, mitigation and project antee important and increased protections for alternatives. Failure by the tribe to prepare a local communities, the environment, and casino TEIR could result in the state obtaining an patrons and workers. injunction to stop the project. Fiscal Impacts local Government Agreements Financial aspects of the compacts include a Based on the TEIR, the new compact lan- $1 billion payment to the state, to be financed by guage requires negotiation and agreements to a bond repaid over 18 years, to the five tribes be undertaken with affected communities in who signed the re-negotiated agreement; United relation to off-reservation mitigation and service Auburn (Placer County), Rumsey Band (Yolo responsibilities, including public safety services County) and three San Diego Tribes: Viejas, provided by local governments. Should im- Pala, and Pauma. Upon repayment of the bond, passe occur in reaching such agreements after the tribes then will make annual payments to the 55 days, "baseball" arbitration would be trig- state for the duration of the compact, expected gered, ultimately requiring the arbitrator to to total an additional $700 million. consider the most reasonable offer from each party if agreement remains elusive. In addition, In addition to annual payments, the tribes are a waiver of sovereignty permits local govern- required to pay up to $25,000 annually per slot ments to enforce the arbitration decision machine exceeding the current 2,000 limit. This through execution of a judgment in a court of provision is considered self-limiting, as the net law. win per machine would have to be very high to make the additional slot machines financially Other provisions of the compacts include viable. However, there is no cap on the number building code compliance based on state stan- of machines that a tribal government may dards, slot machine compliance subject to state operate. The compacts also provide that each inspection and audits, and tort law compliance tribe must pay $2 million annually into the Rev- in relation to patron injury. Additionally, local enue Sharing Trust Fund to be distributed to government-related provisions appear to fulfill non-gaming tribes. several policy objectives outlined in league policy in relation to Indian Gaming, including: 1) Environmental Protection Mitigation of off-reservation impacts; 2) Service provision on tribal lands; and, 3) Protection of Under non-economic provisions of the new affected communities. compacts, a tribal government undertaking a new project is required to prepare a Tribal These compacts must now be ratified by the Environmental Impact Report (TEIR). A project Legislature to become effective. For more is defined as "any activity occurring on Indian information, please contact league staff Liisa Lands to serve the Tribe's gaming activities Lawson at 916-658-8249, or visit the Governor's which may cause a direct or indirect physical Web site athttp:/lwww.governor.ca.gov. change in the off-reservation environment." Visit the League's Official Web Site--www.cacities.org PRIORITY FOCUSIPAGE 3 '0 ~ 0-