AgdaPkt 2004-10-25 - Laserfiche WebLink

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�'� r I � that is equiva/ent to the amount of r�evenue the State would neceive on the same amount of net business income eamed by a private, non Califomia corporation based upon the then prevailing general corporate tax rafe under the sfate Revenue and Taxation Code. This contribuution shall be made in consideration for the exclusive right enjoyed by Indian tribes to operate gaming facilities in an economic environment free of competition for slot machines and other forms of C/ass lll casino gaming on non-Indian lands in Califomia. The compact shall provide that in the event fhe Indian tribes lose their exclusive right to operate slot machines and other forms of Class lll casino gaming in Califomia, the obiigation of the Indian tribe to contribute to the State a portion of its net income from gaming activities pursuant to this subdivision sha11 cease. Contributions made to the State pursuant to this subdivision shall be in lieu of any and all other fees, taxes, or levies that may be charged or imposed, directly or indirectly, by the State, cities, or counties against the Indian tribe on its authorized gaming activities, except that a tribe amending an existing compact or entering into a new compact pursuant to this subdivision shall be required to make contributions to the Revenue Sharing Trust Fund and, if the tribe operated gaming devices on September 1, 1999, to the Special Distribution Fund, in amounts and under terms that are idenfical to those contained in the existing compacts. (2) Any federally recognized Indian tribe requesting to enter into a new or amended compact pursuant to this subdivision shall agree under the terms of the compact to adopt an ordinance providing for fhe preparation, circulation, and consideration by the tribe of an environmental impact report analyzing potential off-reservation impacts of any project involving the development and construction of a new gaming facility or the significant expansion, renovation, or modification of an existing gaming facility. The environmental impact report prepared in accordance with this subdivision shall incorporate the policies and objectives of the National Environmental Policy Acf and the Califomia Environmental Quality Act consistent with the tribe's govemmental interests. Prior to the commencement of any such project, the tribe shall also agree (A) to inform and to provide an opportunity for the public to submit comments regarding the planned project, (8) to consult with loca/ govemmental officials regarding mitigation of signifi- cant adverse off-reservation environmental impacts and to make goodfaith efforts to mitigate any and all such significant adverse off-reservation environmental impacts, and (C) to keep local govemmental offi- cials and potentially afiFected members of the public informed of the projecYs progress. . (3) Any federally recognized Indian tribe requesting to enter into a new or amended compact pursuant to this subdivision shall be entitled under the terms of the compact to operate and conduct any forms and kinds of gaming authorized and permitted pursuant to subdivision (�. (4) Any federally recognized Indian tribe requesfing to enter into a new or amended compact pursuant to this subdivision shall be entitled under the terms of fhe compact to operate as many slot machines and to conduct as many games as each tribal govemment deems appropriate. There shall likewise be no limit under the terms of the compact on the number or the size of gaming facilities that each tribe may establish and operate, provided that each and every such gaming facility must be owned by the tribe and operated only on Indian lands on which such _.. , __ . �-