August 13, 2020

Governor Newsom recently signed tribal-state gaming compacts with six tribes. The Governor also concurred with the U.S. Department of the Interior’s decision to allow 40 acres in Tulare County to be placed in trust for the Tule River Indian Tribe of California in order to relocate the Tribe’s casino. In January, the Tulare County Board of Supervisors approved a memorandum of understanding with the Tule River Indian Tribe for the Tribe’s casino relocation project.

The signed compacts are in line with CSAC policy on tribal and intergovernmental relations. In discussions with the Governor’s office, CSAC has advocated for mitigation of off-reservation impacts of gaming facilities through the adoption of local mitigation agreements.

The gaming compacts authorize and permit the six tribes to operate gaming devices, any banking or percentage card game, any devices or games authorized under state law to the California State Lottery, provided the tribe will not offer such games online (unless any others in the state is allowed to do so under state and federal law), and off-track wagering on horse races at a satellite wagering facility.

The compacts require tribes to pay into the Indian Gaming Special Distribution Fund to offset state costs related to gaming, and to meet the off-reservation environmental impact requirement procedures outlined in each agreement in order to begin construction on any new projects. Prior to beginning a project and no later than the issuance of the final tribal environmental impact report to a jurisdiction, tribes must offer to begin government-to-government negotiations with counties and cities with respect to the following issues:

• Timely mitigation of significant effects on the off-reservation environment,
• Compensation for law enforcement, fire protection, emergency medical services and any other public services to be provided by the jurisdiction, and
• Mitigation of any effect on public safety attributable to the project, including any compensation to the jurisdiction as a consequence thereof, to the extent such effects are not mitigated.

The following six tribes entered into tribal agreements with the state:

Ione Band of Miwok Indians:

• The Tribe is entitled to operate up to 1,200 gaming devices pursuant to the conditions set forth in the compact.
• The Tribe may establish and operate not more than two gaming facilities and engage in class III gaming only on eligible Indian lands held in trust for the Tribe as of the execution date of the compact.
• The Tribe may combine and operate in its gaming facilities any forms and kinds of gaming permitted under law, except to the extent limited under the IGRA, the compact, or the Tribe’s gaming ordinance.

Mooretown Rancheria of Maidu Indians:

• The Tribe is entitled to operate up to a total of 2,250 gaming devices pursuant to the conditions set forth in the compact.
• The Tribe may establish and operate not more than three gaming facilities, one of which has a primary purpose other than gaming and operates no more than 50 gaming devices, and engage in class III gaming only on eligible Indian lands held in trust for the Tribe, that are located within the boundaries of the Tribe’s reservation as those boundaries exist as of the execution date of the compact.

Paskenta Band of Nomlaki Indians:

• The Tribe is entitled to operate up to a total of 2,000 gaming devices pursuant to the conditions set forth in the compact.
• The Tribe may establish and operate not more than two gaming facilities and engage in class III gaming only on eligible Indian lands held in trust for the Tribe that are located within the boundaries of the Tribe’s reservation and certain trust lands as of the execution date of the compact.

Shingle Springs Band of Miwok Indians:

• The Tribe is entitled to operate up to a total of 2,500 gaming devices pursuant to the conditions set forth in the compact.
• The Tribe may establish and operate not more than two gaming facilities and engage in class III gaming only on eligible Indian lands held in trust for the Tribe located within the boundaries of the Tribe’s reservation and trust lands as of the execution date of the compact.
• The compact also provides a framework for the Tribe to receive credits against payments otherwise required to be made to the Revenue Sharing Trust Fund or the Tribal Nations Grant Fund. In order to access these credits, the Tribe must maintain existing agreements or enter into new agreements with local jurisdictions or state agencies to mitigate impacts of the gaming facility, thereby benefiting the gaming facility, the Tribe, and/or other local jurisdictions and communities.

Tolowa Dee-ni’ Nation:

• The Tribe is entitled to operate up to a total of 2,000 gaming devices pursuant to the conditions set forth in the agreement.
• The Tribe may establish and operate not more than two gaming facilities and engage in class III gaming only on eligible Indian lands held in trust for the Tribe that are located within the boundaries of the Tribe’s reservation and certain trust lands, as those boundaries exist as of the execution date of the compact.

Tule River Indian Tribe of California:

• The Tribe is entitled to operate up to a total of 2,500 gaming devices pursuant to the conditions set forth in the agreement.
• The Tribe may establish and operate not more than two gaming facilities and engage in class III gaming only on lands: that are, as of the execution date of the compact, in trust and eligible for gaming under IGRA; and the “Relocation Project Site” as described in the compact. If the Tribe chooses to operate more than one gaming facility, then one of the two gaming facilities shall have no more than 500 gaming devices.
• As mentioned above, the Governor has concurred in the Secretarial Determination to take land into trust for the Tribe’s casino relocation project.

The Governor’s press release summarizing the signing of these compacts is available here.