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 expressly ratifies a number of tribal-state gaming compacts, and amendments to tribal-state gaming compacts, between the State of California and specified Indian tribes. Existing law creates in the State Treasury the Tribal Nation Grant Fund, administered by the California Gambling Control Commission, for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of tribal-state gaming compacts. Existing law authorizes moneys in the fund, upon appropriation by the Legislature, to be
available for the discretionary distribution of funds to nongaming tribes and limited gaming tribes upon application of those tribes for purposes related to effective self-governance, self-determined community, and economic development.
This bill would instead require the commission to administer the fiscal operations of the Tribal Nation Grant Fund and would specify that the commission is to act as a limited trustee not subject to the duties and liability contained in the Probate Code, similar state or federal statutes, rules or regulations, or under state or federal common law or equitable principles. The bill would require the commission to allocate and disburse the moneys in the Tribal Nation Grant Fund, as specified, directed, to one or more eligible nongaming tribes and
limited gaming tribes upon a competitive application basis. The bill would prohibit the commission from exercising any discretion or control over, or from bearing any responsibility arising from, the recipient tribes’ uses or disbursement of Tribal Nation Grant Fund moneys. The bill would require the state-designated agency to perform any necessary audits to ensure that moneys awarded to any tribe are being used in accordance with their disbursement in relation to the purpose of the Tribal Nation Grant Fund. The bill would specify that the Tribal Nation Grant Fund is intended to assist eligible tribal governments in deploying comprehensive business planning strategies and activities.