Bill Text: CA SB898 | 2021-2022 | Regular Session | Chaptered
Bill Title: Tribal gaming: compact amendment ratification.
Spectrum: Slight Partisan Bill (Democrat 7-4)
Status: (Passed) 2022-06-13 - Chaptered by Secretary of State. Chapter 19, Statutes of 2022. [SB898 Detail]
Download: California-2021-SB898-Chaptered.html
Senate Bill
No. 898
CHAPTER 19
An act to add Section 12012.105 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately.
[
Approved by
Governor
June 13, 2022.
Filed with
Secretary of State
June 13, 2022.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 898, Dodd.
Tribal gaming: compact amendment ratification.
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 those 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.
The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or
to adopt a negative declaration if it finds that the project will not have that effect.
This bill would ratify the amendments to the tribal-state gaming compacts entered into between the State of California and the Alturas Indian Rancheria, California, the Augustine Band of Cahuilla Indians, California, the Bear River Band of the Rohnerville Rancheria, California, the Berry Creek Rancheria of Maidu Indians of California, the Big Sandy Rancheria of Western Mono Indians of California, the Bishop Paiute Tribe, the Blue Lake Rancheria, the Cachil Dehe Band of Wintun Indians of the Colusa Indian Community of the Colusa Rancheria, California, the Cahto Tribe of the Laytonville Rancheria, the Cahuilla Band of Indians, the Campo Band of Diegueno Mission Indians of the Campo Indian Reservation, California,
the Chemehuevi Indian Tribe of the Chemehuevi Reservation, California, the Cher-Ae Heights Indian Community of the Trinidad Rancheria, California, the Chicken Ranch Rancheria of Me-Wuk Indians of California, the Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, California, the Ewiiaapaayp Band of Kumeyaay Indians, California, the Hopland Band of Pomo Indians, California, the Manchester Band of Pomo Indians of the Manchester Rancheria, California, the Middletown Rancheria of Pomo Indians of California, the Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation, California, the Picayune Rancheria of Chukchansi Indians of California, the Pit River Tribe, California, the Redding Rancheria, California, the Resighini Rancheria, California, the Robinson Rancheria, the Santa Rosa Indian Community of the Santa Rosa Rancheria, California,
the Sherwood Valley Rancheria of Pomo Indians of California, the Soboba Band of Luiseno Indians, California, and the Table Mountain Rancheria to extend the terms of those compacts. The bill would provide that, in deference to tribal sovereignty, certain actions related to those amended compacts are not projects for the purposes of CEQA.
This bill would declare that it is to take effect immediately as an urgency statute.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 12012.105 is added to the Government Code, to read:12012.105.
(a) The following amendments to the tribal-state gaming compacts entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive, and 25 U.S.C. Sec. 2701 et seq.), which are for the sole purpose of extending the terms of the tribal-state gaming compacts, are hereby ratified:(1) The amendment between the State of California and the Alturas Indian
Rancheria, California, executed on May 11, 2022.
(2) The amendment between the State of California and the Augustine Band of Cahuilla Indians, California, executed on May 11, 2022.
(3) The amendment between the State of California and the Bear River Band of the Rohnerville Rancheria, California, executed on May 11, 2022.
(4) The amendment between the State of California and the Berry Creek Rancheria of Maidu Indians of California, executed on May 11, 2022.
(5) The amendment between the State of California and the Big Sandy Rancheria of Western Mono Indians of California, executed on May 11, 2022.
(6) The amendment between the State of California and the Bishop Paiute Tribe, executed on May
11, 2022.
(7) The amendment between the State of California and the Blue Lake Rancheria, executed on May 11, 2022.
(8) The amendment between the State of California and the Cachil Dehe Band of Wintun Indians of the Colusa Indian Community of the Colusa Rancheria, California, executed on May 11, 2022.
(9) The amendment between the State of California and the Cahto Tribe of the Laytonville Rancheria, executed on May 11, 2022.
(10) The amendment between the State of California and the Cahuilla Band of Indians, executed on May 16, 2022.
(11) The amendment between the State of California and the Campo Band of Diegueno Mission Indians of the Campo Indian Reservation, California, executed on May 11, 2022.
(12) The amendment between the State of California and the Chemehuevi Indian Tribe of the Chemehuevi Reservation, California, executed on May 11, 2022.
(13) The amendment between the State of California and the Cher-Ae Heights Indian Community of the
Trinidad Rancheria, California, executed on May 11, 2022.
(14) The amendment between the State of California and the Chicken Ranch Rancheria of Me-Wuk Indians of California, executed on May 11, 2022.
(15) The amendment between the State of California and the Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, California, executed on May 11, 2022.
(16) The amendment between the State of California and the Ewiiaapaayp Band of Kumeyaay Indians, California, executed on May 11, 2022.
(17) The amendment between the State of California and the Hopland Band of Pomo Indians, California, executed on May 16, 2022.
(18) The amendment between the State of California and the Manchester
Band of Pomo Indians of the Manchester Rancheria, California, executed on May 11, 2022.
(19) The amendment between the State of California and the Middletown Rancheria of Pomo Indians of California, executed on March 15, 2022.
(20) The amendment between the State of California and the Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation, California, executed on May 11, 2022.
(21) The
amendment between the State of California and the Picayune Rancheria of Chukchansi Indians of California, executed on May 11, 2022.
(22) The amendment between the State of California and the Pit River Tribe, California, executed on May 11, 2022.
(23) The amendment between the State of California and the Redding Rancheria, California, executed on May 11, 2022.
(24) The amendment between the State of California and the Resighini Rancheria, California, executed on May 11, 2022.
(25) The amendment between the State of California and the Robinson Rancheria, executed on May 16, 2022.
(26) The amendment between the State of California and the Santa Rosa Indian Community of the Santa Rosa Rancheria, California, executed on March 15, 2022.
(27) The amendment between the State of California and the Sherwood Valley Rancheria of Pomo Indians of California, executed on May 11, 2022.
(28) The amendment between the State of California and the Soboba Band of Luiseno Indians, California, executed on May 11, 2022.
(29) The amendment between the State of California and the Table Mountain Rancheria, executed on May 11, 2022.
(b) (1) In deference to tribal sovereignty, none of the following shall be deemed a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code):
(A) The execution of an amendment to a tribal-state gaming compact ratified by this section.
(B) The execution of an amended tribal-state gaming compact ratified by this section.
(C) The execution of an intergovernmental agreement between a tribe and a county or city government negotiated pursuant to the express authority of, or as expressly referenced in, an amended tribal-state gaming compact ratified by this section.
(D) The execution of an intergovernmental agreement between a tribe and the Department of Transportation, or other state agency, negotiated pursuant to the express authority of, or as expressly referenced in, an amended tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of
an amended tribal-state gaming compact ratified by this section.
(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act.
SEC. 2.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to enhance the economic development, stability, and self-sufficiency of the Alturas Indian Rancheria, California, the Augustine Band of Cahuilla Indians, California, the Bear River Band of the Rohnerville Rancheria, California, the Berry Creek Rancheria of Maidu Indians of California, the Big Sandy Rancheria of Western Mono Indians of California, the
Bishop Paiute Tribe, the Blue Lake Rancheria, the Cachil Dehe Band of Wintun Indians of the Colusa Indian Community of the Colusa Rancheria, California, the Cahto Tribe of the Laytonville Rancheria, the Cahuilla Band of Indians, the Campo Band of Diegueno Mission Indians of the Campo Indian Reservation, California, the Chemehuevi Indian Tribe of the Chemehuevi Reservation, California, the Cher-Ae Heights Indian Community of the Trinidad Rancheria, California, the Chicken Ranch Rancheria of Me-Wuk Indians of California, the Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, California, the Ewiiaapaayp Band of Kumeyaay Indians, California, the Hopland Band of Pomo Indians, California, the Manchester Band of Pomo Indians of the Manchester Rancheria, California, the Middletown Rancheria of Pomo Indians of California,
the Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation, California, the Picayune Rancheria of Chukchansi Indians of California, the Pit River Tribe, California, the Redding Rancheria, California, the Resighini Rancheria, California, the Robinson Rancheria, the Santa Rosa Indian Community of the Santa Rosa Rancheria, California, the Sherwood Valley Rancheria of Pomo Indians of California, the Soboba Band of Luiseno Indians, California, and the Table Mountain Rancheria, and to protect the interests of the tribe and its members, the surrounding community, and the California public at the earliest possible time, it is necessary that this act take effect immediately.
