Tribal gaming: compact 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 compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes, including the Shingle Springs Band of Miwok Indians. 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 amendment to the tribal-state gaming compact entered into between the State of California and the Shingle Springs Band of Miwok Indians, executed on November 15, 2012. The bill would provide that, in deference to tribal sovereignty, certain actions may not be deemed projects for purposes of CEQA. This bill would create the Shingle Springs Band of Miwok Indians Trust Fund in the State Treasury as a special purpose trust fund, to be administered by the California Gambling Control Commission, for the receipt and deposit of revenue payments received by the state from the Shingle Springs Band of Miwok Indians pursuant to the amended tribal-state gaming compact ratified by this measure and any trust fund agreement executed by the state and the tribe pursuant to that tribal-state gaming compact. The bill would continuously appropriate from the trust fund to the commission the amount necessary for specific purposes enumerated in that tribal-state gaming compact and trust fund agreement, including governmental operations of the tribe and reduction of the tribe's existing debt related to its gaming facility. The bill would provide for the termination of the trust fund on January 1, 2016, or another date, as specified. The bill would provide for the transfer of the amount of revenue payments made by the tribe to the state during the period between July 1, 2012, and the date the amended tribal-state gaming compact ratified by this measure becomes effective, from the General Fund to the trust fund as an initial deposit pursuant to the terms of that tribal-state gaming compact and any trust fund agreement. This bill would declare that it is to take effect immediately as an urgency statute.