US Dept of Interior Ratify Compacts – Referendum Vote May Be Moot

The U.S. Interior Department has ratified the 4 amended compacts between the state government and the tribes, possibly making the February votes moot. As a result, the multibillion-dollar deals could take effect early next week.

Attorneys for other tribes, and for union groups that have opposed the additional gambling, say they were surprised by the decision to ratify the gambling compacts before California voters could make a decision on them.

Although approved by the Legislature and signed by the governor, the other tribes and unions have been trying to derail the proposed compact at the ballot box, using California?s initiative system.

George Forman, an attorney for Sycuan and another of the tribes, Morongo of Riverside County, said last Friday, “I'm not in a position to assess what it means. We are sailing in uncharted waters at high speed.”

But another prominent tribal attorney said the four compacts were “not ripe” for federal consideration, a factor that opponents could use in any bid to rescind the federal approval.

“To those who are telling you the referenda are moot, I would say not so fast,” said attorney Scott Crowell, who represents the Rincon band of north San Diego County.

Despite the pending ballot measures, Secretary of State Debra Bowen submitted the compacts to the Interior Department on Sept. 5, even though the ratification bills won't take effect until Jan. 1.

A spokeswoman for Bowen said she was simply following the office's “ministerial” duties outlined in a government code.

California tribes typically submit compacts to the Interior Department on their own, and tribal officials said they were surprised by Bowen's move.

Federal law gives the Department of Interior just three options when a compact is formally submitted: It can approve or reject it within 45 days; if it does neither, a compact is “deemed” approved under federal law.

The four compacts “have been deemed approved and there will be a notice in the Federal Register early next week,” Nedra Darling, a spokeswoman for the Bureau of Indian Affairs, confirmed late yesterday.

Federal law says that compacts “shall take effect” when notice of approval by the secretary of the interior “has been published . . . in the Federal Register.”

Darling said she could not explain why the compacts were approved before state legislation ratifying the deals had taken effect, much less before a scheduled statewide vote.

But it appears that federal officials wrestled with the delicate situation for at least the past month.

Bowen submitted the four compacts on the same day she sent in a compact for the Yurok tribe of Northern California. The Yurok compact, a small and relatively uncontroversial gambling agreement, was deemed approved by the Interior Department a month ago. Notification was published Nov. 2 in the Federal Register.

A spokeswoman for Gov. Arnold Schwarzenegger, who negotiated the agreements, called the unexpected development “good news.”

“The governor believes that these compacts are strong and that this action by the federal government upholds the validity of the compacts,” Sabrina Lockhart said.

However, the administration was assessing the many legal questions, including what it might mean for the pending ballot measures, Lockhart said.

“We are pleased that the federal government has approved the Pechanga compact,” Pechanga Chairman Mark Macarro said. “This approval reaffirms the validity of this comprehensive government agreement.”

Al Lundeen, spokesman for the campaign to overturn the compacts, said that despite uncertainty over legal issues, voters should still have the right to vote on the agreements.

“We have the right to the referendum process in California,” Lundeen said. “It certainly would be against the intent of the constitution to deny us of that right.”

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http://www.signonsandiego.com/uniontrib/20071201/news_1n1compacts.html