Hearing April 2 on Carcieri v. Salazar - San Pablo Casino Bill

The Senate Indian Affairs Committee has scheduled a hearing on April 2 to address the U.S. Supreme Court decision in Carcieri v. Salazar. Sen. Byron Dorgan (D-North Dakota), the chairman of the committee, said he will be meeting with tribes and tribal organizations in advance of the hearing to discuss the decision.

Senate Passes San Pablo Casino Bill

Here’s another case of the federal government dealing against Indian country.

Last week the U.S. Senate unanimously approved a bill which will place a huge obstacle in the path of any future plans by the Lytton Band of Pomo Indians to expand their current 70,000-square-foot class II casino into a Nevada type casino offering Class III slots.

In a statement issued last Friday, Feinstein said," This legislation was broadly supported in the community and it means that the Lytton Band must go through the congressionally mandated application and review process before it can expand its Bay Area casino operations."

The bill, if passed by the House and signed by the President will repeal part of a 2000 amendment by Rep. George Miller, D-Martinez, that "backdated" 9-acres which were put into trust for the Lytton Band so it was deemed to have happened before Oct. 17, 1988 — the Indian Gaming Regulatory Act's effective date, after which gaming on newly acquired land requires rigorous bureaucratic review.

Eliminating this loophole will prevent the tribe from being able to operate class III slots without direct consent from the governor and U.S. Interior Secretary….a process that no California tribe has ever completed.

The Lytton Band had supported this bill when Feinstein introduced it in 2007 under the threat of complete closure of thier facility. The Senate passed the bill back then the House killed it.

In 2004, the tribe and Gov. Arnold Schwarzenegger agreed on a 2,500-slot-machine casino from which the state, county and city would share 25 percent of the revenue, but due to community opposition…yes communities do have a voice… the tribe realized that the state legislature would never ratify the compact. So, instead, they installed more than 1,000 electronic bingo terminals that look and play much like slot machines, but are permitted without a compact.