Feds Approve Land into Trust for Habematolel Pomo – County Also Approves

The source of the information below came from an article written by Elizabeth Larson of the Lake County News and has been re-printed here with permission.

Link: http://lakeconews.com/content/view/5106/764

The Habematolel Pomo of Upper Lake have received approval from the federal government to place land in trust to build a $35 million casino and Lake County is all for it.

Upper Lake is just North of Clear Lake which is East of Ukiah in Northern California.

The US Department of the Interior's Office of the Secretary has issued a “finding of no significant impact” – or FONSI – (the same thing they issued for the Chumash on the 6.9 acres they are looking to be put into trust) on the tribe's proposal to place an 11.24-acre site on Highway 20 in trust, said the tribe's attorney, Robert Rosette.

The Bureau of Indian Affairs approved the finding based, it said, on analysis and recommended mitigation measures in a May 2007 draft environmental assessment, as well as comments from the public, responses to those comments, the tribe's request for a reduction in acreage and the development of a final environmental assessment.

Rosette said the FONSI is an important legal entitlement that will allow the 200-member tribe to proceed with building a casino on its land next to the Upper Lake County Park.

“It's a significant victory in the grand scope of their project,” he said. “Emotionally, as well, it means an awful lot to this tribe to reestablish their land base.”

The last thing the tribe must do before it can break ground on the casino is to get an approved tribal gaming compact with the state, said Rosette. “That's certainly a priority now.”

Negotiating with Gov. Arnold Schwarzenegger for that compact hinged on the FONSI, since Schwarzenegger has had a policy of not negotiating with tribes unless their land already was in trust, said Rosette. The federal government must then approve the compact.

Rosette said there's an outside chance the tribe – which already has had preliminary meetings with representatives from the governor's office – might be able to have a compact ready to be approved by the state Legislature before it adjourns for its fall break in mid-September.

The relationship that the Habematolel Pomo and Lake County have should, in my opinion, serve as an example to others including our county and the Chumash.

On July 11, 2006, the county and the tribe entered into a detailed memorandum of understanding which County Chief Administrative Officer Kelly Cox said covers everything from law enforcement and traffic control, to adhering to state building code requirements, air quality issues, fire and emergency services, the tribe's willingness to support agri-tourism and address the impacts of problem gaming.

In addition, and this really impressed me, the tribe agreed to pay revenue in lieu of property tax as though the land were privately owned, and will pay taxes and fees like any regular developer. Cox said he thinks that, from the county government's standpoint, the result will be a plus on the revenue side.

“We had excellent negotiations with them,” Cox said. “They wanted to do the right thing, from day one.”

Cox also praised the tribe for the way it reached out to the county to create a positive working relationship.

The county also wanted to do the right thing and not take unfair advantage of the situation, said Cox, which meant not taking the path of some other local governments that have tried to extract millions from tribes. Rather, the county simply asked the tribe for agreements and fees that would be expected of any developer.

“I think we came up with a good agreement,” he said. “Neither one of us were trying to harm each other.”

The tribe has already proved true to its word; Cox said the Habematolel have contributed $378,000 to the Lake County Sanitation District for improvements to the sewer system that the casino will necessitate.

The tribe also offered its support of the Middle Creek Restoration Project, despite the fact that it will put a large portion of the 60 acres the tribe owns under water, said Cox.

Originally, the tribe had intended to put all 60 acres in trust, but Tribal Chair Sherry Bridges said in a written statement that, based on local government's concerns and those of area residents, the tribe and its executive council made “a great sacrifice” and scaled back the amount to the 11.24 acres.

Cox said a separate agreement, reached between the tribe and the county in June of 2007, covers that reduction in acres for the restoration project.

“There's a strong level of trust and credibility that's been established by this tribe with local government, as well as state and federal,” said Rosette.

He said the tribe has chosen to exercise its sovereignty in a new way, by reaching out to the various levels of government and the community. “There are several projects around the state that are following the same processes that Upper Lake is, they're just not moving with the same efficiency as Upper Lake is.”

That's because some tribes try to circumvent parts of the process and it ends up in delays, said Rosette, an expert in Indian gaming law who has represented other tribes in casino projects, including previously working for the Elem Colony on their recent casino efforts.

He said the Habematolel Pomo are aiming to set up a strong, mutually beneficial relationship that will work out for everybody.

Rosette added that the Habematolel “hope to be an example to other tribes.”

It’s been a long road for the tribe to reach this point and those who claim that these deals go down very quickly behind the public’s back are full of hot air.

Rosette said the FONSI finding is a final milestone for the tribe, which received its Restored Lands Determination last November in order to reestablish its reservation.

The Habematolel's lands in Lake County were lost in the 1950s under the federal “termination” policy, said Rosette.

A report from California Indian Legal Services said 38 California tribes lost their lands and federal recognition due to termination, with many of the tribes now seeking to have their status restored some through litigation.

The Habematolel were among those tribes that took their battle to court, winning a lawsuit against the United States in US District Court in 1983, with the court finding the tribe's termination was unlawful, Rosette said.

Yet, while they won in court, it didn't mean they received their land back. So Rosette said the tribe has worked since then to acquire new land suitable for tribal government purposes.

It also took the Habematolel 20 years to receive Bureau of Indian Affairs approval on a tribal constitution, said Rosette, which wasn't complete until 2004.

The constitution was another in a series of necessary steps, as it made the tribe's government legitimate in the eyes of the federal government, said Rosette.

Once the constitution was accepted, said Rosette, the tribe moved quickly to reestablish their land base, working on their deed of trust application in late 2005. That resulted in this latest approval to place their acreage in trust as “Indian Lands.”

A Process To Watch

We in the Santa Ynez Valley may someday find ourselves going through the process that follows so it may behoove interested parties to track this story.

The Pauma band opened a temporary casino in May 2001 on a 20-acre site in San Diego County. A metal-framed tent houses 1,090 slot machines and 22 table games.

The Pauma Band of Mission Indians negotiated a compact in 2004 to allow expansion of their current modest casino. Expansion may not take place until the tribe provides an environmental analysis of the expansion as required by terms of the compact and federal law. The process requires the tribe to work with the County government to mitigate off reservation impacts.

Gov. Arnold Schwarzenegger recently joined a group of residents and the county in criticizing the environmental report produced by the Pauma Band of Mission Indians on the planned expansion.

An attorney for the governor said in a letter dated Sept. 21 that the tribe's report is incomplete and not supported by sufficient analysis or evidence. The letter said that the tribe has not adequately addressed the project's effects on water usage, community aesthetics or police and fire services.

The letter may be found here: http://www.nctimes.com/pdf/paumagov.pdf

The letter is similar to one written last month by county officials criticizing the same report.

Pauma Chairman Chris Devers said in a written statement that the tribe is reviewing the state's comments and will respond in writing to the concerns.

A spokesman for the governor said the letter is part of the project's review process and is in response to a draft of the tribe's environmental analysis of the expansion. Once the tribe releases a final analysis, the administration will decide whether to seek a legal dispute resolution if it is not satisfied with the report, said Schwarzenegger spokesman Aaron McLear.

Because of American Indian tribes' status as sovereign nations, historically local governments have had no authority over tribal casino expansions. But tribes today, including the Pauma, have signed agreements with the state giving county officials room to negotiate with tribal officials about adding roads and other improvements to minimize the effects of casino development.

Neighbors of the tribe have said they are concerned about the size and scope of the planned casino, which is expected to increase traffic on rural Highway 76.

Two residents said last Tuesday that they have read and agree with the governor's letter."I think it's a very sensible letter," said Charles Mathews, who lives near the Pauma reservation. "Clearly, it reinforces the county's letter."

The tribe's environmental analysis, paid for by the tribe, concludes that the 23-story tower would have a less than significant effect on the valley's scenic vista. The Schwarzenegger administration disagreed with that assessment.

"The visual simulation of the proposed hotel tower alone confirm the project has the potential to degrade the off-reservation environment's visual quality," according to the letter written by Andrea Hoch, the governor's legal affairs secretary.

Other criticisms in the governor's letter on the report are:
It includes no documentation to support its conclusion that water supplies are sufficient to meet the project's demand.

There are no details regarding the tribe's plans to expand its fire department or whether neighboring fire departments are equipped to provide backup fire protection.

There is no discussion on how increased law enforcement service at the casino will affect law enforcement service elsewhere in the community.

This folk’s, is how the process works and it is a long drawn out affair so don’t believe the extreme alarmists in the Valley who seem to have hidden agendas and who tell you that it can happen very quickly and behind our backs.

It’s been 3 years since the Pauma’s amended compact and only now do they even have a draft of an EIR. A draft that the citizens of the community, San Diego County officials and the Governor say is lacking and inadequate and which may lead to legal dispute resolution. They still have a long road ahead of them.

The only step in this process which is behind closed doors is the initial negotiation with the Governor. But once the tribe and the Governor negotiate a deal then all the cards are on the table where anyone in the general public may speak out for or against.

The compacts must be approved by the Assembly and Senate which in the past has proven to be very, very difficult. If passed by the State Legislature the compact must then go to the Governor to sign then on to the Federal Government for approval. If the tribe ever gets that far then they MUST negotiate with the local governments and communities, as we see in the example above, to mitigate any impacts that the new compact may have on the communities involved.

If the tribe and the local government and communities cannot come to a consensus, then legal arbitration will be used to resolve any issues.

Source:
http://www.nctimes.com/articles/2007/10/03/news/top_stories/1_05_4910_2_07.txt

Juaneno Band of Orange County – 25 Year Wait Almost Over?

The Juaneno Band of Orange County, who has been petitioning the Bureau of Indian Affairs for 25 years for federal recognition, may finally get a decision this year. A tentative decision has been postponed three times in the past year but last week, the bureau asked for an additional 60 days and is promising to release its ruling by Nov. 26.

Along with recognition comes the right to acquire a reservation and build a casino which will have a dramatic effect on the balance of economic power in Southern California. The major casinos in northern San Diego as well as those in Riverside and San Bernardino counties depend on Orange and Los Angeles counties for a large share of their customers. A new casino in Orange County would most certainly divert these customers away.

“A well-positioned tribal casino in Orange County could do a phenomenal amount of business,” said Bill Eadington, an economics professor and gambling specialist from the University of Nevada, Reno.

It could “cut off the lifeline to many of the tribes in northern San Diego County,” said Doug Elmets, a spokesman for the Pala Band of Mission Indians, whose casino is one of the state's largest.

But Elmets and others aren't particularly concerned about an economic threat they consider a long-shot. Even if the tribe gets bureau approval, any casino project would still face many daunting obstacles.

“Just look at the number of tribes that have been federally recognized in recent memory,” Elmets said. “There aren't many.

“Then the process of getting land taken into trust (as a new reservation), getting a compact, having it ratified. . . . That would take years,” Elmets said.

The Bureau of Indian Affairs' track record suggests that the Juaneno band faces discouraging odds in its bid to join the nation's 561 federally recognized tribes. Since the Secretary of Interior established strict acknowledgment criteria in 1978, just 16 of 40 tribes that have gone through the process have been granted recognition.

The process, which can take decades, also appears to have become more contentious and political as Indian gambling has exploded into a $25 billion industry, with $7.6 billion of that in California.

In the past five years, two Connecticut tribes – the Eastern Pequots and the Schaghticokes – have had the bureau tentatively grant recognition, only to deny it later in the face of state and local opposition.

California has 107 federally recognized tribes, nearly a fifth of the nation's total. More than 60 other Indian groups in the state, including three in San Diego County, are seeking federal recognition. None is as far along as the Juaneno, which split into at least three factions while its petition was pending.

The Juanenos have occupied parts of Orange, San Diego, Los Angeles, Riverside and San Bernardino counties for thousands of years, tribal leaders say. Their ancestral home was in and around San Juan Capistrano, although they lost all their land in 1851, according to one Juaneno Web site.

Tribal leaders and their representatives declined to respond to requests for interviews, but have said in the past that the tribe is seeking formal federal status to preserve its culture and heritage.

But talk of a casino has always seemed to be part of the mix. One faction signed an agreement to build a casino with outside financial backers in 1995.

With a federal decision nearing, another contract purportedly linked to a future casino has surfaced, and powerful Washington lobbyists have been enlisted by two of the competing factions.

“It's clear that the purpose for the formation of this tribe is to have a casino in the middle of urban Orange County,” said Rep. John Campbell, R-Irvine, whose congressional district stretches from Dana Point to Newport Beach.

“The people of Orange County don't want that, and neither do I,” Campbell said. “If someone wants to create a tribe to preserve their cultural heritage, that's great. But they don't need a casino to do that.”

Campbell is preparing legislation that would impose a 25-year embargo on gaming for newly recognized tribes.

The revenue potential of an Indian casino in the Los Angeles metropolitan area, which includes Orange County, is almost incalculable. With nearly 13 million people, the region is second only to the 18.8 million people who live in the New York metropolitan area.

Like Orange County, Los Angeles County also has no federally recognized tribes. The closest Indian casino is 65 miles east on the San Manuel reservation in suburban San Bernardino.
With that enviable location, San Manuel's 180 members operate one of the nation's most profitable casinos, with 2,000 slot machines. A new compact will allow the tribe to add up to 5,500 more slots next year.

Jacob Coin, San Manuel's communications director, said the tribe would not interfere with the Juanenos' bid for recognition. “It's a fairness issue with regard to recognition,” Coin said. “Every tribe has a right to have a decision made on their application, and in this case, where it has taken that long, they have a right to know. If they pass muster, we'll congratulate them.”

Eadington, a national authority on gambling markets, said there's still untapped demand that could soften the impact an Orange County casino might have on outlying competitors.
A proposed casino there would almost certainly touch off a political firestorm such as the one that engulfed and ultimately killed a proposed 5,000-slot casino in San Pablo, a freeway-close suburb in the San Francisco Bay Area.

While states must negotiate gambling agreements with tribes, they don't necessarily have to approve mega-casinos in urban settings, Eadington said.

“There is an interesting public policy issue here,” Eadington said. Federal law says “tribes have the right to negotiate as equal partners against the state, but the state also has an interest in protecting the public interest.”

Full Article:
http://www.signonsandiego.com/uniontrib/20071003/news_1n3casino.html

Assembly and Senate Ratify San Manual Compact

The San Manuel Band of Mission Indians, who back in June rejected a MOA to its compact with Gov. Arnold Schwarzenegger believing that the nonbinding side agreements agreed to by the other four tribes set a bad precedent, yesterday saw their amended compact ratified by the state legislature. Upon being signed by the governor, the legislation would take effect Jan. 1. The compact still must be submitted to the U.S. Department of Interior for final approval.

Unlike memorandums of agreement that the other four tribes negotiated with the Assembly, San Manuel negotiated a narrower “letter of agreement” with the governor.

San Manuel agreed to adhere to existing federal minimum operating standards and to provide the state with copies of annual financial audits, including those that it must submit to the National Indian Gaming Commission.

But, in contrast to the other tribes, San Manuel's side agreement does not address problem gambling or require tribal enforcement of spousal and child support orders. San Manuel already has a comprehensive program to combat compulsive gambling, and the tribe requires its employees to comply with family support orders.

That was good enough for the Assembly. The measure containing the side agreement was amended into a Núñez bill.
The San Manuel compact now enjoys relatively broad support and seems certain to avoid facing a referendum, like those pending against the other four tribes: Sycuan of El Cajon, Pechanga of Temecula, Morongo of east Riverside County and Agua Caliente of Palm Springs. If enough signatures are gathered, the referenda will be on the Feb. 5 ballot.

UNITE HERE and the California Labor Federation, the state's dominant labor organization, support San Manuel's agreement.
“They've negotiated a contract and their workers have a voice on the job and we think that's the most important thing,” said Jack Gribbon, UNITE HERE's point man in California. “But there are many other issues of importance to taxpayers and other tribes in the state.”

Gribbon said San Manuel would not have been included in the referenda drive. It's doubtful that two other tribes – Pala of San Diego County and United Auburn of suburban Sacramento – and two horse racing tracks that are also financing the signature gathering would proceed independently against San Manuel. Spokesmen for two tribes and the tracks declined to comment.

San Manuel's tribal leaders have told state officials that they plan to add 3,000 slots as soon as possible.

On a side note concerning the referendum effort, Cheryl Schmit, leader of the gambling watchdog Stand Up for California, has accepted a paid position to help the campaign expand the coalition opposed to compacts for the four tribes who signed the MOA’s.

The administration, Schmit said, "developed a very focused public policy on gaming" in it's earlier compacts. The pending agreements, she said "are nothing more than business deals" that encourage massive expansions.

A spokesman for the four tribes noted the agreements contain the same broad local community and environmental protections that the administration developed and folded into all of its tribal compacts.

"Here you have somebody who has been a longtime advocate for local protections trying to undo them," said Roger Salazar. "That strikes us as kind of curious, if not hypocritical."


Full Articles:
http://www.signonsandiego.com/uniontrib/20070907/news_1n7sanman.html http://weblog.signonsandiego.com/news/breaking/2007/09/gambling_watchdog_joins_campai.html

Tribe – County MUST Negotiate Deal Before Casino Expansion

POLO-POSY and company have constantly argued that our local governments and citizens are powerless when it comes to Casino expansion. They say we will have no say whatever if the Chumash decide to pursue expansion. Here is a perfect example of what will really happen should the Chumash negotiate a deal with the Governor.

For the second time in less than two weeks, Pauma Valley residents had a chance Wednesday to express their concerns over the planned expansion of Casino Pauma.

Last week, the Pauma Band of Mission Indians, which owns the casino, hosted a meeting on the project attended by about 60 residents, who said increased traffic on Highway 76 was one their main concerns. The same topic drew about 30 people Wednesday to the Pala-Pauma Sponsor Group's regular meeting.

Though many of the residents said they were frustrated over the project, Joe Chisholm, chairman of the group, said discussions could help address some of the residents' concerns. The group advises county planners on land-use matters in the area.

"Trying to work with them (the tribe) seems to get more than saying, 'no way,' " he said.

(gee, what a novel idea)

Chisholm recommended writing a letter to the county that officials could use in negotiations with the tribe. The letter would include a list of recommendations that would improve safety on nearby roads, including placing a signal at the intersection of Pauma Reservation Road and Highway 76.

Other recommendations included building a parking lot at Interstate 15 and Highway 76 with shuttles for casino employees and patrons.

The Pauma band released an environmental report last month on the project that said the facility would increase traffic on Highway 76, a rural road leading to the reservation from Interstate 15.

Chris Devers, chairman of the Pauma band, told the residents last week that his tribe would consider their comments in the environmental review process. He said after the meeting that some of the apparent frustrations may have been because of the residents' lack of familiarity with the report.

Among other things, the report recommended that the tribe help pay for improvements to ramps connecting Highway 76 to Interstate 15, improve segments of the highway and improve the highway intersection at Pauma Reservation Road.

Under an agreement with the state, the tribe is required to negotiate a deal with the county to address some of those problems before it can start construction.

In July, the county and the Pala band announced an agreement that the tribe would pay more than $38 million to improve roads near its casino east of Fallbrook.

Pala also agreed to pay among other things $200,000 a year for Sheriff's Department services, $150,000 for gambling addiction treatment and $15,000 for criminal prosecution of gambling related crime.

The Pauma band opened a temporary casino six years ago on its reservation north of Valley Center, 11 miles east of Interstate 15. The casino houses 1,090 slot machines and 22 table games.

Last year, the Pauma tribe announced it would build a $300 million casino and hotel with the help of its partners, the Mashantucket Pequots' Foxwoods Development Co.

The new casino would house up to 2,500 slot machines, 50 table games and 10 poker tables, according to the report. A 23-story hotel would include 384 rooms, 16 villa-style suites, a spa, pool and gardens.


Article:
http://weblog.signonsandiego.com/news/breaking/2007/09/gambling_watchdog_joins_campai.html

Rohnert Park - Federated Indians of Graton Rancheria Casino?

Anyone interested in how local governments and communities do play a major role in deciding whether casinos open or expand in their areas should keep an eye on this one. It will be very interesting to see how this one plays out and may be a snap-shot of things to come for our valley should the Chumash ever seek major expansion.

Rohnert Park is a community of about 40,000 and is about 50 miles north of San Francisco. It is also the home of the Federated Indians of Graton Rancheria who were officially recognized by the U.S. government on December 27, 2000.

In the spring of 2003, the Federated Indians of Graton Rancheria announced their intention to build a casino development on 2,000 acres fronting San Pablo Bay near Sears Point in Sonoma County. After much opposition from elected officials, environmentalists, and county residents, the Tribe withdrew their proposal for the bay front site. In the summer of 2004, the developer (Las Vegas-based Station Casinos) and the Tribe selected a 360-acre site just outside the northwest corner of Rohnert Park's urban growth boundary for their proposed casino development.

The tribe has a very long uphill battle. They must first transfer their land into federal trust and then negotiate a state gaming compact with the governor. Two hurdles that industry experts said could take years to clear.

'They have a lot of mountains to climb,' said Howard Dickstein, a Sacramento attorney who represents tribes seeking casinos. 'It's obviously three to four years off.'

It is reported that they are currently negotiating with the governor this month. County Deputy Administrator Lori Norton said any negotiation at this point is premature. She said there are plenty of hoops for the tribe to jump through before talks can begin, such as completing an environmental impact report and placing the land in question into trust.

The environmental study begun in February 2004 is required by the U.S. Department of the Interior. Its purpose is to analyze the effects of the casino, its proposed 300-room hotel and a performing arts center on such things as wastewater disposal, ground-water depletion, winter flooding and traffic.

The study is a prerequisite for the trust application and a compact with Governor Arnold Schwarzenegger. A draft was prepared earlier this year and circulated among cooperating government agencies. It was returned with comments and is being processed for public viewing. When complete, the study will be released to the public for at least 60 days, during which time a hearing will be conducted to review environmental impacts and measures to resolve them.

Like I have mentioned before….these “deals” do not happen overnight, or in a few weeks or out of sight or reach of the general public. The people of Rohnert Park and their local government officials will have years of voicing their opinions, pro or con, on this issue and it is my opinion that they will play a major role in deciding whether or not the Graton Rancheria Tribe get their casino or not.
Keep an eye on this one……

Sources:
http://en.wikipedia.org/wiki/Federated_Indians_of_Graton_Rancheria http://www.kcbs.com/pages/833549.php?contentType=4&contentId=819093

San Diego County – Pala Strike Deal

Part of the Pala Band of Mission Indians amended compact which was negotiated with Gov. Arnold Schwarzenegger last November required that they work with San Diego County to determine what impact the expansion of the casino would have (basically an EIR) and then to come to an agreement with the county on a deal to offset or mitigate these impacts.

This, by the way, is part of the “blue print” that all Tribes must abide by when they seek to expand their casino. It will be part of any future Chumash amended compact should they ever decide to pursue it ….which may be never.

The deal stuck between San Diego County Supervisors and The Pala is being viewed as a model for other County-Tribal negotiations. The Pala agreed to a $38 million-plus deal with the county yesterday.

Supervisor Bill Horn said, “I’d like to thank Pala for stepping up to the plate and agreeing to the most substantial mitigation packages we've seen from a tribe in our county."

Referring to the other eight tribal casinos that have sprung up across the county, Supervisor Dianne Jacob said, "I hope some of the other tribes take note,"

Supervisor Greg Cox said he had been tracking other California counties' attempts to negotiate their own deals with tribal casinos. "I don't think there's any agreement that's been reached by any other tribal government that would come anywhere close to what this agreement would cover," he said.

John Snyder, director of the county's department of public works, praised tribal negotiators for negotiating "professionally and sincerely."

Under the terms of the deal with the county, the $38 million would be used to improve various stretches of Highway 76 -- which Horn called "one of the most dangerous in the state." In addition, the tribe has agreed to pay more than $400,000 a year for law enforcement, criminal prosecution and gambling-addiction treatment services. That would be broken down into $200,000 a year for the Sheriff's Department; $150,000 a year for gambling treatment; $15,000 a year for criminal prosecution; and $6,000 a year for a project that will involve a tribal liaison for the San Diego district attorney's office.

Source:
http://www.nctimes.com/articles/2007/08/02/news/inland/3_01_188_1_07.txt

Opinion - Impact of Ratified Compacts

I stated earlier in the year that I believed that the fate of these compacts would play a major role in any future plans the Chumash may have of adding more slot machines. These amended compacts, if approved by the Dept of Interior, have set a precedent for all Indian casinos in the state, but I contend that due to the uniqueness of the valley (we are not out in the middle of the desert alongside an 8 lane interstate) and the space restraint that the Chumash have as well as the “new rules” concerning putting land into trust (http://rml-sulumhasscientia.blogspot.com/2007/05/more-on-off-reservation-gaming.html) that it will be very difficult for them to expand with 5000 more slots. Some expansion will probably occur and in the short term it will likely be parking and hotel rooms, but if and when the Chumash ever decide to seriously seek to amend their compact to add more slots, rest assured, there will be plenty of time for public debate and input and the people who live in the valley and surrounding communities as well as local city and county governments will play a major role in the eventual outcome. It will not happen overnight behind closed doors and it will not happen in “only a few weeks before it becomes reality”. It will be a long, drawn out public debate and if we ever get to that point, my hope is that the debate will be one where calm rational discussions occur, where all sides state their cases with respect for the opposing views. The alarmist propaganda we have seen in the past was not in the best interest of the people of this valley and by now I hope the people who generated it will realize that.

Governor Schwarzenegger Announces Memoranda of Agreement with Four Tribes

Office of The Governor: http://gov.ca.gov/index.php?/press-release/6808/

06/27/2007 - GAAS:516:07 - FOR IMMEDIATE RELEASE

Governor Schwarzenegger today announced memoranda of agreement (MOAs) have been signed with the Pechanga Band of Luiseño Indians; the Sycuan Band of the Kumeyaay Nation; the Agua Caliente Band of Cahuilla Indians and the Morongo Band of Mission Indians. The MOAs are government-to-government agreements with enforcement provisions that are separate and apart from the 2006 compact amendments.

"These agreements will enhance our already-strong compacts and will give the Legislature the assurances they need to approve the compacts, which will bring in much-needed revenue for vital services and programs that Californians rely upon," said Governor Arnold Schwarzenegger. "I have said all along that these compacts will benefit California, the local communities and the tribes. Once again, we have proven that by setting partisan differences aside and working together, we can do what is in the best interest for California.

"Under the memoranda of agreement, tribes will:

* Require their Gaming Facility employees to comply with state court and agency orders pertaining to child, family, and spousal support.

* Provide to the state documents related to their workers' compensation system if they have not entered into the state's system.

* Establish comprehensive programs to address problem gambling. The programs will include:

o Training of employees to identify and manage problem gambling.
o Posting of signage with information for patrons on where to obtain assistance for gambling problems.
o Exclusion programs for problem gamblers.
o Efforts to prevent underage individuals from loitering in areas where gaming occurs.
o Assurances that marketing and advertising contain a responsible gambling message.

* Maintain and implement minimum internal control standards for class III gaming that are no less stringent than those contained in the Minimum Internal Control Standards (MICS) of the National Indian Gaming Commission (NIGC) until such time as the State Gaming Agency has regulations in effect that contain standards as stringent as the MICS and the NIGC regains authority to adopt and enforce MICS.

* Agree to submit to enforcement and auditing by the state to ensure the tribes are in compliance with the MICS.

* Provide copies of financial audits to the state, including any class III gaming audits submitted to the NIGC.

In addition, the tribes and state agree that any disputes that occur under the MOAs will be resolved first by good-faith negotiations. Disputes that are not resolved by negotiation may be submitted to binding arbitration. The arbitration award may be enforced in federal or state court.

These four tribes' amendments to their gaming compacts with the state are currently pending ratification by the State Assembly. The State Senate has already ratified the amendments. The compact amendments were signed by the Governor and the Tribal Chairs last August.

Copies of the MOAs are attached.

Pechanga MOA - http://gov.ca.gov/pdf/press/MOA_Pechanga.pdf
Agua Caliente MOA - http://gov.ca.gov/pdf/press/MOA_Agua_Caliente.pdf
Morongo MOA - http://gov.ca.gov/pdf/press/MOA_Morongo.pdf
Sycuan MOA - http://gov.ca.gov/pdf/press/MOA_Sycuan.pdf

Tribal Leaders Meet With Assembly Speaker Núñez

On Monday of this week tribal leaders returned to the State Capitol to meet with Assembly Speaker Fabian Núñez to resume conversations regarding the 5 amended compacts now before the Assembly.

Mark Macarro, chairman of the Pechanga Band of Luiseño Indians, characterized the talks as serious. "Before we were talking,'' he said "Now we're really talking.''

Article Here:
http://www.thedesertsun.com/apps/pbcs.dll/article?AID=/20070605/NEWS06/706050311/1003/business