Bill Text: CA SB49 | 2025-2026 | Regular Session | Introduced
Bill Title: Tribal gaming: compact amendment ratification.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2024-12-17 - From printer. May be acted upon on or after January 16. [SB49 Detail]
Download: California-2025-SB49-Introduced.html
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Senate Bill
No. 49
| Introduced by Senator Grove (Coauthor: Assembly Member Tangipa) |
December 16, 2024 |
An act to add Section 12012.117 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 49, as introduced, Grove.
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 amendments between the State of California and the Big Sandy Rancheria of Western Mono Indians of California, executed on December 12, 2024, to (1) extend the terms of the existing tribal-state gaming compact, executed on September 10, 1999, and (2) include provisions in the tribal-state gaming compact, executed on January 16, 2024, to ensure the Big Sandy Rancheria of Western Mono Indians of California retains its exclusivity over Class III gaming operations within the state. The bill would provide that, in deference to tribal sovereignty, certain actions related to these amendments 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 12012.117 is added to the Government Code, to read:12012.117.
(a) (1) The third amendment between the State of California and the Big Sandy Rancheria of Western Mono Indians of California, executed on December 12, 2024, 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.) for the sole purpose of extending the terms of the existing tribal-state gaming compact, executed on September 10, 1999, is hereby ratified.(2) (A) The Legislature finds and declares that the tribal-state gaming compact between the State of California and the Big Sandy Rancheria of Western Mono Indians of California, executed on January 16, 2024, and ratified by Assembly Bill 2032 (Chapter
304 of the Statutes of 2024), was disapproved by the United States Secretary of the Interior under 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.) due to the absence of statewide exclusivity provisions for Class III gaming operations.
(B) The amendment between the State of California and the Big Sandy Rancheria of Western Mono Indians of California, executed on December 12, 2024, 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.) to include provisions in the tribal-state gaming compact, executed on January 16, 2024, to ensure the Big Sandy Rancheria of Western Mono Indians of California retains exclusivity over Class III gaming operations within the state, is hereby ratified.
(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.
(F) The construction of any infrastructure project that provides ingress and egress across fee land owned by the tribe onto land held in trust by the United States for the benefit of the tribe.
(G) The development and expansion of an electrical substation undertaken to support a tribal facility located on land held in trust by the United States for the benefit of the tribe.
(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 Big Sandy Rancheria of Western Mono Indians of California, and to protect the interests of these tribes and their members, the surrounding communities, and the California public at the earliest possible time, it is necessary that this act take effect immediately.
