Joint CSAC/League Letter to the Governor

League of California Cities 1400 K Street, 4th Floor Sacramento, CA 95814	California State Association of Counties 1100 K Street, Suite 101 Sacramento, CA 95814

January 8, 2003

Dear Governor Davis:

In 1988, Congress enacted the Indian Gaming Regulatory Act (IGRA) as the federal statute governing Indian gaming in the United States. The system of regulation fashioned by Congress in the IGRA rests on an allocation of regulatory jurisdiction among the federal government, the state in which a tribe has land, and the tribe itself. IGRA makes Class III gaming lawful if authorized by tribal ordinance, if located in a state that permits such gaming, and if it is conducted in conformity with a compact. Existing compacts between the State of California and California Tribes place conditions on Indian gaming to achieve and preserve the environmental, public safety, and public health objectives of both state and local governments. Moreover, the existing compacts provide the state the authority and the flexibility to renegotiate their terms to ensure those objectives are met.

To this end, we are writing on behalf of the League of California Cities (League) and California State Association of Counties (CSAC) to request that you initiate negotiations with tribal governments pursuant to Section 10.8.3 subsection (b) of the Tribal-State Compact, and that the State pursue all other available options for improving existing and future Compact language. We also respectfully request that you provide an opportunity for city and county representatives to participate in the negotiations. Lastly, we have provided a list of considerations, which we believe are critical to future compact negotiations to ensure California communities are not negatively impacted.

We believe this is consistent with Tribal-State Compact Section 10.8.3(b), which states that the Governor may request negotiations for an amendment to Section 10.8 on the ground that the Section "has proven to be inadequate to protect the off-Reservation environment from significant adverse impacts resulting from Projects undertaken by a Tribe or to ensure adequate mitigation by the Tribe of significant adverse off-Reservation environmental impacts."

Since September 1999, construction and expansion of tribal casinos and other related businesses have continued at a pace and in such a manner as to impact communities throughout the state creating a myriad of significant economic, social, environmental, health, safety and other impacts. Without the authority to enforce environmental, and health and safety laws related to construction and expansion, local governments are solely responsible for ensuring off-reservation services are provided such as water, sewer, fire inspection and protection, rescue/ambulance service, food inspection, health and social services, law enforcement, roads, transit, flood control and other infrastructure and public services. Continuation of these critical services come at a price to the taxpayer, either in the form of higher taxes or through a reduction in "less essential" public services unless adequate funding or mitigation is provided.

Following is a list of the issues the League and CSAC put forth for your consideration in any future negotiations of the Tribal-State Compacts:

1. Require an Indian Tribe that plans to construct or expand a casino or other related businesses to seek review and approval of the local jurisdiction for such improvements consistent with state law and local ordinances including the California Environmental Quality Act, with the Tribal government acting as the lead agency and with judicial review in the California courts.
2. Require mitigation of off-reservation impacts consistent with environmental protection laws that are at least as stringent as those of the surrounding local community and CEQA.
3. Require written agreements between tribes and affected local agencies to ensure tribes are subject to local authority related to the infrastructure needs and services outlined above.
4. Require adequate compensation from the tribes to the local agency providing the government services that are required by the tribal casino or related businesses.
5. Ensure compensation to local agencies from the Special Distribution Fund for off-reservation mitigation coupled with other sources to ensure adequate compensation.
6. Require a judicially enforceable agreement between tribes and local jurisdictions on all of these issues before a new compact or an extended compact may become effective.
7. Establish appropriate criteria and guidelines to address future compact negotiations.

The League and CSAC appreciate your consideration of our request and look forward to a response to our request for negotiating the Tribal Compacts, providing city and county representation in that process, and inclusion of the suggested recommendations in relation to the negotiations. We believe these suggestions are critical to the citizens of California we mutually serve.

Sincerely,

Steven C. Szalay
Executive Director
California State Association of Counties

Chris McKenzie
Executive Director
League of California Cities