HomeMy WebLinkAboutMINUTES - 12142004 - C53 t
t -s
* r CONTRA
TES. BOARD OF SUPERVISORS
ISORS
:. COSTA
* a $
FROM: Jahn Sweeten County Administrator COUNTY
4
DATE: December 14,2004
SUBJECT: REVISED CSAC PULLY ON TRIBAL LAND DEVELOPMENT AND ACTIVITY
UPDATE
SPECIFIC REQUEST(S) OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
1. ENDORSE the CSAC revised policy document regarding development on tribal lands as adopted by the
CSAC Board of Directors on November 181, 2004.
2. ACCEPT the report on Indian ging activities.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Contra Costa Board of Supervisors endorsed the original CSAC policy document regarding compact
negotiations for Indian gaming adopted by the CSAC Board of Directors on February 6, 2003. The policy
recommended that Tribal-State Compacts be amended to require environmental review and mitigation impacts'of
casino projects, clear guidelines for county jurisdiction over health and safety issues, payment by tribes of their
fair share of the cost of local government services and the reaching of enforceable agreements by the tribes and
counties on these matters. At that time, the issue of Indian gaming was largely one affecting rural areas and
lands that historically were Indian reservations.
Since then, the Indian gaming issue has expanded into other development on Indian land as well as acquisition of
new tribal land in urban areas. Recognizing this shift, the CSAC Indian working Group directed the County
Counsels' Association's Native American Tribal Lands Committee to draft an additional policy for consideration
by the CSAC Board of Directors that addresses these issues, emphasizing the need for both counties and tribal
governments to carry out their governmental responsibilities in a manner that respects the governmental
responsibilities of the other. (Revised policy attached) The CSAC Board approved the revised policy on
November 181, 2004.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATI10h BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED O R
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS(ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPERVISOR ON THE DATE SHOWN.
Contact: Sara Ho#frnarn,335-1090
ATTESTE -
cc: CAO JOHN SWEETEN,CLERK OF
Indian Gaming Workgroup(via CAO) THE BOARD OF SUPERVISORS
CSAC(via CAO) AND COUNTY ADMINISTRATOR
BACKGROUND/REASON(S)FOR RECOMMENDATIONS (cont'd):
Endorsement of the revised CSAC Indian Gaming Policy would be consistent with the Board of Supervisors past
actions.
Update on Indian Gaming Activities
The Ad Hoc Indian Gaming Committee of the Board of Supervisors met on November 9,, 2004. At the time, it
heard a status report on the various casino proposals as well as reviewed a Strategic Action Plan(attached).
Scotts Valley Band of the Pomo Indians — The Scoping Report for the EIS for the Scotts Valley Band's land
trust acquisition proposal has been completed as of December 6, 2004. Upon receipt, staff will distribute it to
the Indian Gaming Workgroup for review.
Lytton Rancheria— As of the first of December, a representative from the National Indian Gaming Commission
informed County staff that the Scoping Report for the Lytton Rancheria EIS was approximately "one month"
from completion. Also, apparently the State Legislature will not be considering the proposed Tribal-State
Compact until after the first of the year.
December 6, 2004
TO: CSAC Board of Directors
Members, CSAC Housing,Land Use,and Transportation Committee
Members, CSAC Indian Gaining Working Group
County Counsels
FROM: DeAnn Baker, CSAC Legislative Representative
SUBJECT: Revised CSAC Indian Gaming Policy
As you may know,the CSAC Board of Directors adopted the Revised CSAC Indian
Gaming Policy on November 18,2004 and a copy is attached for your information.
The attached revised policy reflects the discussion of the Indian Gaming Working Group
and the subsequent additional policy which was adopted to address recent legislation at
the federal level as well as the increased use of reservation shopping. Also attached is the
original CSAC Indian Gaming Policy which was adopted M* February 2003 and is still in
affect.
If you have any questions or comments about the adopted policy on Indian Gaining
please contact DeAnn Baker at CSAC (916.327.7500 ext. 509 or dbaker(&,counties.org).
CSAC Revised Policy Document Regarding
Development on Tribal Lands
Adopted by CSAC Board of Directors
November 18, 2004
Background
On February 6, 2003,CSAC adopted a policy which urged the State of California
to renegotiate the 1999 Tribal-State Compacts which govern casino-style gambling
for approximately 65 tribes. CSAC expressed concern that the rapid expansion of
Indian ging since 1999 created a number of impacts beyond the boundaries of
tribal lands, and that the 1999 compacts failed to adequately address these impacts.
The adopted CSAC policy specifically recommended that the compacts be amended
to require environmental review and mitigation of the impacts of casino projects,
clear guidelines for county jurisdiction over health and safety issues,payment by
tribes of their fair share of the cost of local government services,and the reaching of
enforceable agreements between tribes and counties on these matters.
In late February, 2003,Governor Davis invoked the environmental issues re-
opener clause of the 1999 compacts and appointed a three member team, led by
former California Supreme Court Justice Cruz Reynoso,to renegotiate existing
compacts and to negotiate with tribes who were seeking a compact for the first time.
CSAC representatives had several meetings with the Governor's negotiating team and
was pleased to support the ratification by the Legislature in 2003 of two new
compacts that contained most of the provisions recommended by CSAC. During the
last days of his ad inistration,however, Governor Davis terminated the renegotiation
process for amendments to the 1999 compacts.
Soon after taking office, Governor Schwarzenegger appointed former Court of
Appeal Justice Daniel Kolkey to be his negotiator with tribes and to seek amendments
to the 1999 compacts that would address issues of concern to the State,tribes, and
local governments. Even though tribes with existing compacts were under no
obligation to renegotiate, several tribes reached agreement with the Governor on
amendments to the 1999 compacts. These agreements lift limits on the number of
slot machines,require tribes to make substantial payments to the State, and
incorporate most of the provisions sought by CSAC. Significantly,these new
compacts require each tribe to negotiate with the appropriate county government on
the impacts of casino projects,and impose binding"baseball style"arbitration on the
tribe and county if they cannot agree on the terms of a mutually beneficial binding
agreement. Again, CSAC was pleased to support ratification of these compacts by
the Legislature.
The vroblems with the 1999 compacts remain largely unresolved,however,since
'0' %.W W
most existing compacts have not been renegotiated. These compacts allow tribes to
develop two casinos,expand existing casinos within certain limits,and do not restrict
casino development to areas within a tribe's current trust land or legally recognized
aboriginal territory. In addition,issues are be 4. to emerge with non-gaming
tribal development projects. In some counties, land developers are seeking
partnerships with tribes in order to avoid local land use controls and to build projects
which would not otherwise be allowed under the local land use regulations. Some
tribes are seeking to acquire land outside their current trust land or their legally
recognized aboriginal territory and to have that land placed into federal trust and
beyond the reach of a county's land use jurisdiction.
CSAC believes that existing law fails to address the off-reservation impacts of
tribal land development,particularly in those instances when local land use and health
and safety regulations are not being fully observed by tribes in their commercial
endeavors. The purpose of the following Policy provisions is to supplement CSAC's
February 2003 adopted policy through an emphasis for counties and tribal
governments to each carry out their governmental responsibilities in a manner that
respects the governmental responsibilities of the other.
Polio
1. CSAC supports cooperative and respectful government-to-government relations
that recognize the interdependent role of tribes,counties and other local
governments to be responsive to the needs and concerns of all members of their
respective communities.
2. CSAC recognizes and respects the tribal right of self-governance to provide for
the welfare of its tribal members and to preserve traditional tribal culture and
heritage. In similar fashion, CSAC recognizes and respects the counties" legal
responsibility to provide for the health, safety,environment,infrastructure, and
general welfare of all members of their communities.
I CSAC also supports Governor Schwarzenegger's efforts to continue to negotiate
amendments to the 1999 Tribal-State Compacts to add provisions that address
issues of concern to the State,tribes,and local governments. CSAC reaffirms its
support for the local government protections in those Compact amendments that
have been agreed to by the State and tribes in 2004.
4. CSAC reiterates its support of the need for enforceable agreements between tribes
and local governments concerning the mitigation of off-reservation impacts of
development on tribal land. CSAC opposes any federal or state limi
including the provision of public safety,health,environmental, infrastructure, and
general welfare services throughout their communities.
6. CSAC supports federal legislation to provide that lands are not to be placed into
trust and removed from the land use jurisdiction of local governments without the
consent of the State and the affected county.
7. CSAC opposes the practice commonly referred to as"reservation shopping"
where a tribe seeks to place land into trust outside its aboriginal territory over the
objection of the affected county.
8. CSAC does not oppose the use by a tribe of non-tribal land for development
provided the tribe ftdly complies with state and local government laws and
regulations applicable to all other development, including full compliance with
environmental laws,health and safety laws, and mitigation of all impacts of that
development on the affected county.
3
Original CSAC Policy Document Regarding
Compact Negotiations for Indian Gaming
Adopted by the CSAC Board of Directors
February 6, 2003
In the spirit of developing and continuing government-to-government
relationships between federal, tribal, state, and local governments, CSAC specifically
requests that the State request negotiations with tribal governments pursuant to section
10.8.3, subsection (b) of the Tribal-State Compact, and that it pursue all other available
options for improving existing and future Compact language.
CSAC recognizes that Indian Gaming in California is governed by a unique
structure that combines federal, state, and tribal law. While the impacts of Indian gaming
fall primarily on local corrununities and governments, Indian policy is largely directed
and controlled at the federal level by Congress. The Indian Ging Regulatory Act of
1988 is the federal statute that governs Indian gaming. The Act requires compacts
between states and tribes to govern the conduct and scope of casino-style gambling by
tribes. Those compacts may allocate jurisdiction between tribes and the state. The
Governor of the State of California entered into the first Compacts with California tribes
desiring or already conducting casino-style gambling in September 1999. Since that time
tribal gaming has rapidly expanded and created a myriad of significant economic, social,
environmental,health, safety, and other impacts.
CSAC believes the current Compact fails to adequately address these impacts
and/or to provide meaningful and enforceable mechanisms to prevent or mitigateIMP acts.
The overriding purpose of the principles presented below is to harmonize existing
policies that promote tribal self-reliance with policies that promote fairness and equity
and that protect the health, safety, environment, and general welfare of all residents of the
State of California and the United States. Towards that end, CSAC urges the State to
der the following principles when it renegotiates gotiates the Tribal-State Compact:
I A Tribal Government constructing or expanding a casino or other related
businesses that impact off-reservation2 land Will seek review and approval
of the local jurisdiction to construct off-reservation 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. A Tribal Government operating a casino or other related businesses will
mitigate all off-reservation impacts caused by that business. In order to
ensure consistent regulation, public participation, and maximum
environmental protection, Tribes will promulgate and publish
2 As used here the term"reservation"means Indian Country generally as defined under federal law,
and includes all tribal land held in trust by the federal government. 18 U.S.C. § 1151.
4
environmental protection laws that are at least as stringent as those of the
surrounding local co, iunity and comply with the California
Environmental Quality Act with the tribal government acting as the lead
agency and with judicial review in the California courts.
3. A Tribal Government operating a casino or other related businesses will
be subject to the authority of a local jurisdiction over health and safety
issues including, but not limited to, water service, sewer service, fire
inspection and protection, rescue/ambulance service, food inspection, and
law enforcement, and reach written agreement on such points.
4. A Tribal Government operating a casino or other related businesses will
pay to the local jurisdiction the Tribe's fair share of appropriate costs for
local government services. These services *include, but are not limited to,
water,, sewer, fire inspection and protection, rescue/ambulance, food
inspection, health and social services, law enforcement, roads, transit,
flood control, and other public infrastructure. Means of reimbursement for
these services include, but are not limited to, payments equivalent to
property tax, sales tax, transient occupancy tax, benefit assessments,
appropriate fees for services, development fees, and other similar types of
costs typically paid by non-Indian businesses.
5. The Indian Gaming Special Distribution Fund, created by section 5 of the
Tribal-State Compact Will not be the exclusive source of mitigation, but
will ensure that counties are guaranteed funds to mitigate off-reservation
impacts caused by tribal gaming.
6. To fully implement the principles announced in this document and other
existing principles in the Tribal-State compact, Tribes Will meet and reach
a judicially enforceable agreement with local jurisdictions on these issues
before a new compact or an extended compact becomes effective.
7. The Governor should establish and follow appropriate criteria to guide the
discretion of the Governor and the Legislature when considering whether
to consent to tribal gaming on lands acquired in trust after October 17,
1988 and governed by the Indian Gaming Regulatory Act. 25 U.S.0 §
2719. The Governor should also establish and follow appropriate
criteria/guidelines to guide his participation in future compact
negotiations.
5
11109104
DRAFT
Strategic Action Plan
Indian Casino Proposals
Information Gathering
El Gather samples of
— Relevant laws and regulations
Municipal Services Agreements
Impact analyses
State-Tribal Compacts
Local policies
Talk to department counterparts in other jurisdictions
— Learn about their experiences and their advice on approach, process, scope, cost,,
etc.
❑ Newspaper articles
— Monitor the media for newspaper articles and distribute them to the Workgroup
and interested parties
El Briefing sessions
— Attend information and other briefing sessions on the issue of Indian gaming
(such as the CSAC Annual Meeting)
— Attend community meetings on specific casino proposals
Public Information
Prepare a briefing paper on Indian casinos in general and on the status of casino
proposals in Contra Costa County
❑ Respond to requests for information on Indian casino proposals
U 'W i
Coordination and Liaison
0 Maintain ongoing liaison with other agencies/parties interested in specific casino
proposals(including but not limited to Brookside Hospital, City of San Pablo, City of
Richmond'. City of Orinda, and the Contra Costa County Emergency Medical Care
Committee)
❑ Coordinate within Contra Costa County agencies
❑ Use Board of Supervisors standing committees for referrals.
J
11/09/04
DRAFT
Public Policy
Endorse the CSAC policy on development on tribal landoard action,
(B May 2004) and
support its implementation
❑ Participate with the County Counsels' Association in reviewing California State
Association of Counties(CSAC)policy on Indian Gaming
❑ Participate in CSAC and Urban Counties Caucus activities regarding Indian gaming
g g g g
❑ Monitor Stare policy and positions on Indian gamin in general and Contra Costa County
g g
casino proposals, specifically
❑ Inform our state and federal legislative delegations of our interest in Indian gaming issues
g g g
Adopt a policyPosition on ballot initiatives regarding Indian gaming(the Board adopted
an opposition position to both Propositions 68 and 70)
Indian Casino Proposals
Comment on the scope of the Environmental I
pmpact Statements(EIS)for Indian casino
proposals in Contra Costa County, as appropriate(Scotts Valley Band and Lytton
Rancheria)
❑ Monitor the development of the EISs and comment on them as appropriate durin the
g
process
❑ Disseminate information regarding the EISs as information becomes available
g g
❑ Participate in meetings regarding the EISs as appropriate
❑ Maintain liaison with Indian casinoro sal s appropriate
P Po P sponsors as
❑ Continue to be guided by State policy with regard to Indian casino proposals
El Take such actions as necessary to represent community interests and to meet service
demands with regard to Indian casino proposals
=Action completed
❑ =Action on-going or not yet completed