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HomeMy WebLinkAboutMINUTES - 06272006 - C.34 TO: BOARD OF SUPERVISORS c. SEA(,; CQntra a, FROM: SUPERVISOR FEDERAL GLOVER ALTERNATE MEMBER , ' ' Costa BAY AREA COUNTIES CAUCUS ., ;� County DATE: JUNE 27, 2006 SUBJECT: FEDERAL LEGISLATION ON "RESERVATION SHOPPING" SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: ADOPT the attached resolution supporting federal legislative efforts to limit "reservation shopping" and to ensure that any "grandfathering" of fee-to-trust and/or casino development applications be limited to those on file with the Bureau of Indian'AffairVprior to March 30, 2006. BACKGROUND/REASONS FOR RECOMMENDATION: At its June 15, 2006 meeting, the Bay Area Counties Caucus recommended that its member counties adopt a resolution similar to the one adopted by Sonoma County, which supports federal legislative efforts to limit reservation shopping currently allowed under the Indian Gaming Regulatory Act and to restrict grandfathering to applications on file prior to March 30, 2006. The Bay Area Counties Caucus recommendation resulted from Contra Costa County's report on the status of Indian Gaming legislation, the growing prevalence of Class II bingo-style slot machines and the recounting of our own frustrating experience with the fee-to-trust and casino development approval application process. The attached resolution generally supports limitations to reservation shopping and restrictions on any grandfathering to applications on file with Bureau of Indian Affairs prior to March 30, 2006. This resolution is consistent with past Board actions on Indian Gaming. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION/OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ONAPPROVE AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN �CUNANIMOUS(ABSENT AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED C( 12��� 4 CONTACT: Sara Hoffman JOHN CULLEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: County Administrator BACC(via cao) CSAC(via CAO) C UCC(via CAO) Cathy Christian,Nielsen,Merksamer -� DEPUTY AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema RESOLUTION NO. 900(,/4C� ` NOES: None ABSENT: None ABSTAIN: None Date: June 27, 2006 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, SUPPORTING AMENDMENTS T'O-THEJNDIAN GAMING REGULATORY ACT (IGRA) TO LIMIT"RESERVATION-SHOPPING" FOR: TRIBAL CASINO DEVELOPMENT AND IMPOSE NEW REQUIREMENTS ON ALIS PENDING AND FUTURE TRUST APPLICATIONS WHEREAS, the Contra Costa County Board of Supervisors has consistently opposed the establishment of Nevada-style casino gaming in the urbanized areas of Contra Costa; and WHEREAS, the Board of Supervisors strongly opposes the concept of"reservation shopping," whereby a tribe attempts to use its sovereign status to place lands within the County in trust to establish gaming operations outside of its ancestral territory; and WHEREAS, United States Senator John McCain and Congressman Richard Pombo have authored legislation(S.2078 and H.R. 4893, respectively) which include amendments to the Indian Gaming Regulatory Act (IGRA) intended to curtail the practice of reservation shopping by limiting the ability of tribes to take land acquired after 1988 into trust for gaming purposes; and WHEREAS, 5.2078 provides needed restrictions on reservation shopping by requiring that a"restored" tribe have a historical and geographic nexus to proposed trust land to be used for a casino and that any gaming establishment"not create significant, unmitigated impacts on the surrounding community"; and WHEREAS, S.2078 also limits the exception that allows a tribe to take land acquired after 1988 into trust for gaming purposes by eliminating the "two-part"test that allows such an acquisition based upon a finding by both the Secretary of the Interior and,the state Governor that a gaming establishment "would not be detrimental to the surrounding community"; and WHEREAS, Congressman Richard Pombo's legislation (H.R. 4893) limits reservation shopping by requiring that the State Legislature and Governor find that the proposed gaming activity would not be detrimental to the surrounding community and that there is a mitigation agreement between the tribe and impacted county; and WHEREAS, since introduction of these bills over 25 trust related gaming applications were filed with the BIA with at least 11 applications filed after March 29, 2006 for California tribes; and WHEREAS, gaming projects can have significant negative environmental and socioeconomic; impacts on the surrounding community; WHEREAS, the gaming practice of utilizing Class II bingo-style slot machines results in tribes being able to avoid all financial responsibility for community impacts resulting from their casino projects; and WHEREAS, Senator McCain's bill was amended to allow a cut-off date for applications to be considered under the two-part test to be extended from March 29, 2006 to at least April 15, 2006; and WHEREAS, Senator McCain indicated during a Senate Indian Affairs Committee Hearing that if there was a"flood of applications"he would ask that the Senate impose a March 29, 2006 cut-off date to consider pending gaming related trust applications that may not otherwise be allowed following elimination of the "two-part" test; and WHEREAS, Congressman Pombo is also considering a "grandfathering" date for his bill that would allow some pending applications to evade any new casino trust approval requirements; NOW, THEREFORE, BE IT RESOLVED, that the Contra Costa County Board of Supervisors supports imposition of approved IGRA amendments that limit reservation shopping on all currently pending as well as future gaming requests and that any "grandfathering"be limited to applications on file with the BIA prior to March 30, 2006; and BE IT FURTHER RESOLVED, that the Board of Supervisors authorizes the Board Chairman, as well as staff and County Counsel,to communicate the Board's position on this issue to Congress and to take other steps to support amendments to IGRA to limit"reservation- shopping" consistent with this Resolution.