In March 2000, the voters of California overwhelmingly approved
Prop. 1A, which granted Indian tribes exclusive rights to conduct
certain gaming operations. In fact, 65 percent of California voters
voiced their support for Prop. 1A, while only 35 percent of voters
tried to defeat the measure. Voters in San Benito County approved
the measure by exactly the same nearly two-to-one margin.
In March 2000, the voters of California overwhelmingly approved Prop. 1A, which granted Indian tribes exclusive rights to conduct certain gaming operations. In fact, 65 percent of California voters voiced their support for Prop. 1A, while only 35 percent of voters tried to defeat the measure. Voters in San Benito County approved the measure by exactly the same nearly two-to-one margin.
A recent piece published in the Free Lance expresses concern over the example of a proposed casino in San Pablo that is suggested was imposed onto that community by an act of Congress. (“New compacts make anti-gaming arguments come true,” Tom Elias, Sept. 29, 2004). The concerns about what were called “gambling without representation” are well taken. Although the piece failed to understand that the tribe and local community had entered into agreements to develop the Casino at San Pablo and had both lobbied their own congressman for the passage of the act.
Like the Lytton Tribe, the California Valley Miwok Tribe will be seeking to enter detailed discussions and negotiations with the local governments that may be impacted by a proposed gaming facility in San Benito County. The tribe will also be soliciting information and comments from the local governments and community in order to identify, address and, where necessary, mitigate or compensate for direct and indirect impacts from a proposed gaming and entertainment facility in the county.
The most important thing for all of us to keep in mind is that the rules on tribal gaming are changing. Gov. Schwarzenegger is taking a tough and consistent line in the new standards he demands for the tribal gaming compacts he has negotiated. There may have been problems with some casinos elsewhere in the past, but the governor is applying those lessons to make certain that we never make the same mistakes again.
The governor has taken into account that tribal governments are increasingly becoming some of the largest employers in their areas and that tribal government employment is one of the fastest growing employment sectors in the state.
While the recent compacts acknowledge the tribes’ sovereignty and gaming rights, they also establish an important financial partnership between the tribes, local communities and the state. Increased state and local revenues are guaranteed and that translates into more money for social services, transportation, highway funding, education, housing and health care for all Californians. The new compacts help to ensure that local governments will be able to meet their law enforcement, fire protection and infrastructure needs. They also provide expanded rights and safeguards for casino employees and guests.
More jobs, more money for state and local economies, better environmental protection will be part of any new compact according to the governor. These are the provisions that he says must be in place for him to sign a compact:
Environmental protection: Under the new compacts, the tribes agree to prepare an Environmental Impact Report or its equivalent for new projects and to negotiate mitigation of off-reservation impacts with binding arbitration if negotiations reach an impasse.
Game integrity: The new compacts require that the casino adopt and enforce technical standards and specifications for gaming devices as strict as those approved by the gaming industry. These standards clearly address the concerns raised in your editorial.
Public safety: Under the new compacts, tribes agree to meet or exceed California Building Code and Public Safety Code standards on new construction, to allow the state to inspect construction in progress, and to permit the state to prohibit occupancy in any portion where there is a serious or significant risk to health or safety.
Patron disputes: The new compacts require the adoption of procedures ensuring that patron disputes will be handled in accordance with industry practice and principles of fairness. They too are subject to binding arbitration.
Tort claims: Tribes have to agree that California tort law and procedure will govern cases involving third party injury. Liability coverage is increased and binding arbitration may be applied to settle all claims.
Labor: Indian tribes, as sovereign governments, have not historically been subject to the National Labor Relations Act. The existing Tribal Labor Relations Ordinance, however, gives organized labor some rights at tribal casinos that no other California workers enjoy. The new compacts have generally required tribes to adopt procedures acceptable to the state for protecting workers’ organizational and representational rights. Tribes without existing arrangements with organized labor can agree to modify their Tribal Labor Relations Ordinance to provide workers with enhanced organizing rights in exchange for a no-strike clause.
As for law enforcement, under Public Law 280, local and state law enforcement has for decades and will continue to have criminal jurisdiction on Indian lands.
The additional cost of these law enforcement needs have been addressed by a number of tribes through intergovernmental agreements and specific payments into state controlled mitigation funds. The California Valley Miwok Tribe intends to try to work out solid cross deputization and/or other type of law enforcement agreements that will help San Benito County expand its law enforcement resources to address impacts relating to the operation of a casino resort in the County. The same will hopefully be done for emergency and fire services.
Tribal governments in California are federally recognized as sovereign nations. Under the leadership of Gov. Schwarzenegger, these new compacts are creating government-to-government relationships that ensure that tribal gaming will be a good deal for California overall and for the local communities where casinos operate.
The California Valley Miwok Tribe will be working in the spirit of these agreements and the governor’s leadership to meet the goals outlined by the governor and address the concerns of the local governments and members of the community.
