Tuolumne County Indian tribe proposes expanding reservation
4/11/2008, Fresno Bee
(Note: an act of Congress is an exception under IGRA) A Tuolumne County Indian tribe is celebrating the Bush administration's recent support for a bill that would expand their reservation. The federally recognized Tuolumne Band of Me-Wuk Indians seek to add 65 acres of federal land to their existing 350-acre reservation east of Sonora. Chairman Kevin Day says the bill sponsored by Rep. George Radanovich, R-Mariposa, will help provide housing for tribal members and allow for the construction of new tribal buildings. Bureau of Indian Affairs Director Jerry Gidner on Wednesday told the U.S. House of Representatives Natural Resources Committee that the Bush administration is pleased with the approach.
Editorial: Amend the Indian Gaming Regulatory Act
4/14/2008, Indianz.com
"It's an election year, so there might be no great prospects for Sen. David Vitter's latest efforts to tighten the rules of Indian gambling. With America's tribes investing heavily in political action committees in both parties, even in the wake of the Jack Abramoff scandals that brought down many careers in Washington, tribal gambling interests enjoy a great deal of support on Capitol Hill.
CBC goes after Cherokee Nation
4/14/2008, Indianz.com
The Congressional Black Caucus, in attacking the sovereign status of the Cherokee Nation of Oklahoma, is placing in question and in jeopardy, the sovereign status of all Indian nations. At least that is the conclusion drawn by many tribal leaders across America. In a letter to Senate Majority Leader Harry Reid, the CBC, of which Presidential Candidate Barack Obama is member, demanded that he support their efforts to deny federal funding to the Cherokee Nation. The letter reads: When H. R. 2786, the Native American Housing and Assistance and Self-Determination Reauthorization Act of 2007, was considered and passed the House Members of the Congressional Black Caucus and others insisted that the bill include a provision that would prevent the Cherokee Nation of Oklahoma from receiving any benefits or funding under the bill until the Cherokee Nation of Oklahoma is in full compliance with the Treaty of 1866 and recognizes all Cherokee Freedman and their descendants as tribal citizens.
Big economic payoff expected for tribe and valley
4/13/2008, The Desert Sun
At a time when Las Vegas hotel construction has slowed, the Agua Caliente Band of Cahuilla Indians is poised to open an upscale, $300 million casino hotel resort here in the valley. The economic payoff could be large for both the tribe and the community. "Our valley lives and dies on tourism, so the hotel and the expanded venues it will bring is good," said John Soulliere, president and chief executive of the Coachella Valley Economic Partnership. Tribal chairman Richard Milanovich, who will open the doors to VIPs on Friday, said the opening is a milestone for the tribe and the community. "This is a triumph for us - our people, as well as the community - to see this beautiful hotel opening. It is a dream realized."
Class Warfare
4/13/2008, Casino Journal
Will the proposed rules for Class II gaming devices usher in a new era of prosperity, as leadership of the rules-drafting National Indian Gaming Commission (NIGC) claims, or kill the goose that lays the golden eggs, as many in the tribal gambling industry suggest? The jury is still out, and will likely be out for some time. Barring any further extension of the comment period by NIGC, the rules still have a long road to travel through the approval process before going into effect - perhaps not reaching implementation until August at the earliest. The battle over the latest version of the proposed Class II rules, published by NIGC on Oct. 24, 2007, and described as substantially weaker than those the federal agency offered in spring 2006, raged unabated through last fall and winter.
Nevada knows best
4/13/2008, San Diego Union Tribune- Letters
A story by Union-Tribune reporter James P. Sweeney on California's Indian casinos' wide use of slot machines with obsolete, outdated software confirmed the wisdom of the state's moves toward greater regulation of Indian gaming. Indian officials downplayed the story's key finding: that California Gambling Control Commission investigators found nearly 40 percent of the slots examined at seven casinos - including the Viejas, Pala and Pauma facilities in San Diego County - were deficient. Differences "between the old and new software don't involve game integrity, they don't involve any critical issues," an attorney for two tribes said.
Bad Bet
4/13/2008, New York Times
In March, the Massachusetts House of Representatives rejected a measure that looked unstoppable when it was proposed by Gov. Deval Patrick last September: the authorization of "destination casinos" across the commonwealth. The plan was for Massachusetts to sell three 10-year licenses for at least $200 million apiece and then tax the casinos' takings at 27 percent, raking in $400 million a year. That, went the reckoning, would cover a $1.3 billion budget shortfall. Patrick was backed by The Boston Globe, big casino corporations and some trade unions. His opponent, the House speaker, Salvatore DiMasi, warned of "human devastation" and suggested that Massachusetts could aim higher. "We are the Athens of America," DiMasi said at a St. Patrick's Day breakfast. "Do we really want this? Do we need this casino culture?"
Hoopa Valley Tribe changes enrollment requirements
4/13/2008, The Times-Standard
Working in the tribal courts for more than seven years, first as chief tribal judge and then as a judge consultant, Byron Nelson Jr. saw many American Indian children who weren't getting the services they needed because of their race. Or, more specifically, what race they weren't. "I could see a lot of children slipping through the cracks because they weren't protected by the Indian Child Welfare Act," said Nelson, who was born and raised in Hoopa and is a member of the Hoopa Valley Tribe.
Coyote Valley tribe defends Shodakai casino slots software
4/12/2008, Press Democrat
UKIAH -- Coyote Valley tribal representatives Friday dismissed a state commission's contentions that there are widespread software lapses in slot machines at the Mendocino County casino and six larger Indian gaming centers around the state. Local tribal leaders said chances of serious software problems are slim at the local Shodakai casino because it has only 282 machines, compared with thousands of slots at much larger gambling halls tested in Southern California and the Sacramento Valley. "Our machines are up to date and in good working order," said a Coyote Valley gaming commission spokesman who refused to identify himself.
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Upcoming Hearings
Public Comment Deadline: Off Reservation Proposal -of the Enterpise Rancheria proposed fee to trust land acquisition of 40 acres and the subsequent development of an off reservation casino resort complex in Yuba County. Mail comments to Amy Dutschke, acting Regional Director, Pacific Regional Office, BIA, 2800 Cottage Way, Sacramento, CA. 92825. Written comments will be accepted through May 5, 2008.
Public Comment Deadline: Comments on the Final EIS for the Scotts Valley Casino in the City of Richmond. Mail comments to Amy Dutschke, acting Regional Director, Pacific Regional Office, BIA, 2800 Cottage Way, Sacramento, CA. 92825. Written comments will be accepted through April 28, 2008.
Upcoming Conference
North American Regulators Association June 10-13, 2008 Register on Line: www.nagra.org
22nd National Conference on Problem Gambling , June 26-28, 2008, Long Beach, California. Register online: www.ncpgambling.org/conference
INDIAN COUNTRY'S WINNING HAND, October 16-17, 2008, Radisson Fort McDowell Resort & Casino Scottsdale/Fountian Hills, Arizona. Register online: www.law.asu.edu/ilp
LINKS and Legislation
Stand Up For California - Library
Stand Up For California - Helpful Links
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State Legislation to Watch
AJR 39 - Assembly Member Huffman
Reaffirmation of the Winneman Wintu.
AB 1314 -Assembly Member Strikland
BINGOAn Act to amend section 326.5 of the California Penal Code.
AB 1924 - Assembly Member Jeffries Changes the amount of charitable BINGO funds that may be used for overhead and other operational expenses.
AB 2026 - Assembly Member Levine -
The California Gambling Control in conjunction with the Department of Justice, shall perform a study and report its findings to the legislature by June 30, 2009, regarding authorizing interstate Internet Poker.
AB 62 - Sen. Florez - Permits the transfer of funds from the General Fund to the Revenue Sharing Trust Fund for eligible recipient tribes should there be insufficient funds in the Special Distribution Fund.
SB 331 -Sen. Romero - Imposes a state mandated local program to address tresspassers on tribal lands
SB 996 Sen. Florez - This bill would require each tribal state gaming compact entered into between the State of California and a federally recognized Indian Tribe to be ratified by the Legislature in Separate Statute.
SB 1201 - Sen. Battin Increases the aggregate limit of gaming devices licenses available for issuance under the 1999 compacts to 122,000 slot machines without tribal state compact renegotiations.
SB 1328 - Sen. Cedillo - deletes the $250 limitation on bingo game payouts, thereby allows for an award of any denomination. (currently limit $250.00 per pot)
SB - 1570 - Sen. Vincent - Requires the Governor to use best efforts to enusre that satellite wagering on horese racing is one of the forms of gaming offered at any gambling facility authorized under a compact.
SB 1626 - Sen. Steinberg - Regulates the game of BINGO.
SB 1679 - Sen. Florez - Lottery Reform Bill: requires that not less than 87% of revenues be used for prizes and to benefit education, 13% for lottery expenses. Total revenue to education will be decided by the Commission but not less than 1,200,000,000. Requires 1 million to be committed to the Office of Problem and Pathological gambling. Defines, expands and loosens restrictions of lottery game themes.
SB 1695 - Sen. Florez - This bill limits the locations of tribal casinos. Does it limit the political power of local elected?
SCA 20 -Sen. Vincent - Constitutional Amendment authorizes Roulette and Craps on California Indian lands for compact tribes.
Federal Legislation to Watch
H.R. 5608 Congressman Rahall - mandates that adminstration directly consults with tribes on policies that directly affect their lives.
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Last sessions legislation rumored to have legs.
H. R. 3709To authorize inter-tribal transfers of authority in leases between the Ewiiaapaayp Band of Kumeyaay and the Viejas Band of Kumeyaay, and for other purposes. (Introduced in House October 1, 2007)
S. 1347 - Sentaor Feinstein: A bill to amend the Omnibus Indian Advancement Act to modify the
date as of which certain tribal land of the Lytton Rancheria of California is deemed to be held in trust and to provide for the conduct of certain activities on the land. Passed the Senate 11-6-07 and sent to the House.
Rule Making
http://thomas.loc.gov/
Guidance on taking off reservation land into trust for gaming purposes
Jan 3, 2008, Carl Artman, Asst. Secretary of the Interior, BIA
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