Davis signs another Indian gambling compact

21 October 2003

As reported by: Copley News Service
The Davis administration announced Monday that it has signed another Indian gambling agreement and suggested there may be more before the recalled governor leaves office in the next few weeks.

The compact involves the Fort Mojave tribe, which has a 33,000-acre reservation that dips into three states and casinos in two of those states - Nevada and Arizona.

The agreement would allow Fort Mojave to build a third casino with up to 350 slot machines at an off-reservation site 3½ miles west of Needles in remote San Bernardino County.

If approved, it would become the first off-reservation Indian casino in California and one of a select few authorized nationally. In this case, however, the tribe agreed not to build on reservation land it has within the Needles city limits.

"They have found a location outside the incorporated city to avoid ... impacts on schools, homes, businesses and neighborhoods," Gov. Gray Davis said, applauding the tribe.

But Gov.-elect Arnold Schwarzenegger asked Davis to limit discretionary actions, such as signing new Indian gambling compacts, in the days left before the recall vote is certified and Schwarzenegger is sworn in. That is expected to take no longer than Nov. 15.

The compact must be ratified by the Legislature in a bill that requires Schwarzenegger's signature. That's probably not going to happen, a Schwarzenegger spokesman indicated.

"The governor-elect has said he is going to renegotiate every compact," spokesman H.D. Palmer said Monday. "He believes we need a fresh approach and that everything should be on the table."

Tribal officials and an attorney for the governor said Fort Mojave's deal was completed on Oct. 3, four days before the recall election, but wasn't signed until late last week.

But Kathryn Doi, an attorney for the governor, declined to say whether there may be more compacts signed before Davis leaves office. Sources said at least two tribes, the Shingle Springs and Graton rancherias of Northern California, were still in serious negotiations late last week.

"We're sensitive to the fact that there is about to be a change in administrations and what that means in terms of whether it's appropriate to enter into more compacts," Doi said.

"Fort Mojave ... was one that we had been working on for some time before the election and there may be one or two more ... but it's premature to say whether there will be any other compacts."

The compact is similar to deals recently ratified for two San Diego County tribes, La Posta and Santa Ysabel. Fort Mojave also agreed to pay the state a 5 percent share of net slot machine winnings and to negotiate an enforceable agreement to mitigate off-reservation impacts.

Fort Mojave also agreed to limit gambling to those 21 and older and to provide no-smoking areas. The state agreed to recognize the tribe's court system for disputes arising in its casino.

By limiting the number of slots it operates in California to 350, Fort Mojave would continue to qualify for up to $1.1 million a year from a fund earmarked for small- and non-gaming reservations.

But unlike others that depend on that fund, Fort Mojave has two out-of-state casinos that operate 900 slot machines. The Davis administration attempted to address the inequity during negotiations, but Fort Mojave refused to give up its entitlement.

"They are an extremely large tribe by California standards ... and are very poor," said Rob Rosette, the tribe's attorney. The compact provides for renegotiation after two years and the tribe hopes to expand quickly beyond 350 machines in California, Rosette said.

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