I 

114TH CONGRESS 

2D SESSION H. R. 5079 

To amend the Indian Gaming Regulatory Act to require that, in California, 

certain off-reservation gaming proposals shall be subject to the full ratification and referendum process established by California State law, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2016 

Mr. LAMALFA (for himself, Mr. RUIZ, Mr. DENHAM, Mr. COOK, and Mr. 

HUFFMAN) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To amend the Indian Gaming Regulatory Act to require 

that, in California, certain off-reservation gaming proposals shall be subject to the full ratification and referendum process established by California State law, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘California Compact 

5 Protection Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

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1 (1) With the passage of the Indian Gaming 

2 Regulatory Act (25 U.S.C. 2701 et seq.), Congress 

3 provided a statutory basis for the operation of gam4 ing by federally recognized Indian tribes as a means 

5 of promoting tribal economic development, self-suffi6 ciency, and strong tribal governments. 

7 (2) The Indian Gaming Regulatory Act defines 

8 three classes of gaming, specifying that class III 

9 gaming may only be conducted in States that have 

10 authorized gaming and pursuant to Tribal-State 

11 compacts negotiated in good faith through the gov12 ernment-to-government relationship between feder13 ally recognized Indian tribes and States. 

14 (3) With the passage of Proposition 1A in 

15 2000, the voters of California amended the State 

16 Constitution to authorize the operation of class III 

17 gaming by federally recognized Indian tribes on In18 dian lands in California in accordance with Federal 

19 law. Proposition 1A also authorized the Governor of 

20 California to negotiate gaming compacts with such 

21 tribes, subject to ratification by the State legislature. 

22 (4) Under California law, actions by the State 

23 legislature, including the ratification of gaming com24 pacts, are subject to California’s referendum proc25 ess. Under that process, the State legislature’s ratimstockstill on DSK3G9T082PROD with BILLS

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1 fication of a gaming compact does not go into effect 

2 if California voters qualify a referendum vote on 

3 that compact. If such a referendum is qualified, the 

4 Compact only goes into effect after voter approval of 

5 the legislature’s decision. 

6 (5) This referendum process serves as a form of 

7 democratic oversight of the California Governor and 

8 State legislature. 

9 (6) In passing the Indian Gaming Regulatory 

10 Act, Congress intended to respect the individual 

11 States’ authority to determine their own public pol12 icy and to negotiate and conclude gaming compacts 

13 pursuant to each State’s laws. 

14 (7) The Tribal-State gaming compact process in 

15 California is undermined if the Secretary of the In16 terior prescribes Federal procedures under which 

17 class III gaming may be conducted on the land made 

18 eligible for Indian gaming pursuant to section 

19 20(b)(1)(A) of the Indian Gaming Regulatory Act 

20 (25 U.S.C. 2719 (b)(1)(A)), when the compact for 

21 gaming on that land was not ratified by the State 

22 Legislature or was rejected by a constitutionally 

23 called referendum. 

24 (8) Congress reaffirms the importance of sec25 tion 20(b)(1)(A) of the Indian Gaming Regulatory 

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1 Act (25 U.S.C. 2719(b)(1)(A)), the statutory au2 thority by which federally recognized Indian tribes 

3 can acquire certain gaming lands eligible for gaming 

4 purposes outside of their reservation boundaries. 

5 This section provides State and tribal governments 

6 with the flexibility to locate tribal government gam7 ing facilities on newly acquired land at the most ap8 propriate locations. However, Congress did not in9 tend for this section to allow for tribal gaming facili10 ties on after-acquired lands over the express objec11 tion of the voters of the State. 

12 (9) It is in the interest of the Federal Govern13 ment, States, and federally recognized Indian tribes 

14 that Congress require that, in California, off-reserva15 tion gaming proposals be subject to the full ratifica16 tion and referendum process established by Cali17 fornia State law. 

18 SEC. 3. LIMITATION ON ACTION BY THE DEPARTMENT OF 

19 THE INTERIOR ABSENT A VALID COMPACT. 

20 (a) PROHIBITION ON CERTAIN CLASS III GAMING.— 

21 Section 11(d)(7)(B) of the Indian Gaming Regulatory Act 

22 (25 U.S.C. 2710(d)(7)(B)) is amended by inserting after 

23 clause (vii) the following: 

24 ‘‘(viii) Notwithstanding any other provision of this 

25 Act, for any land in California on which Indian gaming 

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1 was authorized under (25 U.S.C. 2719(b)(1)(A)) and for 

2 which the Legislature of the State of California did not 

3 ratify a proposed class III Tribal-State gaming compact 

4 or for which the electorate of California rejected the ap5 proval of a class III Tribal-State gaming compact through 

6 a constitutionally valid referendum, the Secretary may 

7 not— 

8 ‘‘(I) prescribe class III gaming procedures; 

9 ‘‘(II) approve a class III gaming compact; or 

10 ‘‘(III) consider a class III gaming compact to 

11 have been approved by the Secretary, if the Sec12 retary does not approve or disapprove the compact 

13 before the date that is 45 days after the date on 

14 which the compact is submitted.’’. 

15 (b) CLARIFICATION.—Nothing in this Act or the 

16 amendment made by subsection (a) shall be interpreted 

17 to impact the implementation of authorities under the Act 

18 of June 18, 1934 (commonly known as the ‘‘Indian Reor19 ganization Act’’), or any other section of the Indian Gam20 ing Regulatory Act. 

21 (c) EFFECTIVE DATE.—The amendment made by 

22 subsection (a) shall be effective as of April 27, 2016. 

Æ 

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