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 ratifi-
cation 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 Com-
mittee on Natural Resources 
A BILL 
To amend the Indian Gaming Regulatory Act to require 
that, in California, certain off-reservation gaming pro-
posals shall be subject to the full ratification and ref-
erendum process established by California State law, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘California Compact 
Protection Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) With the passage of the Indian Gaming 
Regulatory Act (25 U.S.C. 2701 et seq.), Congress 
provided a statutory basis for the operation of gam-
ing by federally recognized Indian tribes as a means 
of promoting tribal economic development, self-suffi-
ciency, and strong tribal governments. 
(2) The Indian Gaming Regulatory Act defines 
three classes of gaming, specifying that class III 
gaming may only be conducted in States that have 
authorized gaming and pursuant to Tribal-State 
compacts negotiated in good faith through the gov-
ernment-to-government relationship between feder-
ally recognized Indian tribes and States. 
(3) With the passage of Proposition 1A in 
2000, the voters of California amended the State 
Constitution to authorize the operation of class III 
gaming by federally recognized Indian tribes on In-
dian lands in California in accordance with Federal 
law. Proposition 1A also authorized the Governor of 
California to negotiate gaming compacts with such 
tribes, subject to ratification by the State legislature. 
(4) Under California law, actions by the State 
legislature, including the ratification of gaming com-
pacts, are subject to California’s referendum proc-
ess. Under that process, the State legislature’s rati-
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fication of a gaming compact does not go into effect 
if California voters qualify a referendum vote on 
that compact. If such a referendum is qualified, the 
Compact only goes into effect after voter approval of 
the legislature’s decision. 
(5) This referendum process serves as a form of 
democratic oversight of the California Governor and 
State legislature. 
(6) In passing the Indian Gaming Regulatory 
Act, Congress intended to respect the individual 
States’ authority to determine their own public pol-
icy and to negotiate and conclude gaming compacts 
pursuant to each State’s laws. 
(7) The Tribal-State gaming compact process in 
California is undermined if the Secretary of the In-
terior prescribes Federal procedures under which 
class III gaming may be conducted on the land made 
eligible for Indian gaming pursuant to section 
20(b)(1)(A) of the Indian Gaming Regulatory Act 
(25 U.S.C. 2719 (b)(1)(A)), when the compact for 
gaming on that land was not ratified by the State 
Legislature or was rejected by a constitutionally 
called referendum. 
(8) Congress reaffirms the importance of sec-
tion 20(b)(1)(A) of the Indian Gaming Regulatory 
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Act (25 U.S.C. 2719(b)(1)(A)), the statutory au-
thority by which federally recognized Indian tribes 
can acquire certain gaming lands eligible for gaming 
purposes outside of their reservation boundaries. 
This section provides State and tribal governments 
with the flexibility to locate tribal government gam-
ing facilities on newly acquired land at the most ap-
propriate locations. However, Congress did not in-
tend for this section to allow for tribal gaming facili-
ties on after-acquired lands over the express objec-
tion of the voters of the State. 
(9) It is in the interest of the Federal Govern-
ment, States, and federally recognized Indian tribes 
that Congress require that, in California, off-reserva-
tion gaming proposals be subject to the full ratifica-
tion and referendum process established by Cali-
fornia State law. 
SEC. 3. LIMITATION ON ACTION BY THE DEPARTMENT OF 
THE INTERIOR ABSENT A VALID COMPACT. 
(a) PROHIBITION ON CERTAIN CLASS III GAMING.— 
Section 11(d)(7)(B) of the Indian Gaming Regulatory Act 
(25 U.S.C. 2710(d)(7)(B)) is amended by inserting after 
clause (vii) the following: 
‘‘(viii) Notwithstanding any other provision of this 
Act, for any land in California on which Indian gaming 
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was authorized under (25 U.S.C. 2719(b)(1)(A)) and for 
which the Legislature of the State of California did not 
ratify a proposed class III Tribal-State gaming compact 
or for which the electorate of California rejected the ap-
proval of a class III Tribal-State gaming compact through 
a constitutionally valid referendum, the Secretary may 
not— 
‘‘(I) prescribe class III gaming procedures; 
‘‘(II) approve a class III gaming compact; or 
‘‘(III) consider a class III gaming compact to 
have been approved by the Secretary, if the Sec-
retary does not approve or disapprove the compact 
before the date that is 45 days after the date on 
which the compact is submitted.’’. 
(b) CLARIFICATION.—Nothing in this Act or the 
amendment made by subsection (a) shall be interpreted 
to impact the implementation of authorities under the Act 
of June 18, 1934 (commonly known as the ‘‘Indian Reor-
ganization Act’’), or any other section of the Indian Gam-
ing Regulatory Act. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall be effective as of April 27, 2016. 
Æ 
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