CLASS II OR CLASS III GAMING ACTIVITIES (AS
DEFINED UNDER IGRA) ON THE PETALUMA PROPERTY WITHOUT THE WRITTEN CONSENT OF THE
COUNTY.
SUCH AGREEMENT IS BASED ON AN UNDERSTANDING BY THE TRIBE THAT THE CITY
OF PETALUMA AND THE COUNTY BOARD OF SUPERVISORS CURRENTLY OPPOSE SUCH USE FOR
THAT LAND.
FOR PURPOSES OF THIS SECTION, "REASONABLY AVAILABLE" WITH RESPECT TO
THE UTILITIES MEANS THAT WATER AND SEWER CONNECTIONS BECOME LEGALLY AND
PHYSICALLY AVAILABLE TO THE TRIBE FOR DEVELOPMENT ON THE PETALUMA PROPERTY
WITHOUT THE TRIBE'S HAVING TO BRING SUCH UTILITIES ACROSS, EITHER ABOVE OR BELOW
GROUND, U.S. HIGHWAY 101, OR THE PETALUMA RIVER, AND WITHOUT THE TRIBE'S HAVING
TO ACQUIRE EASEMENTS OR OTHER PROPERTY RIGHTS
31
OVER PRIVATE OR PUBLIC PROPERTY AT A PROHIBITIVE FEE.
THE TRIBE MAY, HOWEVER,
TAKE SUCH STEPS AT ITS SOLE DISCRETION.
THE TRIBE SHALL BEAR THE SOLE COST OF
OBTAINING SUCH UTILITIES ONCE A CONNECTION IS REASONABLY AVAILABLE WITHIN 1,000
FEET OF THE PETALUMA PROPERTY.
THE TRIBE SHALL BE RELIEVED OF ITS OBLIGATION TO
PERPETUALLY FORGO GAMING ACTIVITIES ON THE PETALUMA PROPERTY UNDER THIS
AGREEMENT, IF ANOTHER TRIBAL CASINO OPENS FOR OPERATION IN SONOMA COUNTY ALONG
THE U.S. HIGHWAY 101 CORRIDOR BETWEEN COTATI AND THE SOUTHERN SONOMA COUNTY
BOUNDARY.
13.4
THE COUNTY SHALL CONSULT WITH THE TRIBE AND THE COMMUNITY TO
EXPLORE POTENTIAL NON-GAMING ECONOMIC DEVELOPMENT PROJECTS ON THE PETALUMA
PROPERTY THAT WOULD BE OF SUBSTANTIAL BENEFIT TO BOTH THE TRIBE AND THE
COMMUNITY.
IN ADDITION, THE COUNTY AGREES THAT, WHERE PERMISSIBLE UNDER
APPLICABLE LAW, PLANNING ACTIONS ON PROJECTS SUBMITTED BY THE TRIBE ON THE
PETALUMA PROPERTY, IF SUCH PROPERTY IS NOT IN TRUST, THE BOARD OF SUPERVISORS
WILL EXERCISE ITS ORIGINAL JURISDICTION TO DIRECTLY REVIEW THE MATTER.
13.5
THE TRIBE AGREES THAT IF THE PETALUMA PROPERTY IS TAKEN INTO TRUST,
IN ADDITION TO A RESTRICTION NOT TO CONDUCT GAMING ACTIVITIES, AS SPECIFIED
HEREIN, IT WILL BE SUBJECT TO ENFORCEMENT OF THE CONSERVATION EASEMENT (IF IT
HAS NOT BEEN CANCELLED PURSUANT TO SECTION 12.5) OR ANY OTHER AGRICULTURAL OR
OTHER EASEMENT(S) OR CONDITIONS PLACED ON THE LAND PURSUANT TO THIS AGREEMENT
AND SHALL SEEK APPROVAL OF THESE ENCUMBRANCES FROM THE DEPARTMENT OF THE
INTERIOR, PROVIDED THAT SUCH APPROVAL SHALL NOT BE A CONDITION OF THIS
AGREEMENT.
XIV.
FUTURE TRUST ACQUISITIONS AND TRIBAL DEVELOPMENT
14.1
THE TRIBE SHALL CONSULT WITH THE COUNTY PRIOR TO FILING OR
MODIFYING ANY APPLICATION BY THE TRIBE TO THE UNITED STATES TO TAKE ADDITIONAL
LAND INTO TRUST WITHIN SONOMA COUNTY.
THE TRIBE FURTHER RECOGNIZES THAT THE
COUNTY GENERAL PLAN IS AN IMPORTANT AND VALUED EXERCISE OF COUNTY AUTHORITY AND
AGREES, AS A SEPARATE JURISDICTIONAL GOVERNMENT, TO GIVE MEANINGFUL
CONSIDERATION TO THE COUNTY'S GENERAL PLAN IN TRUST APPLICATIONS AND OTHER
TRIBAL PLANNING ACTIVITIES.
THE TRIBE FURTHER RECOGNIZES THAT THE COUNTY HAS
TAKEN THE POSITION THAT ECONOMIC DEVELOPMENT PROPOSALS ON FUTURE TRUST LANDS
SHOULD MEET THE FOLLOWING CRITERIA FOR COUNTY SUPPORT:
1) THE TRIBE HAS
SIGNIFICANT TIES TO THE LAND THAT IS SUBJECT TO THE TRUST PROPOSAL; 2) THE
ECONOMIC PROPOSAL IS,