ANNOUNCEMENTS FOR ITS GAMING AND OTHER
FACILITIES TO THE DEPARTMENT, AND THE DEPARTMENT WILL CAUSE THE SAME TO BE
POSTED AND DISTRIBUTED IN THE SAME MANNER AS JOB POSTINGS AND ANNOUNCEMENTS
SUBMITTED BY OTHER OUTSIDE EMPLOYERS.
THE TRIBE ALSO SHALL WORK IN GOOD FAITH
WITH THE DEPARTMENT TO EMPLOY QUALIFIED PARTICIPANTS IN THE COUNTY'S WELFARE
PROGRAM AT THE TRIBE'S GAMING RELATED FACILITIES.
SUCH QUALIFICATIONS MAY, AT
THE TRIBE'S DISCRETION, INCLUDE PASSING ANY NECESSARY BACKGROUND CHECKS AND THE
ABILITY TO OBTAIN ANY REQUIRED GAMING LICENSES.
NOTWITHSTANDING ANYTHING HEREIN
TO THE CONTRARY, THE COUNTY ACKNOWLEDGES THAT AN IMPORTANT CONGRESSIONAL GOAL
UNDER IGRA IS TO ENCOURAGE TRIBAL MEMBER AND INDIAN JOB TRAINING AND EMPLOYMENT,
AND THAT THE TRIBE MAINTAINS THE RIGHT TO ENFORCE ITS TRIBAL EMPLOYMENT RIGHTS
ORDINANCE (TERO) AND EXERCISE TRIBAL AND INDIAN PREFERENCES TO THE EXTENT
PERMITTED BY LAW.
11.2
THE DEPARTMENT SHALL WORK WITH THE TRIBE TO IDENTIFY JOB AND OTHER
RELEVANT TRAINING TO ELIGIBLE TRIBAL MEMBERS ATTEMPTING TO MAKE THE TRANSITION
FROM UNEMPLOYMENT TO EMPLOYMENT.
11.3
THE TRIBE SHALL MAKE GOOD FAITH EFFORTS TO ASSIST GAMING FACILITY
EMPLOYEES IN MEETING THEIR CHILD CARE NEEDS WHILE WORKING AT THE GAMING
FACILITY, EITHER THROUGH ON-SITE OR OFF-SITE CARE, DIRECT EMPLOYEE BENEFITS, OR
PROVIDING ASSISTANCE TO EXPAND CAPACITY OF LOCAL CHILDCARE CENTER(S).
11.4
THE TRIBE SHALL ADOPT AND COMPLY WITH STANDARDS THAT ARE NO LESS
STRINGENT THAN STATE LAWS PROHIBITING A GAMING ENTERPRISE FROM CASHING ANY
CHECKS DRAWN AGAINST SOCIAL SECURITY, UNEMPLOYMENT INSURANCE, DISABILITY
BENEFITS, OR PUBLIC ASSISTANCE PAYMENTS.
XII.
DUGAN PROPERTY
12.1
THE COUNTY AND STATE OF CALIFORNIA DEPARTMENT OF CONSERVATION
("DOC") HAVE APPEALED A DECISION BY THE BIA TO TAKE THE DUGAN PROPERTY INTO
TRUST FOR THE TRIBE, BASED IN PART UPON CALIFORNIA GOVERNMENT CODE
SECTION 51256, ET SEQ., AND THE CONTENTION THAT THE TRIBE'S PROPOSED USES WOULD
CONFLICT WITH THE WILLIAMSON ACT CONTRACT ON THE LAND, WHICH REQUIRES
AGRICULTURAL RELATED USE OF THE PROPERTY.
THE BIA AND TRIBE CONTEND THAT THE
CONTRACT IS INVALID WHEN THE LAND GOES INTO TRUST.
12.2
THE TRIBE AGREES THAT IT WILL NOT CONSTRUCT ANY GAMING FACILITIES
OR CONDUCT GAMING ACTIVITIES (INCLUDING CLASS II OR III GAMING UNDER IGRA), OR
PROVIDE PARKING FOR GAMING FACILITIES, ON THE DUGAN PROPERTY.
CONSTRUCTION OR
USE OF THE EMERGENCY ACCESS ROAD ON THE DUGAN PROPERTY SHALL NOT BE DEEMED TO BE
A VIOLATION OF THIS SECTION.
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12.3
WILLIAMSON ACT RESCISSION AND CREATION OF CONSERVATION EASEMENT.
12.3.1
TO RESOLVE THE WILLIAMSON ACT CONTRACT DISPUTE THE TRIBE SHALL
REQUEST THAT THE COUNTY AND STATE APPROVE RESCISSION OF THE DUGAN PROPERTY
WILLIAMSON ACT CONTRACT IN FAVOR OF AN EASEMENT EXCHANGE AND OTHER PUBLIC
BENEFITS PURSUANT TO GOVERNMENT CODE SECTION 51256.
THE TRIBE WILL ALSO SUBMIT
A REQUEST FOR NON-RENEWAL OF THE WILLIAMSON ACT CONTRACT.
THE TRIBE SHALL
PROCEED IN GOOD FAITH TO SUBMIT, IN A TIMELY MANNER, ALL APPROPRIATE
ENVIRONMENTAL DOCUMENTS AND APPRAISALS NECESSARY FOR CONSIDERATION OF SUCH AN
EASEMENT EXCHANGE BY THE BOARD OF SUPERVISORS OR SHALL PAY THE COUNTY TO
CONTRACT FOR SUCH DOCUMENTS TO BE PREPARED.