The North Fork Mono Rancheria project fully complies with the California State Association of Counties (CSAC) policy (see below) for the development of the proposed resort casino and hotel on new tribal trust lands. The lands being acquired are within the historical territory of the Tribe and Madera County supports the trust acquisition. Further, the Tribe and Madera County have successfully negotiated a local mitigation agreement to mitigate any off-reservation impacts of the proposed development on the County.
California State Association of Counties (CSAC) Indian Gaming Policy (Adopted by CSAC Board of Directors, November 18, 2004)
The purpose of the following Policy provisions is to supplement CSAC’s February 2003 adopted policy through an emphasis for counties and tribal governments to each carry out their governmental responsibilities in a manner that respects the governmental responsibilities of the other.
1. CSAC supports cooperative and respectful government-to-government relations that recognize the interdependent role of tribes, counties and other local governments to be responsive to the needs and concerns of all members of their respective communities.
2. CSAC recognizes and respects the tribal right of self-governance to provide for the welfare of its tribal members and to preserve traditional tribal culture and heritage. In similar fashion, CSAC recognizes and respects the counties’ legal responsibility to provide for the health, safety, environment, infrastructure, and general welfare of all members of their communities.
3. CSAC also supports Governor Schwarzenegger’s efforts to continue to negotiate amendments to the 1999 Tribal-State Compacts to add provisions that address issues of concern to the State, tribes, and local governments. CSAC reaffirms its support for the local government protections in those Compact amendments that have been agreed to by the State and tribes in 2004.
4. CSAC reiterates its support of the need for enforceable agreements between tribes and local governments concerning the mitigation of off-reservation impacts of development on tribal land. CSAC opposes any federal or state limitation on the ability of tribes, counties and other local governments to reach mutually acceptable and enforceable agreements.
5. CSAC supports legislation and regulations that preserve—and not impair—the ability of counties to effectively meet their governmental responsibilities. As used here the term “tribal land” means trust land, reservation land, rancheria land, and Indian Country as defined under federal law including the provision of public safety, health, environmental, infrastructure, and general welfare services throughout their communities.
6. CSAC supports federal legislation to provide that lands are not to be placed into trust and removed from the land use jurisdiction of local governments without the consent of the State and the affected county.
7. CSAC opposes the practice commonly referred to as “reservation shopping” where a tribe seeks to place land into trust outside its aboriginal territory over the objection of the affected county.
8. CSAC does not oppose the use by a tribe of non-tribal land for development provided the tribe fully complies with state and local government laws and regulations applicable to all other development, including full compliance with environmental laws, health and safety laws, and mitigation of all impacts of that development on the affected county.
Note: (1) As used here the term “tribal land” means trust land, reservation land, rancheria land, and Indian Country as defined under federal law.
Source: CSAC web site.
