Deadline Extended for Tribal Compact

California failed last week to meet a court-imposed deadline for agreeing to a compact with the Enterprise Rancheria forced on it by a court-appointed mediator. The court earlier ruled that the state acted in bad faith in its dealings with the tribe.

The deadline for the state of California to accept or reject the tribal state gaming compact proposed by the Enterprise Rancheria came and went and then was extended last week to July 5.

The tribe wants to build the Fire Mountain Casino Resort under the compact.

The tribe and the state are under mediation ordered by a federal court. On May 3 the mediator, Zela G. Claiborne, choosing between the compact proposed by the state and one proposed by the tribe, sided with the tribe. The state then had 60 days to agree to the compact.

The Indian Gaming Regulatory Act of 1988 outlines this procedure.

Several months previous U.S. District Judge Troy Nunley ruled that the state acted in bad faith when it failed to approve of a compact with the tribe after the voters of the state rejected the original compact agreed to by the tribe, the governor and the legislature.

Without a compact the casino will still be able to operate, but under rules put together b the National Indian Gaming Commission.

Meanwhile a bill, the California Compact Protection Act, supported by a gaming competitor, the Picayune Rancheria of Chukchansi Indians, is working its way through Congress. The bill would amend IGRA to prevent a compact being forced on California if one is rejected by a vote of the people and not voted on by the legislature. It is written with the Enterprise Rancheria in mind.

On June 7 the tribe began work on the $170 million Class II casino, which is near Yuba City. It is due to open in May of 2017. A class II casino is allowed without a compact, and Class III games can always be added once a compact is approved.