Section 98002 Of Title 16. State–tribal Agreements Governing Indian Gaming From California Government Code >> Title 16.
98002
. (a) The Governor is authorized to execute on behalf of this
state a Gaming Compact containing the terms set forth in Section
98004, and shall do so as a ministerial act, without preconditions,
within 30 days after receiving a request from a tribe, accompanied by
or in the form of a duly enacted resolution of the tribe's governing
body, to enter into such a compact.
(b) If any federally recognized tribe having jurisdiction over
Indian lands in California requests that the Governor enter into
negotiations for a Tribal-State compact under federal law, including
but not limited to the Indian Gaming Regulatory Act (25 U.S.C. Sec.
2701 et seq.) (hereafter "IGRA"), on terms different than those
prescribed in the Gaming Compact in Section 98004, the Governor shall
enter into those negotiations pursuant to that federal law and
without preconditions, and is authorized to reach agreement and
execute that compact on behalf of the state, which authority shall
not require action by the Legislature so long as the compact does not
expand the scope of class III gaming permitted under a Gaming
Compact under this chapter, create or confer additional powers on any
agency of this state that are inconsistent with the terms of a
Gaming Compact, or infringe upon the power of the Legislature to
appropriate and authorize the expenditure of funds from the State
Treasury. Any action by the Legislature that expands the scope of
class III gaming permitted in any Tribal-State compact between the
state and a tribe beyond that authorized and permitted in the Gaming
Compact set forth in Section 98004 may not be deemed to be in
conflict with, or prohibited by, this chapter.
(c) The Governor is authorized and directed to execute, as a
ministerial act on behalf of the state, any additional documents that
may be necessary to implement this chapter or any Tribal-State
compact entered into pursuant to this chapter. In the event that
federal law regarding the process for entry into or approval of
Tribal-State gaming compacts is changed in any way that would require
a change in any procedure under this chapter in order for a
Tribal-State gaming compact to become effective, this chapter shall
be deemed amended to conform to and incorporate that changed federal
law.