Sacramento, CA - Responding to an August 21st letter Assemblymember Jared Huffman (D-San Rafael) wrote to Governor Schwarzenegger opposing premature negotiations over a gambling compact with the Federated Indians of the Graton Rancheria, Andrea Hoch, the Governor’s Legal Affairs Secretary, wrote a November 2nd letter that ducks the key questions raised by Assemblymember Huffman. (Copies of both letters are attached.) 

Instead of answering direct questions about whether the administration has begun compact negotiations with the Graton Rancheria tribe, Secretary Hoch’s letter simply states that the Governor will be required to engage in good faith negotiations with the tribe if the land in Rohnert Park proposed for a Las Vegas-style mega-casino qualifies as “restored lands” under federal law.   Assemblymember Huffman’s letter had raised several legal points about why the land should not qualify as “restored land,” but none were addressed by Secretary Hoch.  In addition, Assemblymember Huffman’s letter summarized objections to the proposed casino that he and many area residents have raised.  Rather than address these points, Secretary Hoch’s letter simply states that concerns of local communities will be “a priority” in negotiations.

“I appreciate the challenges federal law imposes on the Governor, but the people of my district deserve straight answers instead of coy and evasive responses from the administration.  Stop speaking in riddles and hypotheticals and just tell us what’s going on,” said Assemblymember Huffman.  “Are you negotiating a compact with this tribe, and do you agree or disagree with the many objections we have raised about this project?”

Among other things, Assemblymember Huffman’s letter of August 21st pointed out that the Governor’s own policy is to “decline to engage in negotiations for tribal-state gaming compacts where the Indian tribe does not have Indian lands eligible for Class III gaming.”  Assemblymember Huffman noted that the Graton tribe does not have “gaming eligible” Indian land.  More specifically, Assemblymember Huffman’s letter raised the following points:

--Neither the National Indian Gaming Commission nor the Bureau of Indian Affairs has ruled on whether the proposed Rohnert Park site would constitute Indian land, and there are many issues regarding whether the land would be “gaming eligible.”  Premature compact negotiations could unfairly prejudice the outcome of proceedings aimed to resolve these issues.

--During California’s 150 year history the land in question was never considered Indian land.  Short of the State formally ceding jurisdiction to the federal government, the State will retain jurisdiction and the land will remain subject to state law.

--The site in question has never had the key characteristics necessary to recognize tribal sovereignty and to deprive the state of its jurisdiction.  The Indians have not had historic and continuous sovereignty, the local community never considered it Indian land, and it does not represent a separate and distinct community.

“Until these many important issues are addressed and resolved, the Governor should flatly state that he is not and will not engage in compact negotiations with the Graton Rancheria tribe,” stated Assemblymember Huffman. 

The Assemblymember continued, “While I fully respect the legitimate rights of Indian tribes on their historical sovereign lands, I believe the Governor and the tribes should show equal respect for state sovereignty, the legal processes involved, and the very real concerns of the residents of the area about Las Vegas-style mega-casinos in their backyard.  This is not what the voters in my district expected when the State approved Indian gaming.”