With the passage of the Indian Gaming Regulatory Act in 1988, Congress reaffirmed the sovereignty of tribal governments and each state by creating a government-to-government process where sovereign governments negotiate terms that are beneficial to their constituents. In 2001, the voters of California authorized the governor, through a constitutional amendment, to negotiate with tribal governments for a compact to engage in Class III gaming on Indian lands through a three-part process – negotiation with the governor, ratification by the Legislature and ultimate approval by the secretary of the interior. The role of the Legislature is to ratify or not ratify the terms of the compact as negotiated with the governor. The Legislature does not have the ability to define what Indian lands are eligible for gaming. Federal law is clear that if a tribe has land in trust that is eligible for gaming, the tribe may engage in gaming on that land. If they want to participate in Class III games, a compact with the state is needed. This process has worked for the state and tribes. The use of referendums in the compact process is troubling as it undercuts this longstanding government-to-government process.Get the Story: