STATE OF CALIFORNIA GRAY DAVIS, CALIFORNIA GAMBLING...

STATE OF CALIFORNIA GRAY DAVIS, GovernorCALIFORNIA GAMBLING CONTROL COMMISSIONPhysical Address: 2399 Gateway Oaks Drive, Suite 100 • Sacramento, CA 95833-4231Mailing Address: P.O. Box 526013 • Sacramento, CA 95852-6013Phone: (916) 263-0700 • FAX: (916) 263-0499

BACKGROUND: The Tribal-State Gaming Compacts state that “…each Non-Compact Tribe in the Stateshall receive the sum of $1.1 million per year. In the event that there are insufficient monies in the …RSTF]…topay $1.1 million per year to each Non-Compact Tribe, any available monies in …[the RSTF]… shall be distributedto Non-Compact Tribes in equal shares.” (Section 4.3.2.1(a)). These Compacts also state that “payments made toNon-Compact Tribes shall be made quarterly and in equal shares out of the …[RSTF]. The Commission shallserve as the trustee of the …RSTF. The Commission shall have no discretion with respect to the use ordisbursement of the trust funds. Its sole authority shall be to serve as a depository of the trust funds and to disbursethem on a quarterly basis to Non-Compact Tribes. In no event shall the State’s General Fund be obligated to makeup any shortfall or pay any unpaid claims.” (Section 4.3.2.1(b))

CGCC-report 2004-04-28$118,3182004April 28,

CGCC-report 2004-02-05$89,4582004February 5,

CGCC-report 2003-10-22$120,6542003October 22,

CGCC-report 2003-08-25$683,1602003August 25,

CGCC-report 2003-07-24$95,1722003July 24,


CGCC-report 2003-02-05$111,2342003February 5,

CGCC-report 2002-11-21$159,3942002November 21,

Distributions As “California Valley Miwok Tribe”


CGCC-report 2002-05-29apparently no distribution2002April 29,

CGCC-report 2001-12-19$200,0002001December 19

CGCC-report 2001-09-19apparently no distribution2001September 9,



Uncertain documentation$41,2722001March, 31,

Uncertain documentation$20,5152000December 31,

Uncertain documentation$420,7912000September 30,

CommentsDistributions As “Sheep Ranch Rancheria”

Reports to Legislature for Distribution of Funds from Indian Gaming Revenue Sharing Trust Fund

http://www.cgcc.ca.gov/rstfi.html

$3,624,649TOTAL

CGCC-report 2005-01-25$118,9602005January 25,

CGCC-report 2004-10-29$84,3702004October 29,

CGCC-report 2004-09-08$646,6672004September 8,



http://www.cgcc.ca.gov/rstfi.html

STATE OF CALIFORNIA GRAY DAVIS, Governor

CALIFORNIA GAMBLING CONTROL COMMISSION Physical Address: 300 Capitol Mall, Suite 300 • Sacramento, CA 95814-4338

Mailing Address: P.O. Box 526013 • Sacramento, CA 95852-6013 Phone: (916) 322-3095 • FAX: (916) 322-5441

May 9, 2001 TO: Gambling Control Commission FROM: Robert Traverso, Interim Executive Director SUBJECT: Report to Legislature for Distribution of Funds from Indian Gaming Revenue

Sharing Trust Fund ISSUE: Can the Gambling Control Commission (Commission) make a partial distribution from the Indian Gaming Revenue Sharing Trust Fund (RSTF) with the information currently available to the Commission? The Commission has a fiduciary responsibility for the RSTF as Trustee of the RSTF per all of the Tribal-State Gaming Compacts (Compacts). The Compacts place certain limitations on the Commission’s ability to exercise discretion when making distributions from the RSTF.1 The State’s Budget Act for FY2000-01 requires the Commission to submit a report to the Legislature containing various specified information before any distributions from the RSTF can be made.2 Moreover, the Legislature would need to authorize an additional expenditure in order for the Commission to distribute funds from the RSTF (Gov.Code Section 12012.75) 1 The Compacts state that “…each Non-Compact Tribe in the State shall receive the sum of $1.1 million per year. In the event that there are insufficient monies in the …RSTF]…to pay $1.1 million per year to each Non-Compact Tribe, any available monies in …[the RSTF]… shall be distributed to Non-Compact Tribes in equal shares.” (Section 4.3.2.1(a)). These Compacts also state that “payments made to Non-Compact Tribes shall be made quarterly and in equal shares out of the …[RSTF]. The Commission shall serve as the trustee of the …RSTF. The Commission shall have no discretion with respect to the use or disbursement of the trust funds. Its sole authority shall be to serve as a depository of the trust funds and to disburse them on a quarterly basis to Non-Compact Tribes. In no event shall the State’s General Fund be obligated to make up any shortfall or pay any unpaid claims.” (Section 4.3.2.1(b)) 2 The Budget Act for FY2000-01 (Chap.52, Item #0855-101-0366(3)) specifies that “…the California Gambling Control Commission shall provide the Chairperson of the Joint Legislative Budget Committee and the chairperson of the committee in each house that considers appropriations a report identifying (1) the methodology for determining a noncompact tribe; (2) a list of the noncompact tribes identified based on the commission’s methodology; (3) the methodology for determining the amount of revenue each compact tribe is required to pay into the Indian Gaming Revenue Trust Fund; (4) a trust fund condition report including the amount of revenue received from each compact tribe; and (5) the amount of funds to be distributed to each noncompact tribe. Upon receiving additional expenditure authority for distributing funds

10

Attachment #1:

Report on Distribution of Funds from the Indian Gaming Revenue Sharing Fund

16

Karuk Tribe of California 150,000 La Posta Band of Mission Indians 150,000 Lone Pine Reservation 150,000 Los Coyotes Reservation 150,000 Exhibit 1 (continued) Non-Compact Tribes Eligible to Receive a Partial Distribution from the IGRSTF (based on the Commission’s Methodology) and the Amount of Funds to be Distributed

Non-Compact Indian Tribe Amount of Funds to Be Distributed

Lower Lake Rancheria $100,000 Lytton Rancheria 150,000 Manzanita Band of Mission Indians 150,000 Mesa Grande Band of Mission Indians 150,000 Middletown Rancheria Band of Pomo Indians 150,000 North Fork Rancheria 150,000 Pala Band of Mission Indians 150,000 Pauma/Yuima Band of Mission Indians 150,000 Picayune Rancheria 150,000 Pinoleville Reservation 150,000 Pit River Tribe 150,000 Potter Valley Reservation 150,000 Quartz Valley Reservation 150,000 Ramona Band of Mission Indians 150,000 Redwood Valley Rancheria 150,000 Resighhini Rancheria 150,000 Rohnerville Rancheria 150,000 Round Valley Reservation 150,000 San Pasqual Band of Diegueno Indians 150,000 Santa Rosa Band of Mission Indians 150,000 Santa Ysabel Band of Mission Indians 150,000 Scotts Valley Rancheria 150,000 Sheep Ranch Rancheria 150,000 Shingle Springs Rancheria 150,000 Stewarts Point Rancheria 150,000 Susanville Indian Rancheria 150,000 Table Bluff Reservation 150,000 Timba-sha Shoshone Tribe 150,000 Torrez-Martinez Desert Cahuilla Indians 150,000 Trinidad Rancheria 150,000 Tuolumne Rancheria 150,000 United Auburn Indian Community 150,000 Upper Lake Rancheria 150,000

STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, GOVERNOR

CALIFORNIA GAMBLING CONTROL COMMISSIONPhysical Address: 2399 Gateway Oaks Drive, Suite 100 • Sacramento, CA 95833-4231


DATE: October 29, 2004

TO: Gambling Control Commission

FROM: Gary Qualset, Deputy Director Licensing and Compliance Division

SUBJECT: Revenue Sharing Trust Fund Report of Distribution of Funds to Non-Compact Tribes for the Quarter Ended September 30, 2004

ISSUE: Can the Gambling Control Commission (Commission) make a current quarterly distribution from the Indian Gaming Revenue Sharing Trust Fund (IGRSTF) to each eligible Non-Compact Tribe for the quarter ended September 30, 2004?

The Commission, as administrator for the IGRSTF, is required to make distributions from the IGRSTF in accordance with the Tribal-State Gaming Compacts (Compacts) sections 4.3.2.1 (a) and (b).

The IGRSTF serves as the depository for payments made by Tribes that acquire and maintain gaming device licenses and interest income earned by the IGRSTF. The process for allocating licenses and the awarding thereof by the administrator is outlined in Section 4.3.2.2. This Section also specifies the amounts that shall be paid for license fees.

To date, the Commission has approved the distribution of approximately $117.87 million in license fees, payments, and interest income from the IGRSTF covering sixteen fiscal quarters from July 1, 2000 through June 30, 2004. The current distribution being proposed will make a distribution of the actual amount of license fees received and any interest income that may have been deposited in the IGRSTF for the quarter ended September 30, 2004, leaving an undistributed balance of license fees, payments received, and interest income in the IGRSTF as of that date of less than $1.00.

As shown in Exhibit 1, all eligible tribes will be receiving $84,370.00 for this distribution. Total license fees of approximately $5.89 million and interest earned of $25,270.81 for the quarterly period ended September 30, 2004 and deposited in July 2004 into the IGRSTF for the quarter ended September 30, 2004 amounted to approximately $5.90 million. A portion of the interest earned is allocated to previously approved distributions held in abeyance in the IGRSTF on behalf of one (1) tribe in the amount of $6,374.99. Approved distributions will be held only in the event there is no existing tribal chairperson or representative with whom the BIA conducts government-to-government relations, or there is some other unusual situation which calls into question the Commission’s ability to distribute funds to the tribe or otherwise carry out its obligation pursuant to Section 4.3.2.1 (b). The remaining receipts are equally distributed to the seventy (70) tribes listed in Exhibit 1 as eligible Non-Compact recipient tribes (pending receipt of outstanding eligibility certification forms, if any). Thus, the equal share distribution amount per tribe for this quarter is as noted above.

At the end of the calendar quarter for distribution and as of the close of business on September 30, 2004, the amount of outstanding license fee payments due into the IGRSTF was approximately $4.10 million. If the total license fee payments due at the end of this quarter had been paid into the IGRSTF, recipient tribes would have received $58,625.70 in additional moneys

Exhibit 1

Non-Compact Tribes Eligible to Receive a Distribution from the IGRSTF (Based on the Commission’s Methodology) and the Amount of Funds Recommended for Distribution

Non-Compact Indian Tribe Amount of Funds Recommended to

be Distributed

Alturas Indian Rancheria $84,370.00

Bear River Band of the Rohnerville Rancheria 84,370.00

Benton Paiute Reservation 84,370.00

Big Lagoon Rancheria 84,370.00

Big Pine Reservation 84,370.00

Big Sandy Rancheria 84,370.00

Bridgeport Paiute Indian Colony 84,370.00

Buena Vista Rancheria 84,370.00

Cahto Indian Tribe of the Laytonville Rancheria 84,370.00

Cahuilla Band of Mission Indians 84,370.00

California Valley Miwok Tribe 84,370.00

Cedarville Rancheria 84,370.00

Chemehuevi Indian Tribe 84,370.00

Cher-Ae Heights Indian Community 84,370.00

Chicken Ranch Rancheria 84,370.00

Cloverdale Rancheria 84,370.00

Cold Springs Rancheria 84,370.00

Colorado River Indian Tribes 84,370.00

Cortina Rancheria 84,370.00

Death Valley Timbi-Sha Shoshone Tribe 84,370.00

Elem Indian Colony 84,370.00

Elk Valley Rancheria 84,370.00

Enterprise Rancheria 84,370.00

Ewiiaapaayp Band of Kumeyaay Indians 84,370.00

Federated Indians of Graton Rancheria 84,370.00

Fort Bidwell Indian Community 84,370.00

Fort Independence Reservation 84,370.00

Fort Mojave Indian Tribe 84,370.00

Greenville Rancheria 84,370.00

Grindstone Rancheria 84,370.00

Guidiville Rancheria 84,370.00

Hoopa Valley Tribe 84,370.00

Inaja-Cosmit Mission Indians 84,370.00




DATE: September 8, 2004



SUBJECT: Indian Gaming Special Distribution Fund and Indian Gaming Revenue Sharing Trust Fund Shortfall Distribution Report to Legislature per Government Code Section 12012.90

Government Code Section 12012.90 provides a mechanism to allow the California Gambling Control Commission (Commission) to distribute moneys appropriated and transferred from the Indian Gaming Special Distribution Fund (SDF) to the Indian Gaming Revenue Sharing Trust Fund (RSTF) for the purpose of making payments of any shortfalls that may occur in the RSTF. Additionally, Government Code Section 12012.85 provides for how moneys in the SDF shall be available for appropriation by the Legislature.

Section 12012.90 was originally added to the Government Code effective August 11, 2003. This section was amended this year effective August 16, 2004, with the chaptering of Senate Bill 1102 as Chapter 227, Statutes of 2004. The bill was a budget trailer bill and included an urgency clause. A copy of the relevant portions of Senate Bill 1102 as enacted and related to Government Code Section 12012.90 is attached to this report for your information.

The statute calls for the Commission to distribute the moneys without delay to eligible recipient Indian tribes. The Commission has acted as quickly as possible. As noted above, the amended statute was effective on August 16, 2004. On August 13, 2004 the agenda for the August 24, 2004, Commission meeting was announced. Due to timing constraints related to providing public notice and the approval of pending legislation effecting the shortfall distribution, it was not previously possible to consider a shortfall distribution report. The earliest that the Commission would thus be able to consider a shortfall distribution report is at the Commission meeting of September 8, 2004.

Original statute language in Section 12012.90 of the Government Code required the Commission to:

Determine the aggregate amount of shortfalls in payments that occurred in the RSTF pursuant to Section 4.3.2.1 of the Tribal-State Gaming Compacts (Compact) for each fiscal year commencing with the 2002-03 fiscal year as prescribed in subdivision (a) of Government Code Section 12012.90,

Report the amount of the shortfall that was determined to the committees in the Legislature that consider the State Budget after the Commission authorizes the final payment for each fiscal year from the RSTF, and

Exhibit 1

Aggregate Amount of Shortfalls in Payments that Occurred in the Indian Gaming Revenue Sharing Trust Fund for Fiscal Year 2003-04

Eligible Recipient Indian Tribe Quarters Eligible

Total Potential Distribution

Total Approved Distribution

Aggregate Shortfall

Alturas Indian Rancheria 4 $1,100,000.00 $453,332.69 $646,667.31

Bear River Band of the Rohnerville Rancheria 4 1,100,000.00 453,332.69 646,667.31

Benton Paiute Reservation 4 1,100,000.00 453,332.69 646,667.31

Big Lagoon Rancheria 4 1,100,000.00 453,332.69 646,667.31

Big Pine Reservation 4 1,100,000.00 453,332.69 646,667.31

Big Sandy Rancheria 4 1,100,000.00 453,332.69 646,667.31

Bridgeport Paiute Indian Colony 4 1,100,000.00 453,332.69 646,667.31

Buena Vista Rancheria 4 1,100,000.00 453,332.69 646,667.31

Cahto Indian Tribe of Laytonville 4 1,100,000.00 453,332.69 646,667.31

Cahuilla Band of Mission Indians 4 1,100,000.00 453,332.69 646,667.31

California Valley Miwok Tribe 4 1,100,000.00 453,332.69 646,667.31

Cedarville Rancheria 4 1,100,000.00 453,332.69 646,667.31

Chemehuevi Indian Tribe 4 1,100,000.00 453,332.69 646,667.31

Cher-Ae Heights Indian Community 4 1,100,000.00 453,332.69 646,667.31

Chicken Ranch Rancheria 4 1,100,000.00 453,332.69 646,667.31

Cloverdale Rancheria 4 1,100,000.00 453,332.69 646,667.31

Cold Springs Rancheria 4 1,100,000.00 453,332.69 646,667.31

Colorado River Indian Tribes 4 1,100,000.00 453,332.69 646,667.31

Cortina Rancheria 4 1,100,000.00 453,332.69 646,667.31

Cuyapaipe Community of Mission Indians 4 1,100,000.00 453,332.69 646,667.31

Death Valley Timbi-Sha Shoshone Tribe 4 1,100,000.00 453,332.69 646,667.31

Elem Indian Colony 4 1,100,000.00 453,332.69 646,667.31

Elk Valley Rancheria 4 1,100,000.00 453,332.69 646,667.31

Enterprise Rancheria 4 1,100,000.00 453,332.69 646,667.31

Fort Bidwell Indian Community 4 1,100,000.00 453,332.69 646,667.31

Fort Independence Reservation 4 1,100,000.00 453,332.69 646,667.31

Fort Mojave Indian Tribe 4 1,100,000.00 453,332.69 646,667.31

Graton Rancheria 4 1,100,000.00 453,332.69 646,667.31

Greenville Rancheria 4 1,100,000.00 453,332.69 646,667.31

Grindstone Rancheria 4 1,100,000.00 453,332.69 646,667.31

Guidiville Rancheria 4 1,100,000.00 453,332.69 646,667.31

Hoopa Valley Tribe 4 1,100,000.00 453,332.69 646,667.31

Inaja-Cosmit Mission Indians 4 1,100,000.00 453,332.69 646,667.31

Ione Band of Miwok Indians 4 1,100,000.00 453,332.69 646,667.31

Jamul Indian Village 4 1,100,000.00 453,332.69 646,667.31



Mailing Address: P.O. Box 526013 • Sacramento, CA 95852-6013Phone: (916) 263-0700 • FAX: (916) 263-0499

DATE: August 4, 2004


FROM: Gary Qualset, Deputy DirectorLicensing and Compliance Division

SUBJECT: Revenue Sharing Trust Fund Report of Distribution of Funds to Non-CompactTribes for the Quarter Ended June 30, 2004

ISSUE: Can the Gambling Control Commission (Commission) make a current quarterly distribution from the Indian Gaming Revenue Sharing Trust Fund (IGRSTF) to each eligible Non-Compact Tribe for the quarter ended June 30, 2004?



To date, the Commission has approved the distribution of approximately $109.13 million inlicense fees, payments, and interest income from the IGRSTF covering fifteen fiscal quarters from July 1, 2000 through March 31, 2004. The current distribution being proposed will make a distribution of the actual amount of license fees received and any interest income that may have been deposited in the IGRSTF for the quarter ended June 30, 2004, leaving an undistributedbalance of license fees, payments received, and interest income in the IGRSTF as of that date ofless than $1.00.

As shown in Exhibit 1, all eligible tribes will be receiving $124,901.51 for this distribution. Totallicense fees of approximately $8.72 million and interest earned of $30,058.51 for the quarterlyperiod ended March 31, 2004 and deposited in April 2004 into the IGRSTF for the quarter ended June 30, 2004 amounted to approximately $8.75 million. A portion of the interest earned is allocated to previously approved distributions held in abeyance in the IGRSTF on behalf of two(2) tribes in the amount of $9,618.87, therefore reducing the amount of funds recommended fordistribution to $8.74 million. Approved distributions are held if there is a tribal leadership dispute decision on appeal with the federal government. The remaining receipts are equally distributed to the seventy (70) tribes listed in Exhibit 1 as eligible Non-Compact recipient tribes (pending receipt of outstanding eligibility certification forms, if any). Thus, the equal share distribution amount pertribe for this quarter is as noted above.

On August 25, 2003, the Commission approved the report to the Legislature as required by Assembly Bill No. 673, Chapter 210, Statutes of 2003 (Government Code Section 12012.90).The bill authorizes the Commission to distribute funds transferred from the Indian Gaming Special Distribution Fund (IGSDF) to the Indian Gaming Revenue Sharing Trust Fund (IGRSTF) to eligible Tribes in accordance with Government Code section 12012.90. The report identified a likely overpayment in the amount of $50,358.48 made to the Augustine Band of Mission Indians

Exhibit 1


Non-Compact Indian TribeAmount of Funds Recommended to

be Distributed





































DATE: April 28, 2004



SUBJECT: Indian Gaming Special Distribution Fund and Indian Gaming Revenue Sharing Trust Fund Supplemental Report to Legislature per Assembly Bill 673, Chapter 210, Statutes of 2003 (Government Code section 12012.90)

On August 25, 2003, the Commission approved the report to the Legislature as required by Government Code Section 12012.90 and added by Assembly Bill 673, Chapter 210, Statutes of 2003. The bill authorizes the Commission to distribute funds transferred from the Indian Gaming Special Distribution Fund (IGSDF) to the Indian Gaming Revenue Sharing Trust Fund (IGRSTF) to eligible Tribes in accordance with Government Code Section 12012.90. The report identified a likely overpayment in the amount of $50,358.63 made to a Tribe (Augustine Band Of Cahuilla Mission Indians) for the quarter ended March 31, 2003, based on the results of an audit of eligibility to receive quarterly distributions from the IGRSTF in accordance with the Tribal-State Gaming Compact Sections 4.3.2.1 (a) and (b).

Pending resolution of this issue and for reasons of prudent management of the IGRSTF, the Commission temporarily retained in the IGRSTF the amount of distribution made previously to the Tribe for the above-referenced quarter and a portion of the Tribe’s potential share of moneys appropriated by Assembly Bill 673. In addition, the Commission made distribution of moneys transferred to the IGRSTF pursuant to Section 9 of Assembly Bill 673 according to Exhibit 1 attached to the August 25, 2003 Commission staff report to the Legislature.

Commission staff had previously presented a recommendation to the Commission at the Commission meeting of December 18, 2003, that the Tribe was not eligible to receive a distribution from the IGRSTF for the quarter ended March 31, 2003. The Commission continued action on the staff recommendation at the request of the Tribe. The Tribe requested that the Commission defer action on this item so it could request a meet and confer within 10 days of theDecember 18, 2003, Commission meeting. The meet and confer dispute resolution must be filed with the Governor in accordance with the dispute resolution provision of Compact Section 9.1. As of the date of this report, resolution of this issue and the open eligibility audit is still pending.

If the Commission determines that the Tribe was not eligible to receive the distribution for the quarter ended March 31, 2003, the amount of $50,358.63 withheld from the Tribe would be redistributed in equal shares to all other 74 tribes eligible during that quarter as additionaldistribution for the quarter. The equal share to each remaining eligible tribe is $680.52 for a total of $50,358.48 as shown in Exhibit 1. This amount was originally paid out of funds deposited into the IGRSTF as license fees and interest payments during the quarter ended

Exhibit 1

Additional Distribution for Quarter Ended March 31, 2003 if Augustine Band of Cahuilla Mission Indians Was

Not Eligible for the Quarter Ended March 31, 2003

Eligible Recipient Indian Tribe RevisedDistribution

OriginalDistribution

AdditionalDistribution

Alturas Indian Rancheria $51,039.15 $50,358.63 $680.52

Bear River Band of the Rohnerville Rancheria 51,039.15 50,358.63 680.52

Benton Paiute Reservation 51,039.15 50,358.63 680.52

Big Lagoon Rancheria 51,039.15 50,358.63 680.52

Big Pine Reservation 51,039.15 50,358.63 680.52

Big Sandy Rancheria 51,039.15 50,358.63 680.52

Blue Lake Rancheria 51,039.15 50,358.63 680.52

Bridgeport Paiute Indian Colony 51,039.15 50,358.63 680.52

Buena Vista Rancheria 51,039.15 50,358.63 680.52

Cahto Indian Tribe of Laytonville 51,039.15 50,358.63 680.52

Cahuilla Band of Mission Indians 51,039.15 50,358.63 680.52

California Valley Miwok Tribe 51,039.15 50,358.63 680.52

Cedarville Rancheria 51,039.15 50,358.63 680.52

Chemehuevi Indian Tribe 51,039.15 50,358.63 680.52

Cher-Ae Heights Indian Community 51,039.15 50,358.63 680.52

Chicken Ranch Rancheria 51,039.15 50,358.63 680.52

Cloverdale Rancheria 51,039.15 50,358.63 680.52

Cold Springs Rancheria 51,039.15 50,358.63 680.52

Colorado River Indian Tribes 51,039.15 50,358.63 680.52

Cortina Rancheria 51,039.15 50,358.63 680.52

Cuyapaipe Community of Mission Indians 51,039.15 50,358.63 680.52

Death Valley Timbi-Sha Shoshone Tribe 51,039.15 50,358.63 680.52

Dry Creek Rancheria 51,039.15 50,358.63 680.52

Elem Indian Colony 51,039.15 50,358.63 680.52

Elk Valley Rancheria 51,039.15 50,358.63 680.52

Enterprise Rancheria 51,039.15 50,358.63 680.52

Fort Bidwell Indian Community 51,039.15 50,358.63 680.52

Fort Independence Reservation 51,039.15 50,358.63 680.52

Fort Mojave Indian Tribe 51,039.15 50,358.63 680.52

Graton Rancheria 51,039.15 50,358.63 680.52

Greenville Rancheria 51,039.15 50,358.63 680.52

Grindstone Rancheria 51,039.15 50,358.63 680.52

Guidiville Rancheria 51,039.15 50,358.63 680.52

Hoopa Valley Tribe 51,039.15 50,358.63 680.52

Inaja-Cosmit Mission Indians 51,039.15 50,358.63 680.52

Ione Band of Miwok Indians 51,039.15 50,358.63 680.52

Jamul Indian Village 51,039.15 50,358.63 680.52







SUBJECT: Revenue Sharing Trust Fund Report of Distribution of Funds to Non-Compact Tribes for the Quarter Ended March 31, 2004

ISSUE: Can the Gambling Control Commission (Commission) make a current quarterly distribution from the Indian Gaming Revenue Sharing Trust Fund (IGRSTF) to each eligible Non-Compact Tribe for the quarter ended March 31, 2004?



To date, the Commission has approved the distribution of approximately $100.84 million in license fees, payments, and interest income from the IGRSTF covering fourteen fiscal quarters from July 1, 2000 through December 31, 2003. The current distribution being proposed will make a distribution of the actual amount of license fees received and any interest income that may have been deposited in the IGRSTF for the quarter ended March 31, 2004, leaving an undistributed balance of license fees, payments received, and interest income in the IGRSTF as of that date of less than $1.00.

As shown in Exhibit 1, all eligible tribes will be receiving $118,318.37 for this distribution. Total license fees of approximately $8.22 million and interest earned of $71,763.55 for the semi-annual period ended December 31, 2003 and deposited in January 2004 into the IGRSTF for the quarter ended March 31, 2004 amounted to approximately $8.30 million. A portion of the interest earned is allocated to previously approved distributions held in abeyance in the IGRSTF on behalf of two (2) tribes in the amount of $18,619.25, therefore reducing the amount of funds available for distribution to $8.28 million. Approved distributions are held if there is a tribal leadership dispute decision on appeal with the federal government. Any undisbursed principal and interest that is held pending distribution will be disbursed upon final resolution of the tribal leadership dispute. The remaining receipts are equally distributed to seventy tribes (70) listed in Exhibit 1 as eligible Non-Compact recipient tribes (pending receipt of outstanding eligibility certification forms, if any). Thus, the equal share distribution amount per tribe for this quarter is as noted above.

The Commission was not able to disburse IGRSTF funds to the Pinoleville Rancheria in the past, due to a Tribal leadership recognition dispute that was pending appeal resolution by the federal government. The dispute has been resolved and all withheld funds and accrued interest through

Exhibit 1



be Distributed





































DATE: February 5, 2004



SUBJECT: Revenue Sharing Trust Fund Report of Distribution of Funds to Non-CompactTribes for the Quarter Ended December 31, 2003

ISSUE: Can the Gambling Control Commission (Commission) make a current quarterly distribution from the Indian Gaming Revenue Sharing Trust Fund (IGRSTF) to each eligible Non-Compact Tribe for the quarter ended December 31, 2003?



To date, the Commission has approved the distribution of approximately $94.58 million in license fees, payments, and interest income from the IGRSTF covering thirteen fiscal quarters from July 1, 2000 through September 30, 2003. The current distribution being proposed will make a distribution of the actual amount of license fees received and any interest income that may have been deposited in the IGRSTF for the quarter ended December 31, 2003, leaving anundistributed balance of license fees, payments received, and interest income in the IGRSTF asof that date of less than $1.00.

On December 19, 2003, the Commission conducted a license draw pursuant to Compact section 4.3.2.2, and awarded 750 Gaming Device licenses to qualifying tribes. A non-refundableone-time pre-payment fee of $1,250 per license was collected for each of the 750 licenses, which resulted in $937,500 deposited into the IGRSTF. These monies are included in the distribution amount for the quarter ending December 31, 2003.

Total license fees, payments received, and interest earned and deposited into the IGRSTF for the quarter ended December 31, 2003 amounted to approximately $6.26 million. This consisted of $937,500 of prepayment license fees, and $5.32 million of quarterly license fees and payments received.

As shown in Exhibit 1, all eligible tribes will be receiving $89,458.07 for this distribution. A portion of the interest earned is allocated to previously approved distributions held in abeyance in the IGRSTF on behalf of two (2) tribes. The principal and interest held are pending distribution. Theremaining receipts are equally distributed to seventy tribes listed in Exhibit 1 as eligible Non-Compact recipient tribes (pending receipt of outstanding eligibility certification forms, if any).Thus, the equal share distribution amount per tribe for this quarter is as noted above.

Exhibit 1



be Distributed


































DATE: October 22, 2003



SUBJECT: Revenue Sharing Trust Fund Report of Distribution of Funds to Non-CompactTribes for the Quarter Ended September 30, 2003


The Commission has a fiduciary responsibility for the IGRSTF as Trustee of the IGRSTF per all of the Tribal-State Gaming Compacts (Compacts) as noted in Section 4.3.2(a)(ii). Additionally, the Commission shall make distributions in accordance with Sections 4.3.2.1(a) and (b).

The IGRSTF serves as the depository for payments made by Tribes that acquire and maintain gaming device licenses and interest income earned by the IGRSTF. The process for allocating licenses and the awarding thereof by the Trustee is outlined in Section 4.3.2.2. This Section also specifies the amounts that shall be paid for license fees.

To date, the Commission has approved the distribution of approximately $86.1 million in license fees and interest income from the IGRSTF covering twelve fiscal quarters from July 1, 2000 through June 30, 2003. The current distribution being proposed will make a distribution of the actual amount of license fees received and any interest income that may have been deposited in the IGRSTF for the quarter ended September 30, 2003, leaving an undistributed balance oflicense fees, payments received, and interest income in the IGRSTF as of that date of less than $1.00.

In addition to license fees and interest income, during the quarter a total of $50,568,787.99 was transferred from the Indian Gaming Special Distribution Fund to the IGRSTF pursuant to Assembly Bill No. 673 (Chapter 210, Statues of 2003). The enacted bill added Government Code section 12090.90 that provides for methodologies of determining the maximum possible amountof transfer and distribution of these moneys.

Total license fees, payments received, and interest earned and deposited into the IGRSTF for the quarter ended September 30, 2003 amounted to approximately $8.4 million. This consisted of $1.25 million of prepayment license fees, and $7.15 million of quarterly license fees andpayments received. Approximately $54,000 of interest income was also deposited into the IGRSTF during the quarter.

As shown in Exhibit 1, all eligible tribes will be receiving $120,654.74 for this distribution. Aportion of the interest earned is allocated to previously approved distributions held in trust in the IGRSTF on behalf of two (2) tribes. The principal and interest held are pending distribution. Theremaining receipts are equally distributed to seventy tribes listed in Exhibit 1 as eligible Non-Compact recipient tribes (pending receipt of outstanding eligibility certification forms, if any).Thus, the equal share distribution amount per tribe for this quarter is as noted above.

At the end of the calendar quarter for distribution and as of the close of business on September30, 2003, the amount of outstanding license fee payments due into the IGRSTF was approximately $2.97 million. If the total license fee payments due at the end of this quarter had

Exhibit 1



be Distributed




















Cuyapaipe Community of Mission Indians 120,654.74








Graton Rancheria 120,654.74







CALIFORNIA GAMBLING CONTROL COMMISSIONPhysical Address: 2399 Gateway Oaks, Suite 100 • Sacramento, CA 95833-4231


DATE: August 25, 2003



SUBJECT: Indian Gaming Special Distribution Fund and Indian Gaming Revenue Sharing Trust Fund Report to Legislature per Assembly Bill 673, Chapter 210, Statutes of2003 (Government Code Section 12012.90)

On July 29, 2003, the Legislature passed Assembly Bill 673. The bill included an urgency clause.The Governor subsequently approved and signed the bill on August 9, 2003. The bill waschaptered by the Secretary of State on August 11, 2003, as Chapter 210, Statutes of 2003 to take effect immediately. The California Gambling Control Commission (Commission) held its previousmeeting on August 6, 2003, prior to the enactment of this legislation. A copy of Assembly Bill 673 as enacted is attached to this report.

This legislation adds Section 12012.90 to the Government Code that requires the Commission to:

• Determine the aggregate amount of shortfalls in payments that occurred in the Indian Gaming Revenue Sharing Trust Fund pursuant to Section 4.3.2.1 of the Tribal-StateGaming Compacts (Compact) for each fiscal year commencing with the 2002-03 fiscal year as prescribed in subdivision (a) of Government Code Section 12012.90,

• Report the amount of the shortfall that was determined to the committees in the Legislature that consider the State Budget after the Commission authorizes the final payment for each fiscal year from the Indian Gaming Revenue Sharing Trust Fund, and

• Distribute the moneys without delay upon a transfer and appropriation from the IndianGaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund to eligible recipient Indian tribes for each quarter that a tribe was eligible to receive a distribution during the fiscal year immediately preceding.

As set forth in the newly added Government Code Section 12012.90, in case of occurrence ofany shortfalls in payments that occur in the Indian Gaming Revenue Sharing Trust Fund during the preceding fiscal year, the Commission must determine the aggregate amount of that shortfall according to the method delineated in subparagraphs (A) and (B) of paragraph (1) of subdivision (a) of Government Code Section 12012.90. This method provides that the amount shall be the sum of the amounts determined in the above two subparagraphs as follows:

A. For each eligible recipient Indian tribe that received distributions for all four quarters of the fiscal year the amount shall be the difference between $1.1 million and the actual amountpaid to each eligible recipient Indian tribe during the fiscal year, and

Exhibit 1

Aggregate Amount of Shortfalls in Payments that Occurred in the Indian Gaming Revenue Sharing Trust Fund for Fiscal Year 2002-03

Eligible Recipient Indian Tribe QuartersEligible

Total Potential Distribution

Total Approved Distribution Aggregate

Shortfall

Alturas Indian Rancheria 4 $1,100,000.00 $416,839.19 $683,160.81

Augustine Band of Mission Indians 2 550,000.00 270,627.98 279,372.02

Bear River Band of the Rohnerville Rancheria 4 1,100,000.00 416,839.19 683,160.81

Benton Paiute Reservation 4 1,100,000.00 416,839.19 683,160.81

Big Lagoon Rancheria 4 1,100,000.00 416,839.19 683,160.81

Big Pine Reservation 4 1,100,000.00 416,839.19 683,160.81

Big Sandy Rancheria 4 1,100,000.00 416,839.19 683,160.81

Blue Lake Rancheria 4 1,100,000.00 416,839.19 683,160.81

Bridgeport Paiute Indian Colony 4 1,100,000.00 416,839.19 683,160.81

Buena Vista Rancheria 4 1,100,000.00 416,839.19 683,160.81

Cahto Indian Tribe of Laytonville 4 1,100,000.00 416,839.19 683,160.81

Cahuilla Band of Mission Indians 4 1,100,000.00 416,839.19 683,160.81

California Valley Miwok Tribe 4 1,100,000.00 416,839.19 683,160.81

Cedarville Rancheria 4 1,100,000.00 416,839.19 683,160.81

Chemehuevi Indian Tribe 4 1,100,000.00 416,839.19 683,160.81

Cher-Ae Heights Indian Community 4 1,100,000.00 416,839.19 683,160.81

Chicken Ranch Rancheria 4 1,100,000.00 416,839.19 683,160.81

Cloverdale Rancheria 4 1,100,000.00 416,839.19 683,160.81

Cold Springs Rancheria 4 1,100,000.00 416,839.19 683,160.81

Colorado River Indian Tribes 4 1,100,000.00 416,839.19 683,160.81

Cortina Rancheria 4 1,100,000.00 416,839.19 683,160.81

Cuyapaipe Community of Mission Indians 4 1,100,000.00 416,839.19 683,160.81

Death Valley Timbi-Sha Shoshone Tribe 4 1,100,000.00 416,839.19 683,160.81

Dry Creek Rancheria 3 825,000.00 321,667.13 503,332.87

Elem Indian Colony 4 1,100,000.00 416,839.19 683,160.81

Elk Valley Rancheria 4 1,100,000.00 416,839.19 683,160.81

Enterprise Rancheria 4 1,100,000.00 416,839.19 683,160.81

Fort Bidwell Indian Community 4 1,100,000.00 416,839.19 683,160.81

Fort Independence Reservation 4 1,100,000.00 416,839.19 683,160.81

Fort Mojave Indian Tribe 4 1,100,000.00 416,839.19 683,160.81

Graton Rancheria 4 1,100,000.00 416,839.19 683,160.81

Greenville Rancheria 4 1,100,000.00 416,839.19 683,160.81

Grindstone Rancheria 4 1,100,000.00 416,839.19 683,160.81

Guidiville Rancheria 4 1,100,000.00 416,839.19 683,160.81

Hoopa Valley Tribe 4 1,100,000.00 416,839.19 683,160.81

Inaja-Cosmit Mission Indians 4 1,100,000.00 416,839.19 683,160.81

Ione Band of Miwok Indians 4 1,100,000.00 416,839.19 683,160.81

Jamul Indian Village 4 1,100,000.00 416,839.19 683,160.81




DATE: July 24, 2003



SUBJECT: Revenue Sharing Trust Fund Report of Distribution of Funds to Non-CompactTribes for the Quarter Ended June 30, 2003

ISSUE: Can the Gambling Control Commission (Commission) make a current quarterly distribution from the Indian Gaming Revenue Sharing Trust Fund (IGRSTF) to each eligible Non-Compact Tribe for the quarter ended June 30, 2003?


The IGRSTF serves as the depository for payments made by Tribes that acquire and maintain gaming device licenses and interest income earned by the IGRSTF. The process for allocating licenses and the awarding thereof is outlined in Section 4.3.2.2. This Section also provides for the amounts that shall be paid for license fees.

To date, the Commission has approved the distribution of approximately $79.4 million from the IGRSTF covering eleven fiscal quarters from July 1, 2000 through March 31, 2003. The current distribution that is being proposed will make a distribution of the actual amounts in the IGRSTF for the quarter ended June 30, 2003, leaving an undistributed balance in the IGRSTF as of that date of less than $1.00.

As shown in Exhibit 1, all eligible tribes will be receiving $95,172.06 for this distribution. Triballicense fees and payments received and deposited into the IGRSTF for the quarter ended June30, 2003 amounted to approximately $6.75 million. Seventy-one tribes are listed in Exhibit 1 aseligible Non-Compact recipient tribes (pending receipt of outstanding eligibility certification forms, if any). Thus, the equal share distribution amount per tribe for this quarter is as noted above.

At the end of the calendar quarter for distribution and as of the close of business on June 30,2003, the amount of outstanding license fee payments due into the IGRSTF was approximately $4,264,000. If the total license fee payments due at the end of this quarter had been paid into the IGRSTF, recipient tribes would have received $60,058.73 in additional moneys along with this quarter’s distribution. The Commission makes quarterly distributions on a cash basis based on the amount of available funds in the IGRSTF each quarter. Total license fee paymentsoutstanding and due for the quarter ended June 30, 2003 are summarized in the table on the following page:

Exhibit 1

Non-Compact Tribes Eligible to Receive a Distribution From the IGRSTF (Based on the Commission’s Methodology) and the Amount of Funds Recommended for Distribution


be Distributed







Blue Lake Rancheria 95,172.06

































SUBJECT: Revenue Sharing Trust Fund Report of Distribution of Funds to Non-CompactTribes for the Quarter Ended March 31, 2003

ISSUE: Can the Gambling Control Commission (Commission) make a current quarterly distribution from the Indian Gaming Revenue Sharing Trust Fund (IGRSTF) to each eligible Non-Compact Tribe for the quarter ended March 31, 2003?



To date, the Commission has approved the distribution of approximately $75.6 million from theIGRSTF covering ten fiscal quarters from July 1, 2000 through December 31, 2002. Distributions from the IGRSTF were brought current for the quarter ended June 30, 2002. Approval and disbursement of this quarterly distribution will represent the fourth full and regular quarterlydistribution from the IGRSTF over the past twelve-month period. The current distribution that is being proposed will make a distribution of the actual amounts in the IGRSTF for the quarter ended March 31, 2003, leaving a balance in the IGRSTF of less than $1.00.

As shown in Exhibit 1, all eligible tribes will be receiving $50,358.63 for this distribution. Triballicense fees and payments, plus interest earnings ($219,701.36), received and deposited into the IGRSTF for the quarter ended March 31, 2003 amounted to approximately $3.7 million.Seventy-five tribes are listed in Exhibit 1 as eligible Non-Compact recipient tribes (pending receipt of outstanding eligibility certification forms, if any). Thus, the equal share distribution amount pertribe for this quarter is as noted above.

At the end of the calendar quarter for distribution and as of the close of business on March 31, 2003, the amount of outstanding license fee payments due into the IGRSTF was approximately $5,458,000. If the total license fee payments due at the end of this quarter had been paid into the IGRSTF, recipient tribes would have received $72,786.25 in additional moneys along with this quarter’s distribution. The Commission makes quarterly distributions on a cash basis based on the amount of available funds in the IGRSTF each quarter. Total license fee paymentsoutstanding and due for the quarter ended March 31, 2003 are summarized in the table on the following page:

Exhibit 1

Non-Compact Tribes Eligible to Receive a Distribution From the IGRSTF (Based on the Commission’s Methodology) and the Amount of Funds Recommended for Distribution


be Distributed


Augustine Band of Mission Indians 50,358.63






















Dry Creek Rancheria 50,358.63















DATE: February 5, 2003



SUBJECT: Revenue Sharing Trust Fund Report of Distribution of Funds to Non-Compact Tribes for the Quarter Ended December 31, 2002




To date, the Commission has approved the distribution of approximately $67.3 million from the IGRSTF covering nine fiscal quarters from July 1, 2000 through September 30, 2002. Distributions from the IGRSTF were brought current for the quarter ended June 30, 2002 and are now being made on a quarterly basis. The current distribution that is being proposed will make a distribution of the actual amounts in the IGRSTF for the quarter ended December 31, 2002, leaving a balance in the IGRSTF of less than $1.00. As shown in Exhibit 1, all eligible tribes will be receiving $111,234.00 for this distribution.

It is also being recommended that this distribution be on a conditional basis pending receipt of certification of the maximum number of gaming devices operated during the quarter by each tribe that is required to submit a completed certification form. Tribes that are required to complete the certification form are those tribes that entered into Compacts with the State of California and have operated less than three hundred-fifty gaming devices during the previous quarter. This new policy goes into effect this distribution period in order for the Commission to disburse funds to eligible tribes more efficiently. See Exhibit 4 for a copy of the letter that was sent to all Tribes informing them of this new procedure. Prior to this distribution, all tribes eligible to receive distributions were required to submit certification forms.

Pursuant to Item 0855-101-0366 of the Budget Act of 2002, $46 million was appropriated for distribution to noncompact tribes. Per Provision 3 of Item 0855-101-0366, the following items are requested according to control language as part of any request to augment Item 0855-101-0366. Although no augmentation is being requested with this distribution, we are submitting the following report information voluntarily.

Exhibit 1

Non-Compact Tribes Eligible to Receive a Distribution from the IGRSTF (based on the Commission’s Methodology) and the Amount of Funds Recommended for Distribution


be Distributed





































CALIFORNIA GAMBLING CONTROL COMMISSIONPhysical Address: 300 Capitol Mall, Suite 300 • Sacramento, CA 95814-4338


DATE: November 21, 2002



SUBJECT: Revenue Sharing Trust Fund Report of Distribution of Funds to Non-Compact Tribes for the Quarter Ended September 30, 2002



The IGRSTF serves as the depository for gaming device license fees paid by Tribes that acquire and maintain gaming device licenses. The process for allocating licenses and the awarding thereof is outlined in Section 4.3.2.2. This Section also provides for the amounts that shall be paid for license fees.

To date, the Commission has approved the distribution of approximately $55.6 million from the IGRSTF covering eight fiscal quarters from July 1, 2000 through June 30, 2002. Distributions from the IGRSTF were brought current last quarter and are now being made on a quarterly basis.The current distribution that is being proposed will make a distribution of the actual amounts in the IGRSTF for the quarter ended September 30, 2002, leaving a balance in the IGRSTF of less than $1.00.

As shown in Exhibit 1, the majority of tribes will be receiving a distribution of $159,393.98, but as reported previously it is important to note that for two tribes the amounts being recommended for distribution is less due to the differences of quarters that the two tribes were eligible for distribution and the amount of money that was in the IGRSTF for the first quarter. Those two tribes received overpayments in the first two partial distributions that were made. As noted in previous reports, distributions were adjusted for those overpayments and the overpayments are subject to refund by the tribes to the Commission. With offset of the current distribution, the two tribes will have paid back all amounts owed to the IGRSTF and are entitled to a partial distribution of $26,988.01 this quarter. They will be entitled to full distributions in the future provided they remain eligible.

It is also being recommended that this distribution be on a conditional basis pending receipt of certification of the maximum number of gaming devices operated for the quarter by each eligible tribe. A distribution will only be made after receipt of certification and eligibility is determined.

Pursuant to Item 0855-101-0366 of the Budget Act of 2002, $46 million was appropriated for distribution to noncompact tribes. Per Provision 3 of Item 0855-101-0366, the following items are requested according to control language as part of any request to augment Item 0855-101-0366.

Exhibit 1

Non-Compact Tribes Eligible to Receive a Distribution from the IGRSTF (based on the Commission’s Methodology) and the Amount of Funds Recommended for Distribution


be Distributed





































CALIFORNIA GAMBLING CONTROL COMMISSION Physical Address: 2399 Gateway Oaks Drive, Suite 100 • Sacramento, CA 95833-4231


DATE: August 27, 2002 TO: Gambling Control Commission FROM: Gary Qualset, Deputy Director Licensing and Compliance Division SUBJECT: Report to Legislature for Distribution of Funds from Indian Gaming Revenue

Sharing Trust Fund ISSUE: Can the Gambling Control Commission (Commission) make a distribution from the Indian Gaming Revenue Sharing Trust Fund (RSTF) to adjust the previous partial distributions made to actual amounts due and bring the quarterly distribution process current through June 30, 2002? The Commission has a fiduciary responsibility for the RSTF as Trustee of the RSTF per all of the Tribal-State Gaming Compacts (Compacts) as noted in Section 4.3.2(a)(ii). Additionally, the Commission shall make distributions in accordance with Sections 4.3.2.1(a) and (b). The RSTF serves as the depository for gaming device licensing fees paid by Tribes that acquire and maintain gaming device licenses. The process for allocating licenses and the awarding thereof is outline in Section 4.3.2.2. This Section also provides for the amounts that shall be paid for license fees. The State’s Budget Act for FY2001-02 requires the Commission to submit a report to the Legislature containing specified information when appropriation augmentations are requested for the distribution of moneys from the RSTF.1 Moreover, the Legislature needs to authorize the Commission to distribute funds from the RSTF (Gov. Code Section 12012.75). For FY2002-03 distributions, the California State Budget must first be enacted in order to have authority to make distributions for the current year. The Commission has initiated pursuing alternative distribution authority under the Budget Act for FY2001-02 and hopes to receive approval as soon as possible.

1 The Budget Act FY2001-02 (Chap. 106, Item #0855-101-0366(3)) specifies that “…the California Gambling Control Commission shall provide the Chairperson of the Joint Legislative Budget Committee and the chairperson of the committee in each house that considers appropriations a report identifying (1) the methodology for determining a noncompact tribe; (2) a list of the noncompact tribes identified based on the commission’s methodology; (3) a trust fund condition report including the amount of revenue received from each compact tribe; and (4) the amount of funds to be distributed to each noncompact tribe. Upon receiving additional expenditure authority for distributing funds under the trust fund, the commission shall submit that information to the chairpersons of the committees on a quarterly basis concurrent with the distribution of the funds to the noncompact tribes.”

4

Attachment #1

Report on Distribution of Funds from the Revenue Sharing Trust Fund

Exhibit 1 (continued) Non-Compact Tribes Eligible to Receive a Distribution from the IGRSTF and the Amount of Funds Recommended for Distribution

Non-Compact Indian Tribe Amount of Funds Recommended to be Distributed

Ione Band of Miwok Indians 188,385.42 Jamul Indian Village 188,385.42 Karuk Tribe of California 188,385.42 La Jolla Band of Luiseno Indians 188,385.42 La Posta Band of Mission Indians 188,385.42 Lone Pine Reservation 188,385.42 Los Coyotes Reservation 188,385.42 Lytton Rancheria 188,385.42 Manchester Point Arena Rancheria 188,385.42 Manzanita Band of Mission Indians 188,385.42 Mesa Grande Band of Mission Indians 188,385.42 Middletown Rancheria Band of Pomo Indians 182,578.08 North Fork Rancheria 188,385.42 Pala Band of Mission Indians 182,578.08 Paskenta Band of Nomlaki Indians 188,385.42 Pauma/Yuima Band of Mission Indians 182,578.08 Picayune Rancheria 188,385.42 Pinoleville Reservation 188,385.42 Pit River Tribe 188,385.42 Potter Valley Reservation 188,385.42 Quartz Valley Reservation 188,385.42 Quechan Indian Nation 188,385.42 Ramona Band of Mission Indians 188,385.42 Redwood Valley Rancheria 188,385.42 Resighhini Rancheria 188,385.42 Rincon Band of Mission Indians 241,306.53 Rohnerville Rancheria 188,385.42 Round Valley Reservation 188,385.42 San Pasqual Mission Indians 182,578.08 Santa Rosa Band of Mission Indians 188,385.42 Santa Ysabel Band of Mission Indians 188,385.42 Scotts Valley Rancheria 188,385.42 Sheep Ranch Rancheria 188,385.42 Sherwood Valley Rancheria 188,385.42 Shingle Springs Rancheria 188,385.42 Smith River Rancheria 188,385.42

STATE OF CA LIFORNIA GRAY DAVIS, Governor



DATE: December 19, 2001 TO: Gambling Control Commission FROM: Gary Qualset, Deputy Director Licensing and Compliance Division SUBJECT: Report to Legislature for Distribution of Funds from Indian Gaming Revenue

Sharing Trust Fund ISSUE: Can the Gambling Control Commission (Commission) make a partial distribution from the Indian Gaming Revenue Sharing Trust Fund (RSTF) with the information currently available to the Commission for the two fiscal quarters covering the period April 1, 2001 through September 30, 2001? The Commission has a fiduciary responsibility for the RSTF as Trustee of the RSTF per all of the Tribal-State Gaming Compacts (Compacts). The Compacts place limitations on the Commission’s ability to exercise discretion when making distributions from the RSTF.1 The State’s Budget Act for FY2000-01 and FY2001-02 requires the Commission to submit a report to the Legislature containing specified information before any distributions from the RSTF can be made.2 Moreover, the Legislature needs to authorize the Commission to distribute funds from the RSTF (Gov. Code Section 12012.75).

1 The Compacts state that “…each Non-Compact Tribe in the State shall receive the sum of $1.1 million per year. In the event that there are insufficient monies in the …[RSTF]…to pay $1.1 million per year to each Non-Compact Tribe, any available monies in …[the RSTF]… shall be distributed to Non-Compact Tribes in equal shares.” (Section 4.3.2.1(a)). These Compacts also state that “payments made to Non-Compact Tribes shall be made quarterly and in equal shares out of the …[RSTF]. The Commission shall serve as the trustee of the …[RSTF]. The Commission shall have no discretion with respect to the use or disbursement of the trust funds. Its sole authority shall be to serve as a depository of the trust funds and to disburse them on a quarterly basis to Non-Compact Tribes. In no event shall the State’s General Fund be obligated to make up any shortfall or pay any unpaid claims.” (Section 4.3.2.1(b)) 2 The Budget Act for FY2000-01 (Chap.52, Item #0855-101-0366(3)) and FY2001-02 (Chap. 106, Item #0855-101-0366(3)) specifies that “…the California Gambling Control Commission shall provide the Chairperson of the Joint Legislative Budget Committee and the chairperson of the committee in each house that considers appropriations a report identifying (1) the methodology for determining a noncompact tribe; (2) a list of the noncompact tribes identified based on the commission’s methodology; (3) the methodology for determining the amount of revenue each compact tribe is required to pay into the Indian Gaming Revenue Trust Fund; (4) a trust fund condition report including the amount of revenue received from each compact tribe; and (5) the amount of funds to be distributed to each noncompact tribe. Upon receiving additional expenditure authority for distributing funds under the trust fund, the commission shall submit that information to the chairpersons of the committees on a quarterly basis concurrent

4

Attachment #1

Report on Distribution of Funds from the Revenue Sharing Trust Fund

10

Exhibit 1 (continued) Non-Compact Tribes Eligible to Receive a Partial Distribution from the IGRSTF (based on the Commission’s Methodology) and the Amount of Funds Recommended for Distribution

Non-Compact Indian Tribe

Amount of Funds Recommended to be Distributed

Santa Rosa Band of Mission Indians 200,000 Santa Ysabel Band of Mission Indians 200,000 Scotts Valley Rancheria 200,000 Sheep Ranch Rancheria 200,000 Sherwood Valley Rancheria 200,000 Shingle Springs Rancheria 200,000 Smith River Rancheria 200,000 Stewarts Point Rancheria 200,000 Susanville Indian Rancheria 200,000 Table Bluff Reservation 200,000 Timba-sha Shoshone Tribe 200,000 Torrez-Martinez Desert Cahuilla Indians 200,000 Trinidad Rancheria 200,000 United Auburn Indian Community 200,000 Upper Lake Rancheria 200,000 Washoe Tribe of Nevada & California 200,000 Yurok Tribe 200,000 Total $15,600,000 1 Footnotes:

1. The total amount of distribution to each tribe is subject to audit and verification by the Commission. Future distributions may be adjusted for any overpayments or underpayments that may have been made. If a tribe is subsequently determined to be a “Compact Tribe” by definition of the Compact, and is therefore not eligible for future distributions, any overpayments that may be made are subject to refund by a tribe(s) to the Commission. The above distributions are being recommended for distribution on a conditional basis and are subject to verification of eligibility. Distributions will only be made after receipt of a Tribal State Gaming Compact Gaming Device Certification Form (CGCC-C2000.02) that indicates eligibility in accordance with the terms of the Compact.




May 29, 2001 TO: Gambling Control Commission FROM: Robert Traverso, Interim Executive Director SUBJECT: Report to Legislature for Supplemental Distribution of Funds from Indian Gaming

Revenue Sharing Trust Fund ISSUE: Can the Gambling Control Commission (Commission) make a supplemental, partial distribution from the Indian Gaming Revenue Sharing Trust Fund (RSTF) with the information currently available to the Commission for the three calendar quarters covering the period July 1, 2000 through March 31, 2001? The Commission has a fiduciary responsibility for the RSTF as Trustee of the RSTF per all of the Tribal-State Gaming Compacts (Compacts). The Compacts place limitations on the Commission’s ability to exercise discretion when making distributions from the RSTF.1 The State’s Budget Act for FY2000-01 requires the Commission to submit a report to the Legislature containing specified information before any distributions from the RSTF can be made.2 Moreover, the Legislature needs to authorize the Commission to distribute funds from the RSTF (Gov.Code Section 12012.75) 1 The Compacts state that “…each Non-Compact Tribe in the State shall receive the sum of $1.1 million per year. In the event that there are insufficient monies in the …RSTF]…to pay $1.1 million per year to each Non-Compact Tribe, any available monies in …[the RSTF]… shall be distributed to Non-Compact Tribes in equal shares.” (Section 4.3.2.1(a)). These Compacts also state that “payments made to Non-Compact Tribes shall be made quarterly and in equal shares out of the …[RSTF]. The Commission shall serve as the trustee of the …RSTF. The Commission shall have no discretion with respect to the use or disbursement of the trust funds. Its sole authority shall be to serve as a depository of the trust funds and to disburse them on a quarterly basis to Non-Compact Tribes. In no event shall the State’s General Fund be obligated to make up any shortfall or pay any unpaid claims.” (Section 4.3.2.1(b)) 2 The Budget Act for FY2000-01 (Chap.52, Item #0855-101-0366(3)) specifies that “…the California Gambling Control Commission shall provide the Chairperson of the Joint Legislative Budget Committee and the chairperson of the committee in each house that considers appropriations a report identifying (1) the methodology for determining a noncompact tribe; (2) a list of the noncompact tribes identified based on the commission’s methodology; (3) the methodology for determining the amount of revenue each compact tribe is required to pay into the Indian Gaming Revenue Trust Fund; (4) a trust fund condition report including the amount of revenue received from each compact tribe; and (5) the amount of funds to be distributed to

5

Attachment #1

Supplemental Report to Legislature on

Distribution of Funds from the Revenue Sharing Trust Fund

11

Exhibit 1 (continued) Non-Compact Tribes Eligible to Receive a Partial Distribution from the IGRSTF (based on the Commission’s Methodology) and the Amount of Funds to be Distributed

Non-Compact Indian Tribe

Amount of Initial Funds Recommended to Be Distributed At May 10, 2001 Commission Meeting

Amount of Additional Funds Recommended to Be Distributed At May 30, 2001 Commission Meeting

Cumulative Total Funds Recommend-ed to be Distributed

Pala Band of Mission Indians 150,000 150,000 300,000 Paskenta Band of Nomlaki Indians 0 300,000 300,000 Pauma/Yuima Band of Mission Indians 150,000 150,000 300,000 Picayune Rancheria 150,000 150,000 300,000 Pinoleville Reservation 150,000 150,000 300,000 Pit River Tribe 150,000 150,000 300,000 Potter Valley Reservation 150,000 150,000 300,000 Quartz Valley Reservation 150,000 150,000 300,000 Quechan Indian Nation 3 0 300,000 300,000 Ramona Band of Mission Indians 150,000 150,000 300,000 Redwood Valley Rancheria 150,000 150,000 300,000 Resighhini Rancheria 150,000 150,000 300,000 Rincon Band of Mission Indians 5 0 200,000 200,000 Rohnerville Rancheria 150,000 150,000 300,000 Round Valley Reservation 150,000 150,000 300,000 San Pasqual Band of Diegueno Indians 150,000 150,000 300,000 Santa Rosa Band of Mission Indians 150,000 150,000 300,000 Santa Ysabel Band of Mission Indians 150,000 150,000 300,000 Scotts Valley Rancheria 150,000 150,000 300,000 Sheep Ranch Rancheria 150,000 150,000 300,000 Sherwood Valley Rancheria 0 300,000 300,000 Shingle Springs Rancheria 150,000 150,000 300,000 Smith River Rancheria 0 300,000 300,000 Stewarts Point Rancheria 150,000 150,000 300,000 Susanville Indian Rancheria 150,000 150,000 300,000 Table Bluff Reservation 150,000 150,000 300,000




DATE: January 25, 2005



SUBJECT: Revenue Sharing Trust Fund Report of Distribution of Funds to Non-Compact Tribes for the Quarter Ended December 31, 2004




To date, the Commission has approved the distribution of approximately $123.77 million in license fees, payments, and interest income from the IGRSTF covering seventeen fiscal quarters from July 1, 2000 through September 30, 2004. The current distribution being proposed will make a distribution of the actual amount of license fees received and any interest income that may have been deposited in the IGRSTF for the quarter ended December 31, 2004, leaving an undistributed balance of license fees, payments received, and interest income in the IGRSTF as of that date of less than $1.00.

As shown in Exhibit 1, all eligible tribes will be receiving $118,960.59 for this distribution. Total license fees of approximately $8.30 million and interest earned of $28,738.40 for the quarterly period ended December 31, 2004 and deposited in October 2004 into the IGRSTF for the quarter ended December 31, 2004 amounted to approximately $8.32 million. A portion of the interest earned is allocated to previously approved distributions held in abeyance in the IGRSTF on behalf of one (1) tribe in the amount of $7,948.16. Approved distributions will be held only in the event there is no existing tribal chairperson or representative with whom the BIA conducts government-to government relations, or there is some other unusual situation which calls into question the Commission’s ability to distribute funds to the tribe or otherwise carry out its obligation pursuant to Section 4.3.2.1 (b). The remaining receipts are equally distributed to the seventy (70) tribes listed in Exhibit 1 as eligible Non-Compact recipient tribes (pending receipt of outstanding eligibility certification forms, if any). Thus, the equal share distribution amount per tribe for this quarter is as noted above.

At the end of the calendar quarter for distribution and as of the close of business on December 31, 2004, the amount of outstanding license fee payments due into the IGRSTF was approximately $3.22 million. If the total license fee payments due at the end of this quarter had been paid into the IGRSTF, recipient tribes would have received $46,060.71 in additional moneys

Exhibit 1



be Distributed


































STATE OF CALIFORNIA GRAY DAVIS, CALIFORNIA GAMBLING...

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