Department of Justice Seal


FOR IMMEDIATE RELEASE    OTJ
FRIDAY, MARCH 6, 1998                                                                                                                             (202) 514-2008

JUSTICE DEPARTMENT AND CALIFORNIA ANNOUNCE PLAN FOR ORDERLY TRANSITION TO LEGAL INDIAN GAMING

Tribes Expected to Keep Promise to Cease Uncompacted Gambling

WASHINGTON, D.C. -- Under a plan announced today by the Justice Department and California, Indian tribes in the state that want to offer certain kinds of gambling will have two options for reaching compacts with the state. According to the Justice Department, the plan will help resolve the divisive issue of gaming by Indian tribes in California.

Under federal law, Class III gaming, which includes games other than ceremonial Indian games, bingo, and certain card games, is lawful on Indian lands if it is authorized by a tribal-state compact. The two-option plan announced today will allow tribes to reach tribal-state compacts authorizing Class III gaming. Tribes that decline these options and engage in illegal Class III gaming will face immediate federal enforcement.

The two-option plan follows a compact that California signed today with the Pala Band of Mission Indians. The Pala Band compact allows certain video-machine games based on instant lotteries.

The first option will allow tribes to adopt a compact like the one the state reached with the Pala Band. A tribe that chooses this option may continue any gaming that it is currently offering during a reasonable transition period.

Under the second option, a tribe may ask for immediate negotiations with California on a different compact. If the tribe is not involved in illegal Class III gaming or agrees to cease such gaming, the state will negotiate with the tribe. California has agreed that a tribe choosing this option will be able to enforce the state's obligation under federal law to negotiate a compact in good faith without the state's raising its immunity to suit in federal court. Under a recent Supreme Court ruling, the state could raise immunity to bar such a suit.

Under the plan, a tribe will have 60 days to select one of these alternatives. If, after 60 days, a tribe is involved in Class III gaming without a compact and has not committed to one of these options, the United States will bring immediate enforcement action.

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