Rival tribes say the North Fork Indians are refusing to pay into the Reserve Fund, but the same tribes opposed a 2012 compact which had the North Fork tribe paying the Fund.
The North Fork Mono Indians received a gaming compact with the state of California recently. If approved by the U.S. Department of the Interior, the deal would exempt the new North Fork Indian casino near Madera from taxes for 7 years.
The compact has opponents, who say it represents a multi-million dollar advantage for the newest tribal gaming operator in a state with over 140 casinos. Under terms of the deal, the tribe would not have to pay the Revenue Sharing Trust Fund, which is designed to help tribes without casinos.
Opponents point out the deal allows the North Fork Mono Indians to avoid paying another Native American tribe money, though that tribe set aside its rival claims in order to allow the deal to be signed.
Criticism from Chukchansi Indians
The second stipulation has drawn a great deal of criticism from the Picayune Rancheria of Chukchansi Indians, which owns the nearby Chukchansi Gold Casino. John Peebles, the lawyer for the Chukchansi tribe, said, “They are a tribe that depended on the Revenue Sharing Trust Fund for 20 years, and the first chance they get, they jettison everybody else.”
That particular part of the compact seems to have become the flashpoint of concern for opponents besides the Chukchansi. The North Fork Mono Indians have a plan for a resort, casino, and hotel on 305 acres near Madera. The casino’s development plan calls for 2,000 slot machines and 40 table games. When completed, the complex will be accessible from Highway 99 near Madera. Station Casinos is the tribe’s partner on the project.
Proposition 48 Vote in 2014
The North Fork Mono Indians argue that they tried to sign a compact which paid into the fund. Back in 2012, the tribe signed a deal with Gov. Jerry Brown which would have paid $3 million to $5 million every year to the Wiyot Tribe of Humboldt Bay, a deal which also would have paid the Chukchansi Indians for any losses their casino might incur.
Instead, the North Fork Indians’ tribal rivals arranged to have a referendum on the ballot as part of Proposition 48, which was voted down by California voters. Proposition 48 was backrf by the Table Mountain tribe and the Chukchansi tribe, along with the tribe’s financial backers.
The Mono Indians argue that the Chukchansi are being deceptive when they accuse the tribe of dishonesty, because the Chukchansi spiked a deal which would have satisfied their complaints now. With that in mind, the Chukchansis’ contention that the tribe betrayed the fund “the first chance they got” is not technically true.
North Fork Spokesperson’s Statement
Maryann McGovran, the North Fork tribe’s chairwoman, stated that the tribe had tried to comply with standards, but had been blocked by the same tribes now complaining.
McGovern said, “The North Fork tribe willingly entered into the gaming compact negotiated with Governor Brown in 2012 and ratified by the state Legislature in 2013. That compact contained more rigorous provisions than the ‘so-called’ 1999 compacts under which most tribes operate, but was challenged by our opponents through referendum.”
The current compact was decreed earlier this year, after the North Fork Mono Indians went to court in November 2015 to get their casino plan instituted. The judge in the case found in 2015 that they deserved to have the plan move forward, but also declined to pick Jerry Brown’s compact.
Jerry Brown Gives Tacit Consent
John Peebles told local media that Gov. Brown tacitly agreed with the judge’s decision, because he did not try to force the issue back in the legislature. Jerry Brown therefore cleared the way for the Mono Indians to receive approval from the Interior Department, which traditionally handles Native American affairs.
Opponents have not given up, though. Allies of their in the California legislature have placed a bill on the legislative calender which would make it illegal for the federal government to make “off-reservation” deals for casinos. Since the Madera casino would be off-reservation, this would undermine the whole deal.
Chukchansi Gold Casino Troubles
The Chukchansi tribe lost support from state-level officials since the Proposition 48 vote. The tribe had an armed standoff between two factions of the tribe in late-2014. This caused the casino to be closed down by the state of California for 14 months, a move which was approved by the National Tribal Gaming Council.
In the incident, a faction of Chukchansi who had control of law enforcement on the reservation claimed the casino management was hiding malfeasance, because they wouldn’t open their books to federal auditors — a position which was likely to cause the tribe to lose its federal status.
The faction making the accusations eventually went to the case, overwhelmed several members of casino security, and took out boxes of documents. When the leaders of the Chukchansi gaming operations learned, the alerted the remainder of security and the local sheriff’s office. By the time sheriff’s deputies arrived on the scene, the two factions each had control of a section of the casino. Shots had been fired and patrons fled the scene, leaving their chips on the table.
