Frequently Asked Questions

Some of our neighbors have started a campaign to scare the community about the amended compact. They refuse to acknowledge that the new compact contains strong provisions to protect the local community with expanded environmental review of all tribal projects and requirements for mitigation of all off-reservation impacts. Here are answers to some of the questions we have heard about our tribal gaming compact.

What is a tribal gaming compact?
A Tribal/State gaming compact is an agreement negotiated between a tribe and the State of California, ratified by the Legislature and approved by the Secretary of the Interior.

A gaming compact establishes the rules, regulations and conditions under which a tribe may conduct “Class III” gaming (slot machines, banked and percentage card games, and lottery games) on its Indian lands under the federal Indian Gaming Regulatory Act of 1988.

Sycuan’s existing compact took effect in May 2000. That compact allows Sycuan to operate up to 2,000 slot machines, an unlimited number of house-banked or percentage card games and lottery games.

What are the key provisions of Sycuan’s existing State compact?
The 1999 compact has several key provisions that regulate the scope of gaming and relationships with local communities.

	Sycuan may operate up to 2,000 slot machines in up to two separate casinos anywhere within the boundaries of the Sycuan reservation.
	Sycuan must prepare a Tribal Environmental Impact Report and “consult” with local governments and neighbors to mitigate off-reservation impacts from new projects.
	Sycuan must pay machine license fees into the Revenue Sharing Trust Fund for non-gaming tribes and a portion of its machine net win from the number of machines operated in 1999 into the Special Distribution Fund for grants to impacted local governments.

What are the key provisions included in the amended compact?
Sycuan and the Governor signed an amended compact on August 30, 2006. The Legislature adjourned without voting on the amended compact. The amended compact provides that:

	Sycuan may operate up to 5,000 slots in two casinos on its existing reservation or on specific adjacent lands if added to Sycuan’s existing reservation.
	Sycuan must pay $20 million per year into the State’s General Fund for Sycuan’s existing 2,000 slots and 15 percent of the net win from any additional slots and $3 million per year to non-gaming tribes.
	Before beginning any casino expansion or new construction, Sycuan must follow a process for assessing the environmental impacts of its project that is basically the same as required by CEQA, and must enter into a binding and enforceable “Intergovernmental Agreement” with the County to mitigate impacts on the off-reservation environment and government services. Disagreements about the terms of the agreement are to be resolved by binding arbitration.
	Sycuan must adopt and comply with the same building and life safety standards as apply off-reservation.
	Sycuan must enhance employee workplace and health standards, conform its injured workers compensation program to State standards and permit neutral arbitration of patron disputes and claims for personal injury and property damage.

Does the new compact need to be approved by the State Legislature?
Yes. Governor Schwarzenegger signed Sycuan’s amended compact with Sycuan on August 30, 2006, but the compact also requires the State Legislature’s approval. The Legislature will consider the agreement this Spring. This will be a public process with legislative hearings and opportunities for public comment.

Does Sycuan have plans to put the Resort and intervening lands into federal trust?
Yes. Sycuan plans to file an application with the Federal Bureau of Indian Affairs (BIA) in late 2006 or early 2007 to take approximately 1,973 acres of historically tribal lands, including the Resort and lands between the reservation and the Resort into federal trust status.

The application will have to go through an extensive review process within the BIA, and would also be reviewed by the County of San Diego and the State of California. As required by federal law, Sycuan will have to prepare an Environmental Impact Statement (EIS) and prove the tribe has an ancestral relationship to the land in question. During the EIS process, both the County and the public will have ample opportunity to apprise federal authorities about any concerns they may have regarding the application.

Would the new compact allow Sycuan to operate a second casino at a separate location?
Yes, just as Sycuan’s existing compact permits two casinos.
The only tribally-owned land not now in trust on which Sycuan could build a casino would be at the Sycuan Golf Resort and the land between the Resort and the reservation, but only if that land is accepted into federal trust status. Sycuan cannot build a casino on other lands such as its hotel properties in downtown San Diego or National City.

A petition circulated by anti-gaming residents in the Dehesa Valley implies that there would be no environmental or traffic mitigation if a new Casino is ever built. Is this true?
Absolutely false. Just like the 2004 amended compacts between the State and the Viejas, Pala and Pauma Bands, Sycuan’s amended compact requires the tribe to prepare a detailed Tribal Environmental Impact Report that assesses and prescribes mitigation for all of the potential environmental effects of any new or expanded gaming facilities.
The amended compact also requires an inter-governmental agreement with the County to implement mitigation measures, and for binding arbitration of any disputes on the scope of those measures. These provisions provide far greater protection to the local community than the requirements of the current compact, which also allows a second casino.

What input does the local community have on any of Sycuan’s future development plans?
Sycuan’s government is committed to providing responsible governance on the Reservation, and to maintaining open communication with other local governments and its neighbors in the surrounding area.

Sycuan meets monthly with the Crest/Dehesa/Granite Hills/Harbison Canyon Planning Group sub-committee to address concerns and notify them of any development plans. Sycuan encourages all of our neighbors to participate in these meetings. Additionally, any future application to the BIA by the tribe to put land into federal trust will follow a process that allows for public comment and for involvement from the County of San Diego.

Anti-gaming neighbors have claimed that a new casino would add as much as 24,000 traffic trips daily to Dehesa Valley roads. Is that a true statement or a distortion?
First and foremost, the Sycuan Tribal Council has made no decisions on proceeding with plans for a second casino. Therefore, this traffic number is a made-up estimate based purely on uninformed speculation. It is clearly intended to scare local residents into signing a petition that is based on fear, not on real facts.

Should the tribe decide at some point in the future to prepare a plan for a second casino or to move its existing casino, as always we will present those plans to the community very early in the planning process. The amended compact requires a Tribal Environmental Impact Report (TEIR) to be completed before any new project is approved by the tribe. The amended compact requires the TEIR to follow the substantive provisions of CEQA and it will include detailed traffic studies and recommended traffic mitigations to reduce any impacts on local roads.

The amended compact also requires the tribe to enter into an Intergovernmental Agreement to address any project impacts and requires binding arbitration should disagreements over mitigation measures arise.

Will the transfer of land owned by Sycuan into the Federal Trust mean that no property taxes are paid and will that have a significant financial impact on the County and the School District?
In the process of placing these ancestral lands into the Federal Trust, the tribe will work closely with the County and the School District to fully resolve any concerns these agencies may have about potential loss of tax revenues.

The tribe has demonstrated its commitment to work with the community on numerous issues in the past and has responded positively to every request concerning community impacts and requested improvements. This concern will be addressed through cooperative negotiations which will ensure that placement of additional land into the Federal Trust will avoid adverse impacts.