Compact discussions between state, tribal leaders open on positive note

LOS ANGELES - Indian leaders who had a contentious relationship with former Gov. Pete Wilson emerged optimistic from their first meeting to hammer out a gambling deal between their tribes and Gov. Gray Davis' administration.

"It has been like night and day compared to our dealings with the Pete Wilson administration," said Mary Ann Martin Andreas, chairwoman of the United Tribes Compact Steering Committee.

Thursday's discussions were a first step in resolving a 10-year conflict over the terms and conditions of tribal casinos in California. Former Judge William A. Norris, Davis' special counsel on tribal affairs, met with representatives of the tribal coalition.

Tribal leaders, who say the casinos have pulled their reservations out of poverty, described the talks as friendly and encouraging. Wilson, a gambling foe, had argued the tribes were operating slot machines in violation of California law.

Under federal law, reservations can only offer gambling to the degree already allowed by the state, and only after both the state and tribes approve casino operating agreements known as compacts. Many tribes operated casinos during Wilson's administration without a compact.

At Thursday's meeting, both sides agreed that Proposition 5, an Indian-authored and voter-approved ballot initiative that legalized some Nevada-style games on reservations, would serve as the basis of any future compact, although no issues were finalized, Andreas said. Proposition 5 has been halted in the courts.

The private meeting, held at the Viejas Indian Reservation east of San Diego, lasted about five hours Thursday. It included four tribal leaders and four attorneys representing 63 gambling and nongambling tribes.

Another meeting is expected soon, although no date has been set, Andreas said.

Norris did not immediately return a phone call. The governor's office declined to comment on the talks, but a spokeswoman said the governor "hopes that fair and equitable compacts are reached as soon as possible."

"The governor has said that he supports tribal sovereignty and he is dedicated to ensuring that the negotiation process is inclusive and confidential, and this is a step in moving toward that end," said Hilary McLean, Davis' deputy press secretary.

Members of two smaller groups of tribes met recently with Norris and also characterized those talks as positive. One of those groups is made up of tribes that agreed to a restrictive compact reached late in Wilson's tenure.

Conflicts over tribal gambling have existed in California since Congress enacted the Indian Gaming Regulatory Act in 1988. IGRA requires tribes to negotiate compacts with their states before opening casinos, but the majority of tribal leaders contended Wilson refused to negotiate with them and decided to run casinos without the agreements.

Wilson accused them of offering illegal forms of gambling and the federal government threatened to close some of the casinos. The Republican governor went on to negotiate the restrictive compact in 1998 with 11 tribes.

The move prompted the majority of the state's more than 100 tribes to put Proposition 5 on the ballot. The state Supreme Court is expected to start hearing arguments in the case next month.

Andreas said the coalition hopes to finalize a model compact with Norris before the court rules. Assuming the tribes get what they want during the discussions - and Davis and the Legislature approve the compacts - the court's ruling would be a moot point because the tribes would already have compacts they like.

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