File #: 22-2020    Version: 1
Type: Agenda Item Status: Approved
File created: 10/25/2022 In control: Board of Supervisors
On agenda: 11/8/2022 Final action: 11/8/2022
Title: Chief Administrative Office recommending the Board approve and authorize the Chair to execute Amendment 3 to the Memorandum of Understanding and Intergovernmental Agreement between the County and Shingle Springs Band of Miwok Indians to modify and streamline the County’s administrative process for the funding currently paid by the Tribe to the County for qualifying public improvement projects and the County to the Tribe for qualifying healthcare contributions, resulting in no net change to the amount of funding the County receives from the Tribe for qualifying public improvement projects. FUNDING: Shingle Springs Band of Miwok Indians.
Attachments: 1. A - Blue Route.pdf, 2. B - Draft MOU Amendment 3, 3. C - Executed MOU_Amendment 2.pdf, 4. D - Executed MOU_ Amendment 1.pdf, 5. E - Executed MOU_Original.pdf, 6. Executed Amd III MOU
Related files: 12-1409, 23-0348, 24-0779, 24-0019, 23-2150, 23-2203
Title
Chief Administrative Office recommending the Board approve and authorize the Chair to execute Amendment 3 to the Memorandum of Understanding and Intergovernmental Agreement between the County and Shingle Springs Band of Miwok Indians to modify and streamline the County’s administrative process for the funding currently paid by the Tribe to the County for qualifying public improvement projects and the County to the Tribe for qualifying healthcare contributions, resulting in no net change to the amount of funding the County receives from the Tribe for qualifying public improvement projects.

FUNDING: Shingle Springs Band of Miwok Indians.
Body

DISCUSSION / BACKGROUND
In 2006, the County and the Tribe entered into an MOU (Attachment E) in settlement of then-pending litigation related to the Tribe's proposed construction of the Red Hawk Casino on Tribe land. In exchange for the County's agreement to drop all pending lawsuits and cease its opposition to the construction of the casino, the Tribe would provide compensation to the County to mitigate anticipated impacts of the casino, including traffic.

The MOU was amended in 2012 (Attachment D) to require the Tribe to pay the County $5.2 million annually, in lieu of the HOV payment previously required, for "qualifying public improvement projects" defined in the MOU as road improvements and maintenance within a specific geographic area designated on a map incorporated into the MOU. The amendment also required the County to pay the Tribe an annual contribution of $2.6 million for qualifying healthcare contributions in consideration of increased expenses to the Tribe’s Health Program for caring for non-Indian citizens of the County. The amendment resulted in a net payment of $2.6 million from the Tribe to the County qualifying public improvement projects.

On June 6, 2017, the Board amended the MOU a second time (Attachment C) to remove the geographic restrictions on the County's use of Tribe funding for...

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