California 2025-2026 Regular Session

California Assembly Bill AB221 Compare Versions

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11 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 221Introduced by Assembly Member RamosJanuary 08, 2025 An act to amend Sections 12019.30, 12019.35, 12019.40, 12019.45, 12019.50, 12019.65, 12019.70, 12019.75, 12019.85, and 12019.90 of the Government Code, relating to tribal gaming. LEGISLATIVE COUNSEL'S DIGESTAB 221, as introduced, Ramos. Tribal Nation Grant Fund.Existing law establishes the Tribal Nation Grant Fund, administered by the California Gambling Control Commission, for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of tribal-state gaming compacts. Under existing law, moneys in the Tribal Nation Grant Fund are available, upon appropriation by the Legislature, for the discretionary distribution of funds to nongaming and limited-gaming tribes, as specified. Existing law establishes the Tribal Nation Grant Fund Program and authorizes Tribal Nation Grant Fund Panel to award grants from available moneys within the fund and make other distributions from the fund to eligible tribes, as specified. Existing law requires an eligible tribe requesting a grant to submit an application on a form approved by the panel and provided by the commission. Existing law authorizes the panel to distribute of the available moneys in the fund to all eligible tribes that submitted a completed grant application, as specified. Existing law authorizes the panel, in its discretion and based upon the purpose or project set forth in the application, to require an eligible tribe to encumber or expend any or all of a grant within a specified period of time, as described. Existing law requires each eligible tribe and each individual applying on behalf of each eligible tribe to agree to return to the fund any amount of a grant not encumbered or expended, as specified.This bill would additionally establish the fund for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of class III gaming secretarial procedures. The bill would revise the grant distribution provisions described above to authorize the panel to award grants as specific distribution grants to fund a specifically described purpose or project, or as equal shares grants for distribution to eligible tribes in equal amounts, as specified. The bill would require the panel to develop application forms for the specific distribution grants and the equal shares grants, as described, and would require the equal shares grants application form to include, among other things, a certification from the eligible tribe that the funds will be used for specified purposes. The bill would require the panel to distribute as equal shares grants $600,000 per eligible tribe, or at least 85% of the available moneys in the fund, whichever is greater, as specified. The bill would authorize the panel to distribute as specific distribution grants the remaining available moneys in the fund, as specified. The bill would no longer authorize the panel to require an eligible tribe to encumber or expend any or all of a grant within a specified period of time and would make a related conforming change. The bill would no longer require each eligible tribe and each individual applying on behalf of each eligible tribe to return to the fund any amount of a grant not encumbered or expended, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12019.30 of the Government Code is amended to read:12019.30. Unless the context requires otherwise, for purposes of this article, the following terms shall have the following meanings:(a) Advisor means the Governors Tribal Advisor.(b) Bureau means the Bureau of Gambling Control within the Department of Justice.(c) Commission means the California Gambling Control Commission.(d) Eligible tribe means a nongaming or limited-gaming federally recognized tribe in California as defined in applicable tribal-state gaming compacts. compacts or applicable class III gaming secretarial procedures.(e) Equal shares grant means an annual grant awarded by the panel to an eligible tribe in an amount that is equal to that which is awarded to other eligible tribes pursuant to this article.(e)(f) Fund means the Tribal Nation Grant Fund established by Section 12019.35.(f)(g) Grant means an amount of money paid to an eligible tribe from the fund awarded by the panel through a competitive process pursuant to this article.(g)(h) Panel means the Tribal Nation Grant Panel established by Section 12019.60.(h)(i) Program means the Tribal Nation Grant Fund Program established by this article.(j) Specific distribution grant means a grant awarded by the panel to an eligible tribe for a specific purpose or project pursuant to this article.SEC. 2. Section 12019.35 of the Government Code is amended to read:12019.35. (a) There is in the State Treasury the Tribal Nation Grant Fund for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of tribal-state gaming compacts. compacts and class III gaming secretarial procedures. The fund reflects a vision of facilitating tribal self-governance and improving the quality of life of tribal people throughout the state.(b) The Tribal Nation Grant Fund shall be administered by the California Gambling Control Commission, which shall act as the limited trustee as provided under the terms of applicable tribal-state gaming compacts and class III gaming secretarial procedures and shall not be subject to the duties and liabilities provided in the Probate Code, common law, or equitable principles. Moneys in the fund shall be available, upon appropriation by the Legislature, for the discretionary distribution of funds to nongaming tribes and limited-gaming tribes upon application of those tribes for purposes related to effective self-governance, self-determined community, and economic development.(c) The California Gambling Control Commission shall deposit money into the fund only after it determines there are sufficient moneys in the Indian Gaming Revenue Sharing Trust Fund to distribute the quarterly payments described in Section 12012.90.SEC. 3. Section 12019.40 of the Government Code is amended to read:12019.40. (a) There is in state government the Tribal Nation Grant Fund Program whereby the panel is authorized to award grants from available moneys within the fund and make other distributions from the fund to eligible tribes as set forth in this article.(b) Grants may be made as specific distribution grants to fund a specifically described purpose or project, or as equal shares grants for distribution to eligible tribes in equal amounts. An eligible tribe may apply for both types of grants. (b)(c) (1) A request for a specific distribution grant shall be made by submitting an a specific distribution grant application to the commission on a form approved developed by the panel and provided by the commission. Unless pursuant to subdivisions (a) and (b) of Section 12019.45.(2) Unless prohibited by a tribal-state gaming compact compact, class III gaming secretarial procedures, or the panel, an eligible tribe may apply for more than one specific distribution grant, but shall submit a separate specific distribution grant application for each grant proposal. Two or more eligible tribes may apply for one specific distribution grant by submitting a joint application.(c)(3) A specific distribution grant shall be used to fund a specifically described purpose or project generally relating to self-governance, developing or sustaining a self-determined community, and economic development in the application. development. Eligible purposes or projects for specific distribution grants may include, but are not limited to, development of curricula in a tribal language or culture, housing, support for compliance with the federal Indian Child Welfare Act, vocational training, community development, investments in tribal schools and colleges, support of tribal government institutions and tribal courts, nongaming economic diversification, or investment in public health, information technology, renewable energy, water conservation, cultural preservation or awareness, educational programs, or scholarships.(d) (1) (A) A request for an equal shares grant shall initially be made by submitting an equal shares grant application on a form developed by the panel pursuant to subdivisions (a) and (c) of Section 12019.45.(B) Each year thereafter, the eligible tribes equal shares grant application shall automatically renew for the eligible tribe to receive equal shares grants on a rolling basis, subject to the panels annual independent verification that the applicant is an eligible tribe as of the application deadline set by the panel.(2) An equal shares grant shall be used to fund purposes generally related to self-governance, developing or sustaining a self-determined community, and economic development. (d)(e) A grant shall not be used to pay a per capita distribution to tribal members or an investment in a purpose or project related to any gaming operation or activity.SEC. 4. Section 12019.45 of the Government Code is amended to read:12019.45. (a) The adviser and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, shall develop a concise application form forms for one or more eligible tribes to apply for a grant.(b) The application form developed pursuant to subdivision (a) for specific distribution grants shall include, but not be limited to, all of the following:(1) An identification of every eligible tribe applying for the grant and the name, signature, and contact information of every individual who is authorized by each eligible tribes governing body to apply for the grant.(2) A description of the purpose or project for which the grant is intended to be used.(3) An assessment of the nature and extent of the potential benefits from the described purpose or project to each applying eligible tribe.(4) The safeguards in place to ensure that the grant would be applied only to the described purpose or project.(5) The amount and source of other moneys or in-kind services or goods, if any, that are available to be additionally applied to the described purpose or project and when those moneys or in-kind services or goods are intended to be applied.(6) A list of every grant awarded or other distribution from the fund previously awarded or distributed to each eligible tribe applying for the grant and the results achieved as a result of those prior awards or distributions.(7) A strategy for how the benefits from the described purpose or project will be sustainably maintained.(8) A signed acceptance of the terms described in Section 12019.75 from an authorized representative of every eligible tribe applying in the application.(9) Identification of the information provided in the application that each eligible tribe proposes is confidential and not subject to public disclosure pursuant to subdivision (a) of Section 12019.55, and a statement, in bold, that the panel may consider, but is not required to comply with, an eligible tribes identification of information as confidential when responding to a request for public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).(10) Any other information the adviser and panel deem valuable to evaluating the merits of awarding a grant.(c) The application form developed for equal shares grants shall include both of the following:(1) Information necessary to establish that the applicant is an eligible tribe.(2) A certification from the eligible tribe that the funds shall be used for self-governance, developing or sustaining a self-determined community, or economic development, and shall not be used for purposes prohibited by subdivision (e) of Section 12019.40.SEC. 5. Section 12019.50 of the Government Code is amended to read:12019.50. (a) The staff of the commission shall provide all of the following services:(1) Assistance to the individuals applying for a grant on behalf of every eligible tribe in understanding the application process. This assistance shall not include completing an application for a grant on behalf of an eligible tribe.(2) All administrative support necessary to implement this article, including, but not limited to, processing applications for grants, administrative services to the advisor, the panel, and technical experts retained by the panel, if any, and administrative assistance to the panel allocating and disbursing grants and making other distributions from the fund to eligible tribes.(b) To the extent prohibited by applicable tribal-state gaming compacts, compacts or class III gaming secretarial procedures, the commission and its staff shall not exercise discretion or control over the approval or disapproval of grant applications or the use of grants or other distributions from the fund by eligible tribes.SEC. 6. Section 12019.65 of the Government Code is amended to read:12019.65. (a) The panel shall meet to consider grant applications at least annually and annually. To the extent required by applicable tribal-state gaming compacts or class III gaming secretarial procedures, the panel shall award grants on a competitive application basis, meaning the panel shall consider at a meeting all completed grant applications that were submitted or automatically renewed by a deadline established by the panel. The panel may award a grant in an amount less than requested in an application.(b) The panel may distribute, in equal amounts, a portion shall distribute as equal shares grants six hundred thousand dollars ($600,000) per eligible tribe, or at least eighty-five percent (85%) of the available moneys in the fund fund, whichever is greater, to all eligible tribes that submitted a completed grant application within or whose application was automatically renewed by the deadline established by the panel. The panel shall not distribute all available moneys in the fund through an equal distribution pursuant to this subdivision. amounts awarded as annual equal shares grants in quarterly distributions.(c) The panel may distribute as specific distribution grants the remaining available moneys in the fund that were not distributed pursuant to subdivision (b) to eligible tribes that submitted a completed specific distribution grant application by the deadline established by the panel. The panel may award a specific distribution grant in an amount less than requested in an application.(c)(d) The panel may decline to award future grants or distributions to an eligible tribe for a specified period of time if the panel, in its sole discretion, determines that the eligible tribe had previously received and used a grant in a manner inconsistent with the described purpose or project set forth in the grant application or in compliance with conditions and limitations imposed by the panel.(d)(e) The advisor and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, shall develop an appropriate process to reasonably ensure that grants are used in a manner consistent with this article, applicable tribal-state gaming compacts, compacts and class III gaming secretarial procedures, the application, and the conditions and limitation imposed on the award of a grant, if any. The process shall be respectful and promotive of tribal sovereignty.(e)(f) The advisor and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, may develop a process to use technical experts with relevant experience to review and score applications. The technical experts may be compensated up to a one-hundred-dollar ($100) per diem for each day spent reviewing and scoring applications.(f)(g) (1) The advisor and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, shall develop procedures to govern the business of the panel, including, but not limited to, the procedures for meetings, a process for evaluating and resolving potential conflicts of interest of members of the panel, the process for auditing the use of grants, and all other processes that may be required to award grants or make other distributions from the fund.(2) Only the bureau shall conduct audits of the use of grant funds.(g)(h) All activities of the advisor, panel, bureau, and commission pursuant to this article are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1).SEC. 7. Section 12019.70 of the Government Code is amended to read:12019.70.(a)The panel may, in its discretion and based upon the purpose or project set forth in the application, require an eligible tribe to encumber or expend any or all of a grant within a specified period of time from the date that the panel awarded the grant.(b)The12019.70. The panel may, in its discretion, modify any deadline it established for the use of a grant.SEC. 8. Section 12019.75 of the Government Code is amended to read:12019.75. By applying for a grant, each eligible tribe and each individual applying on behalf of each eligible tribe shall agree to all of the following:(a) The terms and conditions the panel imposes as a condition of awarding the grant, including the limitations set forth in this section and article.(b) To cooperate with the panel, advisor, commission, bureau, or other state entity designated by the Governor to ensure that the grant is used in a manner consistent with the assertions in the application and any condition or limitations imposed on the award of the grant.(c) To provide access to the panel, advisor, commission, bureau, or other state entity designated by the Governor to all documents relevant to the use of the grant to allow a comprehensive audit, to ensure a grant is used for the purpose or project set forth in the application, in compliance with the conditions or limitations on the grant, and applicable tribal-state gaming compacts. compacts and class III gaming secretarial procedures.(d)To return to the fund any amount of a grant not encumbered or expended in compliance with Section 12019.70. Any returned funds shall be provided to the commission for deposit into the fund.SEC. 9. Section 12019.85 of the Government Code is amended to read:12019.85. The activities authorized and required by this article, including, but not limited to, the administrative and procedural support services provided by the commission, its staff, and the advisor, the costs and compensation of members of the panel, and the costs of audits, are regulatory costs in connection with the implementation and administration of responsibilities imposed by tribal-state gaming compacts, compacts and class III gaming secretarial procedures, and shall be funded by moneys in the Indian Gaming Special Distribution Fund, and shall not be funded from the Indian Gaming Revenue Sharing Trust Fund or the fund.SEC. 10. Section 12019.90 of the Government Code is amended to read:12019.90. Actions taken under this article shall be consistent with the provisions of tribal-state gaming compacts. compacts and class III gaming secretarial procedures.
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33 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 221Introduced by Assembly Member RamosJanuary 08, 2025 An act to amend Sections 12019.30, 12019.35, 12019.40, 12019.45, 12019.50, 12019.65, 12019.70, 12019.75, 12019.85, and 12019.90 of the Government Code, relating to tribal gaming. LEGISLATIVE COUNSEL'S DIGESTAB 221, as introduced, Ramos. Tribal Nation Grant Fund.Existing law establishes the Tribal Nation Grant Fund, administered by the California Gambling Control Commission, for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of tribal-state gaming compacts. Under existing law, moneys in the Tribal Nation Grant Fund are available, upon appropriation by the Legislature, for the discretionary distribution of funds to nongaming and limited-gaming tribes, as specified. Existing law establishes the Tribal Nation Grant Fund Program and authorizes Tribal Nation Grant Fund Panel to award grants from available moneys within the fund and make other distributions from the fund to eligible tribes, as specified. Existing law requires an eligible tribe requesting a grant to submit an application on a form approved by the panel and provided by the commission. Existing law authorizes the panel to distribute of the available moneys in the fund to all eligible tribes that submitted a completed grant application, as specified. Existing law authorizes the panel, in its discretion and based upon the purpose or project set forth in the application, to require an eligible tribe to encumber or expend any or all of a grant within a specified period of time, as described. Existing law requires each eligible tribe and each individual applying on behalf of each eligible tribe to agree to return to the fund any amount of a grant not encumbered or expended, as specified.This bill would additionally establish the fund for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of class III gaming secretarial procedures. The bill would revise the grant distribution provisions described above to authorize the panel to award grants as specific distribution grants to fund a specifically described purpose or project, or as equal shares grants for distribution to eligible tribes in equal amounts, as specified. The bill would require the panel to develop application forms for the specific distribution grants and the equal shares grants, as described, and would require the equal shares grants application form to include, among other things, a certification from the eligible tribe that the funds will be used for specified purposes. The bill would require the panel to distribute as equal shares grants $600,000 per eligible tribe, or at least 85% of the available moneys in the fund, whichever is greater, as specified. The bill would authorize the panel to distribute as specific distribution grants the remaining available moneys in the fund, as specified. The bill would no longer authorize the panel to require an eligible tribe to encumber or expend any or all of a grant within a specified period of time and would make a related conforming change. The bill would no longer require each eligible tribe and each individual applying on behalf of each eligible tribe to return to the fund any amount of a grant not encumbered or expended, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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2020 An act to amend Sections 12019.30, 12019.35, 12019.40, 12019.45, 12019.50, 12019.65, 12019.70, 12019.75, 12019.85, and 12019.90 of the Government Code, relating to tribal gaming.
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2626 AB 221, as introduced, Ramos. Tribal Nation Grant Fund.
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2828 Existing law establishes the Tribal Nation Grant Fund, administered by the California Gambling Control Commission, for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of tribal-state gaming compacts. Under existing law, moneys in the Tribal Nation Grant Fund are available, upon appropriation by the Legislature, for the discretionary distribution of funds to nongaming and limited-gaming tribes, as specified. Existing law establishes the Tribal Nation Grant Fund Program and authorizes Tribal Nation Grant Fund Panel to award grants from available moneys within the fund and make other distributions from the fund to eligible tribes, as specified. Existing law requires an eligible tribe requesting a grant to submit an application on a form approved by the panel and provided by the commission. Existing law authorizes the panel to distribute of the available moneys in the fund to all eligible tribes that submitted a completed grant application, as specified. Existing law authorizes the panel, in its discretion and based upon the purpose or project set forth in the application, to require an eligible tribe to encumber or expend any or all of a grant within a specified period of time, as described. Existing law requires each eligible tribe and each individual applying on behalf of each eligible tribe to agree to return to the fund any amount of a grant not encumbered or expended, as specified.This bill would additionally establish the fund for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of class III gaming secretarial procedures. The bill would revise the grant distribution provisions described above to authorize the panel to award grants as specific distribution grants to fund a specifically described purpose or project, or as equal shares grants for distribution to eligible tribes in equal amounts, as specified. The bill would require the panel to develop application forms for the specific distribution grants and the equal shares grants, as described, and would require the equal shares grants application form to include, among other things, a certification from the eligible tribe that the funds will be used for specified purposes. The bill would require the panel to distribute as equal shares grants $600,000 per eligible tribe, or at least 85% of the available moneys in the fund, whichever is greater, as specified. The bill would authorize the panel to distribute as specific distribution grants the remaining available moneys in the fund, as specified. The bill would no longer authorize the panel to require an eligible tribe to encumber or expend any or all of a grant within a specified period of time and would make a related conforming change. The bill would no longer require each eligible tribe and each individual applying on behalf of each eligible tribe to return to the fund any amount of a grant not encumbered or expended, as specified.
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3030 Existing law establishes the Tribal Nation Grant Fund, administered by the California Gambling Control Commission, for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of tribal-state gaming compacts. Under existing law, moneys in the Tribal Nation Grant Fund are available, upon appropriation by the Legislature, for the discretionary distribution of funds to nongaming and limited-gaming tribes, as specified. Existing law establishes the Tribal Nation Grant Fund Program and authorizes Tribal Nation Grant Fund Panel to award grants from available moneys within the fund and make other distributions from the fund to eligible tribes, as specified. Existing law requires an eligible tribe requesting a grant to submit an application on a form approved by the panel and provided by the commission. Existing law authorizes the panel to distribute of the available moneys in the fund to all eligible tribes that submitted a completed grant application, as specified. Existing law authorizes the panel, in its discretion and based upon the purpose or project set forth in the application, to require an eligible tribe to encumber or expend any or all of a grant within a specified period of time, as described. Existing law requires each eligible tribe and each individual applying on behalf of each eligible tribe to agree to return to the fund any amount of a grant not encumbered or expended, as specified.
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3232 This bill would additionally establish the fund for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of class III gaming secretarial procedures. The bill would revise the grant distribution provisions described above to authorize the panel to award grants as specific distribution grants to fund a specifically described purpose or project, or as equal shares grants for distribution to eligible tribes in equal amounts, as specified. The bill would require the panel to develop application forms for the specific distribution grants and the equal shares grants, as described, and would require the equal shares grants application form to include, among other things, a certification from the eligible tribe that the funds will be used for specified purposes. The bill would require the panel to distribute as equal shares grants $600,000 per eligible tribe, or at least 85% of the available moneys in the fund, whichever is greater, as specified. The bill would authorize the panel to distribute as specific distribution grants the remaining available moneys in the fund, as specified. The bill would no longer authorize the panel to require an eligible tribe to encumber or expend any or all of a grant within a specified period of time and would make a related conforming change. The bill would no longer require each eligible tribe and each individual applying on behalf of each eligible tribe to return to the fund any amount of a grant not encumbered or expended, as specified.
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3838 The people of the State of California do enact as follows:SECTION 1. Section 12019.30 of the Government Code is amended to read:12019.30. Unless the context requires otherwise, for purposes of this article, the following terms shall have the following meanings:(a) Advisor means the Governors Tribal Advisor.(b) Bureau means the Bureau of Gambling Control within the Department of Justice.(c) Commission means the California Gambling Control Commission.(d) Eligible tribe means a nongaming or limited-gaming federally recognized tribe in California as defined in applicable tribal-state gaming compacts. compacts or applicable class III gaming secretarial procedures.(e) Equal shares grant means an annual grant awarded by the panel to an eligible tribe in an amount that is equal to that which is awarded to other eligible tribes pursuant to this article.(e)(f) Fund means the Tribal Nation Grant Fund established by Section 12019.35.(f)(g) Grant means an amount of money paid to an eligible tribe from the fund awarded by the panel through a competitive process pursuant to this article.(g)(h) Panel means the Tribal Nation Grant Panel established by Section 12019.60.(h)(i) Program means the Tribal Nation Grant Fund Program established by this article.(j) Specific distribution grant means a grant awarded by the panel to an eligible tribe for a specific purpose or project pursuant to this article.SEC. 2. Section 12019.35 of the Government Code is amended to read:12019.35. (a) There is in the State Treasury the Tribal Nation Grant Fund for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of tribal-state gaming compacts. compacts and class III gaming secretarial procedures. The fund reflects a vision of facilitating tribal self-governance and improving the quality of life of tribal people throughout the state.(b) The Tribal Nation Grant Fund shall be administered by the California Gambling Control Commission, which shall act as the limited trustee as provided under the terms of applicable tribal-state gaming compacts and class III gaming secretarial procedures and shall not be subject to the duties and liabilities provided in the Probate Code, common law, or equitable principles. Moneys in the fund shall be available, upon appropriation by the Legislature, for the discretionary distribution of funds to nongaming tribes and limited-gaming tribes upon application of those tribes for purposes related to effective self-governance, self-determined community, and economic development.(c) The California Gambling Control Commission shall deposit money into the fund only after it determines there are sufficient moneys in the Indian Gaming Revenue Sharing Trust Fund to distribute the quarterly payments described in Section 12012.90.SEC. 3. Section 12019.40 of the Government Code is amended to read:12019.40. (a) There is in state government the Tribal Nation Grant Fund Program whereby the panel is authorized to award grants from available moneys within the fund and make other distributions from the fund to eligible tribes as set forth in this article.(b) Grants may be made as specific distribution grants to fund a specifically described purpose or project, or as equal shares grants for distribution to eligible tribes in equal amounts. An eligible tribe may apply for both types of grants. (b)(c) (1) A request for a specific distribution grant shall be made by submitting an a specific distribution grant application to the commission on a form approved developed by the panel and provided by the commission. Unless pursuant to subdivisions (a) and (b) of Section 12019.45.(2) Unless prohibited by a tribal-state gaming compact compact, class III gaming secretarial procedures, or the panel, an eligible tribe may apply for more than one specific distribution grant, but shall submit a separate specific distribution grant application for each grant proposal. Two or more eligible tribes may apply for one specific distribution grant by submitting a joint application.(c)(3) A specific distribution grant shall be used to fund a specifically described purpose or project generally relating to self-governance, developing or sustaining a self-determined community, and economic development in the application. development. Eligible purposes or projects for specific distribution grants may include, but are not limited to, development of curricula in a tribal language or culture, housing, support for compliance with the federal Indian Child Welfare Act, vocational training, community development, investments in tribal schools and colleges, support of tribal government institutions and tribal courts, nongaming economic diversification, or investment in public health, information technology, renewable energy, water conservation, cultural preservation or awareness, educational programs, or scholarships.(d) (1) (A) A request for an equal shares grant shall initially be made by submitting an equal shares grant application on a form developed by the panel pursuant to subdivisions (a) and (c) of Section 12019.45.(B) Each year thereafter, the eligible tribes equal shares grant application shall automatically renew for the eligible tribe to receive equal shares grants on a rolling basis, subject to the panels annual independent verification that the applicant is an eligible tribe as of the application deadline set by the panel.(2) An equal shares grant shall be used to fund purposes generally related to self-governance, developing or sustaining a self-determined community, and economic development. (d)(e) A grant shall not be used to pay a per capita distribution to tribal members or an investment in a purpose or project related to any gaming operation or activity.SEC. 4. Section 12019.45 of the Government Code is amended to read:12019.45. (a) The adviser and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, shall develop a concise application form forms for one or more eligible tribes to apply for a grant.(b) The application form developed pursuant to subdivision (a) for specific distribution grants shall include, but not be limited to, all of the following:(1) An identification of every eligible tribe applying for the grant and the name, signature, and contact information of every individual who is authorized by each eligible tribes governing body to apply for the grant.(2) A description of the purpose or project for which the grant is intended to be used.(3) An assessment of the nature and extent of the potential benefits from the described purpose or project to each applying eligible tribe.(4) The safeguards in place to ensure that the grant would be applied only to the described purpose or project.(5) The amount and source of other moneys or in-kind services or goods, if any, that are available to be additionally applied to the described purpose or project and when those moneys or in-kind services or goods are intended to be applied.(6) A list of every grant awarded or other distribution from the fund previously awarded or distributed to each eligible tribe applying for the grant and the results achieved as a result of those prior awards or distributions.(7) A strategy for how the benefits from the described purpose or project will be sustainably maintained.(8) A signed acceptance of the terms described in Section 12019.75 from an authorized representative of every eligible tribe applying in the application.(9) Identification of the information provided in the application that each eligible tribe proposes is confidential and not subject to public disclosure pursuant to subdivision (a) of Section 12019.55, and a statement, in bold, that the panel may consider, but is not required to comply with, an eligible tribes identification of information as confidential when responding to a request for public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).(10) Any other information the adviser and panel deem valuable to evaluating the merits of awarding a grant.(c) The application form developed for equal shares grants shall include both of the following:(1) Information necessary to establish that the applicant is an eligible tribe.(2) A certification from the eligible tribe that the funds shall be used for self-governance, developing or sustaining a self-determined community, or economic development, and shall not be used for purposes prohibited by subdivision (e) of Section 12019.40.SEC. 5. Section 12019.50 of the Government Code is amended to read:12019.50. (a) The staff of the commission shall provide all of the following services:(1) Assistance to the individuals applying for a grant on behalf of every eligible tribe in understanding the application process. This assistance shall not include completing an application for a grant on behalf of an eligible tribe.(2) All administrative support necessary to implement this article, including, but not limited to, processing applications for grants, administrative services to the advisor, the panel, and technical experts retained by the panel, if any, and administrative assistance to the panel allocating and disbursing grants and making other distributions from the fund to eligible tribes.(b) To the extent prohibited by applicable tribal-state gaming compacts, compacts or class III gaming secretarial procedures, the commission and its staff shall not exercise discretion or control over the approval or disapproval of grant applications or the use of grants or other distributions from the fund by eligible tribes.SEC. 6. Section 12019.65 of the Government Code is amended to read:12019.65. (a) The panel shall meet to consider grant applications at least annually and annually. To the extent required by applicable tribal-state gaming compacts or class III gaming secretarial procedures, the panel shall award grants on a competitive application basis, meaning the panel shall consider at a meeting all completed grant applications that were submitted or automatically renewed by a deadline established by the panel. The panel may award a grant in an amount less than requested in an application.(b) The panel may distribute, in equal amounts, a portion shall distribute as equal shares grants six hundred thousand dollars ($600,000) per eligible tribe, or at least eighty-five percent (85%) of the available moneys in the fund fund, whichever is greater, to all eligible tribes that submitted a completed grant application within or whose application was automatically renewed by the deadline established by the panel. The panel shall not distribute all available moneys in the fund through an equal distribution pursuant to this subdivision. amounts awarded as annual equal shares grants in quarterly distributions.(c) The panel may distribute as specific distribution grants the remaining available moneys in the fund that were not distributed pursuant to subdivision (b) to eligible tribes that submitted a completed specific distribution grant application by the deadline established by the panel. The panel may award a specific distribution grant in an amount less than requested in an application.(c)(d) The panel may decline to award future grants or distributions to an eligible tribe for a specified period of time if the panel, in its sole discretion, determines that the eligible tribe had previously received and used a grant in a manner inconsistent with the described purpose or project set forth in the grant application or in compliance with conditions and limitations imposed by the panel.(d)(e) The advisor and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, shall develop an appropriate process to reasonably ensure that grants are used in a manner consistent with this article, applicable tribal-state gaming compacts, compacts and class III gaming secretarial procedures, the application, and the conditions and limitation imposed on the award of a grant, if any. The process shall be respectful and promotive of tribal sovereignty.(e)(f) The advisor and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, may develop a process to use technical experts with relevant experience to review and score applications. The technical experts may be compensated up to a one-hundred-dollar ($100) per diem for each day spent reviewing and scoring applications.(f)(g) (1) The advisor and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, shall develop procedures to govern the business of the panel, including, but not limited to, the procedures for meetings, a process for evaluating and resolving potential conflicts of interest of members of the panel, the process for auditing the use of grants, and all other processes that may be required to award grants or make other distributions from the fund.(2) Only the bureau shall conduct audits of the use of grant funds.(g)(h) All activities of the advisor, panel, bureau, and commission pursuant to this article are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1).SEC. 7. Section 12019.70 of the Government Code is amended to read:12019.70.(a)The panel may, in its discretion and based upon the purpose or project set forth in the application, require an eligible tribe to encumber or expend any or all of a grant within a specified period of time from the date that the panel awarded the grant.(b)The12019.70. The panel may, in its discretion, modify any deadline it established for the use of a grant.SEC. 8. Section 12019.75 of the Government Code is amended to read:12019.75. By applying for a grant, each eligible tribe and each individual applying on behalf of each eligible tribe shall agree to all of the following:(a) The terms and conditions the panel imposes as a condition of awarding the grant, including the limitations set forth in this section and article.(b) To cooperate with the panel, advisor, commission, bureau, or other state entity designated by the Governor to ensure that the grant is used in a manner consistent with the assertions in the application and any condition or limitations imposed on the award of the grant.(c) To provide access to the panel, advisor, commission, bureau, or other state entity designated by the Governor to all documents relevant to the use of the grant to allow a comprehensive audit, to ensure a grant is used for the purpose or project set forth in the application, in compliance with the conditions or limitations on the grant, and applicable tribal-state gaming compacts. compacts and class III gaming secretarial procedures.(d)To return to the fund any amount of a grant not encumbered or expended in compliance with Section 12019.70. Any returned funds shall be provided to the commission for deposit into the fund.SEC. 9. Section 12019.85 of the Government Code is amended to read:12019.85. The activities authorized and required by this article, including, but not limited to, the administrative and procedural support services provided by the commission, its staff, and the advisor, the costs and compensation of members of the panel, and the costs of audits, are regulatory costs in connection with the implementation and administration of responsibilities imposed by tribal-state gaming compacts, compacts and class III gaming secretarial procedures, and shall be funded by moneys in the Indian Gaming Special Distribution Fund, and shall not be funded from the Indian Gaming Revenue Sharing Trust Fund or the fund.SEC. 10. Section 12019.90 of the Government Code is amended to read:12019.90. Actions taken under this article shall be consistent with the provisions of tribal-state gaming compacts. compacts and class III gaming secretarial procedures.
3939
4040 The people of the State of California do enact as follows:
4141
4242 ## The people of the State of California do enact as follows:
4343
4444 SECTION 1. Section 12019.30 of the Government Code is amended to read:12019.30. Unless the context requires otherwise, for purposes of this article, the following terms shall have the following meanings:(a) Advisor means the Governors Tribal Advisor.(b) Bureau means the Bureau of Gambling Control within the Department of Justice.(c) Commission means the California Gambling Control Commission.(d) Eligible tribe means a nongaming or limited-gaming federally recognized tribe in California as defined in applicable tribal-state gaming compacts. compacts or applicable class III gaming secretarial procedures.(e) Equal shares grant means an annual grant awarded by the panel to an eligible tribe in an amount that is equal to that which is awarded to other eligible tribes pursuant to this article.(e)(f) Fund means the Tribal Nation Grant Fund established by Section 12019.35.(f)(g) Grant means an amount of money paid to an eligible tribe from the fund awarded by the panel through a competitive process pursuant to this article.(g)(h) Panel means the Tribal Nation Grant Panel established by Section 12019.60.(h)(i) Program means the Tribal Nation Grant Fund Program established by this article.(j) Specific distribution grant means a grant awarded by the panel to an eligible tribe for a specific purpose or project pursuant to this article.
4545
4646 SECTION 1. Section 12019.30 of the Government Code is amended to read:
4747
4848 ### SECTION 1.
4949
5050 12019.30. Unless the context requires otherwise, for purposes of this article, the following terms shall have the following meanings:(a) Advisor means the Governors Tribal Advisor.(b) Bureau means the Bureau of Gambling Control within the Department of Justice.(c) Commission means the California Gambling Control Commission.(d) Eligible tribe means a nongaming or limited-gaming federally recognized tribe in California as defined in applicable tribal-state gaming compacts. compacts or applicable class III gaming secretarial procedures.(e) Equal shares grant means an annual grant awarded by the panel to an eligible tribe in an amount that is equal to that which is awarded to other eligible tribes pursuant to this article.(e)(f) Fund means the Tribal Nation Grant Fund established by Section 12019.35.(f)(g) Grant means an amount of money paid to an eligible tribe from the fund awarded by the panel through a competitive process pursuant to this article.(g)(h) Panel means the Tribal Nation Grant Panel established by Section 12019.60.(h)(i) Program means the Tribal Nation Grant Fund Program established by this article.(j) Specific distribution grant means a grant awarded by the panel to an eligible tribe for a specific purpose or project pursuant to this article.
5151
5252 12019.30. Unless the context requires otherwise, for purposes of this article, the following terms shall have the following meanings:(a) Advisor means the Governors Tribal Advisor.(b) Bureau means the Bureau of Gambling Control within the Department of Justice.(c) Commission means the California Gambling Control Commission.(d) Eligible tribe means a nongaming or limited-gaming federally recognized tribe in California as defined in applicable tribal-state gaming compacts. compacts or applicable class III gaming secretarial procedures.(e) Equal shares grant means an annual grant awarded by the panel to an eligible tribe in an amount that is equal to that which is awarded to other eligible tribes pursuant to this article.(e)(f) Fund means the Tribal Nation Grant Fund established by Section 12019.35.(f)(g) Grant means an amount of money paid to an eligible tribe from the fund awarded by the panel through a competitive process pursuant to this article.(g)(h) Panel means the Tribal Nation Grant Panel established by Section 12019.60.(h)(i) Program means the Tribal Nation Grant Fund Program established by this article.(j) Specific distribution grant means a grant awarded by the panel to an eligible tribe for a specific purpose or project pursuant to this article.
5353
5454 12019.30. Unless the context requires otherwise, for purposes of this article, the following terms shall have the following meanings:(a) Advisor means the Governors Tribal Advisor.(b) Bureau means the Bureau of Gambling Control within the Department of Justice.(c) Commission means the California Gambling Control Commission.(d) Eligible tribe means a nongaming or limited-gaming federally recognized tribe in California as defined in applicable tribal-state gaming compacts. compacts or applicable class III gaming secretarial procedures.(e) Equal shares grant means an annual grant awarded by the panel to an eligible tribe in an amount that is equal to that which is awarded to other eligible tribes pursuant to this article.(e)(f) Fund means the Tribal Nation Grant Fund established by Section 12019.35.(f)(g) Grant means an amount of money paid to an eligible tribe from the fund awarded by the panel through a competitive process pursuant to this article.(g)(h) Panel means the Tribal Nation Grant Panel established by Section 12019.60.(h)(i) Program means the Tribal Nation Grant Fund Program established by this article.(j) Specific distribution grant means a grant awarded by the panel to an eligible tribe for a specific purpose or project pursuant to this article.
5555
5656
5757
5858 12019.30. Unless the context requires otherwise, for purposes of this article, the following terms shall have the following meanings:
5959
6060 (a) Advisor means the Governors Tribal Advisor.
6161
6262 (b) Bureau means the Bureau of Gambling Control within the Department of Justice.
6363
6464 (c) Commission means the California Gambling Control Commission.
6565
6666 (d) Eligible tribe means a nongaming or limited-gaming federally recognized tribe in California as defined in applicable tribal-state gaming compacts. compacts or applicable class III gaming secretarial procedures.
6767
6868 (e) Equal shares grant means an annual grant awarded by the panel to an eligible tribe in an amount that is equal to that which is awarded to other eligible tribes pursuant to this article.
6969
7070 (e)
7171
7272
7373
7474 (f) Fund means the Tribal Nation Grant Fund established by Section 12019.35.
7575
7676 (f)
7777
7878
7979
8080 (g) Grant means an amount of money paid to an eligible tribe from the fund awarded by the panel through a competitive process pursuant to this article.
8181
8282 (g)
8383
8484
8585
8686 (h) Panel means the Tribal Nation Grant Panel established by Section 12019.60.
8787
8888 (h)
8989
9090
9191
9292 (i) Program means the Tribal Nation Grant Fund Program established by this article.
9393
9494 (j) Specific distribution grant means a grant awarded by the panel to an eligible tribe for a specific purpose or project pursuant to this article.
9595
9696 SEC. 2. Section 12019.35 of the Government Code is amended to read:12019.35. (a) There is in the State Treasury the Tribal Nation Grant Fund for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of tribal-state gaming compacts. compacts and class III gaming secretarial procedures. The fund reflects a vision of facilitating tribal self-governance and improving the quality of life of tribal people throughout the state.(b) The Tribal Nation Grant Fund shall be administered by the California Gambling Control Commission, which shall act as the limited trustee as provided under the terms of applicable tribal-state gaming compacts and class III gaming secretarial procedures and shall not be subject to the duties and liabilities provided in the Probate Code, common law, or equitable principles. Moneys in the fund shall be available, upon appropriation by the Legislature, for the discretionary distribution of funds to nongaming tribes and limited-gaming tribes upon application of those tribes for purposes related to effective self-governance, self-determined community, and economic development.(c) The California Gambling Control Commission shall deposit money into the fund only after it determines there are sufficient moneys in the Indian Gaming Revenue Sharing Trust Fund to distribute the quarterly payments described in Section 12012.90.
9797
9898 SEC. 2. Section 12019.35 of the Government Code is amended to read:
9999
100100 ### SEC. 2.
101101
102102 12019.35. (a) There is in the State Treasury the Tribal Nation Grant Fund for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of tribal-state gaming compacts. compacts and class III gaming secretarial procedures. The fund reflects a vision of facilitating tribal self-governance and improving the quality of life of tribal people throughout the state.(b) The Tribal Nation Grant Fund shall be administered by the California Gambling Control Commission, which shall act as the limited trustee as provided under the terms of applicable tribal-state gaming compacts and class III gaming secretarial procedures and shall not be subject to the duties and liabilities provided in the Probate Code, common law, or equitable principles. Moneys in the fund shall be available, upon appropriation by the Legislature, for the discretionary distribution of funds to nongaming tribes and limited-gaming tribes upon application of those tribes for purposes related to effective self-governance, self-determined community, and economic development.(c) The California Gambling Control Commission shall deposit money into the fund only after it determines there are sufficient moneys in the Indian Gaming Revenue Sharing Trust Fund to distribute the quarterly payments described in Section 12012.90.
103103
104104 12019.35. (a) There is in the State Treasury the Tribal Nation Grant Fund for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of tribal-state gaming compacts. compacts and class III gaming secretarial procedures. The fund reflects a vision of facilitating tribal self-governance and improving the quality of life of tribal people throughout the state.(b) The Tribal Nation Grant Fund shall be administered by the California Gambling Control Commission, which shall act as the limited trustee as provided under the terms of applicable tribal-state gaming compacts and class III gaming secretarial procedures and shall not be subject to the duties and liabilities provided in the Probate Code, common law, or equitable principles. Moneys in the fund shall be available, upon appropriation by the Legislature, for the discretionary distribution of funds to nongaming tribes and limited-gaming tribes upon application of those tribes for purposes related to effective self-governance, self-determined community, and economic development.(c) The California Gambling Control Commission shall deposit money into the fund only after it determines there are sufficient moneys in the Indian Gaming Revenue Sharing Trust Fund to distribute the quarterly payments described in Section 12012.90.
105105
106106 12019.35. (a) There is in the State Treasury the Tribal Nation Grant Fund for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of tribal-state gaming compacts. compacts and class III gaming secretarial procedures. The fund reflects a vision of facilitating tribal self-governance and improving the quality of life of tribal people throughout the state.(b) The Tribal Nation Grant Fund shall be administered by the California Gambling Control Commission, which shall act as the limited trustee as provided under the terms of applicable tribal-state gaming compacts and class III gaming secretarial procedures and shall not be subject to the duties and liabilities provided in the Probate Code, common law, or equitable principles. Moneys in the fund shall be available, upon appropriation by the Legislature, for the discretionary distribution of funds to nongaming tribes and limited-gaming tribes upon application of those tribes for purposes related to effective self-governance, self-determined community, and economic development.(c) The California Gambling Control Commission shall deposit money into the fund only after it determines there are sufficient moneys in the Indian Gaming Revenue Sharing Trust Fund to distribute the quarterly payments described in Section 12012.90.
107107
108108
109109
110110 12019.35. (a) There is in the State Treasury the Tribal Nation Grant Fund for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of tribal-state gaming compacts. compacts and class III gaming secretarial procedures. The fund reflects a vision of facilitating tribal self-governance and improving the quality of life of tribal people throughout the state.
111111
112112 (b) The Tribal Nation Grant Fund shall be administered by the California Gambling Control Commission, which shall act as the limited trustee as provided under the terms of applicable tribal-state gaming compacts and class III gaming secretarial procedures and shall not be subject to the duties and liabilities provided in the Probate Code, common law, or equitable principles. Moneys in the fund shall be available, upon appropriation by the Legislature, for the discretionary distribution of funds to nongaming tribes and limited-gaming tribes upon application of those tribes for purposes related to effective self-governance, self-determined community, and economic development.
113113
114114 (c) The California Gambling Control Commission shall deposit money into the fund only after it determines there are sufficient moneys in the Indian Gaming Revenue Sharing Trust Fund to distribute the quarterly payments described in Section 12012.90.
115115
116116 SEC. 3. Section 12019.40 of the Government Code is amended to read:12019.40. (a) There is in state government the Tribal Nation Grant Fund Program whereby the panel is authorized to award grants from available moneys within the fund and make other distributions from the fund to eligible tribes as set forth in this article.(b) Grants may be made as specific distribution grants to fund a specifically described purpose or project, or as equal shares grants for distribution to eligible tribes in equal amounts. An eligible tribe may apply for both types of grants. (b)(c) (1) A request for a specific distribution grant shall be made by submitting an a specific distribution grant application to the commission on a form approved developed by the panel and provided by the commission. Unless pursuant to subdivisions (a) and (b) of Section 12019.45.(2) Unless prohibited by a tribal-state gaming compact compact, class III gaming secretarial procedures, or the panel, an eligible tribe may apply for more than one specific distribution grant, but shall submit a separate specific distribution grant application for each grant proposal. Two or more eligible tribes may apply for one specific distribution grant by submitting a joint application.(c)(3) A specific distribution grant shall be used to fund a specifically described purpose or project generally relating to self-governance, developing or sustaining a self-determined community, and economic development in the application. development. Eligible purposes or projects for specific distribution grants may include, but are not limited to, development of curricula in a tribal language or culture, housing, support for compliance with the federal Indian Child Welfare Act, vocational training, community development, investments in tribal schools and colleges, support of tribal government institutions and tribal courts, nongaming economic diversification, or investment in public health, information technology, renewable energy, water conservation, cultural preservation or awareness, educational programs, or scholarships.(d) (1) (A) A request for an equal shares grant shall initially be made by submitting an equal shares grant application on a form developed by the panel pursuant to subdivisions (a) and (c) of Section 12019.45.(B) Each year thereafter, the eligible tribes equal shares grant application shall automatically renew for the eligible tribe to receive equal shares grants on a rolling basis, subject to the panels annual independent verification that the applicant is an eligible tribe as of the application deadline set by the panel.(2) An equal shares grant shall be used to fund purposes generally related to self-governance, developing or sustaining a self-determined community, and economic development. (d)(e) A grant shall not be used to pay a per capita distribution to tribal members or an investment in a purpose or project related to any gaming operation or activity.
117117
118118 SEC. 3. Section 12019.40 of the Government Code is amended to read:
119119
120120 ### SEC. 3.
121121
122122 12019.40. (a) There is in state government the Tribal Nation Grant Fund Program whereby the panel is authorized to award grants from available moneys within the fund and make other distributions from the fund to eligible tribes as set forth in this article.(b) Grants may be made as specific distribution grants to fund a specifically described purpose or project, or as equal shares grants for distribution to eligible tribes in equal amounts. An eligible tribe may apply for both types of grants. (b)(c) (1) A request for a specific distribution grant shall be made by submitting an a specific distribution grant application to the commission on a form approved developed by the panel and provided by the commission. Unless pursuant to subdivisions (a) and (b) of Section 12019.45.(2) Unless prohibited by a tribal-state gaming compact compact, class III gaming secretarial procedures, or the panel, an eligible tribe may apply for more than one specific distribution grant, but shall submit a separate specific distribution grant application for each grant proposal. Two or more eligible tribes may apply for one specific distribution grant by submitting a joint application.(c)(3) A specific distribution grant shall be used to fund a specifically described purpose or project generally relating to self-governance, developing or sustaining a self-determined community, and economic development in the application. development. Eligible purposes or projects for specific distribution grants may include, but are not limited to, development of curricula in a tribal language or culture, housing, support for compliance with the federal Indian Child Welfare Act, vocational training, community development, investments in tribal schools and colleges, support of tribal government institutions and tribal courts, nongaming economic diversification, or investment in public health, information technology, renewable energy, water conservation, cultural preservation or awareness, educational programs, or scholarships.(d) (1) (A) A request for an equal shares grant shall initially be made by submitting an equal shares grant application on a form developed by the panel pursuant to subdivisions (a) and (c) of Section 12019.45.(B) Each year thereafter, the eligible tribes equal shares grant application shall automatically renew for the eligible tribe to receive equal shares grants on a rolling basis, subject to the panels annual independent verification that the applicant is an eligible tribe as of the application deadline set by the panel.(2) An equal shares grant shall be used to fund purposes generally related to self-governance, developing or sustaining a self-determined community, and economic development. (d)(e) A grant shall not be used to pay a per capita distribution to tribal members or an investment in a purpose or project related to any gaming operation or activity.
123123
124124 12019.40. (a) There is in state government the Tribal Nation Grant Fund Program whereby the panel is authorized to award grants from available moneys within the fund and make other distributions from the fund to eligible tribes as set forth in this article.(b) Grants may be made as specific distribution grants to fund a specifically described purpose or project, or as equal shares grants for distribution to eligible tribes in equal amounts. An eligible tribe may apply for both types of grants. (b)(c) (1) A request for a specific distribution grant shall be made by submitting an a specific distribution grant application to the commission on a form approved developed by the panel and provided by the commission. Unless pursuant to subdivisions (a) and (b) of Section 12019.45.(2) Unless prohibited by a tribal-state gaming compact compact, class III gaming secretarial procedures, or the panel, an eligible tribe may apply for more than one specific distribution grant, but shall submit a separate specific distribution grant application for each grant proposal. Two or more eligible tribes may apply for one specific distribution grant by submitting a joint application.(c)(3) A specific distribution grant shall be used to fund a specifically described purpose or project generally relating to self-governance, developing or sustaining a self-determined community, and economic development in the application. development. Eligible purposes or projects for specific distribution grants may include, but are not limited to, development of curricula in a tribal language or culture, housing, support for compliance with the federal Indian Child Welfare Act, vocational training, community development, investments in tribal schools and colleges, support of tribal government institutions and tribal courts, nongaming economic diversification, or investment in public health, information technology, renewable energy, water conservation, cultural preservation or awareness, educational programs, or scholarships.(d) (1) (A) A request for an equal shares grant shall initially be made by submitting an equal shares grant application on a form developed by the panel pursuant to subdivisions (a) and (c) of Section 12019.45.(B) Each year thereafter, the eligible tribes equal shares grant application shall automatically renew for the eligible tribe to receive equal shares grants on a rolling basis, subject to the panels annual independent verification that the applicant is an eligible tribe as of the application deadline set by the panel.(2) An equal shares grant shall be used to fund purposes generally related to self-governance, developing or sustaining a self-determined community, and economic development. (d)(e) A grant shall not be used to pay a per capita distribution to tribal members or an investment in a purpose or project related to any gaming operation or activity.
125125
126126 12019.40. (a) There is in state government the Tribal Nation Grant Fund Program whereby the panel is authorized to award grants from available moneys within the fund and make other distributions from the fund to eligible tribes as set forth in this article.(b) Grants may be made as specific distribution grants to fund a specifically described purpose or project, or as equal shares grants for distribution to eligible tribes in equal amounts. An eligible tribe may apply for both types of grants. (b)(c) (1) A request for a specific distribution grant shall be made by submitting an a specific distribution grant application to the commission on a form approved developed by the panel and provided by the commission. Unless pursuant to subdivisions (a) and (b) of Section 12019.45.(2) Unless prohibited by a tribal-state gaming compact compact, class III gaming secretarial procedures, or the panel, an eligible tribe may apply for more than one specific distribution grant, but shall submit a separate specific distribution grant application for each grant proposal. Two or more eligible tribes may apply for one specific distribution grant by submitting a joint application.(c)(3) A specific distribution grant shall be used to fund a specifically described purpose or project generally relating to self-governance, developing or sustaining a self-determined community, and economic development in the application. development. Eligible purposes or projects for specific distribution grants may include, but are not limited to, development of curricula in a tribal language or culture, housing, support for compliance with the federal Indian Child Welfare Act, vocational training, community development, investments in tribal schools and colleges, support of tribal government institutions and tribal courts, nongaming economic diversification, or investment in public health, information technology, renewable energy, water conservation, cultural preservation or awareness, educational programs, or scholarships.(d) (1) (A) A request for an equal shares grant shall initially be made by submitting an equal shares grant application on a form developed by the panel pursuant to subdivisions (a) and (c) of Section 12019.45.(B) Each year thereafter, the eligible tribes equal shares grant application shall automatically renew for the eligible tribe to receive equal shares grants on a rolling basis, subject to the panels annual independent verification that the applicant is an eligible tribe as of the application deadline set by the panel.(2) An equal shares grant shall be used to fund purposes generally related to self-governance, developing or sustaining a self-determined community, and economic development. (d)(e) A grant shall not be used to pay a per capita distribution to tribal members or an investment in a purpose or project related to any gaming operation or activity.
127127
128128
129129
130130 12019.40. (a) There is in state government the Tribal Nation Grant Fund Program whereby the panel is authorized to award grants from available moneys within the fund and make other distributions from the fund to eligible tribes as set forth in this article.
131131
132132 (b) Grants may be made as specific distribution grants to fund a specifically described purpose or project, or as equal shares grants for distribution to eligible tribes in equal amounts. An eligible tribe may apply for both types of grants.
133133
134134 (b)
135135
136136
137137
138138 (c) (1) A request for a specific distribution grant shall be made by submitting an a specific distribution grant application to the commission on a form approved developed by the panel and provided by the commission. Unless pursuant to subdivisions (a) and (b) of Section 12019.45.
139139
140140 (2) Unless prohibited by a tribal-state gaming compact compact, class III gaming secretarial procedures, or the panel, an eligible tribe may apply for more than one specific distribution grant, but shall submit a separate specific distribution grant application for each grant proposal. Two or more eligible tribes may apply for one specific distribution grant by submitting a joint application.
141141
142142 (c)
143143
144144
145145
146146 (3) A specific distribution grant shall be used to fund a specifically described purpose or project generally relating to self-governance, developing or sustaining a self-determined community, and economic development in the application. development. Eligible purposes or projects for specific distribution grants may include, but are not limited to, development of curricula in a tribal language or culture, housing, support for compliance with the federal Indian Child Welfare Act, vocational training, community development, investments in tribal schools and colleges, support of tribal government institutions and tribal courts, nongaming economic diversification, or investment in public health, information technology, renewable energy, water conservation, cultural preservation or awareness, educational programs, or scholarships.
147147
148148 (d) (1) (A) A request for an equal shares grant shall initially be made by submitting an equal shares grant application on a form developed by the panel pursuant to subdivisions (a) and (c) of Section 12019.45.
149149
150150 (B) Each year thereafter, the eligible tribes equal shares grant application shall automatically renew for the eligible tribe to receive equal shares grants on a rolling basis, subject to the panels annual independent verification that the applicant is an eligible tribe as of the application deadline set by the panel.
151151
152152 (2) An equal shares grant shall be used to fund purposes generally related to self-governance, developing or sustaining a self-determined community, and economic development.
153153
154154 (d)
155155
156156
157157
158158 (e) A grant shall not be used to pay a per capita distribution to tribal members or an investment in a purpose or project related to any gaming operation or activity.
159159
160160 SEC. 4. Section 12019.45 of the Government Code is amended to read:12019.45. (a) The adviser and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, shall develop a concise application form forms for one or more eligible tribes to apply for a grant.(b) The application form developed pursuant to subdivision (a) for specific distribution grants shall include, but not be limited to, all of the following:(1) An identification of every eligible tribe applying for the grant and the name, signature, and contact information of every individual who is authorized by each eligible tribes governing body to apply for the grant.(2) A description of the purpose or project for which the grant is intended to be used.(3) An assessment of the nature and extent of the potential benefits from the described purpose or project to each applying eligible tribe.(4) The safeguards in place to ensure that the grant would be applied only to the described purpose or project.(5) The amount and source of other moneys or in-kind services or goods, if any, that are available to be additionally applied to the described purpose or project and when those moneys or in-kind services or goods are intended to be applied.(6) A list of every grant awarded or other distribution from the fund previously awarded or distributed to each eligible tribe applying for the grant and the results achieved as a result of those prior awards or distributions.(7) A strategy for how the benefits from the described purpose or project will be sustainably maintained.(8) A signed acceptance of the terms described in Section 12019.75 from an authorized representative of every eligible tribe applying in the application.(9) Identification of the information provided in the application that each eligible tribe proposes is confidential and not subject to public disclosure pursuant to subdivision (a) of Section 12019.55, and a statement, in bold, that the panel may consider, but is not required to comply with, an eligible tribes identification of information as confidential when responding to a request for public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).(10) Any other information the adviser and panel deem valuable to evaluating the merits of awarding a grant.(c) The application form developed for equal shares grants shall include both of the following:(1) Information necessary to establish that the applicant is an eligible tribe.(2) A certification from the eligible tribe that the funds shall be used for self-governance, developing or sustaining a self-determined community, or economic development, and shall not be used for purposes prohibited by subdivision (e) of Section 12019.40.
161161
162162 SEC. 4. Section 12019.45 of the Government Code is amended to read:
163163
164164 ### SEC. 4.
165165
166166 12019.45. (a) The adviser and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, shall develop a concise application form forms for one or more eligible tribes to apply for a grant.(b) The application form developed pursuant to subdivision (a) for specific distribution grants shall include, but not be limited to, all of the following:(1) An identification of every eligible tribe applying for the grant and the name, signature, and contact information of every individual who is authorized by each eligible tribes governing body to apply for the grant.(2) A description of the purpose or project for which the grant is intended to be used.(3) An assessment of the nature and extent of the potential benefits from the described purpose or project to each applying eligible tribe.(4) The safeguards in place to ensure that the grant would be applied only to the described purpose or project.(5) The amount and source of other moneys or in-kind services or goods, if any, that are available to be additionally applied to the described purpose or project and when those moneys or in-kind services or goods are intended to be applied.(6) A list of every grant awarded or other distribution from the fund previously awarded or distributed to each eligible tribe applying for the grant and the results achieved as a result of those prior awards or distributions.(7) A strategy for how the benefits from the described purpose or project will be sustainably maintained.(8) A signed acceptance of the terms described in Section 12019.75 from an authorized representative of every eligible tribe applying in the application.(9) Identification of the information provided in the application that each eligible tribe proposes is confidential and not subject to public disclosure pursuant to subdivision (a) of Section 12019.55, and a statement, in bold, that the panel may consider, but is not required to comply with, an eligible tribes identification of information as confidential when responding to a request for public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).(10) Any other information the adviser and panel deem valuable to evaluating the merits of awarding a grant.(c) The application form developed for equal shares grants shall include both of the following:(1) Information necessary to establish that the applicant is an eligible tribe.(2) A certification from the eligible tribe that the funds shall be used for self-governance, developing or sustaining a self-determined community, or economic development, and shall not be used for purposes prohibited by subdivision (e) of Section 12019.40.
167167
168168 12019.45. (a) The adviser and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, shall develop a concise application form forms for one or more eligible tribes to apply for a grant.(b) The application form developed pursuant to subdivision (a) for specific distribution grants shall include, but not be limited to, all of the following:(1) An identification of every eligible tribe applying for the grant and the name, signature, and contact information of every individual who is authorized by each eligible tribes governing body to apply for the grant.(2) A description of the purpose or project for which the grant is intended to be used.(3) An assessment of the nature and extent of the potential benefits from the described purpose or project to each applying eligible tribe.(4) The safeguards in place to ensure that the grant would be applied only to the described purpose or project.(5) The amount and source of other moneys or in-kind services or goods, if any, that are available to be additionally applied to the described purpose or project and when those moneys or in-kind services or goods are intended to be applied.(6) A list of every grant awarded or other distribution from the fund previously awarded or distributed to each eligible tribe applying for the grant and the results achieved as a result of those prior awards or distributions.(7) A strategy for how the benefits from the described purpose or project will be sustainably maintained.(8) A signed acceptance of the terms described in Section 12019.75 from an authorized representative of every eligible tribe applying in the application.(9) Identification of the information provided in the application that each eligible tribe proposes is confidential and not subject to public disclosure pursuant to subdivision (a) of Section 12019.55, and a statement, in bold, that the panel may consider, but is not required to comply with, an eligible tribes identification of information as confidential when responding to a request for public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).(10) Any other information the adviser and panel deem valuable to evaluating the merits of awarding a grant.(c) The application form developed for equal shares grants shall include both of the following:(1) Information necessary to establish that the applicant is an eligible tribe.(2) A certification from the eligible tribe that the funds shall be used for self-governance, developing or sustaining a self-determined community, or economic development, and shall not be used for purposes prohibited by subdivision (e) of Section 12019.40.
169169
170170 12019.45. (a) The adviser and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, shall develop a concise application form forms for one or more eligible tribes to apply for a grant.(b) The application form developed pursuant to subdivision (a) for specific distribution grants shall include, but not be limited to, all of the following:(1) An identification of every eligible tribe applying for the grant and the name, signature, and contact information of every individual who is authorized by each eligible tribes governing body to apply for the grant.(2) A description of the purpose or project for which the grant is intended to be used.(3) An assessment of the nature and extent of the potential benefits from the described purpose or project to each applying eligible tribe.(4) The safeguards in place to ensure that the grant would be applied only to the described purpose or project.(5) The amount and source of other moneys or in-kind services or goods, if any, that are available to be additionally applied to the described purpose or project and when those moneys or in-kind services or goods are intended to be applied.(6) A list of every grant awarded or other distribution from the fund previously awarded or distributed to each eligible tribe applying for the grant and the results achieved as a result of those prior awards or distributions.(7) A strategy for how the benefits from the described purpose or project will be sustainably maintained.(8) A signed acceptance of the terms described in Section 12019.75 from an authorized representative of every eligible tribe applying in the application.(9) Identification of the information provided in the application that each eligible tribe proposes is confidential and not subject to public disclosure pursuant to subdivision (a) of Section 12019.55, and a statement, in bold, that the panel may consider, but is not required to comply with, an eligible tribes identification of information as confidential when responding to a request for public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).(10) Any other information the adviser and panel deem valuable to evaluating the merits of awarding a grant.(c) The application form developed for equal shares grants shall include both of the following:(1) Information necessary to establish that the applicant is an eligible tribe.(2) A certification from the eligible tribe that the funds shall be used for self-governance, developing or sustaining a self-determined community, or economic development, and shall not be used for purposes prohibited by subdivision (e) of Section 12019.40.
171171
172172
173173
174174 12019.45. (a) The adviser and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, shall develop a concise application form forms for one or more eligible tribes to apply for a grant.
175175
176176 (b) The application form developed pursuant to subdivision (a) for specific distribution grants shall include, but not be limited to, all of the following:
177177
178178 (1) An identification of every eligible tribe applying for the grant and the name, signature, and contact information of every individual who is authorized by each eligible tribes governing body to apply for the grant.
179179
180180 (2) A description of the purpose or project for which the grant is intended to be used.
181181
182182 (3) An assessment of the nature and extent of the potential benefits from the described purpose or project to each applying eligible tribe.
183183
184184 (4) The safeguards in place to ensure that the grant would be applied only to the described purpose or project.
185185
186186 (5) The amount and source of other moneys or in-kind services or goods, if any, that are available to be additionally applied to the described purpose or project and when those moneys or in-kind services or goods are intended to be applied.
187187
188188 (6) A list of every grant awarded or other distribution from the fund previously awarded or distributed to each eligible tribe applying for the grant and the results achieved as a result of those prior awards or distributions.
189189
190190 (7) A strategy for how the benefits from the described purpose or project will be sustainably maintained.
191191
192192 (8) A signed acceptance of the terms described in Section 12019.75 from an authorized representative of every eligible tribe applying in the application.
193193
194194 (9) Identification of the information provided in the application that each eligible tribe proposes is confidential and not subject to public disclosure pursuant to subdivision (a) of Section 12019.55, and a statement, in bold, that the panel may consider, but is not required to comply with, an eligible tribes identification of information as confidential when responding to a request for public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).
195195
196196 (10) Any other information the adviser and panel deem valuable to evaluating the merits of awarding a grant.
197197
198198 (c) The application form developed for equal shares grants shall include both of the following:
199199
200200 (1) Information necessary to establish that the applicant is an eligible tribe.
201201
202202 (2) A certification from the eligible tribe that the funds shall be used for self-governance, developing or sustaining a self-determined community, or economic development, and shall not be used for purposes prohibited by subdivision (e) of Section 12019.40.
203203
204204 SEC. 5. Section 12019.50 of the Government Code is amended to read:12019.50. (a) The staff of the commission shall provide all of the following services:(1) Assistance to the individuals applying for a grant on behalf of every eligible tribe in understanding the application process. This assistance shall not include completing an application for a grant on behalf of an eligible tribe.(2) All administrative support necessary to implement this article, including, but not limited to, processing applications for grants, administrative services to the advisor, the panel, and technical experts retained by the panel, if any, and administrative assistance to the panel allocating and disbursing grants and making other distributions from the fund to eligible tribes.(b) To the extent prohibited by applicable tribal-state gaming compacts, compacts or class III gaming secretarial procedures, the commission and its staff shall not exercise discretion or control over the approval or disapproval of grant applications or the use of grants or other distributions from the fund by eligible tribes.
205205
206206 SEC. 5. Section 12019.50 of the Government Code is amended to read:
207207
208208 ### SEC. 5.
209209
210210 12019.50. (a) The staff of the commission shall provide all of the following services:(1) Assistance to the individuals applying for a grant on behalf of every eligible tribe in understanding the application process. This assistance shall not include completing an application for a grant on behalf of an eligible tribe.(2) All administrative support necessary to implement this article, including, but not limited to, processing applications for grants, administrative services to the advisor, the panel, and technical experts retained by the panel, if any, and administrative assistance to the panel allocating and disbursing grants and making other distributions from the fund to eligible tribes.(b) To the extent prohibited by applicable tribal-state gaming compacts, compacts or class III gaming secretarial procedures, the commission and its staff shall not exercise discretion or control over the approval or disapproval of grant applications or the use of grants or other distributions from the fund by eligible tribes.
211211
212212 12019.50. (a) The staff of the commission shall provide all of the following services:(1) Assistance to the individuals applying for a grant on behalf of every eligible tribe in understanding the application process. This assistance shall not include completing an application for a grant on behalf of an eligible tribe.(2) All administrative support necessary to implement this article, including, but not limited to, processing applications for grants, administrative services to the advisor, the panel, and technical experts retained by the panel, if any, and administrative assistance to the panel allocating and disbursing grants and making other distributions from the fund to eligible tribes.(b) To the extent prohibited by applicable tribal-state gaming compacts, compacts or class III gaming secretarial procedures, the commission and its staff shall not exercise discretion or control over the approval or disapproval of grant applications or the use of grants or other distributions from the fund by eligible tribes.
213213
214214 12019.50. (a) The staff of the commission shall provide all of the following services:(1) Assistance to the individuals applying for a grant on behalf of every eligible tribe in understanding the application process. This assistance shall not include completing an application for a grant on behalf of an eligible tribe.(2) All administrative support necessary to implement this article, including, but not limited to, processing applications for grants, administrative services to the advisor, the panel, and technical experts retained by the panel, if any, and administrative assistance to the panel allocating and disbursing grants and making other distributions from the fund to eligible tribes.(b) To the extent prohibited by applicable tribal-state gaming compacts, compacts or class III gaming secretarial procedures, the commission and its staff shall not exercise discretion or control over the approval or disapproval of grant applications or the use of grants or other distributions from the fund by eligible tribes.
215215
216216
217217
218218 12019.50. (a) The staff of the commission shall provide all of the following services:
219219
220220 (1) Assistance to the individuals applying for a grant on behalf of every eligible tribe in understanding the application process. This assistance shall not include completing an application for a grant on behalf of an eligible tribe.
221221
222222 (2) All administrative support necessary to implement this article, including, but not limited to, processing applications for grants, administrative services to the advisor, the panel, and technical experts retained by the panel, if any, and administrative assistance to the panel allocating and disbursing grants and making other distributions from the fund to eligible tribes.
223223
224224 (b) To the extent prohibited by applicable tribal-state gaming compacts, compacts or class III gaming secretarial procedures, the commission and its staff shall not exercise discretion or control over the approval or disapproval of grant applications or the use of grants or other distributions from the fund by eligible tribes.
225225
226226 SEC. 6. Section 12019.65 of the Government Code is amended to read:12019.65. (a) The panel shall meet to consider grant applications at least annually and annually. To the extent required by applicable tribal-state gaming compacts or class III gaming secretarial procedures, the panel shall award grants on a competitive application basis, meaning the panel shall consider at a meeting all completed grant applications that were submitted or automatically renewed by a deadline established by the panel. The panel may award a grant in an amount less than requested in an application.(b) The panel may distribute, in equal amounts, a portion shall distribute as equal shares grants six hundred thousand dollars ($600,000) per eligible tribe, or at least eighty-five percent (85%) of the available moneys in the fund fund, whichever is greater, to all eligible tribes that submitted a completed grant application within or whose application was automatically renewed by the deadline established by the panel. The panel shall not distribute all available moneys in the fund through an equal distribution pursuant to this subdivision. amounts awarded as annual equal shares grants in quarterly distributions.(c) The panel may distribute as specific distribution grants the remaining available moneys in the fund that were not distributed pursuant to subdivision (b) to eligible tribes that submitted a completed specific distribution grant application by the deadline established by the panel. The panel may award a specific distribution grant in an amount less than requested in an application.(c)(d) The panel may decline to award future grants or distributions to an eligible tribe for a specified period of time if the panel, in its sole discretion, determines that the eligible tribe had previously received and used a grant in a manner inconsistent with the described purpose or project set forth in the grant application or in compliance with conditions and limitations imposed by the panel.(d)(e) The advisor and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, shall develop an appropriate process to reasonably ensure that grants are used in a manner consistent with this article, applicable tribal-state gaming compacts, compacts and class III gaming secretarial procedures, the application, and the conditions and limitation imposed on the award of a grant, if any. The process shall be respectful and promotive of tribal sovereignty.(e)(f) The advisor and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, may develop a process to use technical experts with relevant experience to review and score applications. The technical experts may be compensated up to a one-hundred-dollar ($100) per diem for each day spent reviewing and scoring applications.(f)(g) (1) The advisor and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, shall develop procedures to govern the business of the panel, including, but not limited to, the procedures for meetings, a process for evaluating and resolving potential conflicts of interest of members of the panel, the process for auditing the use of grants, and all other processes that may be required to award grants or make other distributions from the fund.(2) Only the bureau shall conduct audits of the use of grant funds.(g)(h) All activities of the advisor, panel, bureau, and commission pursuant to this article are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1).
227227
228228 SEC. 6. Section 12019.65 of the Government Code is amended to read:
229229
230230 ### SEC. 6.
231231
232232 12019.65. (a) The panel shall meet to consider grant applications at least annually and annually. To the extent required by applicable tribal-state gaming compacts or class III gaming secretarial procedures, the panel shall award grants on a competitive application basis, meaning the panel shall consider at a meeting all completed grant applications that were submitted or automatically renewed by a deadline established by the panel. The panel may award a grant in an amount less than requested in an application.(b) The panel may distribute, in equal amounts, a portion shall distribute as equal shares grants six hundred thousand dollars ($600,000) per eligible tribe, or at least eighty-five percent (85%) of the available moneys in the fund fund, whichever is greater, to all eligible tribes that submitted a completed grant application within or whose application was automatically renewed by the deadline established by the panel. The panel shall not distribute all available moneys in the fund through an equal distribution pursuant to this subdivision. amounts awarded as annual equal shares grants in quarterly distributions.(c) The panel may distribute as specific distribution grants the remaining available moneys in the fund that were not distributed pursuant to subdivision (b) to eligible tribes that submitted a completed specific distribution grant application by the deadline established by the panel. The panel may award a specific distribution grant in an amount less than requested in an application.(c)(d) The panel may decline to award future grants or distributions to an eligible tribe for a specified period of time if the panel, in its sole discretion, determines that the eligible tribe had previously received and used a grant in a manner inconsistent with the described purpose or project set forth in the grant application or in compliance with conditions and limitations imposed by the panel.(d)(e) The advisor and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, shall develop an appropriate process to reasonably ensure that grants are used in a manner consistent with this article, applicable tribal-state gaming compacts, compacts and class III gaming secretarial procedures, the application, and the conditions and limitation imposed on the award of a grant, if any. The process shall be respectful and promotive of tribal sovereignty.(e)(f) The advisor and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, may develop a process to use technical experts with relevant experience to review and score applications. The technical experts may be compensated up to a one-hundred-dollar ($100) per diem for each day spent reviewing and scoring applications.(f)(g) (1) The advisor and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, shall develop procedures to govern the business of the panel, including, but not limited to, the procedures for meetings, a process for evaluating and resolving potential conflicts of interest of members of the panel, the process for auditing the use of grants, and all other processes that may be required to award grants or make other distributions from the fund.(2) Only the bureau shall conduct audits of the use of grant funds.(g)(h) All activities of the advisor, panel, bureau, and commission pursuant to this article are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1).
233233
234234 12019.65. (a) The panel shall meet to consider grant applications at least annually and annually. To the extent required by applicable tribal-state gaming compacts or class III gaming secretarial procedures, the panel shall award grants on a competitive application basis, meaning the panel shall consider at a meeting all completed grant applications that were submitted or automatically renewed by a deadline established by the panel. The panel may award a grant in an amount less than requested in an application.(b) The panel may distribute, in equal amounts, a portion shall distribute as equal shares grants six hundred thousand dollars ($600,000) per eligible tribe, or at least eighty-five percent (85%) of the available moneys in the fund fund, whichever is greater, to all eligible tribes that submitted a completed grant application within or whose application was automatically renewed by the deadline established by the panel. The panel shall not distribute all available moneys in the fund through an equal distribution pursuant to this subdivision. amounts awarded as annual equal shares grants in quarterly distributions.(c) The panel may distribute as specific distribution grants the remaining available moneys in the fund that were not distributed pursuant to subdivision (b) to eligible tribes that submitted a completed specific distribution grant application by the deadline established by the panel. The panel may award a specific distribution grant in an amount less than requested in an application.(c)(d) The panel may decline to award future grants or distributions to an eligible tribe for a specified period of time if the panel, in its sole discretion, determines that the eligible tribe had previously received and used a grant in a manner inconsistent with the described purpose or project set forth in the grant application or in compliance with conditions and limitations imposed by the panel.(d)(e) The advisor and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, shall develop an appropriate process to reasonably ensure that grants are used in a manner consistent with this article, applicable tribal-state gaming compacts, compacts and class III gaming secretarial procedures, the application, and the conditions and limitation imposed on the award of a grant, if any. The process shall be respectful and promotive of tribal sovereignty.(e)(f) The advisor and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, may develop a process to use technical experts with relevant experience to review and score applications. The technical experts may be compensated up to a one-hundred-dollar ($100) per diem for each day spent reviewing and scoring applications.(f)(g) (1) The advisor and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, shall develop procedures to govern the business of the panel, including, but not limited to, the procedures for meetings, a process for evaluating and resolving potential conflicts of interest of members of the panel, the process for auditing the use of grants, and all other processes that may be required to award grants or make other distributions from the fund.(2) Only the bureau shall conduct audits of the use of grant funds.(g)(h) All activities of the advisor, panel, bureau, and commission pursuant to this article are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1).
235235
236236 12019.65. (a) The panel shall meet to consider grant applications at least annually and annually. To the extent required by applicable tribal-state gaming compacts or class III gaming secretarial procedures, the panel shall award grants on a competitive application basis, meaning the panel shall consider at a meeting all completed grant applications that were submitted or automatically renewed by a deadline established by the panel. The panel may award a grant in an amount less than requested in an application.(b) The panel may distribute, in equal amounts, a portion shall distribute as equal shares grants six hundred thousand dollars ($600,000) per eligible tribe, or at least eighty-five percent (85%) of the available moneys in the fund fund, whichever is greater, to all eligible tribes that submitted a completed grant application within or whose application was automatically renewed by the deadline established by the panel. The panel shall not distribute all available moneys in the fund through an equal distribution pursuant to this subdivision. amounts awarded as annual equal shares grants in quarterly distributions.(c) The panel may distribute as specific distribution grants the remaining available moneys in the fund that were not distributed pursuant to subdivision (b) to eligible tribes that submitted a completed specific distribution grant application by the deadline established by the panel. The panel may award a specific distribution grant in an amount less than requested in an application.(c)(d) The panel may decline to award future grants or distributions to an eligible tribe for a specified period of time if the panel, in its sole discretion, determines that the eligible tribe had previously received and used a grant in a manner inconsistent with the described purpose or project set forth in the grant application or in compliance with conditions and limitations imposed by the panel.(d)(e) The advisor and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, shall develop an appropriate process to reasonably ensure that grants are used in a manner consistent with this article, applicable tribal-state gaming compacts, compacts and class III gaming secretarial procedures, the application, and the conditions and limitation imposed on the award of a grant, if any. The process shall be respectful and promotive of tribal sovereignty.(e)(f) The advisor and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, may develop a process to use technical experts with relevant experience to review and score applications. The technical experts may be compensated up to a one-hundred-dollar ($100) per diem for each day spent reviewing and scoring applications.(f)(g) (1) The advisor and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, shall develop procedures to govern the business of the panel, including, but not limited to, the procedures for meetings, a process for evaluating and resolving potential conflicts of interest of members of the panel, the process for auditing the use of grants, and all other processes that may be required to award grants or make other distributions from the fund.(2) Only the bureau shall conduct audits of the use of grant funds.(g)(h) All activities of the advisor, panel, bureau, and commission pursuant to this article are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1).
237237
238238
239239
240240 12019.65. (a) The panel shall meet to consider grant applications at least annually and annually. To the extent required by applicable tribal-state gaming compacts or class III gaming secretarial procedures, the panel shall award grants on a competitive application basis, meaning the panel shall consider at a meeting all completed grant applications that were submitted or automatically renewed by a deadline established by the panel. The panel may award a grant in an amount less than requested in an application.
241241
242242 (b) The panel may distribute, in equal amounts, a portion shall distribute as equal shares grants six hundred thousand dollars ($600,000) per eligible tribe, or at least eighty-five percent (85%) of the available moneys in the fund fund, whichever is greater, to all eligible tribes that submitted a completed grant application within or whose application was automatically renewed by the deadline established by the panel. The panel shall not distribute all available moneys in the fund through an equal distribution pursuant to this subdivision. amounts awarded as annual equal shares grants in quarterly distributions.
243243
244244 (c) The panel may distribute as specific distribution grants the remaining available moneys in the fund that were not distributed pursuant to subdivision (b) to eligible tribes that submitted a completed specific distribution grant application by the deadline established by the panel. The panel may award a specific distribution grant in an amount less than requested in an application.
245245
246246 (c)
247247
248248
249249
250250 (d) The panel may decline to award future grants or distributions to an eligible tribe for a specified period of time if the panel, in its sole discretion, determines that the eligible tribe had previously received and used a grant in a manner inconsistent with the described purpose or project set forth in the grant application or in compliance with conditions and limitations imposed by the panel.
251251
252252 (d)
253253
254254
255255
256256 (e) The advisor and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, shall develop an appropriate process to reasonably ensure that grants are used in a manner consistent with this article, applicable tribal-state gaming compacts, compacts and class III gaming secretarial procedures, the application, and the conditions and limitation imposed on the award of a grant, if any. The process shall be respectful and promotive of tribal sovereignty.
257257
258258 (e)
259259
260260
261261
262262 (f) The advisor and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, may develop a process to use technical experts with relevant experience to review and score applications. The technical experts may be compensated up to a one-hundred-dollar ($100) per diem for each day spent reviewing and scoring applications.
263263
264264 (f)
265265
266266
267267
268268 (g) (1) The advisor and panel, with administrative support from the commission and in consultation with federally recognized tribes in California, shall develop procedures to govern the business of the panel, including, but not limited to, the procedures for meetings, a process for evaluating and resolving potential conflicts of interest of members of the panel, the process for auditing the use of grants, and all other processes that may be required to award grants or make other distributions from the fund.
269269
270270 (2) Only the bureau shall conduct audits of the use of grant funds.
271271
272272 (g)
273273
274274
275275
276276 (h) All activities of the advisor, panel, bureau, and commission pursuant to this article are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1).
277277
278278 SEC. 7. Section 12019.70 of the Government Code is amended to read:12019.70.(a)The panel may, in its discretion and based upon the purpose or project set forth in the application, require an eligible tribe to encumber or expend any or all of a grant within a specified period of time from the date that the panel awarded the grant.(b)The12019.70. The panel may, in its discretion, modify any deadline it established for the use of a grant.
279279
280280 SEC. 7. Section 12019.70 of the Government Code is amended to read:
281281
282282 ### SEC. 7.
283283
284284 12019.70.(a)The panel may, in its discretion and based upon the purpose or project set forth in the application, require an eligible tribe to encumber or expend any or all of a grant within a specified period of time from the date that the panel awarded the grant.(b)The12019.70. The panel may, in its discretion, modify any deadline it established for the use of a grant.
285285
286286
287287
288288 (a)The panel may, in its discretion and based upon the purpose or project set forth in the application, require an eligible tribe to encumber or expend any or all of a grant within a specified period of time from the date that the panel awarded the grant.
289289
290290
291291
292292 (b)The
293293
294294
295295
296296 12019.70. The panel may, in its discretion, modify any deadline it established for the use of a grant.
297297
298298 12019.70. The panel may, in its discretion, modify any deadline it established for the use of a grant.
299299
300300
301301
302302 12019.70. The panel may, in its discretion, modify any deadline it established for the use of a grant.
303303
304304 SEC. 8. Section 12019.75 of the Government Code is amended to read:12019.75. By applying for a grant, each eligible tribe and each individual applying on behalf of each eligible tribe shall agree to all of the following:(a) The terms and conditions the panel imposes as a condition of awarding the grant, including the limitations set forth in this section and article.(b) To cooperate with the panel, advisor, commission, bureau, or other state entity designated by the Governor to ensure that the grant is used in a manner consistent with the assertions in the application and any condition or limitations imposed on the award of the grant.(c) To provide access to the panel, advisor, commission, bureau, or other state entity designated by the Governor to all documents relevant to the use of the grant to allow a comprehensive audit, to ensure a grant is used for the purpose or project set forth in the application, in compliance with the conditions or limitations on the grant, and applicable tribal-state gaming compacts. compacts and class III gaming secretarial procedures.(d)To return to the fund any amount of a grant not encumbered or expended in compliance with Section 12019.70. Any returned funds shall be provided to the commission for deposit into the fund.
305305
306306 SEC. 8. Section 12019.75 of the Government Code is amended to read:
307307
308308 ### SEC. 8.
309309
310310 12019.75. By applying for a grant, each eligible tribe and each individual applying on behalf of each eligible tribe shall agree to all of the following:(a) The terms and conditions the panel imposes as a condition of awarding the grant, including the limitations set forth in this section and article.(b) To cooperate with the panel, advisor, commission, bureau, or other state entity designated by the Governor to ensure that the grant is used in a manner consistent with the assertions in the application and any condition or limitations imposed on the award of the grant.(c) To provide access to the panel, advisor, commission, bureau, or other state entity designated by the Governor to all documents relevant to the use of the grant to allow a comprehensive audit, to ensure a grant is used for the purpose or project set forth in the application, in compliance with the conditions or limitations on the grant, and applicable tribal-state gaming compacts. compacts and class III gaming secretarial procedures.(d)To return to the fund any amount of a grant not encumbered or expended in compliance with Section 12019.70. Any returned funds shall be provided to the commission for deposit into the fund.
311311
312312 12019.75. By applying for a grant, each eligible tribe and each individual applying on behalf of each eligible tribe shall agree to all of the following:(a) The terms and conditions the panel imposes as a condition of awarding the grant, including the limitations set forth in this section and article.(b) To cooperate with the panel, advisor, commission, bureau, or other state entity designated by the Governor to ensure that the grant is used in a manner consistent with the assertions in the application and any condition or limitations imposed on the award of the grant.(c) To provide access to the panel, advisor, commission, bureau, or other state entity designated by the Governor to all documents relevant to the use of the grant to allow a comprehensive audit, to ensure a grant is used for the purpose or project set forth in the application, in compliance with the conditions or limitations on the grant, and applicable tribal-state gaming compacts. compacts and class III gaming secretarial procedures.(d)To return to the fund any amount of a grant not encumbered or expended in compliance with Section 12019.70. Any returned funds shall be provided to the commission for deposit into the fund.
313313
314314 12019.75. By applying for a grant, each eligible tribe and each individual applying on behalf of each eligible tribe shall agree to all of the following:(a) The terms and conditions the panel imposes as a condition of awarding the grant, including the limitations set forth in this section and article.(b) To cooperate with the panel, advisor, commission, bureau, or other state entity designated by the Governor to ensure that the grant is used in a manner consistent with the assertions in the application and any condition or limitations imposed on the award of the grant.(c) To provide access to the panel, advisor, commission, bureau, or other state entity designated by the Governor to all documents relevant to the use of the grant to allow a comprehensive audit, to ensure a grant is used for the purpose or project set forth in the application, in compliance with the conditions or limitations on the grant, and applicable tribal-state gaming compacts. compacts and class III gaming secretarial procedures.(d)To return to the fund any amount of a grant not encumbered or expended in compliance with Section 12019.70. Any returned funds shall be provided to the commission for deposit into the fund.
315315
316316
317317
318318 12019.75. By applying for a grant, each eligible tribe and each individual applying on behalf of each eligible tribe shall agree to all of the following:
319319
320320 (a) The terms and conditions the panel imposes as a condition of awarding the grant, including the limitations set forth in this section and article.
321321
322322 (b) To cooperate with the panel, advisor, commission, bureau, or other state entity designated by the Governor to ensure that the grant is used in a manner consistent with the assertions in the application and any condition or limitations imposed on the award of the grant.
323323
324324 (c) To provide access to the panel, advisor, commission, bureau, or other state entity designated by the Governor to all documents relevant to the use of the grant to allow a comprehensive audit, to ensure a grant is used for the purpose or project set forth in the application, in compliance with the conditions or limitations on the grant, and applicable tribal-state gaming compacts. compacts and class III gaming secretarial procedures.
325325
326326 (d)To return to the fund any amount of a grant not encumbered or expended in compliance with Section 12019.70. Any returned funds shall be provided to the commission for deposit into the fund.
327327
328328
329329
330330 SEC. 9. Section 12019.85 of the Government Code is amended to read:12019.85. The activities authorized and required by this article, including, but not limited to, the administrative and procedural support services provided by the commission, its staff, and the advisor, the costs and compensation of members of the panel, and the costs of audits, are regulatory costs in connection with the implementation and administration of responsibilities imposed by tribal-state gaming compacts, compacts and class III gaming secretarial procedures, and shall be funded by moneys in the Indian Gaming Special Distribution Fund, and shall not be funded from the Indian Gaming Revenue Sharing Trust Fund or the fund.
331331
332332 SEC. 9. Section 12019.85 of the Government Code is amended to read:
333333
334334 ### SEC. 9.
335335
336336 12019.85. The activities authorized and required by this article, including, but not limited to, the administrative and procedural support services provided by the commission, its staff, and the advisor, the costs and compensation of members of the panel, and the costs of audits, are regulatory costs in connection with the implementation and administration of responsibilities imposed by tribal-state gaming compacts, compacts and class III gaming secretarial procedures, and shall be funded by moneys in the Indian Gaming Special Distribution Fund, and shall not be funded from the Indian Gaming Revenue Sharing Trust Fund or the fund.
337337
338338 12019.85. The activities authorized and required by this article, including, but not limited to, the administrative and procedural support services provided by the commission, its staff, and the advisor, the costs and compensation of members of the panel, and the costs of audits, are regulatory costs in connection with the implementation and administration of responsibilities imposed by tribal-state gaming compacts, compacts and class III gaming secretarial procedures, and shall be funded by moneys in the Indian Gaming Special Distribution Fund, and shall not be funded from the Indian Gaming Revenue Sharing Trust Fund or the fund.
339339
340340 12019.85. The activities authorized and required by this article, including, but not limited to, the administrative and procedural support services provided by the commission, its staff, and the advisor, the costs and compensation of members of the panel, and the costs of audits, are regulatory costs in connection with the implementation and administration of responsibilities imposed by tribal-state gaming compacts, compacts and class III gaming secretarial procedures, and shall be funded by moneys in the Indian Gaming Special Distribution Fund, and shall not be funded from the Indian Gaming Revenue Sharing Trust Fund or the fund.
341341
342342
343343
344344 12019.85. The activities authorized and required by this article, including, but not limited to, the administrative and procedural support services provided by the commission, its staff, and the advisor, the costs and compensation of members of the panel, and the costs of audits, are regulatory costs in connection with the implementation and administration of responsibilities imposed by tribal-state gaming compacts, compacts and class III gaming secretarial procedures, and shall be funded by moneys in the Indian Gaming Special Distribution Fund, and shall not be funded from the Indian Gaming Revenue Sharing Trust Fund or the fund.
345345
346346 SEC. 10. Section 12019.90 of the Government Code is amended to read:12019.90. Actions taken under this article shall be consistent with the provisions of tribal-state gaming compacts. compacts and class III gaming secretarial procedures.
347347
348348 SEC. 10. Section 12019.90 of the Government Code is amended to read:
349349
350350 ### SEC. 10.
351351
352352 12019.90. Actions taken under this article shall be consistent with the provisions of tribal-state gaming compacts. compacts and class III gaming secretarial procedures.
353353
354354 12019.90. Actions taken under this article shall be consistent with the provisions of tribal-state gaming compacts. compacts and class III gaming secretarial procedures.
355355
356356 12019.90. Actions taken under this article shall be consistent with the provisions of tribal-state gaming compacts. compacts and class III gaming secretarial procedures.
357357
358358
359359
360360 12019.90. Actions taken under this article shall be consistent with the provisions of tribal-state gaming compacts. compacts and class III gaming secretarial procedures.