Guidiville Band of Pomo Indians/Upstream-Point Molate, LLC
Point Molate Resort Project Process

Step 1. Federal Indian Lands Determination Process

• In 2004, the Guidiville Tribe, its development partner Upstream-Point Molate, LLC,  and the City agreed on a Land Disposition Agreement (LDA) and a Municipal Services Agreement (MSA) where the City would sell the 415-acre Point Molate property to the Tribe and Upstream for $50 million upon approval of the land acquisition by the federal government. Once the project is opened, the City will receive upwards of $20 million annually for 20 years based upon agreed-upon guidelines established the MSA
• Since 2004, the Tribe and Upstream have invested millions of dollars into the property, continuing to finance security, maintenance and environmental remediation planning in cooperation with federal, state and local governments
• In March 2006, the Guidiville Tribe submitted a formal request to the federal Department of the Interior, Bureau of Indian Affairs, seeking the Department’s concurrence with the Tribe’s determination that approximately 415 acres at Point Molate constitutes the Tribe’s “restored lands” as defined in Section 20 of the Indian Gaming Regulatory Act (IGRA), 25 USC 2719(b)(1)(B)(iii)
• The Tribe continues to move forward with this specific process, submitting extensive legal, historical and regulatory documentation supporting its position. Tribal representatives continue to travel to Washington, DC to meet face-to-face with elected officials as well as officials from the Interior Department and the Bureau of Indian Affairs to provide additional information and help move the process along

Step 2. Land Transfer from City of Richmond to Guidiville Band of Pomo Indians

• In keeping with the 2004 LDA agreement between the Tribe, Upstream, and the City, once the Department of the Interior returns with its formal Indian Lands Determination concurrence, the City will formally transfer title to the Point Molate acreage to the Tribe
• To date, the Tribe has paid some $15 million in purchase options to the City as part of the overall $50 million purchase price

Step 3. Point Molate Fuel Depot Site Remediation

• In April 2008, the Tribe and Upstream reached agreement with the city of Richmond on a strategy to aggressively clean up a 50-acre parcel that makes up the Navy’s former Point Molate Fuel Depot site
• Using a combination of funding from the Navy, the Guidiville Tribe and Upstream, the plan calls for a more rapid and complete cleanup of the site than would be possible under Navy ownership
• Under the agreement, the Navy will transfer the deed to the site acreage to the City along with $28.5 million in funding. The Tribe and Upstream will provide additional funds to secure an aggressive cleanup schedule and cover insurance deductibles
• The Navy’s funding package will also provide for comprehensive environmental insurance to cover the City, the Tribe and Upstream, and the federal government for cost overruns and third-party liabilities arising from residual contamination on the property. Upstream/Guidiville’s contribution
• After the Point Molate parcel is transferred to the Guidiville Tribe, the Tribe will submit a formal application to begin what is called the federal fee-to-trust, or “land-into-trust” process
• The Tribe’s application will include comprehensive historical, legal and regulatory evidence to support its position
• In the land-into-trust process, the Secretary of the Interior (Secretary) has the authority acquire title to land on behalf of tribes like the Guidiville Band
• The Secretary must process and approve the Guidiville Tribe’s conversion of its privately held title to land (fee) into federally held title to land before the conversion is complete.
• The United States government will then hold in trust title to the land for the Guidiville Tribe upon completion of the process and approval
• Once the land is in federal trust on behalf of the Tribe, the Tribe will then be able to begin the process of preparing to utilize the land for environmentally-friendly economic development and land management, housing, tribal government services, and more

Step 4. Certification of Project Environmental Impact Report

• The Tribe and Upstream have already completed a comprehensive Tribal Environmental Impact Report (TEIR) that ensures adherence to the standards of both the National Environmental Policy Act and the even stricter California Environmental Quality Act, perhaps the strictest and most demanding in the nation
• The TEIR examines all potential environmental impacts and provides detailed mitigation measures to minimize those impacts
• Before the first shovelful of dirt is turned, the TEIR must be reviewed and certified by the Department of the Interior, which has final say on projects developed on federal Indian lands.
• The Richmond City Council also is tentatively scheduled to vote on approving the TEIR in November 2010

Step 5. National Indian Gaming Commission - Casino Management Contract Approval Process

• Once the Tribe’s land is placed into federal trust, the Tribe will enter into a management contract with Upstream for the operation and management of the proposed Class III gaming facility, subject to the approval of the National Indian Gaming Commission (NIGC)
• The NIGC, which was established by the IGRA, is comprised of a Chairman appointed by the President, and two associate members appointed by the Secretary of the Interior
• A management contract that has not been approved by the Chairman of the NIGC is void. Therefore, no action should be taken under any management contract until it has been approved by the Chairman
• The NIGC staff reviews each management contract and recommends to the Chairman that he approve or disapprove. The review is comprehensive; the length and amount of time it takes is dependent upon several factors including the completeness of the contract, the degree to which the contract meets the requirements of the law, and the Commission's backlog

Step 6. Tribal-State Compact Process

• In order to operate a Class III gaming facility, the Tribe must also enter into a legal agreement with the State of California called a “tribal-state compact”
• The tribal-state compact determines a wide range of governing factors for the operation of the facility, including, but not limited to, the maximum number slot machines to be operated and their minimum internal control standards, tribal payments to the state based on agreed-upon “net win” guidelines, building and fire code standards, regulation, security, oversight and licensing standards, labor relations, dispute resolution, and much more
• Thought the Tribe and State will be working from a basic template of issues, compact negotiations often vary greatly in length and intensity
• Securing a tribal-state compact will be the final step necessary before the Tribe to launch its plan to build and operate its gaming facility