Commentary : Speedy Decision Justified on Indian Gaming : Public policy: Voters said clearly what they wanted. There were many reasons not to delay.

On Friday, I signed historic compacts with 59 sovereign California Indian tribes restoring gaming rights that had been taken from them when the state Supreme Court overturned Proposition 5 on Aug. 23.

It has been argued that I acted too quickly and without adequate public debate, that I should have allowed the state’s voters once again to express their opinion on Indian gaming by voting on a successor gaming initiative. But the fact is that speed and decisiveness were essential. Here is why:

Indian gaming was the express will of the voters, 63% of whom said yes to Proposition 5 last November. In its vote, the electorate was returning to the Indian tribes a measure of dignity and respect they deserve. By signing the compacts on Friday, I kept faith with those California voters.

Quick action was necessary because two clocks were running. The first was the legislative clock. The high court had overturned Proposition 5 because it said the initiative violated a California constitutional bar on casino-style gambling. In order for the compacts to take effect, the state Constitution must be amended. This required the Legislature to place an amendment on the ballot. Friday was the last day of the regular legislative session on which an amendment could be passed.

Perhaps I could have called a special session to consider the issue. But I was concerned about the second clock, this one in the office of the U.S. attorney, who had made it clear that by Oct. 13 all tribal gaming must cease unless compacts were signed restoring the tribes’ gaming rights. The tribes that signed compacts Friday will not face shutdown of gaming by the U.S. attorney.

In reaching the negotiated settlement with the tribes, we are protecting the self-sufficiency the tribes have gained from gaming revenues. Indian gaming is estimated to have reduced welfare payments in California by some $50 million, bringing opportunity to thousands of Native Americans who have known only welfare and taxpayer dependence.

In addition, nearly 16,000 jobs that have been created by Indian gaming--90% of which are held by non-Indians--were at risk if we did not reach a quick agreement.

In addition to those directly employed, Indian gaming supports an estimated 34,000 jobs in California through spending by employees, vendors, construction firms, tribal governments and other businesses. Many of these jobs are in counties with historically high rates of unemployment.

Why not simply let Indian gaming proponents place another initiative on the ballot? First, another initiative similar to Proposition 5 might not pass constitutional muster. Most likely, it would suffer the same fate as its predecessor.

Second, Proposition 5 would have allowed unrestricted, Las Vegas-style gambling. The compacts signed Friday allow only a limited extension of the current level of gaming. Gaming tribes now operate approximately 20,000 machines. The compacts will allow no more than twice that many. That is a small fraction of the 200,000 or so machines in Nevada--although California’s population is 20 times greater than Nevada’s.

Third, the compacts allow all California Indian tribes to share in the revenue Indian gaming produces. Even small or remotely located tribes will benefit from the restoration of gaming.

This quick action was the right thing to do. It restores stability and economic security to the gaming tribes and extends real opportunity to non-gaming tribes. Finally, it keeps faith with the electoral mandate in Proposition 5 and my public commitment to responsibly manage the growth of tribal gaming.