§ 4-204 Contents of the TEA.
A. Before the commencement of a gaming project, or approval of a lease or development project, the environmental reviewer may prepare a TEA, analyzing the potential environmental impacts of the proposed gaming project, lease or development project. A TEA shall be developed pursuant to the process set forth in Section 4-206(A) and (C) through (E).
B. The TEA shall provide sufficient information about the potential environmental impacts of the proposed gaming project, lease, or development project and shall include a detailed statement setting forth all of the following:
1. Table of Contents and Summary. The TEA shall contain a table of contents and a summary, which shall identify each potential environmental impact, with proposed measures and alternatives that would reduce or avoid those impacts, and explanation of the determination of whether there are likely to be significant impacts on the environment or that there are no significant environmental impacts.
2. Current Environmental Conditions. A description of the physical environmental conditions in the vicinity of the gaming project, lease or development project (the environmental setting and existing baseline conditions), as they exist at the time the notice of draft TEA is issued.
3. Alternatives. The TEA shall also describe a range of reasonable alternatives to the gaming project, lease or development project, or to the location of the gaming project, lease or development project which would feasibly attain most of the basic objectives of the gaming project, lease or development project and which would avoid or substantially lessen any potential significant effects on the environment, and evaluate the comparative merits of the alternatives; provided, that the Tribe need not address alternatives that would cause it to forgo its right to engage in the gaming activities authorized by the gaming compact on its tribal lands. The TEA must include sufficient information about each alternative to allow meaningful evaluation, analysis, and comparison.
4. Potential Impacts. The direct and indirect potential environmental impacts of the proposed gaming project, lease, or development project, and each alternative, shall be clearly identified and described. Any environmental impacts that are significant and cannot be avoided or mitigated shall be clearly identified and described. All direct, indirect and cumulative impacts should also be included.
5. Mitigation Measures. If there are any potential significant effects on the environment, the TEA must include a discussion of feasible mitigation measures that would reduce the adverse effects to less than significant.
C. In addition to the information required pursuant to this section, the TEA shall also contain a statement indicating the reasons for determining that various environmental effects of the gaming project, lease or development project are not significant and consequently have not been discussed in detail in the TEA.
D. Use of Documents Prepared Pursuant to NEPA, CEQA or This Chapter. In lieu of a new TEA, when an environmental assessment has been, or will be, prepared for the same gaming project, lease or development project pursuant to the requirements of NEPA, or an environmental assessment has been or will be prepared for the same project pursuant to the requirements of CEQA, all or any part of that statement or report may be used to meet the requirements of a TEA as outlined by this chapter so as to reduce duplication and avoid undue delay. If the environmental reviewer decides to adopt all or part of that statement or report, he or she will also determine if a supplemental TEA is necessary to comply with this chapter. (Res. 2019-40)