§ 4-205 Contents of the TEIR, PEIR.
A. If the TEA results in a determination that there are likely to be significant effects on the environment that cannot be avoided or mitigated, or if the environmental reviewer makes an independent determination that there are likely to be significant effects on the environment, the environmental reviewer shall prepare a tribal environmental impact report (TEIR), analyzing the potentially significant effects on the environment of the proposed gaming project, lease or development project pursuant to the process set forth in this section.
B. The TEIR shall provide detailed information about the significant effects on the environment of the proposed gaming project, lease, or development project and shall list ways in which the significant effects on the environment might be minimized, and shall include a detailed statement setting forth all of the following:
1. Table of Contents and Summary. The TEIR shall contain a table of contents and a summary, which shall identify each significant effect on the environment, with proposed measures and alternatives that would reduce or avoid that effect, and issues to be resolved, including the choice among alternatives and whether and how to mitigate the significant effects on the environment.
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 preparation is issued.
3. Potential Significant Effects. The direct and indirect significant effects on the environment of the proposed gaming project, lease, or development project shall be clearly identified and described, giving due consideration to both the short-term and long-term effects. Any significant effect on the environment that cannot be avoided or is irreversible if the gaming project, lease or development project is implemented should be included. Any direct growth-inducing impacts of a gaming project should also be included.
4. Alternatives. The TEIR 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 of the 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 reservation lands. The TEIR must include sufficient information about each alternative to allow meaningful evaluation, analysis, and comparison.
5. Mitigation Measures. The discussion of mitigation measures shall describe feasible measures that could minimize significant adverse effects, including, but not limited to, measures to reduce the wasteful, inefficient, and unnecessary consumption of energy, and shall distinguish between the measures that are proposed by the Tribe and other measures proposed by others. Where several measures are available to mitigate an effect, each should be discussed and the basis for selecting a particular measure should be identified. Formulation of mitigation measures should not be deferred until some future time.
6. In addition to the information required pursuant to this section, the TEIR 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 TEIR.
C. Information or data that is relevant to the TEIR and is a matter of public record or is generally available to the public need not be repeated in its entirety in the TEIR, but may be specifically cited as the source for conclusions stated therein. Such information or data shall be briefly described, that its relationship to the TEIR shall be indicated, and that the source thereof shall be reasonably available for inspection at a public place or public building.
D. Use of Documents Prepared Pursuant to NEPA, CEQA or This Chapter. In lieu of a new TEIR, when an environmental impact statement has been, or will be, prepared for the same gaming project, lease or development project pursuant to the requirements of NEPA, or an environmental impact report 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 TEIR 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 TEIR is necessary to comply with this chapter.
E. Preparation of PEIR. The environmental reviewer may prepare a PEIR when the Tribe is considering multiple leases or development projects in the same geographic area on tribal lands. The PEIR must comply with the provisions of this section. In lieu of a new TEIR for a specific lease or development project, the environmental reviewer may rely on a previously completed PEIR so long as the PEIR directly covers the affected tribal lands. (Res. 2019-40)