§ 4-206 Preparation – Notice – Comment.
The procedure for tribal review of the potential environmental impacts of a proposed gaming project, lease or development project will include, in the following order to the extent feasible:
A. Preparation of Draft TEA, TEIR or PEIR. For every proposed gaming project, lease, or development project a draft TEIR shall be prepared either by the environmental reviewer or by an outside consultant engaged under contract with the Tribe. The draft TEA, TEIR or PEIR for a gaming project may be initially prepared by the Gaming Authority.
B. Notice of Draft EIR/PEIR.
1. Upon commencing the preparation of the draft EIR for a proposed gaming project, the environmental reviewer will issue a notice of preparation (notice) to the state clearinghouse in the state Office of Planning and Research (state clearinghouse) and to the county for distribution to the public.
2. Upon commencing the preparation of a draft TEIR or PEIR for a proposed lease or development project, the environmental reviewer will publish a notice of preparation in a local newspaper of general circulation.
3. The Tribe shall also post notice on its website.
4. The notice shall provide information describing the proposed gaming project, lease or development project and its potential significant effects on the environment sufficient to enable interested persons to make a meaningful response or comment. At a minimum, the notice shall include all of the following information:
a. A description of the gaming project, lease or development project;
b. The location of the proposed gaming project, lease or development project shown on a detailed map;
c. The notice shall also inform interested persons of the preparation of the draft TEIR or PEIR and shall inform them of the opportunity to provide comments to the Tribe within thirty (30) days of the date of the receipt of the notice by the state clearinghouse and the county, and publication of the notice. The notice shall also request interested persons to identify in their comments the environmental issues and reasonable mitigation measures that the Tribe should explore in the draft TEIR or PEIR.
C. Notice of Completion of Draft TEA, TEIR or STEIR.
1. Gaming Project Draft TEA, TEIR or STEIR. Upon completion of the draft TEA, TEIR or STEIR for a proposed gaming project, the environmental reviewer will file a copy of the draft TEA, TEIR or STEIR and a notice of completion with the state clearinghouse, the state gaming agency, the county, and the California Department of Justice, Office of the Attorney General. The Tribe will submit ten (10) copies each of the draft TEA, TEIR or STEIR and the notice of completion to the county, which will be asked to post public notice of the draft TEA, TEIR or STEIR at the office of the county Board of Supervisors and to furnish the public notice to the public libraries serving the county. The county shall also be asked to serve in a timely manner the notice of completion to all interested persons, which interested persons shall be identified by the Tribe for the county, to the extent it can identify them.
2. In addition, the Tribe will provide public notice by at least one (1) of the procedures specified below:
a. Publication at least one (1) time by the Tribe in a newspaper of general circulation in the area affected by the project. If more than one (1) area is affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas; or
b. Direct mailing by the Tribe to the owners and occupants of property adjacent to, but outside, the tribal lands on which the project is to be located. Owners of such property shall be identified as shown on the latest equalization assessment roll.
3. Draft TEA/TEIR/STEIR/PEIR for Lease or Development Project. The environmental reviewer will publish the notice of completion in a local newspaper of general circulation.
4. The Tribe shall also post the notice of completion and a copy of the draft TEA, TEIR, STEIR or PEIR on its website.
5. The notice of completion shall include all of the following information:
a. A brief description of the project;
b. The proposed location of the project;
c. An address where copies of the draft TEA, TEIR, STEIR or PEIR are available;
d. Notice of a period of forty-five (45) days during which the Tribe will receive comments on the draft TEA, TEIR, STEIR or PEIR; and
e. Notice of the date and time of the public hearing on the draft TEA, TEIR, STEIR or PEIR.
D. Comment Period – Public Hearing.
1. The notice will provide a comment period of at least forty-five (45) days to receive comments on the draft TEA, TEIR, STEIR or PEIR.
2. The Tribe will hold at least one (1) public hearing on the draft TEA, TEIR, STEIR or PEIR. The hearing shall be held no less than fourteen (14) days and not more than thirty (30) days from the date of publication, unless extended by the Tribal Council.
3. At the public hearing, subject to reasonable limitations, interested members of the Tribe and public, including members of the public living in the vicinity of the gaming project, lease, or development project, as well as affected federal, state or local government agencies, will be permitted to present their views and comments, either verbally or in writing, on the proposed gaming project, lease or development project generally and the draft TEA, TEIR, STEIR or PEIR specifically.
4. After the conclusion of the comment period, the environmental reviewer or consultant shall consolidate all comments and views received, develop appropriate responses to any new relevant information, and submit to the Tribal Council a draft final TEA, TEIR, STEIR or PEIR. If the Tribal Council believes that further studies or information or hearings are desirable, it may direct the preparation of such additional studies, information or hearings.
E. Issuance of Final TEA, TEIR, STEIR or PEIR.
1. For proposed gaming projects, the environmental reviewer shall prepare, certify and make available to the county, the state clearinghouse, the state gaming agency, and the California Department of Justice, Office of the Attorney General a final TEA, TEIR or STEIR, which shall consist of:
a. The draft TEA, TEIR or STEIR or a revision of the draft;
b. Comments and recommendations received on the draft TEA, TEIR or STEIR either verbatim or in summary;
c. A list of persons, organizations, and public agencies commenting on the draft TEA, TEIR or STEIR;
d. The responses, which shall include good-faith, reasoned analyses, of the Tribe to significant environmental points raised in the review and consultation process; and
e. Any other information added by the Tribe.
2. For a proposed lease or development project, the environmental reviewer shall prepare a final TEA, TEIR, STEIR or PEIR, which shall also include a section with a summary of comments received and responses to the comments received on the draft TEA, TEIR, STEIR or PEIR. (Res. 2023-04; Res. 2019-40)