§ 1-504 Environmental review process.
A. Unless an exemption applies or a lease is otherwise not subject to the environmental review process, then, before the approval of any lease, the Tribe shall cause to be prepared a comprehensive and adequate tribal environmental assessment (“TEA”) or tribal environmental impact report (“TEIR”), analyzing the potentially significant effects of the proposed action on the environment; provided, however, that information or data which is relevant to such a TEA or TEIR and is a matter of public record or is generally available to the public need not be repeated in its entirety in the TEA or TEIR, but may be specifically cited as the source for conclusions stated therein; and provided further, that such information or data shall be briefly described, its relationship to the TEA or TEIR shall be indicated, and the source thereof shall be reasonably available for inspection at a public place or public building.
B. Contents of the TEA. The environmental reviewer may prepare a TEA. A TEA shall be developed pursuant to the process set forth in Sections 1-505 and 1-506. The TEA shall provide sufficient information about potential environmental impacts of the proposed lease and include a detailed statement setting forth all of the following:
1. A description of the physical environmental conditions in the vicinity of the proposed lease (the environmental setting and existing baseline conditions), as they exist at the time the notice of preparation is issued;
2. A reasoned determination of either (a) no significant effect on the environment, or (b) likely significant effect(s) on the environment of the proposed lease;
3. If there is a determination of no significant effect on the environment, no further assessment is required.
4. If there is a determination of likely significant effect(s) on the environment, a statement of:
a. Any likely significant effect on the environment that cannot be avoided if the lease is executed;
b. Any likely significant effect on the environment that would be irreversible if the lease is executed; and
c. Any mitigation measures proposed, recommended or required that would reduce the adverse effects to less than significant.
C. Contents of the TEIR. If the TEA results in a determination that there are likely significant effects on the environment that cannot be avoided or mitigated, or if the environmental reviewer makes an independent determination that there are likely significant effects on the environment, the environmental reviewer shall prepare a TEIR analyzing the potentially significant effects on the environment of the proposed lease. The TEIR shall provide detailed information about the significant effect(s) on the environment which the lease is likely to have, and shall include a detailed statement setting forth all of the following:
1. A description of the physical environmental conditions in the vicinity of the project (the environmental setting and existing baseline conditions), as they exist at the time the notice of preparation is issued;
2. All significant effects on the environment of the proposed lease;
3. In a separate section:
a. Any significant effect on the environment that cannot be avoided if the lease is executed;
b. Any significant effect on the environment that would be irreversible if the lease is executed; and
c. Any mitigation measures proposed, recommended, or required.
D. In addition to the information required pursuant to subsection (C) of this section, the TEIR shall also contain a statement indicating the reasons for determining that various effects of the lease on the environment are not significant and consequently have not been discussed in detail in the TEIR. In the TEA and TEIR, the direct and indirect significant effects on the environment shall be clearly identified and described, giving due consideration to both the short-term and long-term effects. (Res. 2020-30)