FINDTNG OF NO STGMFICANT IMPACT 

PROPOSED MANAGEMENT AGREEMENT BETWEEN THE PEORIA TRBE OF INDlANS 

OF OKLAHOMA AND DIRECT ENTERPRISE DEVELOPMENT LLC. 

AGENCY 

ACTION 

National Indian Gaming Commission 

Finding of No Significant Impact 

Thc Peoria Tribe of Indians of Oklahoma (Tribe) is proposing to enter into a Management 

Agreement with Direct Enterprise DeveIopment, LLC (Direct) for the management of the Tribe's 

gaming enterprise in Miami, OkIahoma. The Tribe presently owns and operates the Peoria 

Gaming Center and the Buffalo Run Gaming Center on its Federal trust lands in the Town of 

Miami, in Ottawa County, Oklahoma. Theses facilities offer Class II and Class III gaming, 

entertainment and food service. Direct seeks to manage these operations pursuant to the terms of 

the proposed Management Agreement and in compliance with the Indian Gaming Regulatory Act 

(IGRA). 

Under IGRA, the National Indian Gaming Commission (NIGC) is tasked with reviewing and 

approving of Management Contracts between tribes and outside management contractors for the 

management of gaming facilities on Indian lands. In conjunction with its approval of the 

Management Contract, the NFGC must comply with the requirements of the National 

Environmental Policy Act (PEPA) of 1949. The MGC has deemed that the approval of this 

Management Contract constitutes a "major Federal action" thus requiring the preparation of an 

Environmental Assessment (EA). An EA was prepared by Thompson Associates, which is a 

wholly owned company of Phillip E. Thompson who serves as legal counsel to Direct. The DraR 

EA was published and circulated for public comment in Miami, Oklahoma from July 22,2007 to 

August 23, 2007. No public comments were received. That information was incorporated into 

Final EA. 

FOR FURTHER INFORMATION CONTACT 

National Indian Gaming Commission 

NEPA Compliance Oficer 

1441 L Street NW, Suite 91 00 

Washington, DC 20005 

(202) 632-7003 
PUBLIC AVATLABLZTY 

The Final EA and FONST will be available to the public at the following locations for a period of 30 

calendar days at the offices of the Peoria Tribe of Indians of Oklahoma. 

DESCRTPTlON OF THE PROPOSED PROJECT 

The Tribe seeks to grant Direct the exclusive right to manage, operate, and maintain the Tribe's 

gaming facilities. Direct desires to undertake these responsibilities which will include but not he 

limited to the management of all Class Il and Class TII gaming operations and other commercial 

activities to includc, but not be limited to the operation of Automatic Teller Machines; the 

oversight, booking, coordination and management of a11 entertainment; the planning, 

coordinating and management of all event and venue hosting; the management and oversight of 

all conferences, meetings and hospitality activities; and the sale of food, beverages, tobacco, gifts 

and souvenirs at the Tribe's gaming facilities. 

The Peoria Gaming Center opened for operations in January 2004. The facility consists of two 

joined double wide trailers and provides 4,200 sq. ft, of space which houses Class II and Class TII 

gaming devices, a snack bar, and administrative spaces. Phase I of the Buffalo Run Gaming 

Center was completed and opened in October 2004. Phase I is commercially known as the 

Buffalo Run Casino and totals over 50,000 sq. ft. of space, The Facility has a full service 

restaurant, a badlounge area, a snack bar, and administrative spaces. The Facility also includes 

the Peoria Showplace Arena from which the Tribe operates various events to include professional 

boxing matches, concerts, and tradeshows. Phase Il of the Buffalo Run Gaming Center was 

completed and opened about a year after Phase I. The additional gaming space is cemmer~iaIly 

known as the Joe's Outback Casino area. Joe's Outback is marketed as a separate brand 

extension; however, all management, accounting, personnel, and operations activities at Joe's 

Outback are managed under the Buffalo Run Gaming Center. The expansion added about 16,800 

sq. ft. of space and offers Class II and Class Ill gaming, a snack bar and space for storage and 

administrative activities. 

Preparation of the EA included consultation with the U.S. Bureau of Indian Affairs, the U.S. Army 

Corps of Engineers, the U.S. Envjromental Protection Agency, the U.S. Indian Health Sewice, the 

U.S. Department of Transportation, the State of Oklahoma's State Historic Preservation Officer, the 

State's Department of Environmental Quality, the State's Department of Transportation, the 

Oklahoma Turnpike Authority, the County of Ottawa, the City of Miami, the Miami Fire 

Department and the Ottawa County Rum1 Water District. 

Copies of the draft EA were made available for public review at the Miami Public Library and 

Tribal Offices. A notice of availabiIity and a 30 day comment period was put in the Miami News 

Record on July 22,2007. No public comments were received. 
SUMMARY OF IMPACTS AND MITIGATION 

The proposed action to be approved by this FONSI is the change in the Management of an existing 

tribal gaming enterprise from the Tribe to Direct Enterprise Development, LLC. The Tribe and 

Dire~t do not anticipate that the proposed action will result in extensive changes in the current 

setup and operation of the Tribe's gaming facilities. The most significant changes will be from 

operational, staffing and promotional changes in the operation of the Tribe's gaming facilities. 

The size of the Tribe's current facilities provides for growth and expansion. 

Impacts 

Waste Management 

Under the proposed action, a potential 5 to 10 percent increase or an additional 15 to 25 tons of 

solid waste per year is anticipated. The City of Miami has stated that it can handle a 100 percent 

increase in solid waste disposal. 

Traffic, Transportation, and Parking 

Under the proposed action a ten percent increase in traffic from additional customers is 

anticipated in the next six months which could increase the number of vehicles present at peak 

times, Friday and Saturday evening, by 60 to 120 vehicles. The facility has adequate parking 

capacity to handle this increase. The Tribe will continue to work with the County, City and BIA 

to construct a traffic light along Highway 69A at the project entrance. 

Utilities 

A ten percent increase in water usage is anticipated under the proposed action which could result 

in an additional 400,000 gallons of water and corresponding 400,000 gallons of waste water. 

The City of Miami has stated that their facilities can handle a 100 percent increase in water usage 

to and sewage service from the Tribe" facilities, 

Air Quality 

The additional anticipated vehicle traffic should not impact the overall air quaIity in the project 

area. 

Fire and Emergency Services 

The increased patronage could result in fire and emergency services. However, it is anticipated 

that these increases should not adversely impact fire or emergency services to the Tribe's 

facilities. 
Socioeconomic Conditions 

The proposed action should result in increased revenue to the Tribe and the local community. 

This increased revenue will allow the Tribe to expand governmental operations, along with the 

provision of additional programs and services to tribal members thereby increasing tribal selfsufficiency and self-determination. Besides providing additionaI tax revenues to the local and 

state governments, the proposed action shouId benefit local and regional economies by providing 

increased employment for locaI residents and tribal members and more revenues and 

expenditures in the local economy. 

Cumulative Impacts 

The cumulative impact of the proposed action to the gaming site would be limited. The 

cumulative impact on the local and regional area from increased Indian gaming activities in 

Northeastern Oklahoma would result in million of dollars in additional revenues being put into 

the local economies through expenditures for goods and services; payrolls; payment of 

compliance fees and taxes; and investments by the Tribes. The Indian gaming business is 

probably one of the largest if not the largest overall employers in Northeastern Oklahoma. In 

addition to casino development, Tribes may also seek to deveIop additional an~i1Ia-y facilities 

such as shopping centers, entertainment complexes and hoteIs. 

Impact on Tribal Socioeconomic Conditions 

Increased operations will provide additional employment opportunities for Tribal members, 

thereby increasing their employment prospects. The overaII benefit will be sustained economic 

growth for the Tribe and improved quality of life for tribal members and ultimately fewer 

burdens on Federal, State, and local governments in the provision of services to Tribal members. 

Impact on Local Socioecanornic Conditions 

The most direct cumulative impact from these Facilities will be economic. Increased 

employment and payroll have injected additional tax and income revenue into the local 

community. Direct's improved management of the casino operati~nshould result in additional 

revenues and spur more housing and other economic development activities. Increased 

operations will help decrease unemployment; increase in tax revenues; and provide more 

business oppsrhmities and purchases of goods from local business. The most negative social 

economic impact could be an increase in criminal activity, however, as the City of Miami" crime 

statistic have demonstrated, that the development of Indian gaming projects in and near the City 

have not resulted in a substantial increase in crime. 
Traffic 

The impact of trafic will not be major problem on or near the site. Unless further development, 

commercial or residential, occurs near the casino site, the traffic impact should not substantially 

increase. The cumulative impact could be an increase of 10 to 20 percent in traffic to and from 

the casino as the operations expand. The placement of a traffic light along Highway 69(A) at the 

entrance to the Tribe's gaming centers should help limit the risk of serious accidents at the 

Casino entrance. Additional space for parking is available. 

Impact on local Utilities and Infrastructure 

The cumulative impact of these Facilities on the locaI infiastructurc wilI not be significant. The 

City of Miami has stated that it can handled expanded water, wastewater and solid waste needs. 

Mitigation 

Surface Water 

The Tribe may want to apply for a Nationwide Permit under the Clean Water Act to address 

future surface water runoff issues. 

Waste Management 

The existing solid waste disposal facilities for the City of Miami have excess capacity to handle 

the solid waste generated by the Tribe's facility. 

Traffic, Transportation, and Parking 

The Tribe can develop additional parking spaces if that becomes an issue since that the Tribe has 

over 700 acres of land at the site. The Tribe is working with the City and County to place a 

traffic light at the entrance of the Tribe's gaming center to alleviate the potential traff~c issues at 

that location. 

Utilities 

A11 utilities necessary to serve the facility exist and have sufficient excess capacity to serve the 

site. No mitigation is deemed necessary. 

Air Quality 

The impact to air quality should be minimal and should not require any mitigation efforts. 

Fire and Emergency Services 

The only mitigation measure proposed is additional and continued training of casino staff to 

5 
address potential weather and internal related emergencies. 

Socioeconomi~ Conditions 

With the possible exception to a potential increase in crime, the: socioeconomic impacts will be 

primarily positive, The facility has on-site security staff and parking lot guards to discourage 

criminal activity on site. The Tribe has a program to address individuals who may suffer from 

compulsive gaming, and will work with local officials on this issue. So far the increase in Indian 

gaming in this region has not resulted in an increase in crime. 

Findings 

1. Federal, State and local agencies and the public were involved in the identifying 

environmental issues reIated to the proposed action. No significant impacts were identified 

during this consurtation process, 

2. The EA finds that the proposed action wiIl not jeopardize any federally or state listed 

theatcned or endangered species. 

3. The EA finds that the proposed action is in curnpliance with the National Historic 

Preservation Act and that no archeological or crzlturally significant sites are affected by the 

proposed action (See the final EA). 

4. In regards to traffic impacts, under the current operations, there are no significant traffic 

impacts. The EA finds that the proposed action will not cause any significant impacts to 

roads or traffic in the local area. The only mitigation measure recommended is the 

placement of a traffic light along Highway 69A at the entrance of the casino. The Tribe is 

currently working with the State and County on this action. 

5. The EA analyzes cumulative impacts and finds that they will not be significant. 

6. The EA finds that the proposed action will improve economic and social conditions of the 

Tribe and local community and meets the purpose and need for the action identified in the 

Final EA. The proposed action will not have any significant impact on the local or regional 

socioeconsrnic conditions. 

The NIGC has independently evaluated and hereby adopts the information and analysis in the EA. 

The Final EA provides a sound basis for evaluating the environmental impacts of the Tribe's 

proposed change in the change in management of its tribal gaming enterprise from tribal 
management to Direct Enterprise Development LLC., under the terms and conditions of the 

proposed Management Agreement. 

After careful and thorough consideration of the facts contained herein, the undersigned finds that 

the proposed federal action is consistent with existing nation environmental policies and objectives 

as set forth in Section 101 of the NEPA and other applicable environmental requirements and wiI1 

not significantly affect fie quality of human life or the environment or othenvise any condition 

requiring consultation pursuant to Section 102(2) (c) of NEPA. 

Envirolamentd Amt and FONSI reviewed and recommended by: 

/.,/.._ 

Date 

W\/6? 

Date 

~haiman, National Indian Gaming Commission