THE PRIMARY OBJECTIVE
OF AN INTERGOVERNMENTAL MITIGATION AGREEMENT IS TO PROVIDE FOR BINDING AND
MUTUALLY ENFORCEABLE AGREEMENTS WHICH INSURE THE TIMELY MITIGATION OF
SIGNIFICANT ADVERSE IMPACTS, WHERE SUCH IMPACTS:
A.
ARE PRIMARILY ATTRIBUTABLE TO THE PROJECT BEING PROPOSED;
B.
OCCUR OUTSIDE OF THE GEOGRAPHIC BOUNDARIES OF THE TRIBE'S
EXISTING OR PROPOSED TRUST LANDS AND WITHIN THE GEOGRAPHIC BOUNDARIES OF THE
COUNTY; AND
C.
ARE WITHIN THE JURISDICTION OR RESPONSIBILITY OF THE COUNTY.
5.3.19
BINDING ARBITRATION.
IF THE PARTIES, AFTER MEETING AND
CONFERRING CONSISTENT WITH SECTION 5.3.18 ABOVE, HAVE NOT APPROVED, EXECUTED AND
DELIVERED AN INTERGOVERNMENTAL MITIGATION AGREEMENT FOR A TRIBAL COMMERCIAL
DEVELOPMENT PROJECT CONSISTENT WITH THIS SECTION WITHIN THIRTY (30) DAYS AFTER
THE DATE OF THE PUBLICATION OF THE FINAL TEIR, OR SUCH OTHER DATE AS THE PARTIES
MAY MUTUALLY AGREE IN WRITING, EITHER PARTY MAY INITIATE THE BINDING ARBITRATION
DISPUTE RESOLUTION PROCESSES CONTAINED IN SECTION 20.2.
5.3.20
AS TO NON-COMMERCIAL TRIBAL PROJECTS, THE REQUIREMENT TO ENTER
INTO A FINAL INTERGOVERNMENTAL MITIGATION AGREEMENT OR TO SUBMIT TO BINDING
ARBITRATION OR A COURT IMPOSED REMEDY IF AN IMPASSE IS REACHED, OR OTHERWISE
SHALL NOT BE IMPOSED ON THE TRIBE.
IF AGREEMENT IS NOT REACHED ON AN
INTERGOVERNMENTAL MITIGATION AGREEMENT REGARDING A NON-COMMERCIAL TRIBAL
PROJECT, THE TRIBE RETAINS THE RIGHT AND JURISDICTION TO PROCEED WITH THE
PROJECT AND THE COUNTY RETAINS THE RIGHT TO OPPOSE THE PROJECT.
15
5.3.21
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, THE PARTIES
ACKNOWLEDGE THAT THE TRIBE IS SUBJECT TO FEDERAL LAWS AND REGULATIONS REGARDING
THE ENVIRONMENT AND HEALTH AND SAFETY, INCLUDING BUT NOT LIMITED TO THE CLEAN
WATER ACT, SAFE DRINKING WATER ACT, ENDANGERED SPECIES ACT, INDIAN GAMING
REGULATORY ACT, AND OCCUPATIONAL SAFETY AND HEALTH ACT, AND PERMIT CONDITIONS
INCLUDING BUT NOT LIMITED TO CONDITIONS IN ANY NPDES PERMITS.
THE PARTIES AGREE
THAT THE MATTERS REGULATED BY THESE LAWS, REGULATIONS, AND PERMITS SHALL BE
MATTERS THAT ARE SOLELY BETWEEN THE TRIBE AND THE FEDERAL AGENCY HAVING
JURISDICTION OVER SUCH STATUTES, REGULATIONS, AND PERMITS, AND A VIOLATION OF
SUCH STATUTES, REGULATIONS, AND PERMITS SHALL NOT BE CONSIDERED A VIOLATION OF
THIS AGREEMENT OR A REQUIRED PART OF AN INTERGOVERNMENTAL MITIGATION AGREEMENT.
CONSISTENT WITH THE ABOVE, DISPUTES BETWEEN THE PARTIES OVER MATTERS COVERED BY
SUCH FEDERAL PROCESSES SHALL BE RESOLVED, TO THE EXTENT A PROCESS FOR DOING SO
IS PROVIDED BY LAW, SOLELY BEFORE THE FEDERAL AGENCY CONDUCTING THE PROCEEDINGS
AND IN ACCORDANCE WITH ITS RULES AND REGULATIONS.
ANY DISPUTE OR DISAGREEMENT
THE COUNTY HAS WITH THE PROCESS OR ITS OUTCOME SHALL NOT BE SUBJECT TO THE
DISPUTE RESOLUTION OR BINDING ARBITRATION PROVISIONS OF THIS AGREEMENT.
NOTHING
HEREIN SHALL BE CONSTRUED AS LIMITING THE PARTIES' RESPECTIVE RIGHTS TO REACH
AGREEMENT ON A VOLUNTARY BASIS WITH EACH OTHER OVER SUCH MATTERS OUTSIDE SUCH
FEDERAL PROCESS, SUBJECT TO APPLICABLE LAW AND THE SOLE DISCRETION OF EACH PARTY
AS TO WHETHER OR NOT TO NEGOTIATE OR AGREE ON SUCH MATTERS OUTSIDE THE CONTEXT
OF THE FEDERAL PROCESS ITSELF.
VI.
ONGOING PROJECT MITIGATION MEASURES
6.1
THE COUNTY AND TRIBE REVIEWED THE ENVIRONMENTAL