RELATE TO GAMING FACILITIES AND WHETHER OR NOT THEY ARE LIKELY TO
CAUSE A SIGNIFICANT ADVERSE IMPACT OUTSIDE THE RESERVATION, AND TO PROVIDE
PROCEDURES WITH RESPECT TO SUCH DETERMINATIONS AND THE POSSIBLE NEED FOR
MITIGATION.
5.2
THE ENVIRONMENTAL REVIEW PROCESS UNDER THE ENVIRONMENTAL ORDINANCE
HAS BEEN COMPLETED FOR THE EXISTING CASINO AND FOR THE RESORT PROJECT.
IN
ADDITION, THE NEPA PROCESS APPLICABLE TO THE TRIBE'S APPLICATION TO TAKE THE
DUGAN PROPERTY INTO TRUST HAS BEEN COMPLETED.
THE ENVIRONMENTAL PROCESSES AND
REPORTS WITH RESPECT TO THE EXISTING CASINO, RESORT PROJECT, AND DUGAN PROJECT
(COLLECTIVELY, THE "ONGOING PROJECTS") HAVE BEEN REVIEWED AND COMMENTED UPON BY
THE COUNTY AND OTHERS.
THOSE COMMENTS HAVE BEEN CONSIDERED BY THE TRIBE IN
ACCORDANCE WITH THE ENVIRONMENTAL ORDINANCE AND THE COMMENT PERIODS IN
CONNECTION WITH THOSE PROJECTS ARE NOW CLOSED.
THE PARTIES AGREE THAT ANY AND
ALL FURTHER ACTIONS, IF ANY, TO BE TAKEN BY THE TRIBE WITH RESPECT TO ANY
ENVIRONMENTAL PROCESSES APPLICABLE TO THE ONGOING PROJECTS ARE SET FORTH IN THIS
AGREEMENT.
5.3
FUTURE TRIBAL COMMERCIAL DEVELOPMENT PROJECTS UNDERTAKEN BY THE
TRIBE ON TRUST LANDS SHALL BE SUBJECT, TO THE OFF-RESERVATION ENVIRONMENTAL
IMPACT PROCESSES SET FORTH IN THIS SECTION 5.3, INCLUDING ALL SUBDIVISIONS
THEREOF AND THE BINDING ARBITRATION PROCESS SET FORTH IN SECTION 20.2.
5.3.1
FUTURE NON-COMMERCIAL TRIBAL PROJECTS ARE NOT SUBJECT TO THIS
AGREEMENT.
IF THE TRIBE, IN ITS SOLE DISCRETION, ELECTS TO ADOPT OR FOLLOW SOME
OR ALL OF THE ENVIRONMENTAL PROCESSES SET FORTH IN THIS AGREEMENT FOR A
NON-COMMERCIAL TRIBAL PROJECT(S), THE COUNTY SHALL COOPERATE IN GOOD FAITH IN
TIMELY REVIEWING AND COMMENTING ON SUBMISSIONS OF REPORTS AND STUDIES TO IT BY
THE TRIBE, AND MEETING AND CONFERRING WITH THE TRIBE ON MITIGATION MEASURES AT
THE TRIBE'S REQUEST.
THE TRIBE'S PARTICIPATION IN ENVIRONMENTAL PROCESSES WITH
THE COUNTY UNDER SUCH CIRCUMSTANCES SHALL NOT BE DEEMED TO BE A WAIVER OF THE
TRIBE'S SOVEREIGN JURISDICTION OR IMMUNITY UNLESS EXPRESSLY PROVIDED IN WRITING,
NOR SHALL PARTICIPATION IN ANY PROCESS IN THIS AGREEMENT BE DEEMED TO CONSTITUTE
SUCH A WAIVER EXCEPT AS EXPRESSLY SET FORTH AND LIMITED IN SECTION 23 BELOW.
5.3.2
AS TO TRIBAL COMMERCIAL DEVELOPMENT PROJECTS, THE TRIBE SHALL
CONSIDER AND DETERMINE WHETHER SUCH PROJECTS MAY POTENTIALLY CAUSE SIGNIFICANT
ADVERSE IMPACTS, INCLUDING IN THOSE AREAS IDENTIFIED IN SECTION 5.3.10 C AND, IF
SO, SHALL ISSUE EITHER A TRIBAL NEGATIVE DECLARATION OR A TRIBAL ENVIRONMENTAL
IMPACT REPORT ("TEIR").
5.3.3
THE NEGATIVE DECLARATION, TEIR AND INTERGOVERNMENTAL MITIGATION
AGREEMENT PROCESSES SET FORTH BELOW SHALL NOT BE APPLICABLE TO ANY OF THE
ONGOING PROJECTS.
THE NEGOTIATIONS LEADING TO THIS AGREEMENT AND THE PROVISIONS
HEREOF SHALL BE DEEMED TO SATISFY ANY REQUIREMENT FOR ENVIRONMENTAL REVIEW,
STUDIES, REPORTING, NOTICE, CONSULTATION, MITIGATION (IF REQUIRED) AND OTHER
ENVIRONMENTAL ACTIONS THAT MAY BE REQUIRED BY LAW OR AGREEMENT WITH RESPECT TO
THE ONGOING PROJECTS.
5.3.4
THE TRIBE AGREES TO INCORPORATE THE ENVIRONMENTAL REVIEW
PROVISIONS APPLICABLE TO THIS AGREEMENT INTO ITS ENVIRONMENTAL ORDINANCE WITH
RESPECT TO TRIBAL COMMERCIAL DEVELOPMENT PROJECTS THAT RELATE TO GAMING.
THE
ENVIRONMENTAL REVIEW PROVISIONS OF THIS AGREEMENT APPLICABLE TO NON-GAMING