AGREEMENT, CURRENTLY AND IN THE FUTURE, ARE NOT
ACTIVITIES THAT, WITHIN THE MEANING OF CEQA; (A) ARE DIRECTLY UNDERTAKEN BY THE
COUNTY OR SURROUNDING COMMUNITIES, (B) ARE SUPPORTED, IN WHOLE OR IN PART,
THROUGH CONTRACTS, GRANTS, SUBSIDIES LOANS OR OTHER FORMS OF ASSISTANCE BY THE
COUNTY, OR (C)
INVOLVE THE ISSUANCE OF A LEASE, PERMIT, LICENSE, CERTIFICATE OR
OTHER ENTITLEMENT FOR USE BY THE COUNTY.
24.2
BY APPROVING, EXECUTING AND PERFORMING THIS AGREEMENT THE COUNTY
HAS NOT, AND IS NOT, MAKING ANY COMMITMENT TO (A) ISSUE A LEASE, PERMIT,
LICENSE, CERTIFICATE OR OTHER ENTITLEMENT FOR USE, OR (B) DEVELOP, CONSTRUCT OR
IMPROVE ANY FACILITIES OR CAUSE ANY OTHER PHYSICAL CHANGES IN THE ENVIRONMENT.
24.3
THIS AGREEMENT SHOULD BE CONSTRUED TO BE A GOVERNMENT PAYMENT AND
FUNDING MECHANISM THAT DOES NOT COMMIT THE COUNTY TO MAKE ANY SPECIFIC PHYSICAL
CHANGES IN THE ENVIRONMENT.
24.4
IF THE COUNTY DETERMINES THAT IT IS REQUIRED TO COMPLY WITH CEQA
WITH RESPECT TO ANY ACTIVITIES RELATED TO THIS AGREEMENT, THE COUNTY SHALL
COMPLY WITH CEQA AT SUCH TIME.
XXV.
REVIEW BY THE DEPARTMENT OF INTERIOR AND OTHER ACTIONS
FOLLOWING EXECUTION
25.1
THE TRIBE SHALL SUBMIT THIS AGREEMENT TO THE UNITED STATES
DEPARTMENT OF THE INTERIOR FOR EITHER (A) APPROVAL PURSUANT TO 25 U.S.C. § 81,
OR (B) A WRITTEN RESPONSE THAT THIS
46
AGREEMENT DOES NOT REQUIRE APPROVAL UNDER 25 U.S.C. § 81.
A RESPONSE FROM THE
DEPARTMENT OF THE INTERIOR SHALL NOT BE A CONDITION TO THE COUNTY'S OBLIGATIONS
UNDER SECTION 25.3 BELOW.
25.2
THE COUNTY, AT ITS SOLE DISCRETION, HAS THE RIGHT TO WITHDRAW ITS
SUPPORT FOR THE AGREEMENT IF IT IS NOT SUBMITTED TO THE DEPARTMENT OF THE
INTERIOR PURSUANT TO THIS SECTION WITHIN TEN (10) DAYS FOLLOWING THE EFFECTIVE
DATE.
25.3
UPON THE TRIBE'S SUBMISSION BOTH OF THIS AGREEMENT TO THE DOI AND
OF THE WILLIAMSON ACT CONTRACT RESCISSION AND NON-RENEWAL REQUESTS TO THE
COUNTY, AND REGARDLESS OF THE OUTCOME AS TO EITHER, AND FOLLOWING ACCEPTANCE OF
THE EMERGENCY ACCESS ROAD PLANS, WHICH ACCEPTANCE SHALL NOT BE UNREASONABLY
WITHHELD, THE COUNTY SHALL WITHDRAW ITS OPPOSITION TO THE DUGAN PROPERTY FEE TO
TRUST APPLICATION, CONSIDER THE TRIBE'S REQUEST TO RESCIND THE WILLIAMSON ACT
CONTRACT ON THE TERMS PROVIDED FOR IN THIS AGREEMENT, WITHDRAW ITS AND ITS
OFFICIALS' PROTESTS TO THE TRIBE'S APPLICATION FOR AN ABC LICENSE, SUPPORT AN
EXPEDITED CONCLUSION OF THE ABC HEARING CONSISTENT WITH THIS AGREEMENT, AND JOIN
THE TRIBE IN ACTIVELY ADVOCATING THAT THE ABC ISSUE A TEMPORARY LICENSE.
25.4
IF THE DEPARTMENT OF INTERIOR DETERMINES THAT PORTIONS OF THIS
AGREEMENT VIOLATE 25 U.S.C. § 81 OR ARE OTHERWISE INVALID, THE SEVERABILITY
PROVISIONS SET FORTH BELOW AT SECTION 26.5 OF THIS AGREEMENT SHALL GOVERN.
XXVI.
MISCELLANEOUS PROVISIONS
26.1
AUTHORITY OVER TRIBAL ACTIVITIES.
NOTHING IN THIS AGREEMENT IS
INTENDED TO CONFER OR EXPAND THE JURISDICTION OF ANY LOCAL, STATE OR FEDERAL
AGENCY OR OTHER GOVERNMENTAL BODY, NOR IS THIS AGREEMENT INTENDED TO INFRINGE OR
OTHERWISE USURP THE AUTHORITY OF ANY REGULATORY BODY INCLUDING LOCAL, STATE,
FEDERAL OR TRIBAL AGENCIES