AS DESCRIBED IN SECTION 4.1 BELOW, INCLUDING THE PARKING LOTS, PARKING
STRUCTURES, BUILDINGS, ROADS, UTILITIES AND OTHER INFRASTRUCTURE.
3.20
"FINANCING" MEANS THE RECEIPT BY THE TRIBE OR BY ANOTHER ENTITY OR
FINANCIAL INSTITUTION ON ITS BEHALF, OF THE FIRST DRAW OF FUNDS DERIVED FROM THE
MAJOR FINANCING COMMITMENTS THAT ARE PART OF THE EFFORT TO UNDERTAKE DEVELOPMENT
OF THE RESORT PROJECT.
3.21
"GAMING" OR "GAMING ACTIVITIES" MEANS CLASS II AND CLASS III
GAMBLING ACTIVITIES AS DEFINED UNDER IGRA AND AS, WITH RESPECT TO CLASS III
GAMING, IS ALLOWED UNDER THE COMPACT.
3.22
"GAMING AUTHORITY" MEANS THE DRY CREEK TRIBAL GAMING COMMISSION,
THE TRIBAL GOVERNMENTAL AGENCY CREATED UNDER TRIBAL LAW PURSUANT TO IGRA TO
REGULATE GAMING ON TRIBAL TRUST LAND.
3.23
"GAMING FACILITY" MEANS A BUILDING IN WHICH GAMING IS TAKING PLACE
AND AS IS OTHERWISE DEFINED IN THE COMPACT.
3.24
"GAMING OPERATIONS" MEANS THE CONDUCT OF GAMING AND THE OPERATION
OF THE GAMING FACILITY, INCLUDING THE ADMINISTRATION AND OTHER NECESSARY
SERVICES.
3.25
"IGRA" MEANS THE INDIAN GAMING REGULATORY ACT OF 1988 AND ANY
AMENDMENTS OR REGULATIONS ISSUED PURSUANT TO THE ACT.
3.26
"INFRASTRUCTURE" MEANS THE UTILITIES, UTILITY FACILITIES, AND
WASTEWATER TREATMENT PLANT, ALL CURRENTLY EXISTING ON THE RANCHERIA AND DUGAN
PROPERTY; THE WASTEWATER STORAGE
5
FACILITIES, ABOVE-GROUND DETENTION FACILITIES, NATURAL GAS LINES, ELECTRICAL
SUB-STATION, AND ROADS (INCLUDING THE ACORN ROAD) CONSTRUCTED OR TO BE
CONSTRUCTED ON THE RANCHERIA OR THE DUGAN PROPERTY AND MADE AVAILABLE TO THE
EXISTING CASINO, THE RESORT PROJECT OR THE DUGAN PROJECTS, AS DISCUSSED IN THE
ENVIRONMENTAL ASSESSMENT OR ENVIRONMENTAL STUDY; EXHIBIT B (RELATING TO THE
DUGAN PROJECTS); THE EMERGENCY ACCESS ROAD; THE INTERSECTION IMPROVEMENTS; AND
THE EXISTING WELLS.
3.27
"IN LIEU FEE" MEANS THE FEE DETERMINED IN ACCORDANCE WITH
SECTION 16.9.
3.28
"INTERESTED PERSONS" MEANS (I) THE COUNTY; (II) ANY CITY THAT HAS
BOUNDARIES WHICH ARE CONTIGUOUS TO THE BOUNDARIES OF THE TRUST LAND ON WHICH A
PROPOSED TRIBAL COMMERCIAL DEVELOPMENT PROJECT IS TO BE CONSTRUCTED; (III) ANY
STATE AND/OR FEDERAL AGENCY WHICH, IF A PROJECT WERE NOT TAKING PLACE ON INDIAN
LANDS, WOULD HAVE RESPONSIBILITY FOR APPROVING A TRIBAL COMMERCIAL DEVELOPMENT
PROJECT OR WOULD LAWFULLY EXERCISE AUTHORITY OVER THE NATURAL RESOURCES THAT MAY
BE IMPACTED BY A TRIBAL COMMERCIAL DEVELOPMENT PROJECT; AND (IV) ANY PERSON,
GROUP, POLITICAL SUBDIVISION, OR AGENCY THAT SUBMITS A TIMELY REQUEST TO THE
TRIBE IN WRITING TO RECEIVE A NOTICE OF PREPARATION OR COMPLETION OF A DRAFT
TEIR, OR HAS TIMELY COMMENTED ON A TRIBAL COMMERCIAL DEVELOPMENT PROJECT IN A
WRITING RECEIVED BY THE TRIBE IN ACCORDANCE WITH THE APPLICABLE PROCESS FOR
CONSIDERING SUCH COMMENTS.
NOTHING IN THIS SECTION SHALL BE DEEMED TO CONFER
ANY RIGHTS ON AN INTERESTED PERSON.
3.29
"INTERGOVERNMENTAL MITIGATION AGREEMENT" MEANS AN AGREEMENT BETWEEN
THE PARTIES WITH RESPECT TO OFF-RESERVATION MITIGATION MEASURES IN CONNECTION
WITH A TRIBAL COMMERCIAL DEVELOPMENT PROJECT THAT IS SUBJECT TO THE
ENVIRONMENTAL REVIEW PROVISIONS OF THIS AGREEMENT.
TO THE EXTENT ANY PROVISION
HEREIN REQUIRES OR REFERS TO AN INTERGOVERNMENTAL MITIGATION AGREEMENT, THIS
AGREEMENT SHALL SATISFY ALL SUCH REQUIREMENTS WITH RESPECT TO