CONSISTENT WITH THIS AGREEMENT, SUBJECT TO AN APPROPRIATE
ENVIRONMENTAL REVIEW PROCESS; AND 3) THE TRIBE AND COUNTY HAVE ENTERED INTO AN
INTERGOVERNMENTAL MITIGATION AGREEMENT TO INSURE MITIGATION OF ANY ADVERSE
ENVIRONMENTAL IMPACTS OF THE PROPOSAL.
NOTHING IN THIS AGREEMENT, HOWEVER,
SHALL BE CONSTRUED TO SUBJECT OR OTHERWISE BIND THE TRIBE TO THE COUNTY GENERAL
PLAN FOR DEVELOPMENT ON TRUST LAND OR REQUIRE THAT THE COUNTY SUPPORT ANY
SPECIFIC TRUST APPLICATION OR PROJECT.
14.2
THE COUNTY RECOGNIZES THAT THE TRIBE IS NOT BOUND BY THE GENERAL
PLAN ON TRUST LANDS.
THE PARTIES AGREE TO WORK TOGETHER ON A
GOVERNMENT-TO-GOVERNMENT BASIS TO MAXIMIZE CONSISTENCY WITH THE GENERAL PLAN FOR
TRIBAL COMMERCIAL DEVELOPMENT PROJECTS, TO THE EXTENT POSSIBLE CONSISTENT WITH
TRIBAL GOALS, AND TO MINIMIZE OFF-RESERVATION ADVERSE ENVIRONMENTAL IMPACTS.
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XV.
MITIGATION MONITORING AND REPORTING
15.1
CONSISTENT WITH COMPACT SECTION 10.8.2 AND THIS AGREEMENT, THE
TRIBE SHALL PERIODICALLY APPRISE THE COUNTY BOARD OF SUPERVISORS OF THE PROGRESS
AND STATUS OF ALL ONGOING PROJECTS AND TRIBAL COMMERCIAL DEVELOPMENT PROJECTS.
15.2
DURING THE CONSTRUCTION OF ANY ONGOING PROJECT AND/OR TRIBAL
COMMERCIAL DEVELOPMENT PROJECT, AND CONTINUING UNTIL ALL AGREED TO MITIGATION
MEASURES ARE IMPLEMENTED, THE TRIBE SHALL PREPARE AND PROVIDE THE COUNTY A
MITIGATION MONITORING REPORT ON AT LEAST A QUARTERLY BASIS THAT SUMMARIZES THE
IMPLEMENTATION OF ALL AGREED TO MITIGATION MEASURES AND THEIR EFFECTIVENESS IN
REDUCING THE RELATED IMPACT.
DURING PERIODS OF CONSTRUCTION SUCH REPORTS SHALL
BE PROVIDED ON A MONTHLY BASIS.
THIS MITIGATION REPORT SHALL BE PREPARED IN A
FORM SUBSTANTIALLY SIMILAR TO THAT CONTAINED IN EXHIBIT A.
15.3
THE MITIGATION REPORTS SHALL BE PREPARED BY AN INDEPENDENT
QUALIFIED CONSULTING FIRM, HIRED AND COMPENSATED BY THE TRIBE AND PROVIDED TO
THE COUNTY.
THE COUNTY MAY REVIEW THE QUALIFICATIONS OF ANY CONSULTING FIRM THE
TRIBE INTENDS TO HIRE AND OBJECT TO SUCH FIRM'S ENGAGEMENT BASED UPON LACK OF
QUALIFICATIONS OR BIAS.
THE COUNTY MAY SEEK RESOLUTION OF ANY DISPUTE WITH
RESPECT TO THE ENGAGEMENT OF A CONSULTANT, OR THE MITIGATION MONITORING,
PURSUANT TO THE DISPUTE RESOLUTION PROCESS IN THIS AGREEMENT.
THE
CONSULTANT(S) ENGAGED BY THE TRIBE SHALL HAVE A CONTRACTUAL INDEPENDENT DUTY TO
PROVIDE CURRENT AND ACCURATE UNBIASED TIMELY REPORTS TO THE COUNTY.
THE
CONTRACT SHALL FURTHER SPECIFY THAT THE MONITORING REPORTS TO BE PRODUCED WILL
BE RELIED UPON BY THE PARTIES WHO ARE DEPENDING UPON THE OBJECTIVE NATURE OF THE
MITIGATION REPORTS, PROVIDED THAT, IF THE CONSULTANTS ARE UNWILLING TO SO
SPECIFY, THEY (OR AN ALTERNATIVE CONSULTANT IF THE COUNTY AND TRIBE CANNOT AGREE
TO JOINTLY ENGAGE THEM) SHALL BECOME ENGAGED BY THE TRIBE AND THE COUNTY
JOINTLY, OR ALTERNATE CONSULTANTS SHALL BE SO ENGAGED.
THE CONSULTANTS ENGAGED
IN THE MONITORING SHALL HAVE THE NECESSARY ENGINEERING DEGREES AND/OR OTHER
EXPERTISE NECESSARY TO MONITOR THE MITIGATION MEASURES CONTAINED IN THIS
AGREEMENT.
XVI.
REVENUE AND MITIGATION COSTS
16.1
IN ADDITION TO THE PROMISES AND COVENANTS OTHERWISE CONTAINED IN
THIS AGREEMENT, THE PARTIES ACKNOWLEDGE THAT TRIBAL COMMERCIAL DEVELOPMENT
PROJECTS AND THE ONGOING PROJECTS MAY CREATE A CERTAIN INCREASED DEMAND FOR
PUBLIC SERVICES AND MAY, IN SOME