RECORD AND THE APPROPRIATE ENVIRONMENTAL DOCUMENT TO THE COUNTY WITHIN TEN
(10) DAYS OF ITS ADOPTION.
C.
THE PARTIES AGREE THAT ACTIVITIES OR PROJECTS, SUCH AS INTERIOR
REMODELING, REDECORATING, REFURBISHMENT, MAINTENANCE OR OTHER CHANGES TO A
FACILITY THAT DO NOT ALTER THE OVERALL FOOTPRINT OF THE FACILITY, AND THAT ADDS
LESS THAN 10% TO THE TOTAL SQUARE FOOTAGE OF AN INTERIOR GAMING AREA, AND DOES
NOT MATERIALLY CHANGE THE LOOK OF THE FACILITY AS SEEN FROM OFF-RESERVATION
LOCATIONS, AND ANY ACTIVITIES OR PROJECTS THAT WOULD BE EXEMPT UNDER ARTICLES 18
AND 19 OF THE CEQA GUIDELINES, WOULD NOT HAVE A SIGNIFICANT ADVERSE IMPACT.
D.
DURING THE COMMENT PERIOD FOR THE NEGATIVE DECLARATION, OR WITHIN
SUCH ADDITIONAL TIME PERIOD AS THE PARTIES MAY AGREE, THE COUNTY MAY, FOR
REASONABLE CAUSE, INITIATE THE INTERGOVERNMENTAL MITIGATION AGREEMENT PROVISIONS
SET FORTH IN SECTION 5.3.18, AND IF NO AGREEMENT CAN BE REACHED, INITIATE THE
DISPUTE RESOLUTION PROCESSES HEREIN, INCLUDING THE BINDING ARBITRATION
PROVISIONS.
"REASONABLE CAUSE" MEANS THAT THE COUNTY HAS SUBSTANTIAL EVIDENCE
THAT THE TRIBAL COMMERCIAL DEVELOPMENT PROJECT WOULD RESULT IN A SIGNIFICANT
ADVERSE IMPACT THAT WILL NOT BE MITIGATED TO AN IMPACT LEVEL, IF ANY, THAT IS
LESS THAN SIGNIFICANT.
5.3.9
TRIBAL ENVIRONMENTAL IMPACT REPORT (TEIR).
FOR TRIBAL
COMMERCIAL DEVELOPMENT PROJECTS THAT THE TRIBE HAS DETERMINED WILL HAVE A
SIGNIFICANT ADVERSE IMPACT, THE TRIBE SHALL CAUSE A TEIR TO BE PREPARED WHICH
ANALYZES POTENTIALLY SIGNIFICANT ADVERSE IMPACTS, AS PROVIDED BELOW.
THE TRIBE
SHALL CONSULT WITH THE COUNTY REGARDING THE SCOPE OF THE ENVIRONMENTAL REVIEW
AND CONSIDER ANY RECOMMENDATION FROM THE COUNTY CONCERNING THE PERSON OR ENTITY
TO PREPARE THE TEIR.
5.3.10
THE TRIBE SHALL UNDERTAKE GOOD FAITH EFFORTS TO IDENTIFY AND
DISCLOSE IN THE TEIR ANY SIGNIFICANT ADVERSE IMPACTS THAT WILL BE CAUSED BY THE
PROJECT.
THE TEIR ALSO SHALL IDENTIFY WAYS IN WHICH SIGNIFICANT ADVERSE IMPACTS
CAN BE AVOIDED OR MITIGATED TO LESS THAN SIGNIFICANT AND, WHERE SUCH A RESULT
CANNOT BE REASONABLY OBTAINED, ANALYZE HOW IMPACTS CAN BE REASONABLY MINIMIZED,
IF POSSIBLE, AND SHALL INCLUDE A STATEMENT SETTING FORTH ALL OF THE FOLLOWING:
A.
ALL SIGNIFICANT ADVERSE IMPACTS OF THE PROPOSED PROJECT;
B.
ANY SIGNIFICANT ADVERSE IMPACTS THAT CANNOT BE AVOIDED OR
MITIGATED TO LESS THAN SIGNIFICANT IF THE PROJECT IS IMPLEMENTED;
C.
MITIGATION MEASURES PROPOSED TO MINIMIZE OR AVOID SIGNIFICANT
ADVERSE IMPACTS, INCLUDING BUT NOT LIMITED TO THOSE HAVING AN EFFECT ON
AESTHETICS, AGRICULTURAL RESOURCES, AIR QUALITY, BIOLOGICAL RESOURCES, CULTURAL
RESOURCES, GEOLOGY AND SOILS, HAZARDS AND HAZARDOUS MATERIALS, HYDROLOGY AND
WATER QUALITY, LAND USE, MINERAL RESOURCES, NOISE, POPULATION AND HOUSING,
PUBLIC SERVICES, RECREATION, TRANSPORTATION/TRAFFIC, UTILITIES, AND SERVICE
SYSTEMS;
D.
ALTERNATIVES TO THE PROJECT, PROVIDED THAT THE TRIBE NEED NOT
ADDRESS ALTERNATIVES THAT WOULD CAUSE IT TO FOREGO ITS RIGHT TO ENGAGE IN GAMING
ACTIVITIES, OR PRECLUDE IT FROM IMPLEMENTING ACTIVITIES OR PROJECTS THAT HAVE
BEEN PROPOSED IN A TRUST APPLICATION APPROVED BY THE BIA;
12
E.
ANY CUMULATIVELY SIGNIFICANT IMPACTS; AND
F.
WHETHER THE PROPOSED MITIGATION WOULD BE EFFECTIVE TO REDUCE THE
POTENTIAL SIGNIFICANT ADVERSE IMPACTS TO A LEVEL OF