TRIBAL GAMING MANAGEMENT CONTRACTS
AND NEPA COMPLIANCE

EXHIBIT 2
NIGC RECOMMENDED ENVIRONMENTAL ASSESSMENT FORMAT

1.0 Introduction: The Introduction should include a brief discussion of the proposed action and the reason this document is being prepared. It should be clearly stated that this EA is being prepared as part of the NIGC’s compliance with NEPA.

1.1 Site Overview/History: This section should provide historical information relating to the Tribe and local area, and provide an overview of the site where the project will be located, including state, county and/or city. A legal description of the proposed site should also be included.

1.2 Project Purpose and Need: The purpose of the project should be clearly defined along with the need for the project. May want to include some information relating to project need and purpose such as tribal and local socioeconomic conditions.

1.3 Proposed Project: This section should include a detailed discussion of the preferred project including information relating to project design; site and facility layouts, facility operations; and why this preferred project was chosen. Information relating to estimated visitation; the number of employees; revenue generation; transportation and parking should be included.

1.4 Alternatives: This section should include a discussion of alternatives to the proposed project and can include alternative sites or alternative forms of economic development. An explanation as to why those alternatives were not chosen should be included to support the decision to chose the proposed project.

1.5 Public Participation: This section should highlight both the participation of the tribal and non-tribal local community, including the results of any public meetings.

2.0 Existing Conditions: This section focuses on existing conditions in the affected environment. Any documents, studies, or reports relied upon in this section to describe the existing conditions should be cited as references and/or included as appendixes.

2.1 Geology, Soils and Topography: This section should address the geological, soil, and topographical conditions. Special analysis should be conducted on those areas which will be directly and substantively impacted by the proposed action.

2.2 Land Use and Aesthetics: This section should include a discussion of the local land use patterns and any Federal, state, tribal, or local zoning and land use restrictions. If the area has any aesthetically significant factors which may be impacted by the proposed action, those factors should be discussed. Zoning laws or regulations should be referenced and any maps should be included in the document.

2.3 Groundwater and Surface Water: This section should address ground and surface water issues from the emphasis of the impact the proposed action will have on ground water from a use and/or contamination aspect and on surface water drainage patterns or dredging or filling. Want to be sure to include any information on groundwater depth and surface water control systems already in place. May want to include information regarding rain fall levels in the local area.

2.4 Vegetation, Wetlands and Wildlife: This section becomes even more important if the proposed action has an indirect or direct impact on wetlands or endangered, threatened, or protected animal or plant species. Wetlands and endangered, threatened, or protected species must be identified and discussed. References to communications from the U.S. Corps of Engineers (U.S. COE), U.S. Fish and Wildlife Service (U.S. FWS), and other Federal, state, local and tribal agencies should be referenced and included as appendixes.

2.5 Waste Management Issues: This section should discuss hazardous and solid waste management services, including transportation, storage, and disposal. Other issues may include whether information on any CERCLA or RCRA sites in the local area. Reference any information of hazardous waste sites.

2.6 Historical and Archaeological Resources: This section should provide information on historical and/or archeological resources located in the local area that may be impacted by the proposed action. Reports, studies, and communications with Federal, state, local, and tribal agencies or individuals should be referenced with any important communications included as appendixes.

2.7 Traffic and Transportation: This section should provide information regarding current traffic loads on local roads; traffic noise levels; and potential congestion areas such as traffic signals, turn lanes, or ingress and access lanes in the local area. Parking and public transportation should be discussed if it is anticipated that these forms of transportation will be important factors transporting customers to a facility. Include information on annual snow and icing conditions in the local area if those conditions pose a substantive and continued problem during the winter months in the project area. Reference all materials regarding traffic and weather and include any letters from Department of Transportation as appendixes. (May want to complete a separate traffic report.)

2.8 Air Quality: This section should discuss current air quality figures for the local area. Any information regarding air quality in the local area should be referenced and communications regarding air quality included as appendixes.

2.9 Socioeconomic Conditions: This section should discuss both Tribal and local area socioeconomic conditions. Tribal socioeconomic conditions can include tribal per capita income, employment, social services, housing, land ownership, and tribal government. Local factors include income, employment, business, conditions, economic trends, crime, social services and tax revenues. Reference all material used for this section.

2.10 Utilities: Current information regarding utility services and current use (if that information can be determined) should be included in this section. These services should include water, electricity, wastewater/ sewage, and gas if applicable. General information relating to these services should be referenced and communication included as appendixes.

2.11 Police, Fire, and Emergency Services: This section should discuss fire, emergency, and law enforcement services in the local area. Fire hydrant and/or water supply for fire protection purposes information should be included. Communications relating to these services should be included as appendixes.

3.0 Impacts: The base purpose of an EA is the analysis of impacts. Direct, indirect, and in some cases the cumulative impacts the proposed project will have on the existing conditions must be addressed in this section. The baseline for determining if a potential impact should be discussed is the “reasonable” standard. This section must include concise information and data developed or relied upon to reach conclusions as to potential impacts and that information must be referenced and/or included as appendixes. It should be noted that mitigation efforts can be discussed in each section for consistency purpose, the highlighted in the mitigation section.

3.1 Geology, Soils and Topography: This section should address how the proposed action will impact these areas, with a special emphasis on changes in topography which could impact drainage patterns and erosion management.

3.2 Land use and Aesthetics: The focus of this section should be on changes in area and/or regional land use patterns and any changes from regulated zoning. Changes in aesthetics should be discussed.

3.3 Groundwater and Surface Water: This discussion on groundwater should focus on use and contamination. If the proposed action proposed to use groundwater sources to supply water for facility operations, then exact estimations of groundwater use and its impacts on local groundwater sources should be clearly addressed. The same is true for potential contamination of groundwater, and the potential source of groundwater contamination (sewage treatment plant or surface water discharge) should be discussed. Issues involving surface water should address any changes in drainage patterns, storm water management, and modifications to rivers, creeks, or streams.

3.4 Vegetation, Wetlands, and Wildlife: The key analysis here is the impact the proposed project can have on endangered, threatened, or protected species or wetlands. If so, the detailed analysis of the species, the impact, and mitigation should be discussed. For endangered or threatened species, this may require a consultation from the U.S. FWS, which should be referenced and included as an appendix. For issues involving impacts to wetlands, consultation with the U.S. COE, U.S. EPA, state, or tribal agency should be referenced and included as appendixes. If none of these critical issues are involved, the section at a minimum should discuss the overall impact of the proposed action will have on plant and animal life in the project area.

3.5 Waste Management: This section should include exact figures relating to estimated solid and/or hazardous waste production at a proposed site and a discussion relating to disposal. Any CERCLA or RCRA sites in the project area should be identified with any potential impacts discussed.

3.6 Historical and Archaeological Resources: All historical and archeological resources in the project area should be identified. If the proposed action has an impact on those resources, these impacts and mitigation efforts must be discussed with supporting information either referenced or included as appendixes.

3.7 Traffic and Transportation: This section must include a detailed discussion of the impact the transportation of customers to the facility will have on the local regional transportation network to include roads, bridges, traffic signals, turn lanes, public transportation and private transportation systems. Mitigation measures relating to alleviating dangerous situation and providing adequate parking should also be discussed along with the impact of hazardous weather. This section should have exact estimates relating to customer visits and vehicle trips.

3.8 Air Quality: This section should focus on the estimated amount of air pollution that can be attributed to traffic and facility operations and analyze that data in relation to its impact on local and regional air quality.

3.9 Socioeconomics: The key socioeconomic impacts from a proposed action involving gaming will probably be the financial impact the proposed action will have on tribal and local economics. This section should include a good faith discussion of the impact this revenue will have on the tribal economy and the programs, investments, or services the Tribe will provide as a result of the increased revenue. A discussion of the impact on tribal members should also be included, along with the overall impact the proposed action can have on the local and regional economies. Factors such as employment, tax revenues, housing, and per capita income should be addressed. A discussion should be made relating to negative socioeconomic impacts such as increased crime and gambling disorder should be discussed.

3.10 Utilities: This section should include information regarding the estimated consumption of electricity, water, and gas (if applicable), along with sewage production and the impacts these areas will have on local supply or services. Also included in this section should be discussions relating to the construction of utility lines and pipes, the need to establish rights-of-ways, and construction, design, and permit information relating to the development and operation of a sewage treatment facility as part of a proposed project. Information relating to sources, design, operations and permits should be referenced and included as appendixes.

3.11 Police, Fire, and Emergency Services: This section should discuss the impact the facility will have on police, fire, and emergency services and discuss on-site security, fire, and emergency services. Information relating to fire safety design and security operations should be attached as appendixes.

3.12 Cumulative Impact Analysis: This section should include a good faith discussion of the reasonably foreseeable cumulative impacts that may result from the development of the proposed action. The discussion in this section should include cumulative impacts resulting from gaming in the local and regional area; foreseeable additional development, both on and off-reservation, that will result from the implementation of the proposed action (such as hotels, service stations, restaurants, and other business and recreational ventures; and negative impacts to the local area).

4.0 Mitigation: If mitigation measures are discussed in the Impacts section, then those measures should be summarized in this section. If mitigation measures are not fully developed in the impacts section, then they should be discussed in detail in this section. Special attention should be paid to mitigation measures designed to mitigate the impact of potentially significant aspects of the proposed action.

5.0 References

6.0 Appendixes

It should be noted that this is a recommended format and that particular projects may involve other factors not addressed in this format. Regardless of what format is adopted, the Environmental Assessment must include a reasonable discussion of the potential impacts the proposed action will have on the human environment so that a determination can be made as to whether to issue a Finding of No Significant Impact or require the preparation of an Environmental Impact Statement.