[History: Tribal Act #20-38.3291, enacted by Tribal Council in Special Session on October 28, 2020.]
The Authority shall not approve a business site lease until the proposed business site lease has completed the environmental review process pursuant to this chapter and applicable Tribal regulations, unless the Authority waives the environmental review process, which it may do in its discretion or in accordance with § 932(a) hereof. Business site leases approved and executed without compliance with this chapter shall be null and void, provided that in no event shall a lease which is exempted from the environmental review process as provided above be deemed null and void for failure to comply with this chapter.
[History: Tribal Act #20-38.3291, enacted by Tribal Council in Special Session on October 28, 2020.]
(a) 
Lessee Not Subject to Environmental Review Process. If the environmental reviewer determines that the leasing decision by its nature would not have a significant effect on the environment, the leasing decision is exempt from additional requirements of the environmental review process, subject to the environmental record requirements of applicable Tribal environmental regulations.
(b) 
Lessee Subject to Environmental Review Process. If the environmental reviewer determines that the leasing decision may be expected to have a significant effect on the environment, because it may: i) impact; ii) alter; iii) disturb; or iv) otherwise cause physical disturbances to the biological or natural resources of the Tribe, the lessee must fulfill the requirements of the environmental review process. The physical disturbances must be direct, such as land clearing, new building construction, or discharge of emission or effluent associated with the project.
(c) 
Statutory Exemption for Certain Leases. Leasing decisions involving a business site lease proposing the use of premises that are the subject of a completed federal environmental review under federal law shall be exempt from the environmental review process, and the Tribe shall not be required to prepare a TEIR under § 934 of this chapter.
[History: Tribal Act #20-38.3291, enacted by Tribal Council in Special Session on October 28, 2020.]
If the environmental reviewer determines that the leasing decision is subject to the environmental review process, the Authority may not consider the leasing decision until the environmental reviewer closes the environmental review process in accordance with this ordinance and applicable Tribal environmental regulations.
[History: Tribal Act #20-38.3291, enacted by Tribal Council in Special Session on October 28, 2020.]
(a) 
Unless an exemption applies or a business site lease is otherwise not subject to the environmental review process, then, before the execution of any business site lease, the Authority shall cause to be prepared a comprehensive and adequate tribal environmental impact report ("TEIR"), analyzing the potentially significant effects of the project on the environment; provided, however, that information or data which is relevant to such a TEIR and is a matter of public record or is generally available to the public need not be repeated in its entirety in the TEIR, but may be specifically cited as the source for conclusions stated therein; and provided further that such information or data shall be briefly described, that its relationship to the TEIR shall be indicated, and that the source thereof shall be reasonably available for inspection at a public place or public building. The Authority shall endeavor to have the TEIR completed within six (6) months from the date of the environmental reviewer's determination that the leasing decision is subject to the Environmental Review process, although the time may be extended as needed to ensure that the TEIR is sufficiently thorough and complete. The TEIR shall provide detailed information about the significant effect(s) on the environment which the project is likely to have, and shall include a detailed statement setting forth all of the following:
(1) 
A description of the physical environmental conditions in the vicinity of the project (the environmental setting and existing baseline conditions), as they exist at the time the notice of preparation is issued;
(2) 
All significant effects on the environment of the proposed project;
(3) 
In a separate section:
(A) 
Any significant effect on the environment that cannot be avoided if the lease is executed; and
(B) 
Any significant effect on the environment that would be irreversible if the lease is executed.
(C) 
Any mitigation measures proposed, recommended, or required.
(b) 
In addition to the information required pursuant to Subsection (a), the TEIR shall also contain a statement indicating the reasons for determining that various effects of the project on the off-reservation environment are not significant and consequently have not been discussed in detail in the TEIR. In the TEIR, the direct and indirect significant effects on the environment shall be clearly identified and described, giving due consideration to both the short-term and long-term effects.
[History: Tribal Act #20-38.3291, enacted by Tribal Council in Special Session on October 28, 2020.]
(a) 
Within no less than thirty (30) days following the completion of the draft TEIR, the Authority shall file a copy of the draft TEIR and a notice of completion with the Tribe. The Authority shall also post the notice of completion and a copy of the draft TEIR on the Tribe's website. The notice of completion shall include all of the following information:
(1) 
A brief description of the project;
(2) 
The proposed location of the project;
(3) 
An address where copies of the draft TEIR are available; and
(4) 
Notice of a period of thirty (30) days during which the Tribe will receive comments on the draft TEIR.
(b) 
To satisfy the requirement for providing the public with adequate notice and opportunity to comment, the Authority will provide public notice by at least one (1) of the procedures specified below:
(1) 
Publication of the Authority's draft TEIR in a newspaper of general circulation in the area affected by the proposed project, with notice to the public of the opportunity to comment on any significant effect on the environment of the leasing decision.
(2) 
Posting of the Authority's draft TEIR in the offices of the Tribe and the Authority with notice to the public of the opportunity to comment on any significant effect on the environment of the leasing decision.
(3) 
Posting of the Authority's draft TEIR on the Tribe's website, with notice to the public of the opportunity to comment on any significant effect on the environment of the leasing decision.
[History: Tribal Act #20-38.3291, enacted by Tribal Council in Special Session on October 28, 2020.]
After the thirty-day comment period has ended, the Authority will review all comments received from the public. Prior to the approval and execution of the business site lease, the Authority will provide responses to relevant and substantive public comments on any significant effect on the environment arising as a result of the proposed project and proposed or recommended mitigation measures addressing any such impacts.