[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Notices]
[Pages 9007-9008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4263]


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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission


Notice of Availability of a Final Environmental Impact Statement 
and a Final Conformity Determination for the Proposed Federated Indians 
of the Graton Rancheria Casino and Hotel Project, Sonoma County, CA

AGENCY: National Indian Gaming Commission (NIGC), Interior.

ACTION: Notice of Availability (NOA).

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SUMMARY: In accordance with Section 102(2)(C) of the National 
Environmental Policy Act (NEPA) 42 U.S.C. 4321 et seq., the NIGC, in 
cooperation with the Federated Indians of the Graton Rancheria (the 
``Graton Rancheria''), has prepared a Final Environmental Impact 
Statement (FEIS) for a proposed casino and hotel project/action to be 
located in Sonoma County, California. The purpose of the proposed 
project/action is to help address the socio-economic needs of the 
Graton Rancheria. The FEIS includes an analysis of potential 
environmental impacts on those resources as a result of implementing 
each of the alternatives. A Response to Comments document is included 
within the FEIS which provides agency responses to substantive 
environmental comments raised during the DEIS comment period. The 
alternatives considered in detail within the FEIS are: (A) A casino/
hotel project on the ``Wilfred Site'' (the proposed project/action), 
(B, C) a casino/hotel project on the ``Stony Point Site,'' (D) a 
reduced intensity casino/hotel project on the ``Stony Point'' site, (E) 
an alternate use project on the ``Stony Point'' site, (F) a casino/
hotel project on the ``Lakeville Site,'' (G) a no proposed project/
action alternative, and (H) a reduced intensity casino/hotel on the 
``Wilfred Site.'' This notice advises the public that the NIGC has 
filed the FEIS with the U.S. Environmental Protection Agency (EPA).
    In accordance with Section 176 of the Clean Air Act 42 U.S.C. 7506, 
and the EPA general conformity regulations 40 CFR part 93, subpart B, a 
Final Conformity Determination (FCD) has been prepared for the proposed 
project. The FCD is contained within Appendix W of the FEIS.

DATES: Pursuant to the Council on Environmental Quality (CEQ) NEPA 
Regulations (40 CFR 1506.10), the publication of this NOA in the 
Federal Register initiates a 30-day waiting period for the Federal 
decision. Thus, a Record of Decision (ROD) on the proposed project/
action will be issued no sooner than 30 days after the release of the 
FEIS.

FOR FURTHER INFORMATION CONTACT: For further information or to request 
a copy of the FEIS, please contact: Brad Mehaffy, NEPA Compliance 
Officer, National Indian Gaming Commission, 1441 L Street, NW., Suite 
9100, Washington DC 20005, Phone: (202) 632-7003, Ext. 256, Fax: (202) 
632-7066, E-mail: [email protected].
    The FEIS is available for public review at the Rohnert Park--Cotati 
Regional Library and Santa Rosa Central Library, general information, 
including directions and office hours is available online at: http://www.sonoma.lib.ca.us/branches/ or by calling (707) 584-9121 for the 
Rohnert Park--Cotati Regional Library or (707) 545-0831 for the Santa 
Rosa Central Library. The FEIS can also be viewed at http://www.gratoneis.com.

SUPPLEMENTARY INFORMATION: The proposed federal action is the NIGC's 
approval of a gaming management contract between the Graton Rancheria 
and SC Sonoma Management LLC. The approval of the gaming management 
contract would result in the development of a resort hotel, casino, and 
supporting facilities. The facility will be managed by SC Sonoma 
Management LLC on behalf of the Graton Rancheria, pursuant to the terms 
of a gaming management contract.
    The NIGC has afforded other government agencies and the public 
extensive opportunity to participate in the preparation of this FEIS. 
The NIGC published a Notice of Intent (NOI) in the Federal Register on 
February 12, 2004, briefly describing the proposed project/action and 
announcing the NIGC's intent to prepare an EIS. The CEQ Regulations for 
implementing NEPA require a process, referred to as ``scoping,'' for 
determining the range of environmental issues to be addressed during 
the environmental review of a proposed project/action (40 CFR 1501.7). 
The scoping process included an initial determination of environmental 
issues to be studied and documented in the EIS by soliciting comments 
from agencies, organizations and individuals. During the scoping 
process, the NIGC solicited comments from the general public (providing 
a 50-day comment period and including a public hearing) and offered 
Cooperating Agency status to both Federal and non-Federal agencies, 
including the Bureau of Indian Affairs (BIA), the EPA, the U.S. Army 
Corps of Engineers (USACE), the California Department of Transportation 
(Caltrans), the U.S. Fish and Wildlife Service (USFWS), the California 
Department of Fish and Game (CDFG) and the County of Sonoma. An EIS 
Scoping Report was published in August 2004, which summarized public 
scoping comments and identified the

[[Page 9008]]

BIA, USACE, Caltrans, and Sonoma County as cooperating agencies. Due to 
a change in project alternatives, the NIGC released a supplemental NOI 
(Federal Register September 29, 2005) and Scoping Report (January 
2006).
    A NOA for the Draft Environmental Impact Statement (DEIS) was 
published in the Federal Register on March 9, 2007. The DEIS addressed 
the issues and concerns summarized within the scoping reports, to the 
extent required by NEPA. Seven alternatives were evaluated in detail in 
the DEIS, including development on one of three alternatives sites 
(Wilfred, Stony Point, and Lakeville) and a no action alternative. The 
proposed project/action (Alternative A) includes a casino/hotel resort 
on a site west of Rohnert Park (the Wilfred site). The casino/hotel 
resort would include restaurants, a hotel, an entertainment venue, 
gaming space, banquet/meeting space, and a pool and spa. In addition to 
the casino/hotel facility, the proposed development would also include 
on-site parking and an on-site tertiary wastewater treatment plant.
    Alternative B consists of the development of a casino/hotel resort 
nearly identical to that proposed under Alternative A, but located on 
the northwest corner of an adjacent site, slightly further west of 
Rohnert Park (the Stony Point site). Alternative C also consists of the 
development of a casino/hotel resort nearly identical to that proposed 
under Alternative A. However, the Alternative C casino/hotel resort 
would be located on the northeast corner of the Stony Point site. 
Alternative D consists of a smaller-scale version of Alternative B. 
Alternative E consists of a business park development located on the 
northwest corner of the Stony Point site. Alternative F consists of the 
development of a casino/hotel resort nearly identical to that proposed 
under Alternative A but located on a different site in southern Sonoma 
County near the intersection of State Route 37 and the Lakeville 
Highway (the Lakeville site). Alternative G is the no project/action 
alternative, under which the NIGC would not approve the management 
contract.
    The DEIS was available for public comment from March 9, 2007 to 
June 5, 2007. The DEIS was available for an 88-day review and comment 
period, 43 days longer than what is required by NEPA, and 28 days 
longer than what is recommended in the NIGC NEPA Procedures Manual. Two 
public hearings were held on the Draft EIS, April 4, 2007 at the 
Spreckles Performing Arts Center, Rohnert Park, CA and April 5, 2007 at 
the Wells Fargo Performing Arts Center, Santa Rosa, CA.
    Eight alternatives are evaluated in detail in the FEIS, including 
development on one of three alternatives sites (Wilfred, Stony Point, 
and Lakeville) and a no action alternative. Based on comments received 
by cooperating agencies and at the request of the Tribe, a full, 
detailed analysis of an eighth alternative (Alternative H) has been 
added to the FEIS analysis. Alternative H is a reduced intensity casino 
alternative with the same components as the reduced intensity 
Alternative D but located on the Wilfred Site.
    The Clean Air Act requires federal agencies to assure that their 
actions conform to applicable implementation plans for achieving and 
maintaining the National Ambient Air Quality Standards for criteria air 
pollutants. The NIGC prepared a FCD for the proposed action/project 
described above. The FCD is included in Appendix W of the FEIS.

    Authority: This notice is published in accordance with Sections 
1506.6 of the Council of Environmental Quality Regulations 40 CFR, 
Parts 1500 through 1508 implementing the procedural requirements of 
the NEPA of 1969, as amended 42 U.S.C. 4371 et seq. This notice is 
also published in accordance with 40 CFR 93.155, which provides 
reporting requirements for conformity determinations.

    Dated: February 13, 2009.
Philip N. Hogen,
Chairman.
[FR Doc. E9-4263 Filed 2-26-09; 8:45 am]
BILLING CODE 7565-01-P