[Federal Register Volume 83, Number 179 (Friday, September 14, 2018)]
[Notices]
[Pages 46754-46755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20042]


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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission


Adoption and Recirculation of the Final Environmental Impact 
Statement for the Wilton Rancheria Fee-to-Trust and Casino Project

AGENCY: National Indian Gaming Commission, Department of the Interior.

ACTION: Notice of adoption and recirculation of the final environmental 
impact statement for the Wilton Rancheria Fee-to-Trust and Casino 
Project.

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SUMMARY: The National Indian Gaming Commission (NIGC) is adopting the 
Bureau of Indian Affairs (BIA), Department of the Interior, December 
2016 Final Environmental Impact Statement (the ``BIA EIS'') for the 
Wilton Rancheria (Tribe) Fee-to-Trust and Casino Project in Elk Grove, 
California. The NIGC is adopting the BIA EIS to satisfy the NIGC's 
National Environmental Policy Act (NEPA) obligations related to the 
Tribe's request for the NIGC Chairman's approval of a gaming management 
agreement between the Tribe and BGM Co, Inc. (BGM).

DATES: The NIGC will execute a Record of Decision (ROD) no sooner than 
30 days following publication by the Environmental Protection Agency 
(EPA) of its Notice of Availability of the BIA EIS (EPA Notice) in the 
Federal Register.

ADDRESSES: An electronic copy of the BIA EIS, among other documents, is 
available for download from http://www.wiltoneis.com. Electronic copies 
are also available on CD at the NIGC Sacramento Region Office located 
at 801 I Street Suite 489, Sacramento, CA 95814.

FOR FURTHER INFORMATION CONTACT: Austin Badger, National Indian Gaming 
Commission, Office of the General Counsel; 1849 C Street NW, Mail Stop 
#1621, Washington, DC 20240. Phone: 202-632-7003. Facsimile: 202-632-
7066. Email: [email protected].

SUPPLEMENTARY INFORMATION: As described in the BIA EIS, the Tribe's 
casino resort project (2017 Approved Project) includes management of 
the gaming facility by a professional management company on behalf of 
the Tribe. The NIGC Chairman's approval is necessary for the management 
agreement to take effect. The Tribe has therefore requested that the 
NIGC Chairman approve a management agreement between the Tribe and BGM 
which would allow BGM to manage the Tribe's gaming facility on the 
Tribe's trust property in Elk Grove, California (Proposed Action).
    The environmental effects of the 2017 Approved Project, including 
management by a professional management company, were fully analyzed 
and chosen as the Preferred Alternative in the BIA EIS and approved in 
the BIA's January 19, 2017 Record of Decision (BIA ROD) for the 
acquisition in trust by the United States of land in the City of Elk 
Grove, California, for the Tribe. The adequacy of the BIA EIS is the 
subject of a judicial action which is not final, Stand Up For 
California!, et al., v. United States Department of Interior, et al., 
Civil Action No. 1:17-cv-00058 (D.D.C. filed Jan. 11, 2017). Electronic 
copies of the BIA EIS and BIA ROD, among other documents, are available 
for download from http://www.wiltoneis.com.
    The BIA ROD included mitigation for any significant environmental 
impacts resulting from the 2017 Approved Project by recommending that 
the Tribe implement mitigation measures set out in the Mitigation 
Monitoring and Enforcement Plan (MMEP), which was Attachment IV to the 
BIA ROD. The NIGC was consulted during the preparation of the BIA EIS 
but did not serve as a cooperating agency in the development of the BIA 
EIS.
    Subsequent to the release of the BIA EIS and BIA ROD, the Tribe 
made several modifications to the casino resort project (2018 Modified 
Project). The NIGC therefore directed preparation of a Supplemental 
Information Report (SIR) to evaluate the 2018 Modified Project and the 
adequacy of the BIA EIS to address NIGC NEPA compliance requirements in 
its consideration of the Proposed Action. The SIR concluded that the 
2018 Modified Project does not include any substantial changes to the

[[Page 46755]]

2017 Approved Project relevant to environmental concerns and that no 
significant new circumstances or information relevant to environmental 
concerns and bearing on the 2018 Modified Project and its impacts 
exist. The SIR further concluded that the BIA EIS appears adequate to 
meet the NIGC's NEPA compliance requirements and that a supplemental 
environmental impact statement is not required. An electronic copy of 
the SIR is available for download from http://www.wiltoneis.com.
    The Council on Environmental Quality (CEQ) regulations implementing 
NEPA strongly encourage agencies to reduce paperwork and duplication, 
40 CFR 1500.4. One of the methods identified by CEQ to accomplish this 
goal is through the adoption by one agency of environmental documents 
prepared by other agencies, 40 CFR 1500.4(n), 1500.5(h), and 1506.3. In 
instances where the actions covered by the original environmental 
impact statement and the proposed action are substantially the same, 
the agency adopting another agency's statement is not required to 
recirculate it except as a final statement, 40 CFR 1506.3(b).
    The NIGC has conducted an independent review of the BIA EIS, BIA 
ROD, and SIR for the purpose of determining whether the NIGC could 
adopt the BIA EIS pursuant to 40 CFR 1506.3. First, the NIGC's review 
concluded that the actions encompassed by the 2018 Modified Project are 
substantially the same as the actions documented as the 2017 Approved 
Project in the BIA EIS and BIA ROD. Second, the NIGC assessed whether a 
supplemental environmental impact statement is required. As supported 
by the SIR, the NIGC concluded that there are (1) no significant new 
circumstances or information relevant to environmental concerns or 
bearing on the Proposed Action and (2) no substantial changes to the 
Proposed Action relevant to environmental concerns. Thus, a 
supplemental environmental impact statement is not required. Third, the 
BIA EIS meets the standards of the CEQ regulations, 40 CFR parts 1500-
1508. Therefore, the NIGC can adopt the BIA EIS and recirculate it as a 
final statement.
    In accordance with the Environmental Protection Agency's (EPA) 
requirements regarding the filing of environmental impact statements, 
the NIGC has provided EPA with electronic copies of the BIA EIS. EPA 
will publish a notice of availability of the BIA EIS in the Federal 
Register consistent with its usual practices. Because of the 
multivolume size of the BIA EIS and its continued availability on 
http://www.wiltoneis.com, the NIGC is not republishing the document 
under a new title. To do so would be costly, defeat CEQ's goals of 
reducing paperwork and duplication of effort, and be of little or no 
additional value to other agencies or the public. The review period for 
the adoption of the BIA EIS shall extend for 30 calendar days following 
publication of the EPA Notice.
    The final stage in the environmental review process under NEPA is 
the issuance of a ROD describing the agency's decision and the basis 
for it. Under the timelines included in the CEQ regulation, 40 CFR 
1506.10, a ROD cannot be issued by an agency earlier than thirty days 
after EPA publishes its Federal Register notice notifying the public of 
the availability of the final EIS. Any ROD issued by the NIGC will be 
consistent with 40 CFR 1505.2.
    Accordingly, the NIGC is adopting and recirculating the BIA EIS and 
has concluded that no supplemental or additional environmental review 
is required to support the Proposed Action.
    Authority: This notice is published in accordance with 25 U.S.C. 
2711 and Section 1506.3 of the Council of Environmental Quality 
Regulations (40 CFR parts 1500-1508) implementing the procedural 
requirements of NEPA, as amended (42 U.S.C. 4321, et seq.).

    Dated: September 11, 2018.
Christinia Thomas,
Chief of Staff (Acting).
[FR Doc. 2018-20042 Filed 9-13-18; 8:45 am]
 BILLING CODE 7565-01-P