[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Notices]
[Pages 67561-67562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23497]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[212A2100DD/AAKC001030/A0A501010.999900253G]
Final Environmental Impact Statement and Final Conformity
Determination for the Tejon Indian Tribe's Proposed Fee-to-Trust
Acquisition and Casino Resort Project, Kern County, California
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice of availability.
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SUMMARY: This notice advises the public that the Bureau of Indian
Affairs (BIA), as lead agency, with the Tejon Indian Tribe (Tribe),
Kern County (County), National Indian Gaming Commission (NIGC), and the
U.S. Environmental Protection Agency (EPA) serving as cooperating
agencies, intends to file a Final Environmental Impact Statement (FEIS)
with the EPA in connection with
[[Page 67562]]
the Tribe's application for transfer into trust by the United States of
approximately 306 acres for gaming and other purposes to be located
west of the Town of Mettler, Kern County, California.
DATES: The Record of Decision for the proposed action will be issued on
or after 30 days from the date the EPA publishes its Notice of
Availability in the Federal Register. The BIA must receive any comments
on the FEIS before that date.
ADDRESSES: You may submit written comments:
By mail to: Amy Dutschke, Regional Director, Bureau of
Indian Affairs, Pacific Region, 2800 Cottage Way, Sacramento, CA 95825.
Please include your name, return address, and ``FEIS Comments, Tejon
Indian Tribe Casino Project'' on the first page of your written
comments.
By email to: Chad Broussard, Environmental Protection
Specialist, Bureau of Indian Affairs, at [email protected], using
``FEIS Comments, Tejon Indian Tribe Casino Project'' as the subject of
your email.
FOR FURTHER INFORMATION CONTACT: Chad Broussard, Environmental
Protection Specialist, Bureau of Indian Affairs, Pacific Regional
Office, telephone: (916) 978-6165; email: [email protected].
Information is also available at www.tejoneis.com.
SUPPLEMENTARY INFORMATION: The BIA published the Notice of Availability
for the Draft EIS in the Federal Register and the Bakersfield
Californian on June 12, 2020 (85 FR 35948). The BIA held a virtual
public hearing on July 8, 2020.
Background: The Proposed Project consists of the following
components: (1) The Department of the Interior's (Department) transfer
of approximately 306 acres from fee to trust status pursuant to Section
5 of the Indian Reorganization Act (25 U.S.C. 5108); (2) issuance of a
determination by the Secretary of the Interior pursuant to Section 20
of the Indian Gaming Regulatory Act determining whether a gaming
facility on the project site would be in the best interest of the Tribe
and its members and not detrimental to the surrounding community (25
U.S.C. 2719(b)(1)(A)); (3) the approval of a management contract by the
Chairman of the National Indian Gaming Commission pursuant to 25 U.S.C.
2711; and (4) the development of the trust parcel with a casino, hotel,
convention center, multipurpose event space, several restaurant
facilities, parking facilities, a recreational vehicle (RV) park, fire
and sheriff stations, and associated facilities.
The following alternatives are considered in the FEIS: (1) Proposed
Project; (2) Reduced Intensity Hotel and Casino; (3) Organic Farm; (4)
Alternate Site for the Proposed Project; and (5) No Action Alternative.
The BIA has selected Alternative A1, the Proposed Project, as the
Preferred Alternative as discussed in the FEIS.
Environmental issues addressed in the FEIS include geology and
soils, water resources, air quality, biological resources, cultural and
paleontological resources, socioeconomic conditions (including
environmental justice), transportation and circulation, land use,
public services, noise, hazardous materials, aesthetics, cumulative
effects, and indirect and growth inducing effects.
The information and analysis contained in the FEIS, as well as its
evaluation and assessment of the Preferred Alternative, will assist the
Department in its review of the issues presented in the Tribe's
application. Selection of the Preferred Alternative does not indicate
the Department's final decision because the Department must complete
its review process. The Department's review process consists of (1)
issuing the notice of availability of the FEIS; (2) issuing a Record of
Decision no sooner than 30 days following publication of a Notice of
Availability of the FEIS by the EPA in the Federal Register; (3)
issuing a Secretarial Determination pursuant to Section 20 of the
Indian Gaming Regulatory Act that determines whether the Tribe's gaming
facility would be in the best interest of the Tribe and its members and
is not detrimental to the surrounding community, 25 U.S.C.
2719(b)(1)(A); (4) requesting the Governor of California's concurrence
with the Secretarial Determination; and (5) issuing a final decision on
the transfer of the proposed site from fee to trust status pursuant to
Section 5 of the Indian Reorganization Act, 25 U.S.C. 5108. The
National Indian Gaming Commission will separately consider the Tribe's
application for a management contract pursuant to 25 CFR part 533.
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 Clean Air Act requires Federal agencies to
ensure that their actions conform to applicable implementation plans
for achieving and maintaining the National Ambient Air Quality
Standards for criteria air pollutants. The BIA has prepared an FCD for
the proposed action/project described above. The FCD is included in
Appendix Z of the FEIS.
Locations where the FEIS is Available for Review: The FEIS is
available for review at www.tejoneis.com. Contact information is listed
in the FOR FURTHER INFORMATION CONTACT section of this notice.
Public Comment Availability: Comments, including names and
addresses of respondents, will be available for public review. Before
including your address, telephone number, email address, or other
personal identifying information in your comment, you should be aware
that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask in your comment that your personal identifying information be
withheld from public review, the BIA cannot guarantee that this will
occur.
Authority: This notice is published pursuant to Sec. 1503.1 of the
Council of Environmental Quality Regulations (40 CFR parts 1500 through
1508) and Sec. 46.305 of the Department of the Interior Regulations (43
CFR part 46), implementing the procedural requirements of the NEPA of
1969, as amended (42 U.S.C. 4371, et seq.), and is in the exercise of
authority delegated to the Assistant Secretary--Indian Affairs by 209
DM 8. This notice is also published in accordance with 40 CFR 93.155,
which provides reporting requirements for conformity determinations.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2020-23497 Filed 10-22-20; 8:45 am]
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