CHAPTER 31-7
ENVIRONMENTAL REVIEW PROCESS

31-7-1 Generally.

Unless exempt under this chapter, the Tribal Council shall not approve a business site lease until the proposed business site lease applicant has completed the environmental review process pursuant to this chapter and applicable tribal regulations. Leases approved and executed without compliance with this chapter shall be null and void.

(Enacted by PBP TC No. 2017-358, November 29, 2017)

31-7-2. Threshold Determination.

(A)    Lessee Exempt from Environmental Review Process. If the environmental reviewer determines as a threshold matter that the leasing decision would not have a significant effect on the environment, the leasing decision is exempt from the environmental review process herein, subject to any other applicable tribal environmental regulations. As a threshold matter the leasing decision is exempt from the environmental review process if the environmental reviewer determines that: (1) there is no significant change in land use resulting from the proposed business site lease; (2) the environmental reviewer confirms that the site was the subject of an environmental review process within the last twenty-four (24) months for a substantially similar business site lease; (3) the site is within the footprint of an existing site for which an environmental review process was already conducted (for example, a space lease); or (4) the nature of and the actions under the leasing decision would not have a significant effect on the environment.

(B)    Lessee Subject to Environmental Review Process. If the environmental reviewer determines that the leasing decision might be expected to (1) impact, (2) alter, (3) disturb, (4) cause physical disturbances to the biological or natural resources of the Nation, or (5) otherwise create a significant effect on the environment, 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.

(Enacted by PBP TC No. 2017-358, November 29, 2017)

31-7-3. Action on Leasing Decision Subject to Completion of Environmental Review Process.

If the environmental reviewer determines that the leasing decision is subject to the environmental review process, the Tribal Council may not consider the leasing decision until the environmental reviewer closes the environmental review process in accordance with this chapter and other applicable tribal environmental regulations.

(Enacted by PBP TC No. 2017-358, November 29, 2017)

31-7-4. Environmental Review Process.

(A)    Unless an exemption applies or a lease is otherwise not subject to the environmental review process, then, before the execution of any business site lease, the Tribal Council shall cause to be prepared a comprehensive and adequate tribal environmental impact report (“TEIR”), analyzing the potentially significant effects of the proposed action 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 TEIR shall provide detailed information about the significant effect(s) on the environment which the lease 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 (such as 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 lease;

(3)    In a separate section:

(a)    Any significant effect on the environment that cannot be avoided if the lease is executed;

(b)    Any significant effect on the environment that would be irreversible if the lease is executed; and

(c)    Any mitigation measures proposed, recommended, or required.

(B)    In addition to the information required pursuant to subsection (A) of this section, the TEIR shall also contain a statement indicating the reasons for determining that various effects of the lease 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 effect on the environment shall be clearly identified and described, giving due consideration to both the short-term and long-term effects.

(Enacted by PBP TC No. 2017-358, November 29, 2017)

31-7-5. Notice of Completion of Draft TEIR.

(A)    Within thirty (30) business days following the completion of the draft TEIR, the Tribal Council shall file a copy of the draft TEIR and a notice of completion with the Secretary of the Tribal Council. The Tribal Council shall also post the notice of completion and a copy of the draft TEIR at the government offices of the Nation and on the Nation’s Tribal Member 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) business days during which the Nation will receive comments on the draft TEIR.

(B)    To satisfy the requirement for public notice and opportunity to comment under 25 U.S.C. §415(h), the Tribal Council will provide public notice by at least one (1) of the procedures specified below:

(1)    Posting of the Nation’s draft TEIR in the government offices of the Nation and the Tribal Council with notice to the public of the opportunity to comment on any significant effect on the environment of the proposed action.

(2)    Posting of the Nation’s draft TEIR on the Nation’s Tribal Member website with notice to the public of the opportunity to comment on any significant effect on the environment of the proposed action.

(3)    Posting the Nation’s draft TEIR at the Mayetta, Kansas, United States Post Office with notice to the public of the opportunity to comment on any significant effect on the environment of the proposed action.

(Enacted by PBP TC No. 2017-358, November 29, 2017)

31-7-6. Response to Public Comments.

After the thirty (30) day comment period has ended, the Tribal Council will review all comments received from the public. Prior to the approval and execution of the business site lease, the Tribal Council will provide responses, using the same notification process as provided in Section 31-7-5(B), 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.

(Enacted by PBP TC No. 2017-358, November 29, 2017)