83 FR 46754 - Adoption and Recirculation of the Final Environmental Impact Statement for the Wilton Rancheria Fee-to-Trust and Casino Project
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission Federal Register Volume 83, Issue 179 (September 14, 2018)
National Indian Gaming Commission
Federal Register Volume 83, Issue 179 (September 14, 2018)
| Page Range | 46754-46755 | |
| FR Document | 2018-20042 |
[Federal Register Volume 83, Number 179 (Friday, September 14, 2018)] [Notices] [Pages 46754-46755] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20042] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![46754 Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Notices
operation and surface exploration Before including your address, phone FOR FURTHER INFORMATION CONTACT:
activities for barite. The proposed action number, email address, or other Austin Badger, National Indian Gaming
would increase the disturbance to a total personal identifying information in your Commission, Office of the General
of approximately 2,063 acres of public comment, you should be aware that Counsel; 1849 C Street NW, Mail Stop
and private land, including 896 acres of your entire comment—including your #1621, Washington, DC 20240. Phone:
previously approved or existing personal identifying information- may 202–632–7003. Facsimile: 202–632–
disturbance and 1,167 acres of new land be made publicly available at any time. 7066. Email: info@nigc.gov.
disturbance. Of the 2,063 acres of While you can ask us in your comment SUPPLEMENTARY INFORMATION: As
surface disturbance, approximately 209 to withhold your personal identifying described in the BIA EIS, the Tribe’s
acres consists of private land and the information from public review, we casino resort project (2017 Approved
remaining 1,854 acres are public land cannot guarantee that we will be able to Project) includes management of the
administered by the BLM. The proposed do so. gaming facility by a professional
expansion would employ an estimated Authority: 40 CFR 1506.6, 40 CFR management company on behalf of the
433 people. 1506.10. Tribe. The NIGC Chairman’s approval is
The proposed action includes the necessary for the management
expansion of the existing plan of Jill C. Silvey,
agreement to take effect. The Tribe has
operations boundary, expansion of the District Manager, Elko District Office. therefore requested that the NIGC
existing open pits, development of new [FR Doc. 2018–19940 Filed 9–13–18; 8:45 am] Chairman approve a management
open pits, expansion of the existing BILLING CODE 4310–HC–P agreement between the Tribe and BGM
waste rock disposal facilities,
which would allow BGM to manage the
construction of new waste rock disposal
Tribe’s gaming facility on the Tribe’s
facilities, expansion or modification of DEPARTMENT OF THE INTERIOR trust property in Elk Grove, California
ancillary facilities, expansion and
National Indian Gaming Commission (Proposed Action).
development of new roads, re-alignment
The environmental effects of the 2017
of segments of the Boulder Valley Road
Adoption and Recirculation of the Final Approved Project, including
and Antelope-Boulder Connector Road,
Environmental Impact Statement for management by a professional
installation of new power distribution
the Wilton Rancheria Fee-to-Trust and management company, were fully
lines, the continuation of surface
Casino Project analyzed and chosen as the Preferred
exploration, and reclamation activities.
The proposed expansion is projected to Alternative in the BIA EIS and approved
AGENCY: National Indian Gaming in the BIA’s January 19, 2017 Record of
add eight years to the mine’s life. The
Commission, Department of the Interior. Decision (BIA ROD) for the acquisition
Project is located on the northern end of
the Carlin Trend in Elko County, ACTION: Notice of adoption and in trust by the United States of land in
approximately 25 miles north of the recirculation of the final environmental the City of Elk Grove, California, for the
community of Dunphy and 28 aerial impact statement for the Wilton Tribe. The adequacy of the BIA EIS is
miles northwest of the town of Carlin, Rancheria Fee-to-Trust and Casino the subject of a judicial action which is
Nevada. Project. not final, Stand Up For California!, et
The Notice of Intent to prepare an EIS al., v. United States Department of
was published in the Federal Register SUMMARY: The National Indian Gaming Interior, et al., Civil Action No. 1:17-cv-
on September 9, 2015 (80 FR 54319). Commission (NIGC) is adopting the 00058 (D.D.C. filed Jan. 11, 2017).
Scoping meetings, news release and Bureau of Indian Affairs (BIA), Electronic copies of the BIA EIS and
mailings were used to solicit comments Department of the Interior, December BIA ROD, among other documents, are
and identify key issues to be analyzed. 2016 Final Environmental Impact available for download from http://
Tribal governments with interest in this Statement (the ‘‘BIA EIS’’) for the www.wiltoneis.com.
project were also contacted to discern Wilton Rancheria (Tribe) Fee-to-Trust The BIA ROD included mitigation for
their issues and concerns, and to and Casino Project in Elk Grove, any significant environmental impacts
conduct government-to-government California. The NIGC is adopting the resulting from the 2017 Approved
consultation. During the scoping period, BIA EIS to satisfy the NIGC’s National Project by recommending that the Tribe
the BLM received 12 comment Environmental Policy Act (NEPA) implement mitigation measures set out
submittals (e.g., letters, emails, obligations related to the Tribe’s request in the Mitigation Monitoring and
comment forms), resulting in a total of for the NIGC Chairman’s approval of a Enforcement Plan (MMEP), which was
131 comments and questions. Key gaming management agreement between Attachment IV to the BIA ROD. The
issues identified by individuals, groups, the Tribe and BGM Co, Inc. (BGM). NIGC was consulted during the
and government entities include preparation of the BIA EIS but did not
DATES: The NIGC will execute a Record
potential impacts to sage-grouse and serve as a cooperating agency in the
of Decision (ROD) no sooner than 30
wildlife, cultural resources and development of the BIA EIS.
days following publication by the
traditional cultural properties, access, Subsequent to the release of the BIA
Environmental Protection Agency (EPA)
noise, surface and ground water, air EIS and BIA ROD, the Tribe made
of its Notice of Availability of the BIA
quality, and support for the project. The several modifications to the casino
EIS (EPA Notice) in the Federal
BLM is the lead Federal agency for this resort project (2018 Modified Project).
Register.
EIS. Cooperating agencies include the The NIGC therefore directed preparation
Nevada Department of Wildlife, the ADDRESSES: An electronic copy of the of a Supplemental Information Report
daltland on DSKBBV9HB2PROD with NOTICES
Nevada Department of Conservation and BIA EIS, among other documents, is (SIR) to evaluate the 2018 Modified
Natural Resources Sagebrush Ecosystem available for download from http:// Project and the adequacy of the BIA EIS
Technical Team, the United States Fish www.wiltoneis.com. Electronic copies to address NIGC NEPA compliance
and Wildlife Service, the Elko County are also available on CD at the NIGC requirements in its consideration of the
Board of Commissioners, and the United Sacramento Region Office located at 801 Proposed Action. The SIR concluded
States Environmental Protection I Street Suite 489, Sacramento, CA that the 2018 Modified Project does not
Agency. 95814. include any substantial changes to the
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![Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Notices 46755
2017 Approved Project relevant to continued availability on http:// SUPPLEMENTARY INFORMATION:
environmental concerns and that no www.wiltoneis.com, the NIGC is not The properties listed in this notice are
significant new circumstances or republishing the document under a new being considered for listing or related
information relevant to environmental title. To do so would be costly, defeat actions in the National Register of
concerns and bearing on the 2018 CEQ’s goals of reducing paperwork and
Historic Places. Nominations for their
Modified Project and its impacts exist. duplication of effort, and be of little or
consideration were received by the
The SIR further concluded that the BIA no additional value to other agencies or
EIS appears adequate to meet the NIGC’s the public. The review period for the National Park Service before September
NEPA compliance requirements and adoption of the BIA EIS shall extend for 1, 2018. Pursuant to Section 60.13 of 36
that a supplemental environmental 30 calendar days following publication CFR part 60, written comments are
impact statement is not required. An of the EPA Notice. being accepted concerning the
electronic copy of the SIR is available The final stage in the environmental significance of the nominated properties
for download from http:// review process under NEPA is the under the National Register criteria for
www.wiltoneis.com. issuance of a ROD describing the evaluation.
The Council on Environmental agency’s decision and the basis for it. Before including your address, phone
Quality (CEQ) regulations implementing Under the timelines included in the number, email address, or other
NEPA strongly encourage agencies to CEQ regulation, 40 CFR 1506.10, a ROD personal identifying information in your
reduce paperwork and duplication, 40 cannot be issued by an agency earlier comment, you should be aware that
CFR 1500.4. One of the methods than thirty days after EPA publishes its
your entire comment—including your
identified by CEQ to accomplish this Federal Register notice notifying the
goal is through the adoption by one public of the availability of the final EIS. personal identifying information—may
agency of environmental documents Any ROD issued by the NIGC will be be made publicly available at any time.
prepared by other agencies, 40 CFR consistent with 40 CFR 1505.2. While you can ask us in your comment
1500.4(n), 1500.5(h), and 1506.3. In Accordingly, the NIGC is adopting to withhold your personal identifying
instances where the actions covered by and recirculating the BIA EIS and has information from public review, we
the original environmental impact concluded that no supplemental or cannot guarantee that we will be able to
statement and the proposed action are additional environmental review is do so.
substantially the same, the agency required to support the Proposed Nominations submitted by State
adopting another agency’s statement is Action. Historic Preservation Officers:
not required to recirculate it except as Authority: This notice is published in
a final statement, 40 CFR 1506.3(b). accordance with 25 U.S.C. 2711 and MAINE
The NIGC has conducted an Section 1506.3 of the Council of
independent review of the BIA EIS, BIA Environmental Quality Regulations (40 Androscoggin County
ROD, and SIR for the purpose of CFR parts 1500–1508) implementing the Lewiston Commercial Historic District, 1–39
determining whether the NIGC could procedural requirements of NEPA, as Lisbon, 157–249 Main, 35 Ash & 103 Park
adopt the BIA EIS pursuant to 40 CFR amended (42 U.S.C. 4321, et seq.). Sts., Lewiston, SG100003009
1506.3. First, the NIGC’s review Dated: September 11, 2018. Kennebec County
concluded that the actions encompassed Christinia Thomas,
by the 2018 Modified Project are Tiffany Chapel, 544 Tiffany Rd., Sidney,
Chief of Staff (Acting). SG100003010
substantially the same as the actions
[FR Doc. 2018–20042 Filed 9–13–18; 8:45 am]
documented as the 2017 Approved Penobscot County
BILLING CODE 7565–01–P
Project in the BIA EIS and BIA ROD.
United Baptist Church, 53 Main Rd.,
Second, the NIGC assessed whether a
Charleston, SG100003011
supplemental environmental impact DEPARTMENT OF THE INTERIOR
statement is required. As supported by WISCONSIN
the SIR, the NIGC concluded that there National Park Service Ozaukee County
are (1) no significant new circumstances
or information relevant to [NPS–WASO–NRNHL–DTS#–26421; J.M. ALLMENDINGER (Steambarge)
PPWOCRADI0, PCU00RP14.R50000] Shipwreck, (Great Lakes Shipwreck Sites
environmental concerns or bearing on
the Proposed Action and (2) no of Wisconsin MPS), 2.5 mi. SSE of
National Register of Historic Places; Concordia U. in L. Michigan, Mequon,
substantial changes to the Proposed Notification of Pending Nominations
Action relevant to environmental MP100003012
and Related Actions
concerns. Thus, a supplemental
AGENCY: National Park Service, Interior. Authority: Section 60.13 of 36 CFR part
environmental impact statement is not
60
required. Third, the BIA EIS meets the ACTION: Notice.
standards of the CEQ regulations, 40 Dated: September 4, 2018.
CFR parts 1500–1508. Therefore, the SUMMARY: The National Park Service is Julie H. Ernstein,
NIGC can adopt the BIA EIS and soliciting comments on the significance
of properties nominated before Acting Chief, National Register of Historic
recirculate it as a final statement. Places/National Historic Landmarks Program
In accordance with the Environmental September 1, 2018, for listing or related
and Deputy Keeper of the National Register
Protection Agency’s (EPA) requirements actions in the National Register of
of Historic Places.
regarding the filing of environmental Historic Places.
daltland on DSKBBV9HB2PROD with NOTICES
[FR Doc. 2018–20006 Filed 9–13–18; 8:45 am]
impact statements, the NIGC has DATES: Comments should be submitted
BILLING CODE 4312–52–P
provided EPA with electronic copies of by October 1, 2018.
the BIA EIS. EPA will publish a notice ADDRESSES: Comments may be sent via
of availability of the BIA EIS in the U.S. Postal Service and all other carriers
Federal Register consistent with its to the National Register of Historic
usual practices. Because of the Places, National Park Service, 1849 C St.
multivolume size of the BIA EIS and its NW, MS 7228, Washington, DC 20240.
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Document Created: 2018-09-14 03:03:06
Document Modified: 2018-09-14 03:03:06
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of adoption and recirculation of the final environmental impact statement for the Wilton Rancheria Fee-to-Trust and Casino Project. | |
| 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. | |
| 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].gov. | |
| FR Citation | 83 FR 46754 |
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