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Ordinances of the Elk Valley Rancheria, California, Ordinance No.
The Tribal Council of the Elk Elk valley casino application Rancheria "Tribe" hereby ordains as follows: Section 1.
The Tribal Council "Council" for the Tribe finds and declares that: 1.
The Tribe is a federally recognized Indian Tribe organized under the provisions of the Indian Reorganization Act, 25 U.
§476, with a written Constitution establishing the Elk Valley Tribal Council as the governing body of the Tribe.
Pursuant to Article V, Section 1, of the tribe's Constitution, the Council is vested with the authority to enact ordinances for the purposes of promoting the health and general welfare of the members of the Tribe, managing all tribal lands and natural resources, and managing all economic enterprises of the Tribe.
The Tribe is the owner and operator of the Elk Valley Casino which is presently located on land leased from a tribal member within the boundaries of the Elk Valley Reservation.
The Council contracted with Urban Systems Innovation Group for the purpose of preparing a comprehensive market study to determine the feasibility of constructing a new casino for the Tribe on land purchased by the Tribe and taken into trust outside the boundaries of the Reservation.
The market study has determined that a market exists to expand the tribe's existing casino elk valley casino application build a new casino at a new location.
Based upon the market study, the Council has decided to expand the tribe's existing casino or construction a new casino on land that the Tribe has purchased outside of the boundaries of the Reservation.
On or about September 10, 1999, the Tribe entered into a Tribal-State Compact with the State of California, which authorized the Tribe to conduct Class III gaming on its Reservation.
The Council is adopting this Ordinance in order to satisfy the requirements of Section 10.
By enacting and complying with this Ordinance, the Tribe has established a uniform policy for the preparation, circulation, and consideration by the Tribal Council of a document, which evaluates potential Off-Reservation environmental effects of any significant expansion, modification, or renovation of its casino or the construction of a new casino on its Reservation.
The goal of the environmental review process established herein is to ensure that, when the Tribal Council just click for source a final decision as to whether, and under what conditions to proceed with the construction of a new casino or with the renovation, modification, or expansion of its existing casino, it is fully informed regarding the potential Off-Reservation environmental effects of that project in making its decision and in evaluating alternatives, as well as the costs and benefits of the project, and its alternatives.
It is the policy of the Tribe to protect the natural environment, including the land, air, water, minerals, and all living things on the Reservation, and to take into account in the Tribal decision-making process the potential Off-Reservation effects of an on-Reservation casino development project undertaken by the Tribe.
While it is also an important policy of the Tribe to promote the economic development of the Reservation for the benefit of the Tribe and its members, the Council recognizes that development activities on the Reservation may have an Off-Reservation impact on the environment.
The Tribe, therefore, is establishing this comprehensive environmental review process for the purpose of identifying those potential Off-Reservation impacts and considering ways that those impacts could be mitigated by incorporating changes in the design of the project, including considering alternatives to the project.
nation casino employment adoption of this Ordinance is in the best interests of the Tribe and its members.
Adoption of a New Ordinance Entitled: "Gaining Facility Off-Reservation Environmental Assessment Ordinance.
As used in this Ordinance, the following terms shall have the following meanings: 1.
For every proposed Casino Project, the Tribal Council shall elk valley casino application, or cause to be prepared, a Report which shall include click evaluate all Off- Reservation Environmental Impacts to the extend deemed appropriate by the Tribal Council and any Off-Reservation Environmental Impacts identified by members of the public or Affected Local Agencies at the public meeting held pursuant to Section 16.
After the Report has been prepared, the Tribal Council shall provide copies of the Report to elk valley casino application Del Elk valley casino application County Board of Supervisors and the California State Clearinghouse, in the office of Planning and Research, at least 45 days prior to commencement of the Casino Project described and evaluated in the Report.
When furnishing a copy of the Report to the County and to the State Clearinghouse, the Tribal Council shall include a written notice inviting comments on the Report and offering to meet with the Board of Supervisors or its representatives to discuss mitigation of significant adverse Off-Reservation Environmental Impacts.
In addition to distributing the Report as provided in Section 16.
The notice shall state how members of the public may obtain a copy of the Report.
The Tribe may charge a reasonable fee for furnishing a copy of the Report to a member of the public.
The notice shall invite comments on the Report and state that the Tribe will respond in writing to comments received within twenty 20 days of the date that the notice is published.
The notice shall include the date, time, and location of the Tribal Council meeting at which members of the public may appear and comment on the Casino Project and the Report.
The Tribal Council shall source with the Board of Supervisors for the County of Del Norte or its authorized representatives to discuss mitigation of significant adverse Off-Reservation Environmental Impacts, if a written request for a meeting from the Board is received by the Tribal Council within twenty 20 days after the Report has been transmitted to the Board of Supervisors pursuant to Section 16.
The Tribal Council shall prepare, or cause to be prepared, responses to any written comments to the Report received from the public or any Affected Local Agency provided that the written comments are received within twenty 20 days after the Report is didsbury contact casino grosvenor and distributed in accordance with Section 16.
Either Tribal staff or a consultant retained by the Tribal Council for that purpose, shall chances duncan british columbia to the Tribal Council the draft Report, along with any written comments received from the Affected Local Agencies or public and any responses prepared by Tribal staff or the engaged consultant in response to the comments.
The Tribal Council will select a day, time, and place on the Rancheria for one public hearing on the Casino Project and the Report and will elk valley casino application either its staff or the engaged consultant to give notice of the time, place, and location for this hearing to be published in the manner described in Section 16.
At the hearing, the Tribal Council will permit, subject to reasonable limitations, interested members of the public and Affected Local Agencies to present their views and comments on both the proposed Casino Project and the Report, after the Tribal staff or the engaged consultant makes a presentation as to the proposed Casino Project and Report and all written comments previously received.
At or after the conclusion of the hearing required by Section 16.
Whichever of the five 5 actions the Tribal Council may take will be in the form of a written Resolution which, taken together with all supporting documentation and information, shall constitute the tribe's final decision on the Report and Casino Project.
There will be no appeal from such action by the Tribal Council, whose action is final for the Tribe.
To the extent that such actions are feasible and consistent with the tribe's governmental interest, the Tribe will require a good faith effort to implement all mitigation measures recommended in the Report in any action to proceed with the Casino Project.
Any such Resolution by which the Tribal Council proceeds with the Casino Project will elk valley casino application findings that state mitigation measures will be implemented, even if some of those mitigation measures are within the responsibility and jurisdiction of another agency.
The Tribal Council shall send periodic reports to the Board of Supervisors for the County of Del Norte on the progress of the Casino Project, the frequency of which shall be determined by the Tribal Council based on the expected duration of construction of the Casino Project.
The Tribe shall furnish no less than one progress report to the Board of Supervisors.
In addition, the Tribal Council shall publish or cause to be published in a newspaper of general circulation serving the Rancheria community periodic notices of Tribal Council meetings at which progress reports on the Casino Project will be made.
The notice shall include the time, date, and location of the meeting.
The Tribal Council shall determine the frequency of the notices and meetings based on the expected duration of construction of the Casino Project.
The Tribal Council shall publish or cause to be published no less than one notice and conduct no less than one meeting at which a progress report will be made.
If any part or provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect.
To this end, the provisions of this Ordinance are severable.
This Ordinance shall become effective on the date that it is adopted by the Tribal Council.

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