Purpose and Need - Cloverdale Rancheria of Pomo Indians

SECTION 1.0
Purpose and Need
1.1 Introduction
The National Environmental Policy Act (NEPA) requires the preparation of an Environmental
Impact Statement (EIS) for major federal actions that may significantly affect the quality of the
human environment. This Draft EIS has been prepared by the Bureau of Indian Affairs (BIA)
to address the potential environmental effects of transferring six parcels (containing approximately
69.77 gross acres) to federal trust status for the benefit of the Cloverdale Rancheria of Pomo Indians
(Tribe), as well as the subsequent development of a destination resort casino on some of the parcels.
This document has been completed in accordance with the requirements set forth in NEPA (42 U.S.C
§ 4321 et seq.); the Council on Environmental Quality (CEQ) Regulations for implementing NEPA
(40 C.F.R. Parts 1500-1508); and BIA’s NEPA Handbook (59 IAM 3-H). This document analyzes
the potential environmental consequences associated with five development alternatives and a
No Action Alternative. Mitigation measures are provided to prevent or reduce the magnitude of
environmental consequences.
For the purpose of this EIS, the BIA serves as the Lead Agency for compliance with NEPA. The BIA
is the federal agency charged with reviewing and approving tribal applications pursuant to 25 C.F.R.
Part 151, which sets forth the policies and procedures governing the acquisition of land by the
United States in trust status for individual Indians and tribes. The Proposed Action also includes
the approval by the National Indian Gaming Commission (NIGC) of a gaming management contract.
The NIGC is the federal agency charged with regulating gaming on Native American lands pursuant
to the Indian Gaming Regulatory Act (IGRA; 25 U.S.C § 2701 et seq.). The NIGC serves as a
Cooperating Agency along with the Tribe, Environmental Protection Agency (EPA), California
Department of Transportation (Caltrans), Sonoma County, and City of Cloverdale.
Pursuant to IGRA, parcels acquired by the Secretary of the Interior and in trust after October 17,
1988 are only eligible for gaming if they meet one of the exceptions within 25 U.S.C § 2719. For
this project, the Secretary has determined that the proposed trust parcels (which constitute the
project site) are eligible for gaming pursuant to 25 U.S.C. § 2719(b)(1)(B)(iii)1 if they are taken
into trust by the Secretary. This exception applies to “the restoration of lands for an Indian tribe
that is restored to Federal recognition.”
1 The Secretary’s determination is documented in the letter from George Skibine (Acting Deputy Assistant Secretary -
U.S. Department of the Interior) to Patricia Hermosillo (Chairperson of the Cloverdale Rancheria of Pomo Indians)
on December 12, 2008.
Cloverdale Rancheria Fee-to-Trust and Resort Casino Project
Draft EIS
1-1
ESA / 207737
August 2010
1.0 Purpose and Need
1.2 Project Location
The proposed transfer from fee status to trust status (fee-to-trust transfer) includes the six parcels
listed in Table 1-1. These parcels contain a gross acreage of approximately 69.77 acres. The gross
acreage includes right-of-way and easements which will remain on title. The term “project site”
throughout the EIS refers to the gross acreage of 69.77 and is where Tribal development, and
thus environmental impacts, would occur. The project site is located in northern Sonoma County,
California within the sphere of influence of the City of Cloverdale. Figure 1-1 shows the regional
location of the project site. The location corresponds to Township 11 North, Range 10 West,
Sections 19 and 20 of the Cloverdale USGS 7.5-minute topographic quadrangle map (1980).
TABLE 1-1
PROJECT PARCELS
Assessor’s Parcel Number
Acreage
Jurisdiction
116-310-020
2.05
City of Cloverdale
116-310-005
12.22
Sonoma County
116-310-035
16.44
Sonoma County
116-310-039
5.00
Sonoma County
116-310-040
8.53
Sonoma County
116-310-044
25.53
Sonoma County
Total
69.77
SOURCE: Adobe Associates, Inc., 2009 and ESA, 2009
The project site is situated immediately east of Highway 101 and borders Asti Road. A site and
vicinity map is provided as Figure 1-2. An aerial photograph of the project site is included as
Figure 1-3. Figure 1-4 provides a historic topographic map.
There are six rural residences and associated outbuildings on the project site, including barns, horse
paddocks, and corrals. The eastern portion of the project site is used as vineyards. North of the
vineyards is a wastewater treatment pond that is currently operated by the City of Cloverdale.
Surrounding land uses include the City of Cloverdale wastewater treatment plant to the north,
industrial warehouses and storage facilities to the south, Highway 101 and residential neighborhoods
to the west, and the Russian River and agriculture to the east. Regional access to the project site
is provided by Highway 101, with local access provided by South Cloverdale Boulevard via
Highway 101.
Cloverdale Rancheria Fee-to-Trust and Resort Casino Project
Draft EIS
1-2
ESA / 207737
August 2010
Cll ea
C
earr L ak
akee
SONOMA
COUNTY
Laakep
L
kepo
ort
rt
29
Keellsseyvi
e yv i llll e
K
101
128
M ENDO
CINO
MEND
OC
IN O
CL
C
LOV
VERDAL
ERDALE
SONOM
SO
NO M A
PRO
P
R O JJE
ECT
C T SIT
SITE
LA
Ri
MA
an
KE
i
NO
ss
SO
Ru
ve
r
L ake
ake
So
S
onoma
e ys erv ill l e
G eyservi
128
Heeal
a ld
s b u rg
H
d sb
101
Win
Wi
n d so r
1
eville
G u ern evi
5
0
Miles
SOURCE: ESRI, 2006; and ESA, 2008
Cloverdale Rancheria Resort Casino Project EIS . 207737
Figure 1-1
Regional Location
Ge
ys
er
s
Clo
ver
da
le
Bo
ule
Cr
oc
r
ke
Ro
ad
var
d
Ri ve r La ne
C LOVER D A LE
rth
ss
No
oad
Asti R
Ru
ia
we
n
Riv
rn
er
ste
lro
Ro
lly
Rai
ad
Ke
ific
ad
Pac
101
Project Site
2000
0
Feet
SOURCE: ESRI, 2006; and ESA, 2008
Cloverdale Rancheria Resort Casino Project EIS . 207737
Figure 1-2
Project Site and Vicinity
Russ
ian
ane
er
L
Lile
rt
Riv
11 6 -3 10 -0 44
116-310-044
No
hw
es
te
rn
Pa
ci
Po
fic
rt
Ra
11 6 --31
3 1 0 --00 3 9
erf
ilr
iel
oa
d C
ree
d
k
11 6 - 31 0 - 00 5
116-310-005
11 6 --31
3 1 0 --00 4 0
ad
A s ti R o
101
116 - 310 - 020
116-310-020
-0 3 5
11 6 --33 1 0 -035
Co
e
yot
Cree
k
Project S i t e
Parcels
Sa
SOURCE: NAIP, 2006; GlobeXplorer, 2007; and ESA, 2008
nt
a
an
Dr
i
ve
500
0
Feet
Cloverdale Rancheria Resort Casino Project EIS . 207737
Figure 1-3
Aerial Photograph
101
Project Site
2000
0
Feet
SOURCE: USGS Topographic Quadrangles, 1960; Sonoma County, 2001; and ESA, 2008
Cloverdale Rancheria Resort Casino Project EIS . 207737
Figure 1-4
Historical Topographic Map
1.0 Purpose and Need
1.3 Purpose and Need for the Proposed Action
Implementation of the Proposed Action would assist the Tribe in meeting the following objectives:
•
Restoring the Tribe’s trust land base
•
Strengthening the Tribal government
•
Achieving economic self sufficiency
•
Improving the socioeconomic status of the Tribe
•
Providing employment opportunities for Tribal members
•
Providing funding for administrative, health and welfare, housing, educational, social
and other Tribal services
The following discussion summarizes the history of the Tribe’s Rancheria, a portion of which is
contained within the project site. The Tribe is composed of descendants of the indigenous Pomo
people of the Cloverdale area. The Tribe was displaced from their traditional lands during the 1800s
with the Gold Rush and increasing number of settlers in Northern California. In 1921, the Tribe
was federally-recognized and 27.5 acres of land were taken into trust by the U.S. government on
behalf of the Tribe. This land comprised the original reservation, known as the Cloverdale Rancheria.
In 1958, Congress enacted the California Rancheria Act (Act of August 18, 1958, 72 Stat. 619,
as amended by the Act of August 11, 1964, 78 State. 390) which implemented the United States’
termination policy and eliminated the United States’ trust relationship with the Cloverdale Rancheria.
On September 3, 1959, the Plan for the Distribution of the Assets of the Cloverdale Rancheria
provided for the allotment of the former Cloverdale Rancheria into five parcels for individual
distributees, and two parcels to be held in common for the Tribal cemetery and community well.
As a result of termination, almost all of the Tribe’s lands passed into non-Indian or State ownership.
Soon after the distribution was effected, a portion of the western side of the former Cloverdale
Rancheria was sold to the State of California for the construction of State Highway 101. In 1991,
the State acquired an additional portion on the eastern side of the former reservation for a bypass
to Highway 101. In 1983, the Cloverdale Rancheria was restored to federally-recognized status
pursuant to a stipulated judgment entered in Hardwick vs. United States (No. C-79-1710-SW; N.D.
Calif. Dec. 22, 1983). The U.S. District Court for the Northern District of California determined that
the Cloverdale Rancheria was illegally terminated in 1965 pursuant to the terms of the California
Rancheria Act. The United States has acquired no land for the benefit of the Cloverdale Rancheria
of Pomo Indians since termination, thus the Tribe remains a “landless” Indian tribe. Bringing the
project site into trust would restore this lost trust land base in addition to fulfilling several other
needs of the Tribe.
One of the Tribe’s objectives is to generate income that will enable the Tribal government to
better address the needs of the Tribal membership and those of future generations. A sustained
revenue base would provide funding for Tribal government operations and programs, thereby
strengthening the self-sufficiency of the Tribe.
There are currently 498 Tribal members of the Cloverdale Rancheria and most reside within a 50-mile
radius of the City of Cloverdale. In 2005, the Tribe had an unemployment rate of 28 percent and the
Cloverdale Rancheria Fee-to-Trust and Resort Casino Project
Draft EIS
1-7
ESA / 207737
August 2010
1.0 Purpose and Need
percentage of employed Tribal members below poverty guidelines was 47 percent (BIA, 2005).
Increased revenue and job opportunities from the project would improve the socioeconomic
condition of Tribal members and reduce dependence on public assistance programs.
In addition to the trust application, the Tribe has requested approval of a gaming management
contract with a development/management company. The management contract is needed as the
Tribe alone cannot secure the necessary financing to develop a resort and casino project and lacks
the necessary expertise to manage a resort and casino project. Management contracts are consistent
with the IGRA and reviewed by the NIGC prior to approval.
1.4 Overview of the Environmental Review Process
The CEQ regulations for implementing NEPA require a process referred to as “scoping” for
determining the range of issues to be addressed during the environmental review of a proposed
action (40 C.F.R § 1501.7). The BIA published a Notice of Intent (NOI) in the Federal Register
on July 7, 2008. The NOI provided a thirty-day comment period for which comments and concerns
on the scope and implementation of the Draft EIS could be submitted. The NOI was also published
in two local newspapers, the Press Democrat2 and Cloverdale Reveille3. The NOI was published in
the Press Democrat on July 11, 19, and 27, 2008 and in the Cloverdale Reveille on July 16, 23, and
30, 2008. These notices summarized the Proposed Action and project location and provided details
on the public comment period and public scoping meeting. A public scoping meeting was held
at the Cloverdale Citrus Fairgrounds on July 30, 2008. The Scoping Report was published November
2008 (ESA, 2008). This Draft EIS has incorporated the issues and concerns summarized within
the Scoping Report. The Tribe, NIGC, EPA, Caltrans, Sonoma County, and City of Cloverdale
were identified as cooperating agencies during the scoping process.
The Draft EIS will be distributed to federal, tribal, state, and local agencies and other interested parties
for a review and comment period. The review and comment period begins after the Notice of Filing
with the EPA in the Federal Register. The review and comment period, time and location of the public
hearing(s), and contact details for additional information from the lead agency are included on the
Notice of Availability (NOA), which will be printed in local papers.
The responses to substantive comments will be included in the Final EIS along with any changes
that are made in the Draft EIS as a result of review and revision. As with the Draft EIS, the Final
EIS will be filed with the EPA and distributed upon completion. An NOA will be printed in local
papers and the Final EIS will be available for public review for 30 days. After the 30-day review
period, the BIA may decide on the Proposed Action and publish a Record of Decision (ROD).
The ROD will state what decision was made, identify the alternatives considered in reaching the
decision and discuss preferences among alternatives based on relevant factors including economic
and technical considerations and the BIA’s statutory mission. The ROD also identifies and discusses
all such factors that were considered in making the decision and discusses whether all practicable
mitigation measures have been adopted to minimize environmental effects.
2 Daily circulation in City of Santa Rosa, California and County of Sonoma, California.
3 Weekly circulation in City of Cloverdale, California.
Cloverdale Rancheria Fee-to-Trust and Resort Casino Project
Draft EIS
1-8
ESA / 207737
August 2010
1.0 Purpose and Need
References
Adobe Associates, Inc., 2009. ALTA/ACSM Land Title Survey. Santa Rosa, California.
ESA, 2008. Cloverdale Rancheria of Pomo Indians Fee-to-Trust and Resort Casino Project
Scoping Report. Sacramento, California. November 2008.
BIA, 2005. American Indian Population and Labor Force Report. United States Department of
the Interior Bureau of Indian Affairs, Office of Indian Services. Available online at:
<http://www.doi.gov/bia/labor.html>.
Cloverdale Rancheria Fee-to-Trust and Resort Casino Project
Draft EIS
1-9
ESA / 207737
August 2010