SECTION 1.0 Purpose and Need - Cloverdale Rancheria … 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

Cloverdale Rancheria Fee-to-Trust and Resort Casino Project 1-1 ESA / 207737 Draft EIS August 2010

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.

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 1-1PROJECT 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

Russian River

Lakeport

Kelseyvi l le

Clear Lake

MENDOCINO

SONOMA

LAKE

SONOMA

LakeSonoma Geyserv i l le

Healdsburg

Guernevi l le

Windsor

CLOVERDALE

Russian River

101

Lakeport

Kelseyvi l le

Clear Lake

MENDOCINO

SONOMA

LAKE

SONOMA

LakeSonoma Geyserv i l le

Healdsburg

Guernevi l le

Windsor

1

128

29

101

128

PROJECT SITEPROJECT SITE

0 5

Miles

SONOMACOUNTY

Cloverdale Rancheria Resort Casino Project EIS . 207737

Figure 1-1Regional Location

SOURCE: ESRI, 2006; and ESA, 2008

CLOVERDALE

Cloverdale Boulevard

Crocker Road

Kel ly

Roa

d

Asti Road

River Lane

Geysers

Northwe stern Pac i f ic Rai lroad

Russian River

101

Project Site

0 2000

Feet

SOURCE: ESRI, 2006; and ESA, 2008 Figure 1-2Project Site and Vicinity


Ru s s i a n R

i v e r

P o r t e r f i e l d C r e e k

C o y o t e C r e e k

Li le Lane

Asti Road

Santana Dr ive

L i le Lane

Asti Road

101

Santana Dr ive

Ru s s i a n R

i v e r

P o r t e r f i e l d C r e e k

C o y o t e C r e e k

116-310-039

116-310-040

116-310-035

116-310-044

116-310-005

116-310-020

116-310-039

116-310-040

116-310-035

116-310-044

116-310-005

116-310-020

Northwestern Paci f ic Ra i l road

Northwestern Paci f ic Ra i l road

P ro jec t S i te Parce ls

0 500

Feet

SOURCE: NAIP, 2006; GlobeXplorer, 2007; and ESA, 2008 Figure 1-3Aerial Photograph


101

Project Site

0 2000

Feet

SOURCE: USGS Topographic Quadrangles, 1960; Sonoma County, 2001; and ESA, 2008 Figure 1-4Historical Topographic Map




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



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.



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>.

Documents

SECTION 1.0 Purpose and Need - Cloverdale Rancheria … 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