Final Environmental Impact Statement (FEIS) for the Proposed Los Coyotes Band of Cahuilla and Cupeňo Indians 23-Acre Fee-to-Trust Transfer and Casino-Hotel Project, City of Barstow, San Bernardino County, California, 21948-21949 [2014-08515]

Download as PDF 21948 Federal Register / Vol. 79, No. 75 / Friday, April 18, 2014 / Notices been concluded that geothermal, hydroelectric, solar, wind, and biomass technologies do not present feasible alternatives to the DVR. For the above reasons, the various alternatives to power delivery for Silicon Valley Power’s customers were rejected. mstockstill on DSK4VPTVN1PROD with NOTICES Proposed Action Under the Proposed Action Alternative, we would issue an incidental take permit for the applicant’s proposed project, which includes the activities described above. The Proposed Action Alternative would result in an estimated permanent loss through indirect effects to 40 acres of grassland habitat for the Bay checkerspot butterfly, Santa Clara Valley dudleya, Metcalf Canyon jewelflower, Coyote ceanothus, and Tiburon paintbrush. To mitigate for these effects, the applicant proposes to protect, enhance, and manage in perpetuity 40 acres of nearby serpentine grassland. National Environmental Policy Act As described in our EAS, we have made the preliminary determination that approval of the proposed Plan and issuance of the permit would qualify as a categorical exclusion under NEPA (42 U.S.C. 4321 et seq.), as provided by NEPA implementing regulations in the Code of Federal Regulations (40 CFR 1500.5(k), 1507.3(b)(2), 1508.4), by Department of Interior regulations (43 CFR 46.205, 46.210, 46.215), and by the Department of the Interior Manual (516 DM 3 and 516 DM 8). Our EAS found that the proposed HCP qualifies as a ‘‘low-effect’’ habitat conservation plan, as defined by our ‘‘Habitat Conservation Planning and Incidental Take Permitting Process Handbook’’ (November 1996). Determination of whether a habitat conservation plan qualifies as low effect is based on the following three criteria: (1) Implementation of the proposed HCP would result in minor or negligible effects on federally listed, proposed, and candidate species and their habitats; (2) implementation of the proposed plan would result in minor or negligible effects on other environmental values or resources; and (3) impacts of the HCP, considered together with the impacts of other past, present, and reasonably foreseeable projects, would not result, over time, in cumulative effects to environmental values or resources that would be considered significant. Based upon the preliminary determinations in the EAS, we do not intend to prepare further NEPA documentation. We will consider public comments when making the final determination on whether to VerDate Mar<15>2010 16:54 Apr 17, 2014 Jkt 232001 prepare an additional NEPA document on the proposed action. Public Comments We request data, comments, new information, or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party on this notice. We particularly seek comments on the following: (1) Biological information concerning the species; (2) Relevant data concerning the species; (3) Additional information concerning the range, distribution, population size, and population trends of the species; (4) Current or planned activities in the subject area and their possible impacts on the species; and (5) Identification of any other environmental issues that should be considered with regard to the proposed DVR operations and permit action. You may submit your comments and materials by one of the methods listed above in ADDRESSES. Comments and materials we receive, as well as supporting documentation we used in preparing the EAS, will be available for public inspection by appointment, during normal business hours, at our office (see FOR FURTHER INFORMATION CONTACT). Public Availability of Comments Before including your address, phone number, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—might be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Next Steps We will evaluate the permit application, including the HCP, and comments we receive to determine whether the application meets the requirements of section 10(a) of the Act. If the requirements are met, we will issue a permit to the applicant for the incidental take of the Bay checkerspot butterfly from the implementation of the covered activities described in the LowEffect Habitat Conservation Plan for the Bay Checkerspot Butterfly and Serpentine Grasslands, City of Santa Clara, Santa Clara County, California. We will make the final permit decision no sooner than 30 days after publication of this notice in the Federal Register. PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 Authority We publish this notice under the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.; NEPA), and its implementing regulations in the Code of Federal Regulations (CFR) at 40 CFR 1500–1508, as well as in compliance with section 10(c) of the Endangered Species Act (16 U.S.C. 1531 et seq.; Act). Dated: April 14, 2014. Jennifer M. Norris, Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento, California. [FR Doc. 2014–08851 Filed 4–17–14; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [AAK6006201 145A2100DD A0R3B3030.999900] Final Environmental Impact Statement (FEIS) for the Proposed Los Coyotes ˇ Band of Cahuilla and Cupeno Indians 23-Acre Fee-to-Trust Transfer and Casino-Hotel Project, City of Barstow, San Bernardino County, California Bureau of Indian Affairs, Interior. ACTION: Notice of Availability. AGENCY: This notice advises the public that the Bureau of Indian Affairs (BIA) as lead agency, with the Los Coyotes ˇ Band of Cahuilla and Cupeno Indians, National Indian Gaming Commission (NIGC), U.S. Environmental Protection Agency (EPA), and the City of Barstow serving as cooperating agencies, intends to file a FEIS with the EPA for the Los ˇ Coyotes Band of Cahuilla and Cupeno Indians Fee-to-Trust and Casino-Hotel Project proposed to be located within the City of Barstow, San Bernardino County, California, and that the FEIS is now available for public review. DATES: The Record of Decision (ROD) on the proposed action will be issued on or after 30 days from the date the EPA publishes its Notice of Availability in the Federal Register. Any comments on the FEIS must arrive on or before 30 days following the date the EPA publishes its Notice of Availability in the Federal Register. ADDRESSES: You may mail or handdeliver written comments to Amy Dutschke, Regional Director, Pacific Regional Office, Bureau of Indian Affairs, 2800 Cottage Way, Sacramento, California 95825. FOR FURTHER INFORMATION CONTACT: John Rydzik, Bureau of Indian Affairs, Pacific Regional Office, 2800 Cottage Way, SUMMARY: E:\FR\FM\18APN1.SGM 18APN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 75 / Friday, April 18, 2014 / Notices Sacramento, California 95825. Telephone: (916) 978–6051. SUPPLEMENTARY INFORMATION: The Los ˇ Coyotes Band of Cahuilla and Cupeno Indians has requested that the BIA take into trust 23 acres of land on which the Tribe proposes to construct a gaming facility, hotel, parking areas and other facilities. The approximately 23-acre project site is located within the incorporated boundaries of the City of Barstow, San Bernardino County, California, just east of Interstate 15. Because this request is for land to be taken into trust for gaming purposes, the Los Coyotes Band of Cahuilla and ˇ Cupeno Indians has submitted an application under the Indian Reorganization Act (25 U.S.C. 465 et seq. as implemented in 25 CFR part 151) and seeks a determination of gaming eligibility under the Indian Gaming Regulatory Act (25 U.S.C. 2719 et seq. as implemented in 25 CFR part 292). The FEIS supports both actions. The proposed project includes the development of a casino with approximately 57,070 square feet of gaming floor. Associated facilities would include food and beverage services, retail space, banquet/meeting space, and administration space. Food and beverage facilities would include one full service restaurant, a ‘‘Drive-in’’ restaurant, a food court with four venues, a coffee shop, three service bars, and a lounge. The hotel would have approximately 100 rooms and a full service restaurant. Both the gaming facility and the hotel would be open 24 hours a day, seven days a week. A total of 1,405 parking spaces would be provided. The following alternatives are considered in the FEIS: (A) Barstow casino and hotel complex project, (B) Barstow Reduced Casino Hotel Complex (Proposed Project described above), (C) a reduced intensity casino at a 19-acre site within the Los Coyotes Reservation, (D) a non-gaming alternative, specifically the development of a campground facility within the Los Coyotes Reservation, and (E) a no-action alternative. Alternative B has been identified as the Tribe’s Preferred Alternative, as discussed in the FEIS. The information and analysis contained in the EIS, as well as its evaluation and assessment of the Tribe’s Preferred Alternative, are intended to assist the Department of the Interior (Department) in its review of the issues presented in the fee-to-trust application. The Preferred Alternative does not necessarily reflect the Department’s final decision because the Department must further evaluate all of the criteria VerDate Mar<15>2010 16:54 Apr 17, 2014 Jkt 232001 listed in 25 CFR part 151 and 25 CFR part 292. The Department’s consideration and analysis of the applicable regulations may lead to a final decision that selects an alternative other than the Preferred Alternative, including no action, or a variant of the Preferred or another of the alternatives analyzed in the FEIS. Environmental issues addressed in the FEIS include land resources, water resources, air quality, biological resources, cultural resources, socioeconomic conditions, environmental justice, transportation, land use, agriculture, public services, noise, hazardous materials, visual resources, cumulative effects, indirect effects, growth inducing effects and mitigation measures. A public scoping meeting for the DEIS was held by the BIA on May 4, 2006 at the Barstow Community College Gymnasium in Barstow, California. A Notice of Availability for the Draft EIS was published in the Federal Register on June 28, 2011 (76 FR 38677), and announced a 45 day review period ending on September 14, 2011. The BIA held a public hearing on the Draft EIS on July 27, 2011 in Barstow, California. Directions for Submitting Comments: Please include your name, return address, and the caption, ‘‘FEIS Comments, Los Coyotes Band of ˇ Cahuilla and Cupeno Indians Fee-toTrust and Casino-Hotel Project,’’ on the first page of your written comments. Locations Where the FEIS is Available for Review: The FEIS will be available for review at the San Bernardino County Public Library- Barstow Branch, 304 East Buena Vista, Barstow, CA 92311; and the San Diego County Public Library-Borrego Springs, 587 Palm Canyon, #125, Borrego Springs, CA 92004. General information for the San Bernardino County Public Library— Barstow Branch can be obtained by calling (760) 256–4850; information for the San Diego County Public LibraryBorrego Springs can be obtained by calling (760) 767–5761. The FEIS is also available on the following Web site: http://www.loscoyoteseis.com. To obtain a compact disk copy of the FEIS, please provide your name and address in writing to John Rydzik, Chief, Division of Environmental Cultural Resources Management and Safety listed in the FOR FURTHER INFORMATION CONTACT section of this notice or by email to john.rydzik@bia.gov. Individual paper copies of the FEIS can also be provided upon payment of applicable printing expenses by the requestor for the number of copies requested. Public Comment Availability: Comments, including names and PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 21949 addresses of respondents, will be available for public review at the BIA mailing address shown in the ADDRESSES section of this notice, during regular business hours, 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. Before including your address, telephone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information— may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Authority: This notice is published pursuant to Sec. 1503.1 of the Council of Environmental Quality Regulations (40 CFR parts 1500 through 1508) and Sec. 46.305 of the Department of Interior Regulations (43 CFR part 46), implementing the procedural requirements of the NEPA of 1969, as amended (42 U.S.C. 4371, et seq.), and is in the exercise of authority delegated to the Assistant Secretary—Indian Affairs by 209 DM 8. Dated: April 8, 2014. Kevin K. Washburn, Assistant Secretary—Indian Affairs. [FR Doc. 2014–08515 Filed 4–17–14; 8:45 am] BILLING CODE 4310–W7–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [K00621 1314 R3B30] Final Environmental Impact Statement for the Cloverdale Rancheria of Pomo Indians’ Proposed 65-Acre Fee-toTrust Acquisition and Resort Casino Project, Sonoma County, California Bureau of Indian Affairs, Interior. ACTION: Notice of Availability. AGENCY: This notice advises the public that the Bureau of Indian Affairs (BIA) as lead agency, with the Cloverdale Rancheria of Pomo Indians (Tribe), National Indian Gaming Commission, Environmental Protection Agency (EPA), California Department of Transportation (Caltrans), Sonoma County, and City of Cloverdale as cooperating agencies, intends to file a final environmental impact statement (FEIS) with the EPA for the Tribe’s application requesting that the United States acquire land in trust within Sonoma County, California, and that the FEIS is now available for public review. DATES: The Record of Decision on the proposed action will be issued on or SUMMARY: E:\FR\FM\18APN1.SGM 18APN1

Agencies

[Federal Register Volume 79, Number 75 (Friday, April 18, 2014)]
[Notices]
[Pages 21948-21949]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08515]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[AAK6006201 145A2100DD A0R3B3030.999900]


Final Environmental Impact Statement (FEIS) for the Proposed Los 
Coyotes Band of Cahuilla and Cupe[ncaron]o Indians 23-Acre Fee-to-Trust 
Transfer and Casino-Hotel Project, City of Barstow, San Bernardino 
County, California

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of Availability.

-----------------------------------------------------------------------

SUMMARY: This notice advises the public that the Bureau of Indian 
Affairs (BIA) as lead agency, with the Los Coyotes Band of Cahuilla and 
Cupe[ncaron]o Indians, National Indian Gaming Commission (NIGC), U.S. 
Environmental Protection Agency (EPA), and the City of Barstow serving 
as cooperating agencies, intends to file a FEIS with the EPA for the 
Los Coyotes Band of Cahuilla and Cupe[ncaron]o Indians Fee-to-Trust and 
Casino-Hotel Project proposed to be located within the City of Barstow, 
San Bernardino County, California, and that the FEIS is now available 
for public review.

DATES: The Record of Decision (ROD) on the proposed action will be 
issued on or after 30 days from the date the EPA publishes its Notice 
of Availability in the Federal Register. Any comments on the FEIS must 
arrive on or before 30 days following the date the EPA publishes its 
Notice of Availability in the Federal Register.

ADDRESSES: You may mail or hand-deliver written comments to Amy 
Dutschke, Regional Director, Pacific Regional Office, Bureau of Indian 
Affairs, 2800 Cottage Way, Sacramento, California 95825.

FOR FURTHER INFORMATION CONTACT: John Rydzik, Bureau of Indian Affairs, 
Pacific Regional Office, 2800 Cottage Way,

[[Page 21949]]

Sacramento, California 95825. Telephone: (916) 978-6051.

SUPPLEMENTARY INFORMATION: The Los Coyotes Band of Cahuilla and 
Cupe[ncaron]o Indians has requested that the BIA take into trust 23 
acres of land on which the Tribe proposes to construct a gaming 
facility, hotel, parking areas and other facilities. The approximately 
23-acre project site is located within the incorporated boundaries of 
the City of Barstow, San Bernardino County, California, just east of 
Interstate 15. Because this request is for land to be taken into trust 
for gaming purposes, the Los Coyotes Band of Cahuilla and Cupe[ncaron]o 
Indians has submitted an application under the Indian Reorganization 
Act (25 U.S.C. 465 et seq. as implemented in 25 CFR part 151) and seeks 
a determination of gaming eligibility under the Indian Gaming 
Regulatory Act (25 U.S.C. 2719 et seq. as implemented in 25 CFR part 
292). The FEIS supports both actions.
    The proposed project includes the development of a casino with 
approximately 57,070 square feet of gaming floor. Associated facilities 
would include food and beverage services, retail space, banquet/meeting 
space, and administration space. Food and beverage facilities would 
include one full service restaurant, a ``Drive-in'' restaurant, a food 
court with four venues, a coffee shop, three service bars, and a 
lounge. The hotel would have approximately 100 rooms and a full service 
restaurant. Both the gaming facility and the hotel would be open 24 
hours a day, seven days a week. A total of 1,405 parking spaces would 
be provided.
    The following alternatives are considered in the FEIS: (A) Barstow 
casino and hotel complex project, (B) Barstow Reduced Casino Hotel 
Complex (Proposed Project described above), (C) a reduced intensity 
casino at a 19-acre site within the Los Coyotes Reservation, (D) a non-
gaming alternative, specifically the development of a campground 
facility within the Los Coyotes Reservation, and (E) a no-action 
alternative. Alternative B has been identified as the Tribe's Preferred 
Alternative, as discussed in the FEIS. The information and analysis 
contained in the EIS, as well as its evaluation and assessment of the 
Tribe's Preferred Alternative, are intended to assist the Department of 
the Interior (Department) in its review of the issues presented in the 
fee-to-trust application. The Preferred Alternative does not 
necessarily reflect the Department's final decision because the 
Department must further evaluate all of the criteria listed in 25 CFR 
part 151 and 25 CFR part 292. The Department's consideration and 
analysis of the applicable regulations may lead to a final decision 
that selects an alternative other than the Preferred Alternative, 
including no action, or a variant of the Preferred or another of the 
alternatives analyzed in the FEIS.
    Environmental issues addressed in the FEIS include land resources, 
water resources, air quality, biological resources, cultural resources, 
socioeconomic conditions, environmental justice, transportation, land 
use, agriculture, public services, noise, hazardous materials, visual 
resources, cumulative effects, indirect effects, growth inducing 
effects and mitigation measures.
    A public scoping meeting for the DEIS was held by the BIA on May 4, 
2006 at the Barstow Community College Gymnasium in Barstow, California. 
A Notice of Availability for the Draft EIS was published in the Federal 
Register on June 28, 2011 (76 FR 38677), and announced a 45 day review 
period ending on September 14, 2011. The BIA held a public hearing on 
the Draft EIS on July 27, 2011 in Barstow, California.
    Directions for Submitting Comments: Please include your name, 
return address, and the caption, ``FEIS Comments, Los Coyotes Band of 
Cahuilla and Cupe[ncaron]o Indians Fee-to-Trust and Casino-Hotel 
Project,'' on the first page of your written comments.
    Locations Where the FEIS is Available for Review: The FEIS will be 
available for review at the San Bernardino County Public Library- 
Barstow Branch, 304 East Buena Vista, Barstow, CA 92311; and the San 
Diego County Public Library-Borrego Springs, 587 Palm Canyon, 
125, Borrego Springs, CA 92004. General information for the 
San Bernardino County Public Library--Barstow Branch can be obtained by 
calling (760) 256-4850; information for the San Diego County Public 
Library- Borrego Springs can be obtained by calling (760) 767-5761. The 
FEIS is also available on the following Web site: http://www.loscoyoteseis.com.
    To obtain a compact disk copy of the FEIS, please provide your name 
and address in writing to John Rydzik, Chief, Division of Environmental 
Cultural Resources Management and Safety listed in the FOR FURTHER 
INFORMATION CONTACT section of this notice or by email to 
john.rydzik@bia.gov. Individual paper copies of the FEIS can also be 
provided upon payment of applicable printing expenses by the requestor 
for the number of copies requested.
    Public Comment Availability: Comments, including names and 
addresses of respondents, will be available for public review at the 
BIA mailing address shown in the ADDRESSES section of this notice, 
during regular business hours, 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. Before including your address, telephone 
number, email address, or other personal identifying information in 
your comment, you should be aware that your entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you can ask us in your comment to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

    Authority: This notice is published pursuant to Sec. 1503.1 of 
the Council of Environmental Quality Regulations (40 CFR parts 1500 
through 1508) and Sec. 46.305 of the Department of Interior 
Regulations (43 CFR part 46), implementing the procedural 
requirements of the NEPA of 1969, as amended (42 U.S.C. 4371, et 
seq.), and is in the exercise of authority delegated to the 
Assistant Secretary--Indian Affairs by 209 DM 8.

    Dated: April 8, 2014.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
[FR Doc. 2014-08515 Filed 4-17-14; 8:45 am]
BILLING CODE 4310-W7-P