FINDING OF NO SIGNIFICANT IMPACT FOR THE PROPOSED

FINDING OF NO SIGNIFICANT IMPACT FOR THE PROPOSED

TRINIDAD RANCHERIA ECONOMIC DEVELOPMENT CORPORATION

HOTEL PROJECT

AGENCY

Bureau of Indian Affairs

ACTIONS

Finding of No Significant Impact

SUMMARY

The Trinidad Rancheria Economic Development Corporation (TREDC) requested, on behalf of the

Cher-Ae Heights Indian Community of the Trinidad Rancheria (Tribe), for an Indian Loan Guarantee

by Office of Indian Energy and Economic Development (IEED): Division of Capital Investment (DCI)

for capital to build a Hotel adjacent to the Tribe’s Casino on the Rancheria; and the approval by the

Bureau of Indian Affairs (BIA) of a business lease between the Tribe and TREDC to operate the Hotel.

Combined, these two approvals represent the Proposed Action. The project site is located west of

Highway 101, adjacent to the City of Trinidad (approximately 0.75 miles southeast of downtown

Trinidad) in Humboldt County. The project site is located in Section 25 of the Trinidad, CA U.S.

Geological Survey (USGS) quadrangle in Township 8 North and Range 1 West.

Based upon the entire administrative record including the analysis in the Environmental Assessment

(EA), Final EA, and consideration of comments received during the public review period, the BIA

makes a Finding of No Significant Impact (FONSI) for the federal action to build a Hotel adjacent to

the Tribe’s Casino on the Rancheria; and the approval by the BIA of a business lease between the

Tribe and TREDC to operate the Hotel subsequent implementation of Alternative A (Proposed

Project). This finding constitutes a determination that the Proposed Action is not a federal action

significantly affecting the quality of the human environment. Therefore, an Environmental Impact

Statement (EIS) is not required. Comment letters received on the EA are provided as Exhibit A.

Responses to each comment letter received are provided as Exhibit B. A Mitigation Monitoring and

Enforcement Program is provided as Exhibit C.

BACKGROUND

The Cher-Ae Heights Indian Community of the Trinidad Rancheria is a federally recognized Indian

Tribe with ancestral ties to the Yurok, Wiyot, Tolowa, Chetco, Karuk, and Hupa peoples. The

Rancheria is located on a coastal bluff west of U.S. Highway 101 (HWY-101), just south of the town of

Trinidad, CA. The Tribe’s culture, including but not limited to traditional and customary fishing and

gathering, is inextricably tied to the land and marine resources found within the traditional homeland,

which is defined as a 20-mile area of interest and concern surrounding the Tribe’s lands. The Tribe has

made a significant investment to revitalize the local economy and preserve the Tribe’s cultural heritage

and has developed a model that advances economic development and stewardship.

An EA for the Proposed Action (SCH #201894002) was submitted to the State Clearinghouse and

released for public and agency review for a 30-day comment period, established consistent with Section

6.2 of the Bureau of Indian Affairs National Environmental Policy Act (NEPA) Guidebook (59 IAM 3H) (BIA NEPA Guidebook), noticed to end on October 22, 2018. The BIA received a total of 60

comment letters.

Based on the results of the EA and assessment conducted by qualified biologists, the BIA has

determined that pursuant to Section 7 of the Endangered Species Act of 1979, the Proposed Action

would have No Effect on special status species as the project site is currently developed as back of

house and circulation for the existing casino building. Accordingly, consultation with the U.S. Fish and

Wildlife Service is not required.

On January 31, 2020 the BIA initiated consultation with the Tribal Historic Preservation Officer

(THPO) pursuant to Section 106 of the National Historic Preservation Act of 1966. On February 4,

2020 the BIA received concurrence from the THPO that implementation of the proposed Project would

result in “No Historic Properties Affected” pursuant to 36 CFR Part 800.4(d)(1) “Protection of Historic

Properties”(Exhibit D).

On February 11, 2019 the BIA submitted a Coastal Consistency Determination in compliance with 15

CFR, Section 930.35 (a). Accordingly, it was the BIA's determination that the Proposed Federal Action

would be consistent with Chapter 3, Article 2 through 6 of the California Coastal Act of 1976. The

February letter detailed the specific provisions of Chapter 3, Articles 2 through 6 of the California

Coastal Act of 1976 (CCA) and illustrated how the Proposed Action complies with the CCA, in order to

make a Federal Consistency Determination.

The BIA and Tribe engaged in many discussions with the Coastal Commission, some of which led to

additional analysis and changes to the project. The federal consistency determination was addressed at

the August 9th, 2019 Coastal Commission Hearing in Eureka. After deliberation the Coastal

Commission concurred with the BIA’s consistency determination by a vote of 8 to 3, with a condition

that the Tribe secure a consistent water source that would not adversely impact surrounding water

supply. As discussed in the Final EA, the Tribe has identified additional sources of water to meet

potable water demands meeting the requirements for the Coastal Commission’s conditional approval.

To determine if the Proposed Action is a federal action significantly affecting the quality of the human

environment, the BIA assessed the results of the EA, Final EA (Exhibit E), as well as the comments

received during the public review period for both documents consistent with the policies and goals of

NEPA and the BIA NEPA Guidebook. “Based on the TREDC EA dated April 2018, and Final

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EA dated January 2020 it has been determined that the proposed action will not have a

significant impact on the quality of the human environment, therefore, an environmental

impact statement is not required.”

DESCRIPTION OF THE PROPOSED ACTION

The Proposed Project consists of developing a 100-room Hotel and accessory components such as a

porte-cochere, meeting rooms/conference rooms, lobby, fitness center, and pool. The development

footprint of the Hotel and components would be approximately 0.40 acres, all within existing

developed/paved areas to the south and west of the existing Casino.

The Proposed Action consists of the guarantee of a loan by DCI to the Tribe’s lender in accordance

with 25 Code of Federal Regulations (CFR) Part 162 Residential, Business, and Wind and Solar

Resource Leases on Indian Lands; and approval of a business lease agreement between the Tribe and

TREDC by the BIA for the operation of the Hotel.

The existing Cher-Ae Heights Casino provides a consistent revenue stream that has improved the

socioeconomic status of the Tribe, allowing for development of programs and services that have

resulted in reduced poverty and unemployment. Implementation of the Proposed Action would assist

the Tribe in meeting the following project objectives:

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Maintain the socioeconomic status of the Tribe by providing an augmented revenue source that

could be used to strengthen the tribal government; fund a variety of social, governmental,

administrative, education, health, and welfare services to improve the quality of life of tribal

members; and to provide capital for other economic development and investment opportunities.

Create new jobs for both tribal and non-tribal members.

Reduce visitor trips on local roadways by providing additional overnight accommodations.

Provide additional amenities to existing patrons and allow the target market to expand to

nonresidential clients.

Allow tribal members to enhance their economic self-sufficiency.

The Proposed Action and subsequent Proposed Project would ensure that the Tribe continues to

maintain a long-term, viable, and sustainable revenue base and allow the Tribe to continue to compete

with other gaming and tourist attraction venues in the region. Increased revenues from the Hotel would

be used for at least, but are not limited to, the following purposes:

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Funding governmental programs and services, including housing, educational, environmental,

health, and safety programs and services.

Hiring additional staff, upgrading equipment and facilities, and generally improving

governmental operations.

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Decreasing the Tribal members’ dependence on federal and State grants and assistance

programs.

Donating to charitable organizations and governmental operations, including local educational

institutions.

Funding local governmental agencies, programs, and services.

Providing capital for other economic development and investment opportunities, allowing the

Tribe to diversify its holdings over time.

Operation of the Hotel as described in the Proposed Project would require the purchase of goods and

services, increasing opportunities for local businesses and stimulating the local economy.

ALTERNATIVES CONSIDERED

The BIA considered two alternatives in the EA, as summarized below.

1) Alternative A – Proposed Project. The Tribe proposes to develop a five-story, 100-room

Hotel, and accessory components on the south and east side of the existing Casino (Figure 22). A mix of studios, double, queen, and king bedrooms are proposed, along with one

penthouse suite. The Hotel would include 1,552 square feet of meeting space divided into two

separate areas, both in the southwest corner of the existing Casino. The additional facilities

include a business center, fitness room, café/bar, lounge, rooftop event space, and indoor pool.

A porte-cochere along the eastern side of the existing Casino would provide a covered vehicle

entrance for arriving guests. As part of the franchise agreement, Hyatt would provide the

design standards for the Hotel to ensure development is commensurate with Hyatt standards

and the Tribe’s culture.

2) No Action Alternative. Under the No-Action Alternative, DCI and the BIA would not

approve the requested actions. Accordingly, without the guaranteed loan, it is highly unlikely

that the Tribe could secure the loan necessary to develop the Hotel. Additionally, without the

lease agreement, the costs associated with having to independently design and operate the Hotel

would render implementation infeasible for the Tribe. Accordingly, the Hotel and accessory

components would not be developed as identified for the benefit of the Tribe under Alternative

A. For the purposes of the environmental analysis in this EA, it is assumed that, due to the

economic considerations for operating the existing Casino by the Tribe, the property would

continue to be utilized in its current state for back of house access to the existing Casino with

no additional facilities constructed under this alternative.

ENVIRONMENTAL IMPACTS

Potential impacts to land resources, water resources, air quality, biological resources, cultural resources,

socioeconomic conditions and environmental justice, transportation and circulation, land use,

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agriculture, public services, noise, hazardous materials, and visual resources were evaluated in the EA

for Alternative A with the following conclusions:

A. Project design and mitigation measures would ensure impacts to land resources would be less

than significant. Refer to EA Sections 3.1.5 and Appendix B.

B. Project design and implementation of BMPs presented in Appendix C as mitigation measures

would ensure impacts to water resources would be less than significant. The onsite

wastewater system is currently in permit compliance and the additional peak daily flow would

not cause the existing system to operate under upset conditions. Refer to EA Sections 3.2.4 and

3.2.5.

C. Project design and implementation of BMPs would ensure impacts to air quality would be less

than significant. Refer to EA Section 3.3.4.

D. Project design and implementation of mitigation measures would ensure impacts to biological

resources would be less than significant. Refer to EA Sections 3.4.4 and 3.4.5.

E. Implementation of mitigation measures would ensure impacts to cultural resources would be

less than significant. Refer to EA Sections 3.5.4 and 3.5.5.

F. Impacts to socioeconomic conditions and environmental justice issues would be less than

significant. Refer to EA Sections 3.6.3 and 3.6.4.

G. Impacts to transportation and circulation would be less than significant. Refer to EA Section

3.7.2. Cumulative impacts would be reduced through mitigation.

H. Impacts to land use resources would be less than significant. Refer to EA Sections 3.8.1.

I. Impacts to agriculture would be less than significant. Refer to EA Sections 3.9.1.

J. Impacts to public services would be less than significant with the BMPs included in Appendix

C. Refer to EA Sections 3.10.7.

K. Implementation of mitigation measures would ensure impacts associated with noise would be

less than significant. Refer to EA Sections 3.12.3 and 3.12.4.

L. Project design and implementation of BMPs would ensure that hazardous materials impacts

would be less than significant. Refer to EA Sections 3.12.2 and 3.12.3.

M. Project design and implementation of BMPs would ensure impacts to visual resources would

be less than significant. Refer to EA Sections 3.13.2 and 3.13.3.

N. Project design and implementation of BMPs would ensure that cumulative impacts, including

transportation, would be less than significant. Refer to EA section 4.1.7.

BEST MANAGEMENT PRACTICES

Protective measures and BMPs have been incorporated in the project design of the Proposed Project to

eliminate or substantially reduce environmental impacts. These measures and BMPs are listed below:

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PROTECTIVE MEASURES AND BMPS FOR ALTERNATIVES A

Water Resources

The project site development footprint is under one acre (approximately 0.40 acres) and coverage under

the General Construction National Pollutant Discharge Elimination System (NPDES) permit is not

required and therefore a Stormwater Pollution Prevention Plan (SWPPP) is not required. However, to

further reduce construction impacts from construction, Best Management Practices (BMPs) shall be

implemented as necessary. BMPs shall be inspected, maintained, and repaired to assure continued

performance of their intended function. BMPs shall be chosen to best suit the site and the activities that

occur. Construction BMPs may include, but are not limited to, the following:

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Stripped areas shall be stabilized through temporary seeding using dryland grasses.

Exposed stockpiled soils shall be covered with plastic covering to prevent wind and rain

erosion.

The construction entrance shall be stabilized by the use of riprap, crushed gravel, or other such

materials to prevent the track-out of dirt and mud.

Construction roadways shall be stabilized using frequent watering, stabilizing chemical

application, or physical covering of gravel or riprap.

Filter fences shall be erected at all on-site stormwater exit points and along the edge of graded

areas to stabilized non-graded areas and control siltation of on-site stormwater.

Prior to land-disturbing activities, the clearing and grading limits shall be marked clearly, both

in the field and on the plans. This can be done using construction fences or by creating buffer

zones.

Concentrated flows create high potential for erosion; therefore, any slopes shall be protected

from concentration flow. This can be done by using gradient terraces, interceptor dikes, and

swales, and by installing pipe slope drains or level spreaders. Inlets need to be protected to

provide an initial filtering of stormwater runoff; however, any sediment buildup shall be

removed so the inlet does not become blocked.

If construction occurs during wet periods, sub-grade stabilization shall be required. Mulching

or netting may be needed for wet-weather construction.

Temporary erosion control measures (such as silt fence, gravel filter berms, straw wattles,

sediment/grease traps, mulching of disturbed soil, construction stormwater chemical treatment,

and construction stormwater filtration) shall be employed for disturbed areas.

Exposed and unworked soils shall be stabilized by the application of effective BMPs. These

include, but are not limited to, temporary or permanent seeding, mulching, nets and blankets,

plastic covering, sodding, and gradient terraces.

Temporary erosion control measures (such as silt fences, staked straw bales, and temporary

revegetation) shall be employed for disturbed areas and stockpiled soil.

Potentially hazardous materials shall be stored away from drainages and containment berms

shall be constructed to prevent spilled materials from reaching water bodies.

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Vehicles and equipment used during construction shall be provided proper and timely

maintenance to reduce potential for mechanical breakdowns leading to a spill of materials into

water bodies.

Maintenance and fueling shall be conducted in an area that meets the criteria set forth in the

spill prevention plan.

The following BMPs would be implemented to reduce water usage at the Hotel:

 In order to reduce water consumption and support LEED and sustainability goals of the

building, all plumbing would include low-flow and ultra-flow fixtures to reduce water

consumption. All fittings are made of brass construction with a high-quality chrome finish, and

polished, per the current Hyatt hotels plumbing and accessories list. All proposed fixtures

would comply with applicable water use reduction requirements of American Society of

Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) Standard 189.1 Section 6.

Air Quality

Generation of construction-related emissions is a short-term nuisance impact. The following BMPs,

required through contractual obligations, would be implemented to reduce these temporary construction

emissions.

 The contractor shall designate an on-site Air Quality Construction BMP Manager (AQCBM)

whom would be responsible for directing compliance with the following BMPs for project

construction relating to heavy-duty equipment use:

o All diesel-powered equipment shall be properly maintained and shall minimize idling time

to 5 minutes when construction equipment is not in use, unless per engine manufacturer’s

specifications or for safety reasons more time is required.

o Engines shall be kept in good mechanical condition to minimize exhaust emissions.

 The AQCBM would be responsible for directing compliance with the following BMPs for

fugitive dust control practices during project construction:

o Spray exposed soil with water or other suppressant at least twice a day or as needed.

o Minimize dust emissions during transport of fill material or soil by wetting down loads,

ensuring adequate freeboard (space from the top of the material to the top of the truck bed)

on trucks, and/or covering loads.

o Promptly clean up spills of transported material on public roads.

o Locate construction equipment and truck staging areas away from sensitive receptors as

practical and in consideration of potential effects on other resources.

o Cover dirt, gravel, and debris piles as needed to reduce dust and wind-blown debris.

 To reduce operational greenhouse gas emissions, the Tribe shall install Energy Star rated

appliances such as washing machines, dishwashers, celling fans, and refrigerators.

Additionally, the Tribe shall install Energy Star rated low-flow water fixtures such as

showerheads and bathroom faucets.

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Fire Protection

The following BMPs, required through contractual obligations, would be included as part of Alternative

A to minimize the risk of fire during construction:

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Any construction equipment that normally includes a spark arrester would be equipped with an

arrester in good working order. This includes, but is not limited to, vehicles, heavy equipment,

and chainsaws.

Structural fire protection would be provided through compliance with Uniform Fire Code

requirements for residences and commercial structures similar in size to the proposed

clubhouse. The Tribe would cooperate with the fire district by allowing routine inspections.

The Tribe would ensure that appropriate water supply and pressure is available for emergency

fire flows.

Typical fire flow allowances would be confirmed with the local Fire Marshall prior to

construction of any water storage tank.

Comply with California Fire Code and National Fire Alarm Code requirements for commercial

structures similar in size to the proposed Hotel.

Hazardous Materials

The following BMPs would be required through contractual obligations and would be included as part

of Alternative A to minimize the risk from use of hazardous materials during construction:

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Personnel shall follow BMPs for filling and servicing construction equipment and vehicles. To

reduce the potential for accidental release, fuel, oil, and hydraulic fluids shall be transferred

directly from a service truck to construction equipment and shall not be stored on site.

Catch-pans shall be placed under equipment to catch potential spills during servicing.

Refueling shall be conducted only with approved pumps, hoses, and nozzles.

Vehicle engines shall be shut down during refueling and idling shall be kept to a minimum.

No smoking, open flames, or welding shall be allowed in refueling or service areas.

Refueling shall be performed away from bodies of water to prevent contamination of water in

the event of a leak or spill.

Service trucks shall be provided with fire extinguishers and spill containment equipment, such

as absorbents.

Should a spill contaminate soil, the soil shall be put into containers and disposed of in

accordance with local, state, and federal regulations.

All containers used to store hazardous materials shall be inspected at least once per week for

signs of leaking or failure. All maintenance, refueling, and storage areas shall be inspected

monthly.

Hazardous materials must be stored in appropriate and approved containers in accordance with

applicable regulatory agency protocols.

Potentially hazardous materials, including fuels, shall be stored away from drainages and

secondary containment shall be provided for all hazardous materials stored during construction

and operation.

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In the event that contaminated soil and/or groundwater are encountered during constructionrelated earth-moving activities, all work shall be halted until a professional hazardous materials

specialist or other qualified individual assesses the extent of contamination. If contamination is

determined to be hazardous, representatives of the Tribe shall consult with the BIA and EPA to

determine the appropriate course of action, including development of a Sampling and

Remediation Plan, if necessary. Any contaminated soils that are determined to be hazardous

shall be disposed of in accordance with federal regulations.

Service trucks shall be provided with fire extinguishers and spill containment equipment, such

as absorbents.

Should a spill contaminate soil, the soil shall be put into containers and disposed of in

accordance with local, state, and federal regulations.

All containers used to store hazardous materials shall be inspected at least once per week for

signs of leaking or failure. All maintenance, refueling, and storage areas shall be inspected

monthly.

Hazardous materials must be stored in appropriate and approved containers in accordance with

applicable regulatory agency protocols.

Potentially hazardous materials, including fuels, shall be stored away from drainages, and

secondary containment shall be provided for all hazardous materials stored during construction

and operation.

In the event that contaminated soil and/or groundwater is encountered during construction

related earth-moving activities, all work shall be halted until a professional hazardous materials

specialist or other qualified individual assesses the extent of contamination. If contamination is

determined to be hazardous, representatives of the Tribe shall consult with the BIA and EPA to

determine the appropriate course of action, including development of a Sampling and

Remediation Plan, if necessary. Any and all contaminated soils that are determined to be

hazardous shall be disposed of in accordance with federal regulations.

SUMMARY OF EA MITIGATION MEASURES

The mitigation measures described below are included to: 1) reduce significant impacts to a less-thansignificant level, 2) further reduce already less-than-significant impacts, or 3) accomplish both. All

mitigation measures necessary to reduce significant impacts to less-than-significant levels will be

enforceable and binding on the Tribe because they are intrinsic to the project, required by federal law,

required by agreements between the Tribe and local agencies, and/or are required by tribal resolutions.

The construction contract will include applicable mitigation measures, and inspectors shall be retained

during construction.

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LAND RESOURCES

No mitigation is required for the Proposed Project to reduce impacts related to seismicity and mineral

resources.

Landslides

The following mitigation shall be implemented to minimize impacts related to the active landslide on

the southern corner of the project site:

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Prior to construction of the Hotel foundation, the contractors will implement one of the slope

stabilization options recommended by the soil engineers in the Draft Geotechnical Feasibility

and Preliminary Design Report (Appendix B of the EA). Options include soil nail walls,

reconstructed embankment, soldier pile, and welded wire walls.

WATER RESOURCES

No adverse water quality effects would result from the Proposed Project with the incorporation of the

BMP’s listed in Appendix C.

AIR QUALITY

No adverse air quality effects would result from the Proposed Project with the incorporation of the

BMP’s listed in Section 2.2. No mitigation is required for the Proposed Action.

BIOLOGICAL RESOURCES

Implementation of the mitigation measures below would minimize potential impacts to biological

resources. These measures are recommended for Alternative A.

Migratory Birds

The following mitigation measures shall be implemented to minimize impacts to Migratory Birds.

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A qualified biologist shall conduct a preconstruction nesting bird survey within 100 feet of the

project site during marbled murrelet, northern spotted owl, bird-of-prey, and migratory bird

nesting seasons. If any active nests are located within the vicinity of the project site, a nodisturbance buffer zone shall be established to avoid disturbance or destruction of the nest(s).

The distance around the no-disturbance buffer shall be determined by the biologist in

coordination with USFWS and will depend on the level of noise or construction activity, the

level of ambient noise in the vicinity of the nest, and the line-of-sight between the nest and

disturbance. The biologist shall delineate the buffer zone with construction tape or pin flags.

The no-disturbance buffer will remain in place until after the nesting season or until the

biologist determines that the young birds have fledged. A report shall be prepared and

submitted to the Tribe and the USFWS following the fledging of the nestlings to document the

results.

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CULTURAL RESOURCES

The following mitigation measure is required for Alternative A to avoid adverse effects to cultural

resources and/or paleontological resources:

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Halt work within 50 feet of the find, retain a qualified archaeologist and/or paleontologist to

assess significance. If the find is determined to be significant, determine the appropriate course

of action, including recovery, analysis, curation, and reporting according to current professional

standards.

SOCIOECONOMIC CONDITIONS/ENVIRONMENTAL JUSTICE

No adverse socioeconomic or environmental justice effects are anticipated as a result of the Proposed

Project. No mitigation is required for the Proposed Action.

TRANSPORTATION AND CIRCULATION

All surrounding intersections are projected to continue operating at acceptable levels of service under

the Proposed Action during near-term conditions. For the cumulative setting, the following mitigation

measure is required for Alternative A to reduce impacts to transportation and circulation:

Construct the Cher-Ae Lane interchange off of HWY 101 to provide direct access to the Rancheria and

Westhaven Drive.

LAND USE

The Tribe shall adopt a Tribal Ordinance that commits to coordinating any future, currently

unanticipated, development proposal or change in public access with the California Coastal

Commission.

PUBLIC SERVICES

No adverse impacts to public services would occur as a result of the Proposed Project. No mitigation is

required for the Proposed Action.

NOISE

Construction Noise

The following mitigation measures shall be implemented to minimize impacts from noise during

construction:

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Construction activities would only occur between the hours of 7:00 am to 6:00 pm Monday

through Friday, and 9:00 am to 5:00 pm on Saturday. No construction activities would occur

on any Sunday.

Where feasible, the stationary construction equipment shall be located on the southern portion

of the project site.

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All construction equipment over 50 horsepower shall be equipped with noise reducing mufflers.

HAZARDOUS MATERIALS

No adverse effects from hazardous materials would result from the Proposed Project with the

incorporation of the BMPs listed in Appendix C of the EA. No mitigation is required for the Proposed

Action.

VISUAL RESOURCES

The following mitigation measures shall be implemented to minimize visual impacts of buildings and

associated structures. These elements include:

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Design elements shall be incorporated into the Proposed Project to minimize visual impacts of

buildings and associated structures, including landscaping that compliments buildings and

parking areas, with setbacks and vegetation consistent with existing landscaping. Earth-toned

paints and coatings shall be used, all exterior glass shall be non-reflective and low-glare, and

signs and facades shall be designed with a non-reflective backing to decrease reflectivity.

Windows shall be fit with black out curtains within rooms that face the ocean;

Lighting shall be shielded and downcast; and

Building maintenance staff shall be trained to call the Humboldt Wildlife Care Center wildlife

rehabilitation facility should disoriented or injured seabirds be found on the property.

RESPONSE TO EA COMMENTS

A total of 60 comment letters were received regarding the EA. These comment letters are provided as

Exhibit A. Responses to each comment letter are provided as Exhibit B. A Mitigation Monitoring and

Enforcement Program is provided as Exhibit C.

PUBLIC AVAILABILITY

The FONSI with Exhibits is available at https://trinidad-rancheria.org/. The FONSI without

Exhibits is available at https://bianepatracker2.doi.gov/. To locate the FONSI without

Exhibits, please navigate to the NEPA Documents Tab and search for Project: TR-4314b-P5

J52 566T TREDC Hotel FONSI. Hardcopies of the FONSI are available for at the Tribal

Office located at 1 Cher-Ae Lane, Trinidad, CA 95570, and at the Trinidad Branch of the

Humboldt County Library located at 380 Janis Court, Trinidad, CA 95570. Publication of the

NOA will occur in the Times-Standard with Offices located at 903 Sixth Street, Eureka

California 95501.

DETERMINATION

While the Proposed Action assessed under the EA is a loan guarantee and lease approval in

connection with the construction and operation of a Hotel adjacent to the Tribe’s Casino on the

Rancheria, the BIA also must consider the reasonably foreseeable consequences of such action.

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For the Proposed Action, the foreseeable consequences assessed in the EA were based on the

design being considered by the Tribe. It has been determined that the proposed federal action

to approve the Tribe’s request for a loan guarantee and lease approval so that they may build a

Hotel, does not constitute a major federal action that would significantly affect the quality of

the human environment. Therefore an Environmental Impact Statement is not required. This

determination is supported by the aforementioned findings described in this FONSI, the

analysis contained in the entire administrative record, including the EA, public comments

made on the EA, the responses to those comments, and the mitigation imposed.

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August

Issued in Sacramento, California this __________

day of ___________,

2020.

Digitally signed by AMY

AMY DUTSCHKE DUTSCHKE

Date: 2020.08.13 08:49:23 -07'00'

Regional Director

Bureau of Indian Affairs

U.S. Department of the Interior

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