United States Department of the Interior (2022)

United States Department of the Interior

BUREAU OF INDIAN AFFAIRS

PACIFIC REGIONAL OFFICE

2800 Cottage Way, Room W-2820

Sacramento, CA 95825

IN REPLY REFER TO:

TR-4300-P5 Environmental

Honorable Agustin Garcia

Chairperson Elem Indian Colony of Pomo Indians 

of the Sulphur Band Rancheria

1400 North Dutton Avenue, Suite 7

Santa Rosa, California 95401

Dear Chairperson Garcia:

The Bureau of Indian Affairs (BIA), Pacific Region, Environmental Section has prepared the

Notice of Availability (NOA) and the unsigned Finding of No Significant Impact (FONSI) for

the Elem Indian Colony of Pomo Indians of the Sulphur Band Rancheria proposed off-Rancheria

(discretionary) Fee-To-Trust (FTT) Acquisition and Travel Center (TC) Project.

In accordance with the National Environmental Policy Act (NEPA), the FONSI documents

impacts described and analyzed in the Elem Indian Colony’s TC Project Environmental

Assessment (EA). Based on the completed analysis, all identified impacts are expected to be less

than significant; therefore, an Environmental Impact Statement is not required.

Please post the NOA at the Tribal Office and make the NOA, unsigned FONSI and EA

documents available for public review on the Elem Indian Colony’s website by January 10,

2022. These documents are also available for public review on the BIA NEPA Tracking System

(NTS) website located at https://bianepatracker2.doi.gov/. Any interested party may review the

NOA, unsigned FONSI and EA by: 1) accessing the NTS website; 2) selecting the NEPA

Documents Tab; 3) Searching by Project Name; and 4) selecting TR-4313-P5 J51 632T Elem

FTT NOA-FONSI-EA Public Notice.

The 30-day public review period for the EA and unsigned FONSI will expire on February 10,

2022. If you or your staff receive any comments, please email them to Jacilyn Snyder, Regional

Environmental Protection Specialist (REPS) at Jacilyn.Snyder@bia.gov. If you have any

questions regarding the NOA, unsigned FONSI or EA, please contact Jacilyn Snyder, REPS, at

(916) 978-6037, or Felix Kitto, Deputy Regional Director, Indian Services, at (916) 978-6147.

Sincerely,

Digitally signed by AMY

AMY

DUTSCHKE

2022.01.05

DUTSCHKE Date:

13:51:03 -08'00'

Regional Director

Enclosures

NOTICE OF AVAILABILITY

FEE-TO-TRUST ACQUISITION AND TRAVEL CENTER PROJECT

ELEM INDIAN COLONY OF POMO INDIANS OF THE SULPHUR BAND

RANCHERIA, LAKE COUNTY, CALIFORNIA

ENVIRONMENTAL ASSESSMENT AND FONSI

Notice is hereby given that the Bureau of Indian Affairs (BIA), Pacific Region, Division of

Environmental, Cultural Resource Management and Safety (DECRMS) has reviewed an

Environmental Assessment (EA) for the Elem Indian Colony’s proposed Fee-to-Trust (FTT)

Acquisition and Travel Center Project (Project) proposed to occur for the Elem Indian Colony,

Lake County, California.

The BIA’s approval of the Project would allow the proposed off-Rancheria (discretionary) land

acquisition and subsequent development of a commercial travel center to proceed.

Environmental Science Associates prepared an EA in support of federal requirements of the

National Environmental Policy Act (NEPA), 42 United States Code §4321 et seq.) and the BIA

NEPA Guidebook 59 IAM 3-H. The EA assesses the environmental effects that may result from

the Project.

Based on the analysis and impacts detailed in the EA, the DECRMS prepared a draft Finding of

No Significant Impact (FONSI) for public notice. The public review for the EA and draft

FONSI will begin on January 10, 2022, and end on February 10, 2022.

The EA and FONSI are available for public review at two (2) virtual location(s):

1. Elem Indian Colony of Pomo Indians Tribal website: https: www.elemindiancolony.org

2. BIA NEPA Tracking System website: https://bianepatracker2.doi.gov

(Search: NEPA Tracker ID# 47221)

The FONSI is a finding on environmental effects, not a decision to proceed, therefore it cannot

be appealed. 25 CFR 2.7 requires a 30-day appeal period after the decision to proceed with the

action is made before the action may be implemented. Appeal information will be made publicly

available when the decision to proceed is made.

For more information, please contact Jacilyn Snyder, Regional Environmental Protection

Specialist, BIA, Pacific Region, DECRMS, 2800 Cottage Way, Room W-2820, Sacramento, CA

95825, phone: 916-978-6037, or email: Jacilyn.Snyder@bia.gov. Written comments should be

mailed to the BIA, Pacific Region, Regional Director at this same address.

FINDING OF NO SIGNIFICANT IMPACT

ELEM INDIAN COLONY

FEE-TO-TRUST ACQUISITION AND TRAVEL CENTER PROJECT

ELEM INDIAN COLONY OF POMO INDIANS OF THE SULPHUR BAND

RANCHERIA, LAKE COUNTY, CALIFORNIA

ENVIRONMENTAL ASSESSMENT AND FONSI

The Bureau of Indian Affairs (BIA) Pacific Region, Division of Environmental, Cultural

Resource Management and Safety (DECRMS) considered the potential effects of the Elem

Indian Colony’s proposed Fee-to-Trust Acquisition and Travel Center Project (Project) on the

environment within the exterior boundaries of the Elem Indian Colony’s Sulphur Band

Rancheria in Lake County, California. Environmental Science Associates prepared an

Environmental Assessment (EA) for the Project and transmitted it for DECRMS review and

recommendation. The BIA’s approval of the Project would allow the off-Rancheria

(discretionary) land acquisition and subsequent development of a commercial travel center to

proceed.

The DECRMS reviewed the EA and determined that no significant impacts to the environment

will result from the Project. Based the analysis and recommendations in the EA, I have

determined that federal actions associated with the Project will have no significant impact on the

quality of the human environment. Therefore, in accordance with Section 102(2)(A) of the

National Environmental Policy Act of 1969, as amended, an Environmental Impact Statement is

not required.

This determination is supported by the following findings:

1. The Proposed Action is analyzed in the Elem Indian Colony’s Fee-to-Trust Acquisition

and Travel Center Project EA, jointly prepared by Environmental Science Associates,

Tribal and DECRMS staff.

2. The EA discloses the environmental consequences of the Proposed Action and the No

Action Alternative.

3. The Proposed Action Alternative includes environmental protective measures, such as

Best Management Practices, ensuring all effects would be reduced to less than

significant.

4. A reconnaissance-level field survey was conducted by ESA biologist on October 16,

2020. The biologists analyzed potential effects to federally listed threatened and

endangered species and found that impacts would be less than significant. The Acting

Regional Biologist determined the Project will have no effect to federal listed species or

critical habitat.

5. The ESA archeological consultant and BIA’s Regional Archeologist determined there

will be no effect to historic properties.

6. The cumulative effects on soil, water, air, noise, vegetation, cultural resources, and

fisheries and wildlife resources (species and habitat) were considered and determined to

be less than significant.

7. The DECRMS reviewed the Project with respect to potential impacts to minority and

low-income populations and communities with Executive Order 12898 on Environmental

Justice and determined they were less than significant.

Public Availability

A Notice of Availability (NOA) for the EA and this unsigned FONSI are posted at the Elem

Indian Colony of Pomo Indians’ Tribal Office, as well as on the Elem Indian Colony’s website

and the BIA’s NEPA Tracking System website. The EA and FONSI for this Project are

available for a 30-day public review period.

The EA and this FONSI are available for public review at two (2) virtual location(s):

1. Elem Indian Colony of Pomo Indians Tribal website: https: www.elemindiancolony.org

2. BIA NEPA Tracking System website: https://bianepatracker2.doi.gov

(Search: NEPA Tracker ID# 47221)

The BIA will take no administrative action on the Proposed Action prior to expiration of the

review period and will consider any comments received in a timely manner.

Determination

I have determined that the Elem Indian Colony Fee-to-Trust Acquisition and Travel Center

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

human environment. Therefore, in accordance with Section 102(2)(A) of the National

Environmental Policy Act, 42 U.S.C § 4321 et seq., an Environmental Impact Statement is not

required.

This determination is supported by the findings and the analysis contained in the entire

administrative record, including the EA, and the protective measures to be imposed. This fulfills

the requirements of NEPA as set out in the Council on Environmental Quality Regulations for

Implementing NEPA (40 C.F.R. 1500–1508), and the BIA NEPA Guidebook (59 IAM 3-H,

August 2012).

DRAFT – FOR REVIEW ONLY