On the recordOctober 8, 2015
This amendment clarifies who may submit public comments on a NEPA study concerning a Federal permit or land approval for Indian lands. It also preserves current NEPA requirements concerning tribal gaming proposals. When a NEPA study is done on Federal action, like a mineral lease approval on Indian lands, the agency must consider comments received by any member of the public, regardless of whether they are affected. This is unfair to the tribe because tribal lands are not public land. They are private lands. Section 4 of the bill limits public comment in these situations to the tribe and individuals who live within the affected area of the project. Section 4 was drafted. We expected an individual living within the affected area would include State, tribal, and county officials, but no one from New York or San Francisco. It is none of their business. To address any ambiguity, the amendment would clarify that tribe, States, and county governments within the area affected may have their comments considered along with those of individuals. Finally, the amendment provides that section 4 will not affect Federal actions related to tribal gaming. Gaming is a unique area of law. Gaming facilities have a significant impact outside the local area. I reserve the balance of my time.
