Cascade Locks Resort and Casino EIS - FAQs

FAQs (Frequently Asked Questions)

General Questions
National Environmental Policy Act
Fee-to-Trust Action
Transportation System Improvements

General Questions

What is being proposed?
Why is this a federal government action?
What is a Fee-to-Trust Action?
Why are tribes allowed to put land into trust?
What is a Section 20 determination?
Why is an EIS being prepared?
Who will make what decisions?
Who is preparing the EIS?
What process is involved in developing an EIS?
What is the schedule for completion of the EIS?
What is the public's role in the NEPA process?

What is being proposed?
The Confederated Tribes of the Warm Springs Reservation of Oregon (Tribe) proposes to develop a resort and casino, with associated transportation system improvements, in the City of Cascade Locks, Hood River County, Oregon.

Although the eventual size and scope of the facilities may be modified, the Tribe's current proposal is for a $389 million, 603,000 square foot riverfront destination resort and casino on 60 acres. Initial plans include a 90,000-square-foot gaming casino, 241-room hotel, 26,000 square foot meeting and convention facility, spa and fitness center, retail shops, cultural and interpretive center, daycare facility, and a variety of dining options. Parking would be provided for 3,700 vehicles, including a multi-tiered parking garage and two surface lots.

Also proposed by the Tribe is a new Interstate 84 (I-84) interchange at the existing Forest Lane overpass of I-84. This proposed interchange would include an over-crossing of the Union Pacific Railroad tracks to enter the Port of Cascade Locks Industrial Park and the resort and casino site. The Tribes would be responsible for the cost of these transportation system improvements.

Why is this a federal government action?
To develop the resort and casino, the Tribe seeks a fee-to-trust transfer of approximately 25 acres in trust. The 25 acres proposed for trust acquisition are part of a 60-acre tract of industrial lands located at the eastern edge of Cascade Locks. Under federal regulations, the fee-to-trust transfer requires approval by the Bureau of Indian Affairs (BIA), U.S. Department of the Interior.

Pursuant to Section 20 of the Indian Gaming Regulatory Act, the Secretary of the Interior must also determine whether establishment of a gaming facility for the Tribe on these lands (1) will be in the best interest of the Tribe and its members and (2) will not be detrimental to the surrounding communities.

Because transportation system improvements to I-84 would be required, the Tribes’ proposal also requires review and approval by the Federal Highway Administration (FHWA) and the Oregon Department of Transportation (ODOT) for access to the facility.

What is a Fee-to-Trust Action?
A fee-to-trust action is a real estate transaction which converts land from private or individual (fee) title into federal title. Trust status can only be conferred by an Act of Congress, a court decision or settlement, or, most commonly, through an application through the U.S. Department of the Interior. If approved, the subject land will belong to the United States of America, with exclusive use and jurisdiction reserved for the Tribes.

Why are tribes allowed to put land into trust?
The Indian Reorganization Act (IRA) authorizes the Secretary of the Interior to acquire land in trust for Indians and Indian tribes. Land may be acquired for a tribe in trust status under several conditions, including when the Secretary determines that the acquisition of land is necessary to facilitate tribal self-determination, reservation economic development, or Indian housing. Fee-to-trust acquisitions for gaming purposes are governed by the Code of Federal Regulations (CFR) Part 151 and the requirements of Section 20 of the 1988 Indian Gaming Regulatory Act (IGRA). Several Oregon tribes currently operate casinos on land taken into trust by the federal government.

What is a Section 20 determination?
The Indian Gaming Regulatory Act (IGRA), enacted in 1988 as Public Law 100-497 and now codified at 25 U.S.C. §2701, establishes the jurisdictional framework that presently governs Indian gaming. Section 20 of IGRA allows gaming to be conducted on land acquired by a federally-recognized tribe through fee-to-trust action if the Secretary of Interior determines that establishment of a gaming facility for the Tribe on these lands (1) will be in the best interest of the Tribe and its members and (2) will not be detrimental to the surrounding communities.

Why is an EIS being prepared?
As federal agencies, BIA and FHWA must comply with the requirements of the National Environmental Policy Act (NEPA) in making their determinations on the Tribe's proposal. Pursuant to NEPA, BIA has determined that an environmental impact statement (EIS) is needed to assess the potential effects of the Tribe's proposal and alternatives to that proposal. NEPA governs environmental analysis of projects that involve funding or approval from a federal agency. Preparation of an EIS for this project will meet the NEPA requirements of both BIA and FHWA.

The EIS provides information to decision makers on the potential impacts of proposed actions on the quality of the human environment, describing the positive and negative environmental, social, cultural, and economic impacts of a project. The EIS will be used by BIA and FHWA to make decisions about the best approach to accomplishing the stated purpose of the project. The EIS also provides information to the public and opportunities to provide input for decision-makers to consider.

Who will make what decisions?
For the fee-to-trust transfer, the Assistant Secretary of the Interior for Indian Affairs will be the decision-maker. For the Section 20 determination, the Secretary of the Interior is the decision-maker. Both the Regional FHWA Director and the Oregon Transportation Commission (OTC) must approve any I-84 improvements.

In addition to NEPA, the Tribe's proposal is subject to a variety of federal, state and local permits and review processes. Key among these are an Access Point Decision Report and an Interchange Area Management Plan (IAMP). Both FHWA and ODOT policies require an Eight-Point Access Point Decision Report for any change in access to an interstate freeway. That report is a stand-alone decision by FHWA that will be approved concurrently with the EIS. The IAMP requires OTC approval.

Who is preparing the EIS?
The BIA is the lead agency for the EIS. FHWA, ODOT, the City of Cascade Locks, Port of Cascade Locks, and Hood River County are cooperating agencies.

Because of limited personnel and funding, BIA and the Tribe have agreed, through a Memorandum of Understanding, that the EIS will be prepared by an outside consultant under the direction of BIA. BIA selected HDR, Inc. of Portland, Oregon to be the prime consultant for preparation of the EIS.

What process is involved in developing an EIS?
The NEPA process for an EIS involves the public, resource agencies, and other interested parties in the identification of issues and potential alternatives. Public and agency input in the initial stage of the NEPA process is known as "scoping."

Development of the EIS includes:

Establishing the purpose and need for the proposed action.
Identifying the proposed action and a range of reasonable alternatives, including No Action.
Characterizing the existing conditions of the potentially affected resources.
Determining impacts on these resources as a result of the proposed action and alternatives.
Identifying measures that would minimize impacts.

A Draft EIS will be made available to the public and agencies for comment and input. A Final EIS will then be prepared to address comments received on the Draft EIS.

After the final EIS is prepared and at the time of its decision, BIA will prepare a Record of Decision (ROD) addressing how the findings of the EIS, including consideration of alternatives, were incorporated into the agency's decision-making. The ROD will be prepared with the concurrence of FHWA and other cooperating agencies.

What is the schedule for completion of the EIS?
A Draft EIS was released for public review, following publication in the Federal Register of a Notice of Availability on February 15, 2008. A 90-day public comment period ended on May 15, 2008. Comments received on the Draft EIS will be considered in the preparation of a Final EIS, which is tentatively scheduled for completion in Fall/Winter 2008.

What is the public's role in the NEPA process?
The public has an important role in the NEPA process, particularly during scoping, in providing input on what issues should be addressed in an EIS. The public then has the opportunity to comment on the draft EIS. BIA must take into consideration all comments received from the public and other parties on the EIS and related technical studies during the comment period.

National Environmental Policy Act

What is the National Environmental Policy Act, and how does it affect this project?
What are NEPA's requirements?
What are the components of an EIS?
Who is involved in preparation of the EIS for the Cascade Locks Resort and Casino?

What is the National Environmental Policy Act, and how does it affect this project?
The National Environmental Policy Act (NEPA) (40 CFR Parts 1500-1508) is a federal law that governs environmental analysis of projects that involve funding or approval from a federal agency. The Confederated Tribes of Warm Springs’ proposed resort and casino project requires approval from two federal agencies: the Bureau of Indian Affairs (BIA) for the fee-to-trust land transfer and the Federal Highway Administration (FHWA) for modification of access from an Interstate Highway (I-84). Preparation of an Environmental Impact Statement (EIS) for this project will meet the NEPA requirements of both federal agencies. The EIS provides information to decision makers on the potential impacts of proposed actions on the quality of the human environment, describing the positive and negative environmental, social, cultural, and economic impacts of a project. The EIS process involves the public and discloses impacts. The EIS will be used by BIA and FHWA to make decisions about the best approach to accomplishing the stated purpose of the project.

What are NEPA's requirements?
NEPA requires all federal agencies to incorporate environmental considerations in their planning and decision-making through a systematic interdisciplinary approach. For major actions that could significantly affect the environment, federal agencies are required to prepare a detailed assessment of environmental impacts of the proposed action and a reasonable range of alternatives. These assessments are commonly referred to as environmental impact statements (EISs).

What are the components of an EIS?
An EIS should include discussions of the purpose of and need for the action, alternatives, the affected environment, the environmental consequences of the proposed action, lists of preparers, agencies, organizations and persons to whom the statement is sent, an index, and an appendix (if any).

Who is involved in preparation of the EIS for the Cascade Locks Resort and Casino?
The BIA is the lead federal agency for the Cascade Locks Resort and Casino EIS. BIA will supervise preparation of the environmental analysis and ensure that the requirements of NEPA are met.

FHWA, the Oregon Department of Transportation (ODOT), Hood River County, the City of Cascade Locks, and the Port of Cascade Locks have signed a memorandum of understanding to b cooperating agencies for the EIS. A cooperating agency is an agency having special expertise with respect to an environmental issue and/or jurisdiction by law for the proposed action. A cooperating agency has the responsibility to assist the lead agency by participating in the NEPA process at the earliest possible time; by participating in the scoping process; in developing information and preparing environmental analyses including portions of the environmental impact statement concerning which the cooperating agency has special expertise; and in making available staff support at the lead agency's request to enhance the lead agency's interdisciplinary capabilities.

Fee-to-Trust Action

What is a Fee-to-Trust Action?
How does a Fee-to-Trust Action pertain to the Cascade Locks Resort and Casino project?
Does this trust land become public land?
Why are tribes allowed to put land into trust?
What is the Fee-to-Trust process?
What does a Fee-to-Trust request contain?
How does the BIA respond to an application?

What is a Fee-to-Trust Action?
A fee-to-trust action is a real estate transaction which converts land from private or individual (fee) title into federal title. Trust status can only be conferred by an Act of Congress, a court decision or settlement, or, most commonly, through an application through the U.S. Department of Interior (DOI). Once the process is complete the subject land will belong to the United States of America.

How does a Fee-to-Trust Action pertain to the Cascade Locks Resort and Casino project?
Off-reservation casino sites require a fee-to-trust title conversion, thereby exempting the land from state and local jurisdiction and taxes.

Does this trust land become public land?
No. The land will be reserved for the exclusive use of The Confederated Tribes of the Warm Springs Reservation of Oregon. The named tribe retains usufructuary rights (right of use without ownership) and civil jurisdiction over the land placed in trust.

Why are tribes allowed to put land into trust?
Subsequent to the enactment of the Indian Gaming Regulatory Act (IGRA), numerous tribes have acquired land in fee and desire to transfer the land to the United States to be held in "trust" for the benefit of a tribe or an individual. Section 5 of the Indian Reorganization Act (IRA) authorizes the Secretary of the Interior to acquire land in trust for Indians and Indian tribes. Land may be acquired for a tribe in trust status when the property is located within the exterior boundary of a tribe’s reservation or adjacent thereto, or within a tribal consolidation area; when a tribe already owns an interest in the land; or, when the Secretary determines that the acquisition of land is necessary to facilitate tribal self-determination, reservation economic development, or Indian housing. Fee-to-trust acquisitions for gaming purposes are governed by the factors found in 25 Code of Federal Regulations (CFR) Part 151 and the requirements of Section 20 of IGRA.

What is the Fee-to-Trust process?
According to federal regulations, a tribal government must submit a specific application to the BIA, part of DOI, when it wants land it owns taken into trust. In July 1995, the BIA issued regulations governing the fee-to-trust process. Depending on the purpose of the acquisition, the process may involve tribal, federal, state and local government agencies. The application, at a minimum, must address the statutory requirements of 25 US Code § 465 and the regulatory factors of 25 CFR Part 151. If the acquisition is for gaming or gaming-related purposes, the application may have to be processed pursuant to Section 20 of IGRA. As a federal agency, the BIA must comply with the requirements of NEPA in making a determination to accept land into trust. The level of analysis required is generally dependent on whether the land acquisition could significantly affect the environment. The levels of analysis include a categorical exclusion determination, an environmental assessment, and/or an environmental impact statement. An environmental assessment must provide an analysis of the degree of significance of any expected impact.

What does a Fee-to-Trust request contain?
According to the regulations (5 CFR 151.10) when applying to take land into trust, a tribe must provide the following information to the BIA:

Official citations of federal statutes under which the transaction is to take place and a tribal government resolution authorizing the acceptance of the transfer.
A legal description of the property, and a tribal request for trust status.
Discussion of whether third parties will be using the land.
Discussion of the need to take the land into trust, and justification why the present status of the land will not serve that need. Avoiding taxation may not be used as a reason.
Description of the purposes of the transfer. The tribe must specifically explain the intended use of the acquired land (e.g., housing, economic development) and how the acquisition will enhance that use.
Assessment of impact on local government. The tribe, after consulting with local government, must describe any existing conflicts over taxation and services such as: policing, utilities, zoning and fire protection.
Indication of resolution of problems and conflicts. Where conflicts exist, tribes must also describe how they intend to resolve conflicts over tax funded activities.
Proof of compliance with NEPA and federal hazardous waste laws.

How does the BIA respond to an application?
Regulations require that the BIA notify state and local governments when they receive an application from a tribe to process a taxable parcel of land to trust status. The notification is provided for the purpose of allowing government entities an opportunity to comment. Notices must identify the land to be transferred and the requesting tribe, as well as the tribe's proposed use of the land.

The regulations provide affected governments at least 30 days to comment. All comments are given consideration in the review process. After all comments have been received and reviewed, the BIA is then in a position to issue a decision.

Transportation System Improvements

What is FHWA’s policy on access to the Interstate System?
What is an Interchange Area Management Plan?
Why prepare an IAMP?
What are the objectives of an IAMP?
What are the elements of an IAMP?

What is FHWA’s policy on access to the Interstate System?
It is in the national interest to maintain the Interstate System to provide the highest level of service in terms of safety and mobility. Adequate control of access is critical to providing such service. Therefore, according to FHWA, new or revised access points to the existing Interstate System should meet the following requirements:

The existing interchanges and/or local roads and streets in the corridor can neither provide the necessary access nor be improved to satisfactorily accommodate the design-year traffic demands while at the same time providing the access intended by the proposal.
All reasonable alternatives for design options, location and transportation system management type improvements (such as ramp metering, mass transit and high-occupancy vehicle (HOV) facilities have been assessed and provided for if currently justified, or provisions are included for accommodating such facilities if a future need is identified.
The proposed access point does not have a significant adverse impact on the safety and operation of the Interstate facility based on an analysis of current and future traffic. The operational analysis for existing conditions shall, particularly in urbanized areas, include proposed interchange on either side. Crossroads and other roads and streets shall be included in the analysis to the extent necessary to assure their ability to collect and distribute traffic to and from the interchange with new or revised access points.
The proposed access connects to a public road only and will provide for all traffic movements. Less than "full interchanges" for special purpose access for transit vehicles, for HOVs, or into park and ride lots may be considered on a case-by-case basis. The proposed access will be designed to meet or exceed current standards for Federal-aid projects on the Interstate System.
The proposal access considers and is consistent with local and regional land use and transportation plans. Prior to final approval, all requests for new or revised access must be consistent with the metropolitan and/or statewide transportation plan, as appropriate, the applicable provisions of 23 CFR part 450 and the transportation conformity requirements of 40 CFR parts 51 and 93.
In areas where the potential exists for future multiple interchange additions, all requests for new or revised access are supported by a comprehensive Interstate network study with recommendations that address all proposed and desired access within the context of a long-term plan.
The request for a new or revised access generated by new or expanded development demonstrates appropriate coordination between the development and related or otherwise required transportation system improvements.
The request for new or revised access contains information relative to the planning requirements and the status of the environmental processing of the proposal.

What is an Interchange Area Management Plan?
An Interchange Area Management Plan (IAMP) is a long-range (20+ year) plan, strategy and agreement to protect the function of highway interchanges and the major highway investment. An IAMP consists of a process to make land use and transportation decisions about how the interchange will be managed to protect the long-term function within the interchange area. The IAMP is applied to new interchanges or major changes to existing interchanges (Oregon Highway Plan Policy 3C). The IAMP incorporates the access management rule that requires ODOT to develop plans for new interchanges and major changes to interchanges (OAR 734-051).

Why prepare an IAMP?
Many interchanges were built 30 to 40 years ago to serve low levels of development. Many interchange areas were committed to development before a state land use program was created. Existing, improved and new interchanges are attractive locations for development and provide access to market areas and increase land values. Interchange issues stem from conflicting needs between providing long-distance travel and accommodating local growth demands. There is a need to protect the significant state investment in an interchange.

What are the objectives of an IAMP?
An IAMP is prepared in effort to:

Prolong the useful life of the state’s investment in the interchange.
Balance the need for the interchange to support community development interests with the need for safe and efficient operations within the interchange area.
Establish the desired function of the interchange.
Establish agreements with local governments on how to effectively manage the long-term function of the interchange, adjacent land uses and the supporting transportation system.
Monitor how the interchange capacity is managed through cooperation with local governments.
Provide certainty for property and business owners and local governments.

What are the elements of an IAMP?
The elements and functions of an IAMP include:

Interchange design.
Determination of function/purpose of interchange.
Balance of regional (through) traffic with local traffic.
Identification of future street network, including local circulation system.
Access management.
Significant tool to manage long-term function.
Minimization of conflicts in the influence area.
Land use compatibility.
Serve land uses in comprehensive plan.
Agreement on what the planned land uses are.
Steps to maintain compatible land uses.
Environmental reconnaissance.
Provision of early work for NEPA in project development.
Identification of needed land use actions to authorize project.
Agreement with local governments.
Agreement to implement the IAMP.
Agreement on roles and responsibilities.
Mutual adoption by the Oregon Transportation Commission (OTC) and local governments.