An Environmental Assessment (EA) by a Eureka firm will be considered by the Bureau of Indian Affairs as part of the Tule River Indian Tribe’s application to put its 40-acre industrial park near the Porterville Airport into trust, and is available for the public’s review.

Currently the land is within the Porterville city limits, but the Tribe would like it put into “trust” status — which requires federal approval.

Published in June, the EA notes that the change in status of the land could result in a potential increase for demand on the Porterville Police Department, and a small loss in property tax revenues to the City of Porterville and Tulare County.

The Tribe has been tight-lipped about what it wants to do with the land, and the EA does not unveil anything new: “the specific nature of future developments is speculative at this time as the financing options available are dependent in part on the trust conveyance of the property.”

Despite what ultimately happens on the land — which currently is zoned for industrial development — Tribal Administrator Sam Cohen said the EA was not required of the tribe, and that going beyond what was mandated could play in its favor. It is the Tribe’s third attempt to put the land into federal trust.

“Under [federal and state guidelines] this could easily be considered categorically exempt, because, technically, the Tribe is not changing the use of the land, all we’re doing is changing the ownership; but the Bureau of Indian Affairs is very cautious these days, they requested the Tribe do this,” Cohen said.

Obtaining federal trust

Under the National Environmental Policy Act (NEPA), federal actions must be evaluated unless they are determined to be exempt. The EA is the lowest level of environmental evaluation and could lead to either a determination that a more comprehensive Environmental Impact Statement is needed — or to a Finding of No Significant Impact (FONSI), which is what Cohen expects.

Public comment on the EA will be considered as part of that determination. The public comment period is in progress and will end on July 26. A copy of EA is available online at www.tulerivertribe-nsn.gov, or by calling the Tribal Office at 781-4271. Information about where and how to submit comments is included in the document.

To obtain trust status, a federally recognized Indian tribe or community must petition the U.S. Secretary of the Interior to accept land owned by the tribe into trust. Once the property is accepted, it acquires “quasi-sovereign nation” status. The property would be held in trust by the United States for the benefit of the Tribe — allowing breaks on taxes and state regulations not otherwise available.

If the conversion were approved, the property would be removed the County’s tax roll, resulting in a loss of .0012047 percent to the County and City, the assessment reports. Taxes assessed for the property were $33,459.98 in tax year 2009-10. According to the State Controllers Office, the Tulare County assessment roll included 148,867 assessments, in which $277,741,754 was paid.

The EA also cites a potential impact on the Porterville Police Department, which could impair its ability to provide adequate services to the surrounding area. So, the report suggests that the Tulare County Indian Gaming Local Community Benefit Committee apply for law enforcement grants.

Aside from laying out the potential environmental impacts, the EA also details the history of the Tribe’s acquisition of the 40 acres, and its motivation for seeking to put it into trust.

Historical importance

In 1986, the Bureau of Indian Affairs informed the Tribe that it had more than $150,000 in Indian Monies Proceeds of Labor (IMPL). The Tribe invested the money into economic development projects and ultimately acquired two 40 acre parcels off the reservation in 1989. The 40 acre parcel in question is located just west of the Porterville Airport and was subdivided by the Tribe in 1992 into a 17-lot industrial park.

While the property is owned by the Tribe, it is managed by the Tule River Economic Development Corporation (TRDEC), which oversees all economic activities aside from its main cash cow, the Eagle Mountain Casino. The Tribe recently disbanded the Board of Directors that once managed the TREDC, and put its management under the umbrella of the Tribal Council. Tenants on the land include Indian Health Services, which leases office space in one of the buildings on the site and the Central California Interagency Communications Center, which coordinates fire protection and firefighting activities among a variety of federal, state and tribal agencies.

According to the EA, the Federal trust conveyance process is designed to help tribes recoup some of the land they lost in the late 19th and early 20th centuries, when the government’s allotment policy cost tribes two-thirds of their land. In Tule River’s case, the acquisition is viewed by the Tribe, in part, as a replacement of the original 1,280-acre Tule River Indian Farm located in Porterville that many believe was fraudulently obtained by the California Superintendent of Indian Affairs chief clerk Thomas Madden on May 15, 1860.

“The Tribe wants to preserve its options and basically make sure that the land more marketable for future Councils, I can’t predict what they’re going to put there,” Cohen said.

The views of other agencies

The Porterville City Council decided in April that it would not object to the trust conveyance, so long as the Tribe receives written approval from the City before it moves forward with any construction on the parcel. A memorandum of understanding between the Tribe and City also states that the land cannot be used for gaming purposes. At one time the Tribe envisioned moving Eagle Mountain Casino to the 40 acres; in the spring of 2008, the City and Tribe made an agreement in which the City supported development of a casino on the site.

However, meetings between the City and Tribe were discontinued after Gov. Arnold Schwarzenegger vetoed a bill which would have allowed them to enter a joint powers agreement.

Since purchasing the acreage in 1989, the Tribe has submitted two other applications to put the land into federal trust. In 2003, the Bureau of Indian Affairs requested comments from the City as a part of its review process; at that time, the City responded with concerns about whether the trust would restrict future airport operations and the City’s ability to provide water and sewer to future developments in that area.

Fifth District Supervisor Mike Ennis has also aired concerns over future development on the land. He opposes the construction of any retail businesses on the land if taken into trust, as stores would be exempt from collecting state sales taxes.

County Administrative Officer Jean Rousseau said the County is reviewing the Tribe’s plans, and has yet to decide whether it will submit a letter of support, or opposition to the conveyance.

“It would be too premature to say at this point,” he said.

Now that the EA is complete, Cohen expects the Bureau of Indian Affairs to find that the project will not have a significant on the environment, which could ultimately trigger the conveyance.

“There’s no fixed time line. In my opinion this all could’ve been done six months ago,” he said.

Contact Jenna Chandler at 784-5000, Ext. 1050, or jchandler@portervillerecorder.com.