CEQA Review. 1. California Environmental Quality Act (“CEQA”). Government Code § 12012.56(b)(l)(C) states that in deference to tribal sovereignty, the execution of an intergovernmental agreement between a tribe and a county or city government negotiated pursuant to the express authority of, or as expressly referenced in, the Compact shall not be deemed a project for purposes of CEQA. This Agreement is an intergovernmental agreement between the Tribe and the County negotiated pursuant to the Compact and, therefore, execution of this Agreement is not subject to CEQA. 2. This Agreement does not commit the County to implement any public improvement, or to take any action that may result in physical changes in the environment. This Agreement requires the Tribe to make mitigation payments for identified mitigation measures and programs; however, the County retains discretion to elect not to implement any or all of the specific mitigation measures and programs identified in this Agreement. In the event the County elects not to approve or implement identified mitigation measures or programs, it will meet and confer with the Tribe and re-allocate the mitigation payment provided by the Tribe to other measures designed to address the relevant impact. 3. To the extent that the County is required to comply with CEQA with respect to any improvements, programs or activities identified in related to this agreement, the County will comply with CEQA prior to approving or implementing such improvements, programs or activities, This Agreement does not restrict the County's discretion to evaluate the impacts of such improvement, programs or activities, identify and adopt mitigation for such impacts, consider and approve alternatives designed to lessen such impacts, or deny approvals necessary for such improvement, programs or activities.
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