§ 4-602. Threshold determination – Exemption.
A. Lease Subject to Environmental Review Process. If the environmental reviewer determines that a proposed lease or project is reasonably anticipated to have a significant effect on tribal land (such as land clearing, new building construction, or discharge of emission or effluent associated with site development) or a significant change in the human environment, the proposed lease or project shall be subject to the requirements of the environmental review process set forth in Section 4-603 of this Title.
B. Lease Exempt from Environmental Review Process of Section 4-603 of This Title.
1. The leasing decision may determine that a proposed lease or project is exempt from additional requirements of the environmental review process if the environmental reviewer, after reviewing the proposed lease or project and considering the activities that will be carried out under such lease or project, determines as a threshold matter that the proposed lease or project by its nature will not have a significant environmental impact on tribal land or is otherwise subject to an exemption under subsection (B)(2) of this section.
2. The leasing decision may determine that a proposed lease or project is exempt from the environmental review process of Section 4-603 of this Title if the environmental reviewer, in his or her discretion, determines that:
a. No significant change in use will result from the proposed lease or project;
b. The site was the subject of an environmental review process within the previous twenty-four (24) months for a substantially similar lease;
c. The site is within the footprint of an existing site for which an environmental review process was already conducted (for example, a space lease); or
d. Based on an environmental assessment of the activities under the proposed lease or project requested by the environmental reviewer in his or her discretion, any effects of the activities, either after mitigation or without mitigation if none is required, will be so de minimis that they will have no significant effect on the environment. The environmental assessment relied on under this subsection (B)(2)(d) shall be posted on the Osage Nation website not less than ten (10) days before the issuance of the leasing decision and finding of no significant effect.
3. Any leasing decision and finding of no significant effect made pursuant to subsection (B)(2)(d) of this section shall be posted on the Osage Nation website not less than thirty (30) days before the effective date of the lease. ONCA 17-01, eff. Dec. 9, 2016.