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A. Absent a determination that a proposed lease or project is exempt under Section 4-602(B)(1) or (B)(2) of this Title, the Department of Environmental and Natural Resources shall cause to be prepared a draft environmental impact report (EIR), analyzing the potentially significant effects of the proposed lease or project on the environment and lands under the jurisdiction of the Osage Nation.

B. The draft EIR shall provide detailed information about the significant effect on the environment that the proposed lease or project is likely to have and shall include a detailed statement setting forth the following:

1. A description of the physical environmental conditions in the vicinity of the lease or project (the environmental setting and existing baseline conditions), as they exist at the time the notice of preparation is issued;

2. All likely significant effects on the environment of the proposed lease or project, giving due consideration to short- and long-term effects;

3. In a separate section:

a. Any significant effect on the environment that cannot be avoided if the lease is executed as proposed;

b. Any significant effect on the environment that would be irreversible if the lease were to be executed as proposed; and

c. Any mitigation measures proposed, recommended, or required.

C. The draft EIR shall state the reasons for any determination of effects, or lack thereof, of the proposed lease activities on the environment beyond the jurisdiction of the Osage Nation, including those that are not significant and, consequently, are not discussed in detail in the draft EIR. ONCA 17-01, eff. Dec. 9, 2016.