Notice of Availability of a Finding of No Significant Impact and Decision Statement

PUBLIC ANNOUNCEMENT – Click here to see FONSI Document

Notice of Availability of a Finding of No Significant Impact and Decision Statement

SUMMARY: The Bureau of Indian Affairs (BIA) Western Nevada Agency is publishing a Finding of No Significant Impact (FONSI) for the proposed BIA grant of right-of-way (ROW) to the Fallon Paiute-Shoshone Tribes for approximately 0.02 acre of land on the Fallon Indian Reservation in Churchill County, Nevada. The FONSI has been prepared by the BIA to fulfill its responsibilities under, and comply with, the National Environmental Policy Act of 1969, as amended (NEPA) after adoption of environmental documents prepared for or by Indian Health Service, US Department of Agriculture, and the Nevada Division of Environmental Protection (NDEP).

SUPPLEMENTARY INFORMATION: The grant of ROW by the BIA (federal action) would result in the following activities being conducted by FPST:

  • Expansion of an existing sewer lagoon
  • Construction of new 8-inch iron effluent pipeline on 0.01 acre of Allottment 658-F-113 and 0.01 acre of Allottment 658-F-317.

Impacts of the two activities are documented in and Environmental Report (ER) titled Fallon Paiute-Shoshone Tribes (FPST) Lagoon Expansion Project (May 2018) included as Appendix K to Preliminary Engineer Report for Fallon Paiute-Shoshone Tribes Lagoon Expansion Project (McGinnis 2018) and a FONSI publicly noticed by NDEP (2019).

FINDING: Pursuant to Title 25 (Indians), implementing procedures in 516 DM and 59 IAM 3-H (BIA NEPA Guidebook) codified at 43 Code of Federal Regulations (CFR) Part 46, and the regulations issued by the Council on Environmental Quality (CEQ), 40 CFR parts 1500-1508, this notice advises the public of our finding that the action described above will not significantly affect the quality of the human environment. The Proposed Action (granting of ROW) will result in negligible adverse effects to several resources. The BIA will implement measures that are discussed in the Final ER and FONSI to mitigate these effects.

The environmental impacts of approving the Project (Proposed Action) were considered in the Final ER pursuant to NEPA and CEQ regulations implementing NEPA. The Final ER and FONSI will be available for review at the BIA Western Nevada Agency for a period of 30 days upon posting of this notice.

The decision has been made to grant a ROW to FPST upon receipt of all submittals from the applicant and consent from the allottees, in accordance with 25 CFR Part 169, and based on the content of the Final ER and issuance of the FONSI. This decision will become final 30 days after posting of this notice. Members of the public determined to have standing may appeal this decision to the Interior Board of Indian Appeals pursuant to appeal procedures published at 25 CFR Part 2. If an appeal is filed, the notice of appeal must be filed in writing to this office and addressed as follows:

Interior Board of Indian Appeals
Office of the Assistant Secretary, Indian Affairs
Gerry Emm, Acting Superintendent
Bureau of Indian Affairs, Western Nevada Agency
311 E. Washington Street
Carson City, Nevada 89701-4065
Phone: (775) 887-3500