Before the United States of America Department of the Interior

BEFORE THE UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR

POTTER VALLEY TRIBE ) A Federally Recognized Indian Tribe, ) ) Applicant ) ______) )

APPLICATION OF THE POTTER VALLEY TRIBE TO THE SECRETARY OF THE INTERIOR TO ACCEPT LAND INTO TRUST FOR NON-GAMING PURPOSES

Potter Valley Tribe 1 Fee to Trust Application

TABLE OF CONTENTS

I. Introduction

II. Background of Applicant and Summary

III. Description of Property

IV. Tribal Resolution

V. Statutory Authority

VI. Consistency with Federal Policy

VII. Tribal Need

VIII. Purpose of Acquisition

IX. Impact on State and Local Jurisdiction

X. Jurisdictional Problems and Conflicts

XI. Mitigation Actions

XII. Impact on BIA Services

XIII. Proposed Form of Deed

XIV. Agreements for Purchase and Sale of Land

XV. Title Reports

XVI. Legal Description

XVII. Title Exceptions

XVIII. Rights of Way

XIX. Appraisal Reports

XX. NEPA Compliance

XXI. Description of Existing Terrain

XXII. Current Zoning Use

XXIII. Taxes

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TABS:

1. Letter of Support from Mendocino County

2. APN Maps – Redwood Valley Property APN No. 161-120-18

3. APN Maps – Michael Court Property APN No. 175-030-10

4. Title Documents – Redwood Valley Property

A. Grant Deed

B. Tax Bill

C. Title Report

D. Appraisal

5. Title Documents – Michael Court Property

A. Grant Deed

B. Tax Bill and Local Cooperation Agreement with Mendocino County

C. Title Report

D. Appraisal

6. Tribal Resolution

7. Applicable Statutes

8. Hass Report

9. Local Cooperation Agreement

10. Environmental Assessment

Potter Valley Tribe 3 Fee to Trust Application

APPLICATION OF THE POTTER VALLEY TRIBE TO THE SECRETARY OF THE INTERIOR TO ACCEPT LAND INTO TRUST FOR NON-GAMING PURPOSES

TO: The Honorable Ken Salazar, Secretary of the Interior:

I. Introduction

This is an application to place 2 parcels of land, equaling approximately nine (9) acres in Mendocino County, California (collectively, “the Properties”), into trust for tribal member housing and tribal purposes for the Potter Valley Tribe, a federally recognized Indian Tribe (“Tribe”). The Properties are part of the traditional homeland of the Pomo People, from whom the Tribe’s members are descended.

The Tribe purchased 3.3 acres of fee land in Redwood Valley in 2003, using funds from the Department of Housing and Urban Development – Indian Community Development Block Grant (HUD-ICDBG) program for the purpose of member housing. At the time of purchase, there were no suitable properties available for housing in Potter Valley. There are currently 4 tribal residences located on this property.

The Tribe purchased the 5.7 acres of fee land in Potter Valley 2006, using funds from the HUD-ICDBG program to meet the housing and community needs of its growing tribal membership, including its growing need to expand tribal governmental services, and protect its limited environmental resources. The Potter Valley parcel, known as the “Michael Court Property” provides one tribal residence and is a source of agricultural production for tribal member use.

The Tribe currently has no trust land for residential development or any other purpose. Therefore, trust lands are needed to sustain tribal population growth with housing and associated infrastructure. In addition the lack of trust land precludes the Tribe from being eligible for most grant funding that would otherwise be available to support the Tribe’s management of its lands. No gaming or other development is intended for, or anticipated on, the Properties, as the Tribe has determined that tribal housing is the highest and best use of the Properties.

II. Background and Summary

The Potter Valley Rancheria is affiliated with the Pomo People. In the early 1800’s there were 70 bands of Pomo people speaking seven Pomo languages. Prior to 1800, the total population was estimated to be 18,000. Many of the Pomoan speaking people lived in parts of what are now Mendocino, Lake and Sonoma counties. The territory they occupied was nearly 2000 square miles in area, stretching from the area of Willits in central Mendocino County, south to Santa Rosa in Sonoma County, west all the way to the Pacific Ocean, and east to the eastern shore of Clear Lake in Lake County. There were at least 11 village sites in Potter Valley alone near the turn of the 19th century.

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The Pomo migrated during the calendar year in order to situate themselves closer to seasonal food sources, and adjust to changing weather conditions. As a result, a particular band may utilize numerous village sites in a given year. Members of the different bands of Pomo also inter-married and traded frequently throughout the greater Pomo territory.

Other than occasional visits from explorers such as Juan Rodríguez Cabrillo in 1542 and Sir Frances Drake in 1579, there was little interaction with whites until the Spanish colonized California. In 1769, Spanish authorities in Mexico sent the first group of colonists and priests to set up military forts and missions in California. From 1769, until the last mission was built in Sonoma in 1823, the invading padres tried to convert the Native peoples to Christianity while forcing them to work as unpaid laborers.

In the early 1820's, California officially became a part of an independent Mexico. By the late 1830's, some Southern Pomo communities had been displaced by “California ranchos,” which were devoted to the raising of cattle and sheep. The Rancheros took over mission lands, using the surviving Native peoples as unpaid or poorly paid laborers, despite the fact that Mexico had outlawed slavery in 1831. In 1833, an epidemic of smallpox, cholera, scarlet fever and tuberculosis began spreading throughout the Pomo homelands, and in 1838 alone, as many as one-third of the people living in some village communities were killed.

In 1846 the United States entered into war with Mexico. In the 1848 Treaty of Guadalupe Hidalgo, Mexico officially relinquished any claim to California, Nevada, Utah, Arizona, New Mexico and part of Colorado. The following year, California was admitted as the 31st state in the union. The gold rush which began in 1849 brought great hardships to all Native peoples of Northern California. Gold seekers cared nothing for the lives of the Natives, and drove them from their homes or killed them in their villages.

Beginning in 1862, whites had been claiming “vacant” Native homelands under a provision of the Homestead Act. This provision, entitled all adult male citizens to 160 acres of land just by living on it and filing a claim. California Indians were not eligible to request a homestead, since by law they were not citizens of the United States.1

In 1885, families of the surviving Potter Valley Indians purchased land from a local rancher. By 1892, fourteen Indians paid in full and acquired title to this 10 acre parcel of land in Section 19, Township 17 N, Range 11W. According to Barrett, an early ethnographer, most of the remaining Potter Valley Indians were living on this land, with about 50 people in 11 houses.2 This settlement is recognized as representing all three of the original prehistoric Potter Valley triblet groups along with members of other local tribes. In the early 1900’s, Pomo children attended a small school on the land, which was operated by the Methodist Episcopal Church.

In 1909 the federal government purchased an additional 16 acres of land just north of and adjacent to the 10-acre property, and established the Potter Valley Rancheria. Later, in 1913 an 80-acre wood lot about 5 miles to the northwest was also acquired by the United States for the

1 American Indians did not officially become U.S. citizens until 1924. 2 A Short History of the Potter Valley, Archaeological Services, Inc., Kelseyville, CA (2003).

Potter Valley Tribe 5 Fee to Trust Application benefit of the Tribe. Even though the United States had purchased a small amount of land for the Potter Valley Pomo, it did little else to help them adjust to the destruction of their traditional way of life. The 16-acre Rancheria and 80-acre woodlot were too small to support all of the tribal families. At best, it was a place for them to live during the winter months; the rest of the year, most families had to live on or near the ranches where they worked.

In 1958, Congress passed the first “Rancheria Act” which led to the termination of 41 Rancherias in California. Among these--in addition to Potter Valley--were Guidiville, Pinoleville and Redwood Valley. The Potter Valley Rancheria was unlawfully terminated on August 1, 1961. Termination revoked the Tribe’s Federal status, excluded members from receiving further assistance as Indians, and distributed land assignments to eligible members. This placed the former Rancheria land into fee simple status, allowing members to live on, or dispose of the property – and be subject to property taxes for the first time.

The 10 acres purchased in 1892 (referred to as the “Spring Valley Road Property”) continued to be occupied by Potter Valley Pomo Indians and its’ descendents, however, other properties of the original Rancheria were sold over the years. In 2000, the Potter Valley Tribe took possession of the Spring Valley Road Property after the last remaining distributee passed away. Upon taking possession of the Property, the Tribe ousted individuals squatting on the land and destroyed marijuana plants the squatters were growing on the land. The Tribe has since paid taxes and managed the property which includes a tribal cemetery. However, because of the termination of the Tribe and distribution of the property in the name of 14 tribal members, the title is clouded and it thus cannot be taken into trust.

In 1979, distributes from thirty-four (34) Rancherias terminated under the California Rancheria Act brought a class action lawsuit in the Northern District Court of California against the United States and various government officials.3. The lawsuit alleged that the Federal Government had violated the Rancheria Act in its effort to terminate federal supervision of the tribes. In 1983, Judge Spencer Williams entered a Stipulation for Entry of Judgment that restored and confirmed the status of the individual plaintiffs and the seventeen tribes listed as class members in the lawsuit. The Potter Valley Tribe was included in the Stipulated Judgment and was restored to its federally-recognized status as of 1958, however the Rancheria lands were never restored into trust due to the prior sale to non-Indians and clouded title issues.”

On March 2, 1993 the Potter Valley Rancheria adopted a Constitution and By-laws, establishing a Tribal Council and assuming governmental functions. In 1999 the Tribe applied for, and was awarded its first General Assistance Program (GAP) grant from the U.S. Environmental Protection Agency (EPA). For the first time, the Tribe had an environmental office to utilize for representation and program development.

The Department of Housing and Urban Development (HUD) has two critical programs that address housing needs for Native Americans: NAHASDA (rental and housing assistance)

3 Tillie Hardwick, et. al. v. United States, U.S. Dist. Court, Northern Dist. of California, No. C-79-1710- SW

Potter Valley Tribe 6 Fee to Trust Application and ICDBG (land purchase, house and infrastructure construction). The Tribe began receiving NAHASDA funds in 1998 and in 2000 applied for funds to purchase land for housing. After considering several parcels in Potter Valley, they purchased their first land for housing in Redwood Valley in 2003 (the “Redwood Valley Property”).

During the period 1999-2004, many of the members of the Potter Valley Tribe applied for, and were accepted for membership by other local Pomo Tribes, including Sherwood Valley, Robinson, and Pinoleville Rancherias. During this period, economic development of many of the surrounding Pomo Tribes surpassed any progress or perceived potential for the Potter Valley Tribe. Many members and their families joined other Tribes with better economic potential. In 2004, the Tribe reorganized as the Potter Valley Tribe, and revised its constitution. The revised Constitution was approved by the Department of Interior on September 8, 2004.

In 2005 the Potter Valley Tribe purchased and rebuilt a community center in Ukiah, CA. In 2006, the Tribe purchased 5.6 acres in the small town of Potter Valley (the “Michael Court Property”). In 2009 the Tribe purchased a 69 acre ranch in Fort Bragg (Western Mendocino County) which it is in the process of developing for educational and economic development purposes. Presently, the Potter Valley Tribe is slowly growing and planning to acquire property for future generations. As a Tribe that has successfully leveraged all available financial resources, it has found itself in a position as a “technically” landless tribe because although it has acquired lands, it has no formal trust lands. The “landless” designation is detrimental to the Tribe as it disqualifies the Tribe from many technical assistance programs and funding opportunities that are vitally needed for the Tribe to protect its tribal assets resources.

III. Description of the Property (25 C.F.R. 151.13)

The Tribe requests that two parcels comprising a total of approximately nine (9) acres, be taken into trust. (See Parcel Site Maps at Tab 2 and 3). The following parcels’ grant deed, legal description, tax bills, title reports and appraisals are at Tabs 4 and 5:

a. ASSESSOR’S PARCEL NUMBER 161-120-18 (Tab 2): Approximately 3.3 acres (referred to as Redwood Valley Property).

b. ASSESSOR’S PARCEL NUMBER 175-030-10 (TAB 3): Approximately 5.7 acres (referred to as the Michael Court Property).

IV. Tribal Resolutions

A duly adopted Tribal Resolution by the Tribe's official governing body, the Tribal Council, authorizing the submission of this fee to trust application to the Bureau of Indian Affairs, dated April 30, 2013 is submitted herewith at Tab 6.

V. Statutory Authority (25 C.F.R. 151.10(a))

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a. 25 U.S.C. 465 et seq. The Tribe owns the above parcels in fee, free of encumbrances, and seeks to transfer it to the United States of America in trust for the Tribe's benefit pursuant to Section 5 of the Indian Reorganization Act, 48 Stat. 985, Act of June 18, 1934, 25 U.S.C. Sec 465 et seq. (See Tab 7)

b. 25 U.S.C. 465, 467. Pursuant to 25 U.S.C. 465 and 467, the Properties are intended for the exclusive use of Indians entitled by enrollment or by Tribal membership to reside on the Rancheria. (See Tab 7)

c. Consistency with Carcieri v. Salazar (2009) 555 U.S. 379. Although there is no requirement in the applicable statutes or regulations to make a showing of prior federal jurisdiction, the United States Supreme Court held in Carcieri v. Salazar, that the Secretary’s authority to take land into trust is limited to tribes that were under federal jurisdiction when the Indian Reorganization Act was enacted in 1934. As discussed in Carcieri, the question is not one of the existence of a tribe or of tribal ancestors in 1934, but one of whether or not a specific tribe can show evidence that it was under federal jurisdiction in 1934. (Id. at pp. 382-384, 395). There is no question that the Potter Valley Tribe was under federal jurisdiction in 1934, as set forth below:

(1) The federal government acquired lands for the Tribe in 1909 and 1913, establishing the Potter Valley Rancheria. The United States and its Bureau of Indian affairs maintained jurisdiction over the Rancheria in 1934, when the Indian Reorganization Act was enacted and thus the statues found at 25 U.S.C. 465 and 25 U.S.C. 467 were applicable to the Potter Valley Tribe.

(2) The Tribe was listed in the exhibits to “Ten Years of Tribal Government under the Indian Reorganization Act” written by Theodore Haas, Chief Counsel to the Bureau of Indian Affairs, (See “Haas Report” at Tab 8). The Tribe voted to accept the terms of the Indian Reorganization Act and organize pursuant to an IRA Constitution. The fact that the Potter Valley did accept the terms of the IRA was a basis for its initial organization, followed by reorganization after the Tribe was restored from its’ unlawful termination.

(3) The very fact that the Tribe was subjected to the California Rancheria Act and later found to have been unlawfully terminated under the Rancheria Act is evidence that the Tribe was under federal jurisdiction in 1934 and the United States is authorized under 25 U.S.C. 465 and 467 to accept land in trust for the benefit of the Potter Valley Tribe. The unlawful termination of the Tribe and restoration of the Tribe via the Stipulated Judgment is de facto evidence of the Tribe’s status in 1934 and could be used as res judicata in an appeal, if any, of a final decision to take the Properties into trust for the benefit of the Potter Valley Tribe.

VI. Consistency with 25 C.F.R. 151.3 Policy

The proposed land acquisition is consistent with the federal government's policy on acquiring land in trust on behalf of tribes set forth in 25 C.F.R. 151.3. That section provides for such acquisitions:

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(1) When the property is located within the exterior boundaries of the tribe's reservation or adjacent thereto, or within a tribal consolidation area; or

(2) When the tribe already owns an interest in the land; or

(3) When the Secretary determines that the acquisition of the land is necessary to facilitate tribal self-determination, economic development, or Indian housing.

The Tribe's request satisfies two and three of these criteria: (i) the parcels are not contiguous to the boundaries of the original Rancheria, however both parcels are within 15 miles of the Tribe’s original Rancheria, and the original Rancheria property currently has a clouded title; (ii) the Tribe holds fee title to the Properties (see Tabs 4 and 5); and (iii) the Tribe seeks the transfer of the Property for the development of Indian housing and to facilitate its self- determination and economic development by expanding its tribal governmental operations to grow with and accommodate Tribal members' Rancheria based employment, economic development opportunities, safety, and housing needs.

VII. Tribal Need for Additional Land (25 C.F.R. 151.10(b))

The Tribe's Lack of Trust Land Limits Residential Development

The Tribe presently has no trust land. The Potter Valley Tribe’s fee land holdings consist of four separate land bases in Mendocino County. The Tribe’s community building is located in the city of Ukiah, at 2251 S. State Street. It was purchased in 2004 and rehabilitated in 2005 with HUD Indian Community Development Block Grant funds. This building houses various Tribal programs that serve Indians of several local Tribes. All of the Tribe’s governmental programs are run from offices in the community building. The Tribe does not have current plans to apply for trust status on the Ukiah property because the location is near an urban area and other local tribes might object to such an application.

The Tribe owns a larger fee parcel (69 acres), located in Fort Bragg, CA 57 miles northwest of Ukiah. This land is currently being developed for economic purposes which include a camp site and RV park, in addition to providing a place for cultural and environmental education programs. The Tribe does not have current plans to apply for trust status on the Fort Bragg property because of the distance from the original Rancheria and because local issues would make trust acquisition extremely difficult, if not impossible.

The Properties which the Tribe seeks to put into trust is on accessible, primarily flat or easily gradable terrain suitable for residential development. There are currently 5 houses on the Properties, which are tribal member housing. Although the parcels are not contiguous to the exterior boundaries of the former Rancheria, they are well within the Tribe’s aboriginal area and were acquired specifically to meet its residential needs. The Properties currently include some of the infrastructure necessary to support a small residential community such as access to main roads, water, and sewage.

The Tribe Does Not Currently Possess Any Land in Trust

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The Tribe lost title to its 10 acres of Trust land purchased in 1892 due to the termination policies of the California Rancheria Termination Act of 1958. As stated previously, the 10 acres are currently managed by the Tribe, however the legal title is in the names of distributes who are now deceased, and therefore the Tribe would need to bring a Quiet Title action in state court, and successfully obtain clear title before it can take fee ownership of the land. The remaining tribal properties passed out of the Tribe’s ownership after its unlawful termination.

One important purpose for transferring the Property into federal trust is to provide additional tribal government services for Tribal members, and to develop economic opportunities consistent with the surrounding land-use practices. The Properties are ideal for agricultural development by the Tribe based on the success of the local growing market (due to soil and climate conditions). Although the Tribe has been successful in acquiring grants and building tribally-occupied homes, the Tribe is limited in the types of funding that it can obtain to support and maintain the resources located there because it does not hold any trust lands.

The Tribe’s primary purpose for this trust acquisition is to provide increased long-term socioeconomic security and self-determination for the Tribe through land acquisition. The Tribe plans to continue to use the land for its current use after acquisition. The proposed acquisition would provide greater control over land use matters, associated with tribal housing, facilities, and services for its members, by transferring jurisdiction over land use decisions from the County of Mendocino to the Tribal and federal governments. Acquisition of the proposed trust parcels will assist the Tribe’s efforts to preserve the existence of the Tribe and reestablish a reservation land base.

There is no development proposed for either site at this time. In the future, the Tribe may want to add additional housing to either of the parcels in order to accommodate young members needing housing or detached bedrooms. For the immediate future, the Redwood Valley parcel will remain in rural housing and the Michael Court parcel rural housing and agriculture. The Tribe followed traditional means of citizen's participation to determine priorities, with regular Tribal Council and special community meetings as needed. The membership determined that housing, land acquisition, employment, and education were all important to the Tribe’s future. The membership is deeply concerned about preservation of the Tribe’s sovereignty, particularly given its history with unlawful termination.

The proposed trust acquisition would allow the Tribe to meet the following objectives:

 Allow the Tribe to exercise its right to self-governance, self-determination, and sovereignty over a greater percentage of the land it owns;  Allow the Tribe to exercise Tribal jurisdiction to the extent that it does not conflict with federal law;  Improve the socioeconomic status of the Tribe;  Provide for funding for administration of health and welfare, housing, educational, social, environmental and other Tribal services

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 Allow the Tribe to avail itself of federal programs and services available for the benefit of the Tribe.

The proposed trust acquisition is an important step toward the Tribe’s long-standing goal of tribal self-determination.

Because the Tribe has no trust lands, it is considered a “landless tribe” for many purposes, and thus the Tribe’s eligibility for many federal programs and services is limited. For instance, although the Tribe has successfully implemented the USEPA – GAP environmental program since 1999, it is not eligible for the Section 106 Clean Water Act (CWA) funding because the Tribe remains a “landless” Tribe without a reservation land base. Despite having property with frontage on the east fork of the Russian River (Michael Court), the Tribe cannot implement federal programs under the CWA. Likewise, with the prospective acquisition of about 1½ miles of Eel River frontage the CWA funding would allow the Tribe to participate in essential resource management within its ancestral territory. The Tribe continues to be denied eligibility for many BIA Natural Resource programs (Integrated Resource Management Plan development, Wildland Fire & Fuels Reduction, Endangered Species, etc.) due to the fact that the Tribe remains a landless tribe without a reservation land base.

The preamble to the Constitution of the Potter Valley Tribe (2004), states that the members of the Tribal Council will: “provide for the health, safety, and welfare of our people, promote our economy, preserve and protect and pass on our culture to future generations, maintain community harmony, achieve fairness and justice, honor our traditions, our ancestors, and our elders, assert and exercise our sovereignty, affirm and build our territorial base, acquire land and water for future generations, protect the cultural and natural resources of our aboriginal land or any other acquired territory, and carry on enterprises for the benefit of our community…” As a Tribe with limited resources, the elected Tribal Council is duty bound to make best use of its land resources, while pursuing land acquisition for future generations of the Tribe. The Tribe will move toward achieving many of its goals when the Properties are taken into trust.

Summary of Need

The proposed acquisition of the Properties in trust to is needed to meet pressing residential needs of its members, and allow the Tribe to expand tribal government services. The Tribe has shown its ability to manage its resources and leverage all available funding sources, however the lack of trust land is a barrier to a majority of the natural resource management funding that is available to tribes with a trust landbase or a reservation. This disparity arises from a history of neglect and unlawful termination by the federal government, and that can only be resolved through this trust land acquisition. The Tribe seeks to be treated the same as all other tribes that have been able to achieve self-determination and to preserve its lands and resources for coming generations.

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VIII. Purposes For Which the Land Will Be Used - (25 C.F.R. 151.3(a), 151.10(c)

The Properties Are To Be Used for Tribal Housing and Tribal Government Services; The Acquisition is for Non-Gaming Purposes

The Tribe intends to use the Properties for the development of Tribal housing, resource management and agricultural production. The Properties allow the Tribe to expand its services to the Tribal members who currently have no Indian land on which they can reside. The location of existing Tribal member homes on the Properties would be leveraged by this acquisition into a formal Tribal Housing program that could include additional homes on buildable portions of the Properties. A formal Tribal Housing Program would enable the Tribe to access federal programs for that purpose and provide greater certainty to all Tribal members. The Property will be used for non-gaming purposes and therefore review of this application by the Bureau of Affairs gaming division will not be required.

IX. Impact on State and Political Subdivisions From Removal From Property Tax Rolls. (25 C.F.R. 151.10 (e))

The removal of the Properties from the tax roll will have no material impact on the local government or the State of California. The total real property taxes for the Properties for the fiscal year 2012-2013 were $17,285.94 for the Redwood Valley Parcel and $150 for the Michael Court Parcel (See 2012-2013 Property Tax Bills at Tabs 4(B) and 5(B). The Michael Court Parcel is currently subject to a Local Cooperation Agreement that provides a state property tax exemption for low income tribal housing. The NAHASDA statute provides for the Tribe to enter into a Local Cooperation Agreement where NAHASDA funds are used to provide tribal housing that is owned by the recipient Tribe. The Potter Valley Tribe entered into a Local Cooperation Agreement that provides an exemption from property tax so long as the land is used for low- income tribal housing. The Local Agreement is terminable at any time, and a copy is attached at Tab 9.

The Tribe provides a great deal of public service in the local community, particularly through its Environmental Youth Encampment each summer at its Fort Bragg property. The Tribe’s charitable work and outreach to local Native people can be enhanced with a reduced tax payment, which would result in a net benefit to the local community.

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X. Jurisdictional Problems or Conflicts (25 C.F.R. 151.10 (f))

The planned use of the Properties is consistent with the uses of lands surrounding the Properties. No additional jurisdictional problems or conflicts are anticipated as a result of the intended land use and the removal of state and local jurisdiction. The Michael Court Parcel and the surrounding property are zoned agricultural with residential use. Most adjacent parcels currently support similar agricultural operations and/or housing. The Redwood Valley Parcel is zoned suburban residential. As such, the anticipated uses of these Parcels are consistent with the surrounding area.

XI. Mitigation Actions That Are Planned in Order to Reduce Adverse Impacts, If Any, on State or Local Governments

The Tribe has completed an Environmental Assessment (“EA”) in accordance with the requirements set out in the NEPA of 1969 (42 United States Code [U.S.C.] 4321 et seq.); the Council on Environmental Quality Guidelines for Implementing NEPA (40 CFR Parts 1500– 1508); and the BIA’s NEPA regulations (30 BIAM Supplement 1). The EA is to be included with the application in the record. The document provides a detailed description of the Proposed Action and analysis of the potential consequences associated with the development of this project. The EA also includes a discussion of alternatives, along with impact avoidance and minimization efforts to mitigate impacts.

NEPA requires Federal agencies to review and analyze the environmental consequences associated with proposed actions. The actions involve placing the 9 acres held in fee into federal trust for the Tribe per 25 CFR Part 151.

XII. Impact Upon BIA Services (25 C.F.R. 151.10(g))

None. The Tribe currently accepts little assistance from the Bureau of Indian Affairs (“BIA”). Accepting the Properties into trust should not impose any material additional responsibilities or burdens on the BIA beyond those already inherent in the Federal trust relationship between the BIA and the Tribe. It is anticipated that any costs other than those already included in the Tribe's Tribal Priority Allocation will be borne by the Tribe, and that the Tribe will have adequate resources to assume that burden, particularly with the ability to apply for local, state and federal land management programs. Any Tribal housing expansion that could occur is intended to be primarily financed by the Tribe, and not as a burden on the federal government.

XIII. Proposed Form of Deed

The deed proposed for this acquisition would be a grant deed in form and executed in accordance with law. The deed would run from the Tribe, as fee owner and grantor, to the United States of America, as grantee in trust for the benefit of the Tribe. The deed will be supported by a duly enacted Tribal resolution, all of which the Tribe will submit for review as to form before formal execution and submission when this transaction is nearing closure, and as and when the Secretary requires.

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XIV. Agreements for the Purchase or Exchange of the Property

There are no agreements for purchase of exchange of the Properties, as the Tribe owns them in fee simple absolute with no encumbrances..

XV. Current Title Reports and Policies

Current title reports and title insurance policies for both the Redwood Valley Parcel and the Michael Court Parcel are attached at Tabs 4(C) and 5(C). The Tribe also agrees and assumes responsibility for obtaining title insurance when the grant deed is transferred to the United States in trust for the benefit of the Tribe.

XVI. Land Descriptions

Legible metes and bounds descriptions are provided as attachments to the deeds for the parcel at Tabs 4 and 5. Identical descriptions shall be used for the deed to the United States.

XVII. Title Exceptions

Title exceptions, if any, are listed in the respective title exceptions for the Parcels. The Tribe is not aware of any monetary liens, but if any are found, will be brought current by the Tribe prior to transference to the United States.

XVII. Rights of Way of Record

The only rights of way of record or known are utility and access easements, none of which will interfere with the intended use of the subject Properties.

XIX. Appraisal Reports

Appraisal reports for both the Redwood Valley Parcel and the Michael Court Parcel are attached at Tabs 4(D) and 5(D).

XX. NEPA Compliance (25 C.F.R. 151.10(h))

An Environmental Assessment has been prepared by Gregg Young, M.A., and is attached at Tab 9. The Environmental Assessment provides for the Secretary to comply with 516 DM 6, Appendix 4, National Environmental Policy Act Revised Implementing Procedures, and 602 DM 2, Land Acquisitions: Hazardous Substances Determinations. The Environmental Assessment was prepared in consultation with the Bureau of Indian Affairs, Central California Agency.

XXI. Description of Existing Terrain, Improvements And/or Occupants

Redwood Valley Property

Redwood Valley is 2 to 3 miles wide, located in the central portion of Mendocino County, California, north of Ukiah and Lake Mendocino, and south of Willits. Redwood Valley lies on a series of higher terraces, through which the west fork of the Russian River flows. The

Potter Valley Tribe 14 Fee to Trust Application valley is clearly defined by the coastal mountain ranges that surround it; the Mayacama Range to the east and Coastal Range to the west. The surrounding ridges rise from the valley floor to over 3,350 feet in elevation. Redwood Valley covers about 35 square miles. The small town is located in the center of the valley, and has a post office, store, gas station schools, a bar, a few offices and restaurants.

Potter Valley Parcel

Potter Valley is about 7½ miles long and 2½ miles wide, with its length running north- south, located just north of Lake Mendocino, at the headwaters of the east fork of the Russian River. Access is from Highway 20 to the south. The roads through the valley reach the northern end, and go over the ridge to the Eel River and Mendocino National Forest. From the Eel River, many of the roads entering and through the national forest are dirt. They do connect to Covelo valley to the northwest and the Sacramento valley to the northeast, although access is seasonal. The small town of Potter Valley is located in the center of the valley, and has a post office, store, schools, a bar, a few offices and two restaurants.

Potter Valley Tribe members and families live at the properties in Redwood Valley and Potter Valley. A total of 33 adults and children live in 7 households (including one in Santa Rosa). Between 2000 and 2005 over 25 members applied for, and were accepted for membership in nearby tribes (i.e. Sherwood Valley Rancheria, Robinson Rancheria and Pinoleville Rancheria). As a small tribe, the Potter Valley Tribe is developing programs and adding to its land base for future growth. There are currently 22 minor children living on tribal lands who will need housing, employment, and recreational opportunities in the near future.

XXII. Current Zoning Use

The following are the land use classifications of all the Potter Valley Tribe lands subject to this Application:

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Acreage/ Sq Parcel A/P Number Zoning Ft

Potter Valley Michael Court:

12100 Michael Court 175-030-10 5.8 ac Suburban Residential

Potter Valley, CA 95469

Redwood Valley

1950 Held Rd AG 40 1970 Held Rd 161-120-18 3.3 ac (Legal, non- 9930 East Rd conforming) 9950 East Rd

Redwood Valley, CA 95470

Project Parcels – Land Usage

The Potter Valley-Michael Court property is currently used for rural housing (1 residence), small farm and livestock production, with a riparian reserve area. The Redwood Valley property is used only for rural housing (4 residences).

XXIII. Taxes

As noted above, all property taxes are paid, if any are found to be unpaid, they will be paid by the Tribe as a condition of said transfer.

Respectfully submitted,

POTTER VALLEY TRIBE, a Federally Recognized Indian Tribe

By: ______

Potter Valley Tribe 16 Fee to Trust Application

Salvador Rosales Chairperson

NOTICES AND CORRESPONDENCE

Please address all Notices and Correspondence with respect to this application to:

Salvador Rosales, Tribal Chairperson Potter Valley Tribe 2251 South State Street Ukiah, CA 95482

With a Copy to:

Michelle LaPena LaPena Law Corporation 777 Campus Commons Rd. Suite 200 Sacramento, CA 95825 Tel: (916) 442-9906 Fax: (916) 442-9907 Email: [email protected]

Potter Valley Tribe 17 Fee to Trust Application TABLE of CONTENTS

1. INTRODUCTION ...... 1 1.1 PROJECT DESCRIPTION ...... 2 1.2 TRIBAL BACKGROUND ...... 3 1.3 PURPOSE AND NEED FOR THE PROPOSED ACTION...... 5 1.4 OVERVIEW OF THE ENVIRONMENTAL REVIEW PROCESS ...... 7 1.5 ENVIRONMENTAL ISSUES ADDRESSED ...... 7 1.6 REGULATORY REQUIREMENTS AND APPROVALS...... 8

2. PROPOSED ACTION AND ALTERNATIVES...... 8 2.1 PROPOSED ACTION ...... 8 2.2 NO ACTION ALTERNATIVE ...... 9 2.3 COMPARISON OF THE PROPOSED ACTION AND ALTERNATIVES ..... 9 2.3.1 Proposed Action ...... 9 2.3.2 No Action Alternative ...... 9

3. AFFECTED ENVIRONMENT ...... 9 3.1 GENERAL SETTING ...... 10 3.2 CLIMATE ...... 10 3.3 LAND RESOURCES ...... 10 3.3.1 Geological Setting ...... 10 3.3.2 Earthquake Faults and Seismic Activity ...... 11 3.3.3 Soils...... 12 3.3.4 Characteristics of the General Soil Types ...... 13 3.3.5 Topography ...... 14 3.3.6 Mineral Resources ...... 14 3.4 WATER RESOURCES ...... 15 3.4.1 Hydrology of the Area ...... 15 3.4.2 Water Supplies ...... 17 3.4.3 Protection of Water Resources...... 18 3.4.4 Floodplain Encroachment ...... 18 3.4.5 Stormwater ...... 18 3.4.6 Wastewater ...... 19 3.5 AIR QUALITY ...... 19 3.5.1 Monitoring and Compliance ...... 19 3.5.2 Air Quality - Inland Valleys ...... 20 3.5.3 Sources of Air Pollution...... 21 3.6 BIOLOGICAL RESOURCES ...... 21 3.6.1 Biological Setting...... 21 3.6.2 Plant Communities ...... 22 3.6.3 Wildlife and Fish Species ...... 23 3.6.4 Effects of Human Occupation on Living Resources...... 24 3.6.5 Rare or Endangered Species ...... 24 3.6.6 Listed Species on Potter Valley Tribal Lands...... 27 3.6.7 Biological Survey...... 27 3.7 CULTURAL RESOURCES ...... 27 3.7.1 Laws for Cultural Resource Protection ...... 27 3.7.2 Mendocino County Archaeology and Prehistory ...... 29 3.7.3 Cultural Resources on the Project Sites ...... 31 3.7.4 State Office of Historical Preservation Notification ...... 33 3.8 SOCIOECONOMIC CONDITIONS/ENVIRONMENTAL JUSTICE ...... 33 3.8.1 Demographics ...... 33 3.8.2 Attitudes, Expectations, Lifestyle, and Cultural Values ...... 34 3.9 TRANSPORTATION, CIRCULATION and NOISE ...... 34 3.9.1 Access ...... 34 3.9.2 Noise ...... 36 3. 10 LAND USE ...... 36 3.10.1 Existing Land Uses ...... 36 3.10.2 Agriculture ...... 38 3.10.3 Coastal Zone, Wilderness Area, Wild and Scenic Rivers ...... 38 3.11 PUBLIC SERVICES ...... 38 3.11.1 Drinking Water ...... 38 3.11.2 Wastewater ...... 39 3.11.3 Solid, Medical & Hazardous Waste ...... 39 3.11.4 Electricity, Heating Fuel, and Telecommunications ...... 40 3.11.5 Law Enforcement ...... 40 3.11.6 Fire Protection and Emergency Response ...... 40 3.11.7 Schools and Hospitals ...... 41 3.12 HAZARDOUS MATERIALS ...... 42 3.12.1 Phase I Contaminant Surveys ...... 43 3.13 VISUAL RESOURCES ...... 45 3.14 CLIMATE CHANGE ISSUES ...... 45 3.14.1 Regulatory Considerations ...... 45 3.14.2 Climate Change and the Proposed Action ...... 46 3.14.3 Greenhouse Gas Emissions ...... 47 3.15 RESOURCE USE PATTERNS ...... 47 3.15.1 Hunting, Fishing, Gathering ...... 47 3.15.2 Timber Harvesting, Agriculture, Mining ...... 48 3.15.3 Recreation ...... 48

4. ENVIRONMENTAL CONSEQUENCES ...... 48 4.1 PROPOSED ACTION ...... 49 4.1.1 Land Resources ...... 50 4.1.2 Water Resources ...... 50 4.1.3 Air Quality ...... 51 4.1.4 Biological Resources ...... 51 4.1.5 Cultural Resources ...... 52 4.1.6 Socioeconomic Conditions/Environmental Justice ...... 52 4.1.7 Transportation, Circulation and Noise ...... 53 4.1.8 Land Use ...... 54 4.1.9 Public Services ...... 54 4.1.10 Hazardous Materials ...... 57 4.1.11 Visual Resources ...... 57 4.1.12 Climate Change Issues ...... 57 4.1.13 Resource Use Patterns...... 59 4.2 NO ACTION ALTERNATIVE ...... 60 4.2.1 Land Resources ...... 60 4.2.2 Water Resources ...... 60 4.2.3 Air Quality ...... 60 4.2.4 Biological Resources ...... 60 4.2.5 Cultural Resources ...... 60 4.2.6 Socioeconomic Conditions/Environmental Justice ...... 60 4.2.7 Transportation, Circulation and Noise ...... 61 4.2.8 Land Use ...... 61 4.2.9 Public Services ...... 61 4.2.10 Hazardous Materials ...... 61 4.2.11 Visual Resources ...... 61 4.2.12 Climate Change Issues ...... 61 4.2.13 Resource Use Patterns...... 61 4.3 CUMULATIVE IMPACTS ...... 61 4.3.1 Land Resources ...... 62 4.3.2 Water Resources ...... 62 4.3.3 Air Quality ...... 62 4.3.4 Biological Resources ...... 62 4.3.5 Cultural Resources ...... 62 4.3.6 Socioeconomic Conditions/Environmental Justice ...... 63 4.3.7 Transportation, Circulation and Noise ...... 63 4.3.8 Land Use ...... 63 4.3.9 Public Services ...... 63 4.3.10 Hazardous Materials ...... 63 4.3.11 Visual Resources ...... 63 4.3.12 Climate Change Issues ...... 64 4.3.13 Resource Use Patterns...... 64

5. MITIGATION MEASURES ...... 64 5.1 Land Resources ...... 65 5.2 Water Resources ...... 65 5.3 Air Quality ...... 66 5.4 Biological Resources ...... 66 5.5 Cultural Resources ...... 66 5.6 Socioeconomic Conditions/Environmental Justice ...... 67 5.7 Transportation, Circulation and Noise ...... 67 5.8 Land Use ...... 67 5.9 Public Services ...... 67 5.10 Hazardous Materials ...... 67 5.11 Visual Resources ...... 67 5.12 Climate Change Issues ...... 68 5.13 Resource Use Patterns...... 68

6. AGENCIES CONTACTED REGARDING THIS PROJECT ...... 68 ENVIRONMENTAL ASSESSMENT CHECKLIST STATUTORY CHECKLIST REFERENCES APPENDIX:

Potter Valley Tribe

ENVIRONMENTAL ASSESSMENT:

CONVEYANCE of FEE PROPERTIES to FEDERAL TRUST

5.7 Acre Property Michael Court, Potter Valley and 3.3 acre Property East Road & Held Road, Redwood Valley Mendocino County, California

Adopted by the Tribal Council of the Potter Valley Tribe on February 22, 2013

Prepared for: Prepared by: Potter Valley Tribe Gregg Young, M.A. 2251 S State Street P.O. Box 246 Ukiah, CA 95482 Talmage, CA 95481

ENVIRONMENTAL ASSESSMENT:

CONVEYANCE OF FEE PROPERTIES TO FEDERAL TRUST

1. INTRODUCTION

This Environmental Assessment (EA) has been prepared on behalf of the U.S. Bureau of Indian Affairs (BIA) to support an application from the Potter Valley Tribe (Tribe) for land to be placed into federal trust (Proposed Action). The BIA is the federal agency charged with reviewing and approving tribal applications pursuant to 25 Code of Federal Regulations (CFR) Part 151 to take land into federal trust status.

The land proposed for trust acquisition, which is currently owned in fee by the Tribe, consists of approximately 9.0 acres in Mendocino County, California. The Mendocino County assessor’s parcel numbers (APN) for the project are shown below in Table 1-1

TABLE 1-1 PROJECT SITE PARCELS

Parcel A/P Number Designated Parcel Name Acreage

Redwood Valley 1950 Held Rd 1970 Held Rd 161-120-18 Redwood Valley 3.3 ac 9930 East Rd 9950 East Rd Redwood Valley, CA 95470 Potter Valley MC: 12100 Michael Court 175-030-10 Michael Court 5.7 ac Potter Valley, CA 95469

This EA has been prepared in accordance with the requirements set out in the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq); the Council on Environmental Quality (CEQ) guidelines for Implementing NEPA (40 CFR Parts 1500-1508); and the BIA’s NEPA Handbook 59 IAM 3-H. This EA provides a detailed description of the Proposed Action and an analysis of the potential environmental consequences associated with the Proposed Action. This EA also includes a discussion of alternatives, impact avoidance, and mitigation measures. Consistent with the requirements of NEPA, the BIA will review and analyze the environmental consequences associated with the Proposed Action, and either determine that a Finding of No Significant Impact (FONSI) is appropriate, or request that an Environmental Impact Statement (EIS) be prepared.

The Proposed Action is to convey two of five Mendocino County properties currently owned in fee by the Potter Valley Tribe to federal trust status. The primary objective of this EA is to evaluate a number of alternatives to determine whether the Proposed Action presents the best approach for the Tribe and the BIA. The EA will assess the environmental, social, and economic impacts associated with the Proposed Action and other reasonable alternatives. The two

PVT 2013 Land Fee to Trust EA 1

properties subject to this EA are presently referred to as the Redwood Valley (in Redwood Valley) and Michael Court (in Potter Valley) properties.

Redwood Valley property: The Tribe purchased the 3.3 acres of Redwood Valley fee land in 2003, using funds from the Department of Housing and Urban Development – Indian Community Development Block Grant (HUD-ICDBG) program for the purpose of member housing. At the time of purchase, there were no suitable properties available for housing in Potter Valley. There are currently 4 Tribal residences located on this property.

Michael Court property: The Tribe purchased the 5.7 acres of fee land in Potter Valley 2006, using funds from the HUD-ICDBG, for the purpose of housing and economic development for the Potter Valley Tribe. The Tribe has considered construction of additional houses on this site; it is presently used for one Tribal residence and agricultural production.

1.1 PROJECT DESCRIPTION This project proposes the conveyance of land in Mendocino County, from “fee” to “federal trust” status for the benefit of the Potter Valley Tribe. Two parcels, currently owned by the Tribe, are involved in this project. The Redwood Valley property is located at the corner of East and Held Roads in Redwood Valley; approximately 12 miles from the Tribal Offices in Ukiah. The Michael Court property is located in Potter Valley, approximately 19 miles from their Tribal Offices in Ukiah (See Appendix 1.1 PVT APN Maps).

The location and addresses are as follows:

TABLE 1-2 PROJECT SITE LOCATIONS

Parcel Acreage Quad Map Location Coordinates

Redwood Valley 1950 Held Rd 1970 Held Rd 3.3 ac W side S32- T17N - R12W Lat 39◦ 17’ Long 123◦ 12’ 9930 East Rd 9950 East Rd Redwood Valley, CA 95470 Potter Valley MC: ◦ ◦ 12100 Michael Court 5.7 ac SW portion S17 - T 17N R 11W Lat 39 19’ Long 123 06’ Potter Valley, CA 95469

PVT 2013 Land Fee to Trust EA 2

Location Maps

POTTER VALLEY

1.2 TRIBAL BACKGROUND Most California Indians have been living in California for a very long time. Archeological work at Borax Lake, just east of Clear Lake in Lake County, shows that Native people were living here 10,000-12,000 years ago. The place we now call California provided ideal conditions for native populations. California's warm summers and mild winters were better suited to year around food production than most other parts of the continent. Winter rains gave plants new life at a time when snow covered the ground in other places as far north or south of the equator. These same rains also bring with them the return of pelagic fish--especially salmon and steelhead trout-- to the rivers and smaller streams. Warm and dry summers created ideal conditions for the growth of grasses, tubers, shrubs, fruit and nut trees. Dry conditions at the end of the long summer growing season meant that there were a variety of storable, highly nutritious foods available before the cooler weather of winter returned. All these things provided a good supply of food for birds, land, and aquatic animals. These other animals, in turn were another dependable food source for the native peoples. Natives were able to adapt their ways of living to the many resources of foods and other necessities of life they found in ancient California without having to rely on agriculture. They settled in family groups that worked together to provide all of the essentials of living from the land they called home. Living conditions were so good for people, that by 500 years ago California had a greater number of people per square mile than any other part of North America except Mexico and some areas of Central America.

During the 1850's and 1860's the European immigration and settlement of the homelands changed the landscape and displaced most Northern Pomos. Below is a list of former Native communities in the Redwood & Potter Valley areas (English versions of community names recorded by writers from 1890-1910; from Bell, 1988).

MASUT - Walker Valley and the Forsythe Creek drainage from Ridgewood to Calpella (western Redwood Valley). KOMLI - Northern part of the Ukiah Valley from Talmage to Calpella. SHODA-KAI - Coyote Valley, present day site of Lake Mendocino, on the East fork of PVT 2013 Land Fee to Trust EA 3

the Russian River. KACHA - Redwood Valley, along the West Fork of the Russian River north of Calpella. POMO - southern Potter Valley as far as the meeting of the East Fork of the Russian River with Cold Creek. MATUKU - Cold Creek from Blue Lakes to the meeting with the East Fork of the Russian River.

BEGINNINGS OF THE POTTER VALLEY RANCHERIA

In 1885, 14-18 families of the surviving Potter Valley Indians purchased land from a local rancher. By 1892, fourteen Indians paid in full and acquired title to this 10 acre parcel of land on Spring Valley Road in western Potter Valley. According to Barrett, an early ethnographer, in 1908 most of the remaining Potter Valley Indians were living on this land, with about 50 people in 11 houses (ASI, 2003). This settlement is recognized as representing all three of the original prehistoric Potter Valley tribelet groups along with members of other local tribes. Around 1900 native children attended a small school on this land, operated by the Methodist Episcopal Church. The ruins of this school were still present on a map in 2001. There is a Pomo cemetery that may be prehistoric, located up the hill to the south of the land. There are some marked and many unmarked grave sites, including one of the original landowners and tribal leaders, Tony Metock (1933).

In 1909 the Bureau of Indian Affairs bought an additional 16 acres of land just north of and adjacent to the 10-acre property, and established the Potter Valley Rancheria. Later, in 1913 an 80-acre wood lot about 5 miles to the northwest was added. These two properties are still located on topographic maps, depicted (erroneously) as belonging to the Potter Valley Rancheria.

TERMINATION In 1958, Congress passed the first "Rancheria Act", and 41 Rancherias in California were terminated. Among these--in addition to Potter Valley--were Guidiville, Pinoleville and Redwood Valley. Coyote Valley (which had been relocated with the construction of Lake Mendocino in the mid-1950's), Laytonville and Sherwood Valley chose to remain under U.S. government supervision. Throughout California, 7,601 acres of trust lands were terminated, along with 1330 Native people. The Potter Valley Rancheria was formally terminated on August 1, 1961. This revoked the Tribe’s Federal status, excluded members from further assistance as Indians, and distributed land assignments to eligible members. The Rancheria Act transferred tribal lands to fee simple status, allowing members to live on or dispose of the property – and be subject to property taxes for the first time in history. The land purchased in 1892 continued to be occupied by Potter Valley Pomo Indians and their descendants. Properties of the original Rancheria were sold over the years; there are only 1 or 2 properties still belonging to the descendants of the Indians who lived there.

In the mid-1970s the Potter Valley Rancheria joined with 16 other Tribes seeking restoration of federal Indian status. With the assistance of California Indian Legal Services, the Tribes filed suit against the United States government for illegally terminating Tribes in violation of the California Rancheria Act. The seventeen Indian Rancherias in the lawsuit known as Tillie Hardwick vs. United States - (C-79-1710SW) prevailed and on December 22, 1983 the United PVT 2013 Land Fee to Trust EA 4

States District Court for the Northern District of California ordered full restoration of tribal status. The result was that all plaintiff tribes, and their tribal members were again eligible for federal services and benefits based on their status as Indians, tribal entities were recognized as sovereign nations, and tribal lands could be restored to trust status.

On March 2, 1993 the Potter Valley Rancheria adopted a constitution and by-laws, establishing a Tribal Council and assuming governmental functions. In 1999 the Tribe applied for, and was awarded its first General Assistance Program (GAP) grant from the US EPA. For the first time, the Tribe had an environmental office to provide for representation and program development. The Department of Housing and Urban Development (HUD) has two critical programs that address housing needs for Native Americans: NAHASDA (rental and housing assistance) and ICDBG (land purchase, house and infrastructure construction). The Tribe began receiving NAHASDA funds in 1998 and in 2000 applied for funds to purchase land for housing. After considering several parcels in Potter Valley, the Tribe purchased land for housing in Redwood Valley in 2003. In 2004 the Tribe reorganized under the name Potter Valley Tribe, and revised the constitution, which was approved by the Department of Interior on September 8, 2004. During the period 1999-2004 many of the members of the Potter Valley Indian Tribe applied for, and were accepted for membership by other local tribes, including Sherwood Valley, Robinson, and Pinoleville Rancherias. During this period, economic development of many of the surrounding Pomo tribes surpassed any progress or perceived potential for the Potter Valley Tribe. Many members and their families joined other tribes with better economic potential.

In 2005 the Tribe purchased and rebuilt a community center in Ukiah. In 2006 the Tribe purchased 5.6 acres in the town of Potter Valley. This property, with one house and room for possibly 3 more, will provide for the housing needs of the Tribe for the next 5 years. In 2009 the Potter Valley Tribe purchased a 70 acre property north of Fort Bragg with the intention of adding to the Tribe’s land base, economic development (creating a campground/RV park), and renewing the connection to the coast near where its ancestors had summer camps.

The Tribe’s service population has ranged from over 1500 pre-1859 (ASI, 2003) to about 100 in the 1990’s, to less than 50 since 2006. As members left to join other local Tribes during the governmental re-organization, the Tribe managed to continue its functions, and now provides housing assistance, cultural education, and environmental programs to its own members and to other local Tribes. Prior to 1999, many tribal members were living below poverty level. In 2000 the California voters passed Proposition 1A. This constitutional amendment provides for regulation of gaming and distribution of money from gaming tribes to non-gaming tribes in California. Although it was several years before distribution of monies actually began, the standard of living of Potter Valley Tribal members and their families continues to improve. The current population (2012) residing on Tribal lands is 31, which includes Tribal members, spouses and children (including some members of neighboring tribes). The current population count and tribal status of the service population is in the Appendix (see 1.2 Population PVT 2012).

1.3 PURPOSE AND NEED FOR THE PROPOSED ACTION Purpose The Tribe’s purpose for taking the 9.0± acres of land into trust is to provide increased long-term socioeconomic security and self-determination for the Tribe through land acquisition. The Tribe

PVT 2013 Land Fee to Trust EA 5

plans to continue to use the land for its current use after acquisition. The Proposed Action would also provide greater control over land use matters, associated with tribal housing, facilities, and services for its members, by transferring jurisdiction over land use decisions from the County of Mendocino to the tribal and federal governments. Acquisition of the proposed trust parcels will assist the Tribe’s efforts to preserve the existence of the Tribe and reestablish a reservation land base.

There is no development proposed for either site at this time. In the future, the Tribe may want to add additional housing to either of the parcels in order to accommodate young members needing housing or detached bedrooms. For the immediate future, the Redwood Valley parcel will remain in rural housing and the Michael Court parcel rural housing and agriculture. The Tribe followed traditional means of citizen's participation to determine priorities, with regular Tribal Council and special community meetings as needed. The membership determined that housing, land acquisition, employment, and education were all important o the Tribe’s future. The Tribe is deeply concerned about the health and safety as well as the education of the children and community as a whole.

Implementation of the Proposed Action would allow the Tribe to meet the following objectives:

The Proposed Action is an important step towards the Tribe’s long-range plans for providing housing, community, recreational, and economic development facilities for present and future generations.

Need The Potter Valley Tribe has a total of 5 properties in 6 parcels, all of which are currently owned in fee by the Tribe. None of the properties are held in federal trust for the benefit of the Tribe, which continues to limit the Tribe’s eligibility for many federal programs and services. For instance, although the Tribe has successfully implemented the USEPA – GAP environmental program since 1999, they are not eligible for the Section 106 Clean Water Act (CWA) funding because the Tribe remains a “landless” Tribe without a reservation land base. Despite having property with frontage on the east fork of the Russian River (Michael Court), the Tribe cannot implement federal programs under the CWA. Likewise, with the prospective acquisition of about 1½ miles of Eel River frontage (see following section) the CWA funding would allow the Tribe to participate in essential resource management within its ancestral territory. The Tribe continues to be denied eligibility for many BIA Natural Resource programs (Integrated Resource Management Plan development, Wildland Fire & Fuels Reduction, Endangered Species, etc.)

PVT 2013 Land Fee to Trust EA 6

due to the fact that the Tribe remains a landless Tribe without a reservation land base, as the federal government does not hold title to any land in trust for the benefit of the Tribe.

The preamble to the Constitution of the Potter Valley Tribe (2004), states that the members of the Tribal Council will: “provide for the health, safety, and welfare of our people, promote our economy, preserve and protect and pass on our culture to future generations, maintain community harmony, achieve fairness and justice, honor our traditions, our ancestors, and our elders, assert and exercise our sovereignty, affirm and build our territorial base, acquire land and water for future generations, protect the cultural and natural resources of our aboriginal land or any other acquired territory, and carry on enterprises for the benefit of our community…” As a Tribe with a small land base, the elected Tribal Council is duty bound to make best use of its land resources, while pursuing land acquisition for future generations of the Tribe. The Tribe will move toward achieving these goals if the Proposed Action is approved and the two parcels are taken into trust.

The Tribe’s Comprehensive Economic Development Strategy (2002) was written when the Tribe had a very small land base, with a need for housing and economic development. The four goals at that time were 1) land acquisition, 2) promotion of home ownership for Tribal members, 3) establish a community center from which programs can operate, and 4) improve and expand community services. Since that time, the Tribe has purchased land for housing in Redwood Valley (2003) and Potter Valley (2006), completed a Tribal Community Center in Ukiah (2005), and purchased land for recreational and development in Ft. Bragg (2009). Conversion of two parcels to trust would assist with two important goals of the strategy: 1) land acquisition and 4) improved and expanded community services, by increasing eligibility to many federal programs.

1.4 OVERVIEW OF THE ENVIRONMENTAL REVIEW PROCESS This EA has been prepared to analyze and document the environmental consequences associated with the transfer of approximately 9.0 acres of land into federal trust status for benefit of the Tribe. The EA will be released for a 30-day comment period. Comments will be considered by the BIA, and either a FONSI will be prepared, or additional environmental analysis will be conducted. After the NEPA process is complete, the BIA may issue a determination on the Tribe’s fee to trust application.

1.5 ENVIRONMENTAL ISSUES ADDRESSED In accordance with NEPA, preparation of this EA has included consultation with the United States Fish and Wildlife Service and California Historical Preservation Office, and interactions with other agencies and organizations (see Section 6.0). Based on a review of the Project Area, and the agency reviews, the following environmental issues are evaluated in this EA:

 Land Resources  Land Use  Water Resources  Public Services  Air Quality  Hazardous Materials  Biological Resources  Visual Resources  Cultural Resources  Climate Change  Socioeconomic Conditions  Resource Use Patterns  Transportation, Circulation and Noise  Cumulative Impacts PVT 2013 Land Fee to Trust EA 7

All environmental impacts that have been identified as potentially significant can be mitigated to a less than significant level with measures identified in this environmental assessment. There is no construction directly proposed by this project, however in the future, the Tribe may construct additional housing or additions to existing structures as needed. The potential benefits to the human environment in terms of expanded ability to access federal funds and programs for the Potter Valley Tribe community and increased environmental protection from these opportunities outweigh any minimal impacts of conversion to trust status and eventual construction of additional residences.

1.6 REGULATORY REQUIREMENTS AND APPROVALS The following federal approvals and actions may occur as a result of the Proposed Action:  Acquisition of two parcels of approximately 9.0 acres by the United States into federal trust status for the benefit of the Tribe.  Consultation with the U.S. Fish and Wildlife Service (USFWS) under Section 7 of the Federal Endangered Species Act (FESA), if endangered species may be impacted by the Proposed Action.  Consultation with the State Historic Preservation Officer (SHPO) under Section 106 of the National Historic Preservation Act (NHPA) if cultural resources may be impacted by the proposed action.

2. PROPOSED ACTION AND ALTERNATIVES

The Proposed Action and Alternatives are described in this section. This section summarizes the means by which the Proposed Action would be carried out, the potential environmental consequences associated with the Proposed Action and the potential benefits and impacts of the alternatives as compared to the Proposed Action. The alternatives evaluated in this EA consist of the Trust Acquisition Alternative and the No Action Alternative.

2.1 PROPOSED ACTION Trust Acquisition The Proposed Action includes the fee-to-trust conveyance of two parcels that are composed of approximately 9.0 acres. The Redwood Valley parcel is 3.3 acres; the 5.7 acre Michael Court parcel is located in Potter Valley. There is no construction proposed at this time, however the eventual construction of additional houses will be considered. The Michael Court parcel has potential for 1-3 additional dwellings in the future; at the Redwood Valley parcel potentially 1-2 houses could be constructed.

Once accepted into trust, the Tribe would apply for funding programs for protection of water quality of the Russian River, and potentially the Eel River, in the Potter Valley area. The Michael Court, and potentially the Eel River properties, would benefit from USEPA, BIA, and other federal programs for water quality standards, non-point source protection, endangered species, habitat enhancement, fire protection and fuels reduction, carbon credit, cultural resource protection, recreational potential and Tribal employment opportunities. The benefits to the Tribe on the Redwood Valley property would mostly be from elimination of property taxes and zoning restrictions.

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2.2 NO ACTION ALTERNATIVE Under the No Action Alternative the two properties would continue in fee status and not be taken into trust. This raises the cost to Tribal homeowners and renters. The Tribe could potentially add 1-2 houses at each parcel in the future; however this would require county permits and hearings before the zoning commission. Payment of annual property taxes would be required, with the Tribe not receiving the benefits for which the land was originally purchased. Should the Tribe not pay property taxes, the land would be subject to forfeit due to nonpayment of taxes. Some federal programs will not provide funding for development on fee simple lands, since the Tribe could not guarantee that the land will not be sold and the improvements thus benefit another landowner.

The most serious consequence of this alternative would be continued ineligibility for many federal programs from which most other California Indian Tribes (with trust land) benefit. Programs for fire protection, natural resource management, and law enforcement on Tribal lands could not be utilized. The Tribal Council has carefully considered, and rejected, this alternative as most likely to not provide optimal benefits for Tribal members.

2.3 COMPARISON OF THE PROPOSED ACTION AND ALTERNATIVES 2.3.1 Proposed Action The Proposed Action could result in potentially significant environmental impacts in the following areas:

Of the project alternatives evaluated in Section 2.1, the Proposed Action would best meet the Tribe's objectives by providing the Tribe with opportunities not currently available.

2.3.2 No Action Alternative Under the No Action Alternative there still is the potential for adverse environmental impacts identified for the Proposed Action. There are existing residences and agricultural operations that may be impacting environmental conditions in the area. This alternative would not provide progress towards any of the Tribe's objectives outlined in their constitution and economic development plans. The Tribe considers the No Action Alternative unacceptable since it does not further its goals of increasing their sovereignty over its land base, increasing housing opportunities, enhanced natural resource management, increased recreational opportunities. Enhancing the Tribe land base and sovereignty would not be met.

3. AFFECTED ENVIRONMENT 3.1 GENERAL SETTING Mendocino County PVT 2013 Land Fee to Trust EA 9

Mendocino County is located in northwest California, about 100 miles north of San Francisco and 150 miles northwest of Sacramento. As of 2000, the population was 86,265. The county seat is Ukiah. Mendocino County was one of the original counties of California, created in 1850 at the time of statehood. The county derives its name from Cape Mendocino, Mendocino being the adjectival form of the family name of Mendoza, one the viceroys of Spain who sent explorers to the New World. There are thirty-four cities and towns in Mendocino County; only 4 are incorporated communities. The area is largely rural, with large areas of forest and agricultural land. The region is rich with historical and cultural resources, as well as recreational opportunities. Agriculture, especially pears and wine grapes, and tourism are major sources of income.

Redwood Valley Redwood Valley is 2 to 3 miles wide, located in the central portion of Mendocino County, California, north of Ukiah and Lake Mendocino, and south of Willits. Redwood Valley lies on a series of higher terraces, through which the west fork of the Russian River flows. The valley is clearly defined by the coastal mountain ranges that surround it; the Mayacama Range to the east and Coastal Range to the west. The surrounding ridges rise from the valley floor to over 3,350 feet in elevation. Redwood Valley covers about 35 square miles. The small town is located in the center of the valley, and has a post office, store, gas station, schools, a bar, a few offices and restaurants (see Appendix, 3.1 Topo Maps – RWV).

Potter Valley Potter Valley is about 7½ miles long and 2½ miles wide, with its length running north-south, located just north of Lake Mendocino, at the headwaters of the east fork of the Russian River. Access is from Highway 20 to the south. The roads through the valley reach the northern end, and go over the ridge to the Eel River and Mendocino National Forest. From the Eel River, many of the roads entering and through the national forest are dirt. They do connect to Covelo valley to the northwest and the Sacramento valley to the northeast, although access is seasonal. The small town of Potter Valley is located in the center of the valley, and has a post office, store, schools, a bar, a few offices and two restaurants (see Appendix, 3.1 Topo Maps – MC).

3.2 CLIMATE Inland Mendocino County lies in an area between coastal and interior climates known as transitional. The transitional climate may be dominated from time to time by either the wetter, cooler air of the coastal zone or by the hotter, dry interior zone. Average annual precipitation for the inland valleys ranges from 36-45 inches. Average amount of annual snowfall is approximately one inch. The average annual temperature is 58o F with summer temperatures exceeding 100º F and winter temperatures dropping below freezing.

3.3 LAND RESOURCES 3.3.1 Geological Setting Inland Mendocino County Redwood and Potter Valleys are located in alluvial valleys along the west and east forks of the Russian River. The valleys are in the California coast range at approximate elevations of 750 to 1,000 feet above mean sea level. The topography of the Russian River basin is controlled by a series of northwest-trending fault block ridges and inter-mountain valleys. Redwood Valley is

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the westernmost of the two, separated from the coast by the Coastal Range to the west. The Mayacama Range separates it from Potter Valley, which has the Middle Mountain range to the east. A ridge to the north separates both valleys from the Eel River watershed. Redwood Valley is 2 to 3 miles wide along a river terrace that is dissected by small or ephemeral streams that flow from the foothills to the west fork of the Russian River. Potter Valley is about 7½ miles by 2½ miles, with its length running north-south from elevation 1000 to 875 feet msl. Its northern boundary is the headwaters of the east fork Russian River. The west fork flows about 8 miles south to its confluence with the east fork, just below Lake Mendocino (formerly Coyote Valley). From there the main stem of the Russian River flows 80 miles southwest through the Santa Rosa plain to the ocean at Jenner (Appendix, 3.3 Topo Maps).

The Redwood Valley parcel is near the center, at an elevation of 765 feet msl and 10 miles north of Ukiah. The Michael Court parcel is near the center of Potter Valley, at an elevation of 940 feet and 18 miles from Ukiah. Land use in both valleys is for agriculture and housing.

3.3.2 Earthquake Faults and Seismic Activity Mendocino County is conducting a comprehensive update of the existing General Plan adopted in 1981. The Seismic Safety Element of the plan provides for a comprehensive account of seismic hazards in the area (MCGP, 2005): Mendocino County may be divided into four areas which have similar bedrock and soil characteristics, ground rupture potential, ground stability and flooding characteristics. These areas of similar geotechnical characteristics are called “Geotechnical Hazard Zones.” The boundaries of the Geotechnical Hazard Zones are a matter of judgment and cannot be precisely drawn. Each zone and related hazards are described separately in the following sections:

Zone I San Andreas Fault Zone Zone II Maacama Fault Zone Zone IIIa Central County Zone - Coastal Belt Zone IIIb Central County Zone - Eastern Belt Zone IV North East County Zone

Redwood and Potter Valleys are both within the Zone IIIb Geotechnical Zone.

Zone III -- The Central County Hazard Zone The Geotechnical Hazard Zones Map on shows general conditions for the area. Zone III has been divided into two subzones; the Maacama Fault Zone (Zone II) divides the two subzones. Zone IIIa is the Coastal Belt of the Franciscan Assemblage. The Coastal Belt consists of younger and generally more stable rock units than the older rocks of the Eastern Belt which is designated as Zone IIIb. This inland subzone includes Redwood and Potter Valleys and the Maacama Mountain Range, which slants north-westerly from Sonoma-Napa counties through southern Mendocino County. There are many small faults in the Franciscan Assemblage, Most of which are considered to be inactive. Although the faults are at present considered inactive, significant numbers of people are living in areas that will be affected if movement were to occur. Earthquake risk is generally lower in Zones III and IV than in Zones I and II, but landslides in areas such as this can be triggered by minor earth movement, by heavy rainfall, weathering or other natural causes. Grading of hillsides for development increases the landslide risk unless competent professional assistance is employed. As urbanization continues, the hazards from

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shaking, slope failure and earth movement will increase unless development controls to minimize risks are implemented.

Alquist-Priolo Special Studies Zones The Alquist-Priolo Special Studies Act, in effect since March 7, 1973, requires that special studies zones be delineated along known active faults in California, and that cities and counties must withhold permits for certain specified development projects within the special studies zones until geologic investigations demonstrate that the sites are not threatened by surface displacement from future faulting. In Mendocino County special studies zones have been established along several fault traces associated with the San Andreas Fault in the Point Arena- Gualala vicinity. The Division of Mines and Geology has been studying segments of the Maacama Fault from Hopland to Laytonville. In 1982 special studies zones were established along portions of this fault. These and other hazards associated with earthquakes are depicted on the Mendocino County Hazards Map. Neither of the Tribe’s properties is within these zones (see 3.3 MC GeoHaz Map in appendix).

3.3.3 Soils Mendocino County lies in a region dominated by the Franciscan complex. The heavily fractured and deformed coastal mountain range was formed by folding and faulting as the Pacific seabed collided and folded under the continent. Bedrock in this area is Jurassic-age Formation, with highly variable layering. Underlying rock is composed of dense sandstone, siltstone and shale deposits. The Franciscan assemblage is found throughout most of the county, except the coastal fringe and extreme eastern edge. The valleys are remnants of older valley filling alluvium, which resulted in the terraces of Redwood, Potter and Ukiah Valleys. Outcrops of serpentinite, from extrusion of magma through cracks from deep beneath the surface, are common. Although originally seabed, soils of the Franciscan formation have been shaped and modified considerably by the high-rainfall climate. Limestone formations normally found in such soils have long-since leached and washed away. Although occasional igneous outcrops are found in the mountains, the dominant rocks are metamorphic Franciscan complex. The Russian River cut its path through the valleys, moving soil and depositing it on the lower areas where the rural and urban communities of Mendocino and Sonoma counties now exist.

Generally, the Franciscan complex is highly unstable, largely because of the presence of faults and shear zones, often hundreds of feet wide. The deeply weathered Franciscan assemblage contains shale mixed with more massive rocks, and with a prevalence of serpentinite. These inherently weak structural features, combined with high rainfall, prolonged storms, and rugged terrain, account for the widespread instability and erodibility of the Franciscan area soils. Consequently, landslides, stream bank erosion, and soil creep are common.

Climate Effects on Soils The effects of the climate on these soils can affect management of the soils. Annual rainfall in the area ranges from 32-54 inches/year, occurring during the 6-month winter and spring. This rainfall provides moderate to high leaching of base minerals (sodium, calcium), resulting in low sodium and low to moderate calcium levels, and acid soils. Because of the abundance of magnesium in these soils, a poor Ca:Mg ratio is common, with resultant water permeability problems. The higher the clay content, the more the Ca:Mg ratio affects drainage. This leads to

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higher runoff potential and increased erosion. Soil management in the area often involves correction of soil nutrient imbalances (calcium amendments), organic matter management (amendments, mulching and cover crop management), sub-soiling, and careful scheduling of groundwork. Construction requires consideration of the clay content because some clay expands and contracts easily, which can damage buildings and foundations. Often septic leach fields require careful siting or alternative designs due to the poor percolation ability of high magnesium clays. Groundwater interceptors, ditches, setbacks from gullies and bases of steep slopes and avoiding expansive clays are all modifications used to offset effects of the clay soils and high rainfall climate (Young, 1999).

3.3.4 Characteristics of the General Soil Types Redwood and Potter Valleys The following information is from the Soil Survey of Mendocino County, Eastern Part (USDA, 1991), Sheets 27, 28, 30, Soil Survey of Mendocino County, Western Part (USDA, 1993), and Young (1999). The general soil type for most of Redwood and Ukiah Valleys is Pinole-Yokayo- Redvine; for Potter Valley it is Cole.

Pinole-Yokayo-Redvine (Redwood Valley) These soils are found on hills, terraces, mountains, and the alluvial soils derived from them. Due to high leaching from rainfall, the soil reaction is acidic, averaging 5.7 in pH. Base saturation measurements show low calcium: high magnesium: high potassium: low sodium: high hydrogen (Young, 1999). Limestone requirements for cropland range from 1-6 tons/acre-foot of soil, depending on the amount of clay present and calcium needed to achieve optimum cation balance. Available phosphorus levels can be low; as can sulfur and the micronutrients zinc and boron. Manganese and iron are generally excessive; the red color of these soils comes from oxidized iron, and there formerly were manganese mines on the ridge tops.

Low calcium is a serious limiting factor for good production of protein crops and forages (clovers, grasses) and limits quality of fruits and nuts. Low phosphorus, sulfur, zinc, or boron can also limit crop production. Potassium is generally excessive, except where many years of crop removal has resulted in low levels in the topsoil. Excess manganese and hydrogen limits growth of certain plants in these soils. Poor drainage in clay soils is a common problem, which affects nutrient availability.

Cole (Potter Valley) This general soil unit occurs on alluvial plains and fans and in basins. As very deep but somewhat poorly drained clay loams, many require artificial drainage for farm or domestic use. Due to high leaching from rainfall, the soil reaction tends to be acidic, averaging 6.1 in pH. Base saturation measurements show low calcium: high magnesium: low potassium: low sodium: moderate hydrogen (Young, 1999). The high magnesium and poor drainage results in gray to black (when waterlogged) colored soils. Slow permeability and low soil strength can limit crop choice and production; building sites, and septic drainfield location. Limestone requirements for cropland range from 2-7 tons/acre-foot of soil, depending on the amount of clay present and calcium needed to achieve optimum cation balance. Available phosphorus levels can be low; as can sulfur and the micronutrients zinc and boron. Manganese and iron are generally high from the nearby red, high-iron and mineral content benchlands and ridge tops.

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Detailed Soil Map Units: (see appendix: 3.3 MAP - PV RWV Soils, 3.3 MAP - PV MC Soils)

REDWOOD VALLEY PROPERTY 175 - Pinnobe loam, 0 to 2 percent slopes.

POTTER VALLEY MICHAEL COURT PROPERTY 123 - Feliz loam

3.3.5 Topography Inland Valleys Potter and Redwood Valleys are separated by the northern ridge of the Mayacama Range, which runs northwest-southeast through Mendocino and Sonoma Counties. The highest peaks between the valleys range from 2100-2250 feet; to the east of Potter Valley the mountains range from 3400-3700 ft. Further to the north and east of Potter Valley is the Mendocino National Forest, with mountains rising to nearly 7,000 ft. The watershed above Potter Valley drains into the east fork of the Russian River; above Redwood Valley is the beginning of the west fork of the Russian River. The two branches merge just below Lake Mendocino (formerly Coyote Valley), to form the main stem of the Russian River, which flows south to the Santa Rosa plain, then 80 miles west to the ocean at Jenner.

The Redwood Valley property is 3.3 acres of flat land; the parcel was subdivided for housing around 1990. Originally a grassland, then farmland, it lies at an elevation of about 770 ft. ASL. The property slopes towards the west fork of the Russian River, which is 1400 feet to the west. There is an unnamed creek 850 feet to the north. The 100-year floodplain is along this creek, 800 feet away and 10 feet lower in elevation (see Appendix: 3.3 RV FIRM #060183 0692B).

The Potter Valley Michael Court property is 5.8 acres in the middle of the valley, adjacent to east fork of the Russian River. Located at an elevation of 940 ft. msl, the property slopes slightly to the west and the river. The 100-year floodplain is located within 20 feet of the river, along the western boundary (see Appendix: 3.3 MC FIRM #060183 0704B).

3.3.6 Mineral Resources The Potter Valley Tribe’s ancestors made valuable use of minerals that were gathered and mined in the area. These were used in food preparation, regalia and ceremonies, or traded for food, salt, or other materials with Tribes on the coast and further inland.

Magnesite, a magnesium carbonate mineral that occurs in serpentine outcrops, was mined in several areas around Potter Valley. It was used as early as 1500 BP as money in the form of cylinders and beads, often on strings with clamshell disks. According to DeGeorgey, et al (2007) an early mine was named Po-mo after its occupants. Po-mo Po’-ma was the name given by other Potter Valley natives to the Tribe “magnesite mine people” occupying the flat in lower Potter Valley. The beads, when well-formed and baked, were so valuable that mines often needed to be defended from intruders.

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As early as 1877, local white settlers called the Natives residing along the Russian River Pomos. This name was probably derived from the name of an Indian village located in Potter Valley called phoomoo (“at red-earth hole”) in the Northern Pomo language. In time, Pomo became the name for all Native peoples who spoke one of the seven related Pomo dialects

The Pomos used the red clay “Ma’sil” from the foothills surrounding Potter Valley in making acorn flour and pinole. The clay, which was high in potassium, iron and silicon, was mixed with ash and used as a leavening for the flour. Presumably, the acidic clay reacted with the ash (after treating with water and evaporating) to make the flour rise when cooked. The result would be flour with an enriched mineral content (Young, 1999): calcium, potassium, phosphorus and micronutrients (ash) and potassium, iron, silicon and micronutrients (ma’sil).

Chert is a form of microcrystallite quartz, often found in sedimentary deposits. It is a tough, silica-rich rock that can be broken to form very sharp edges. In Potter Valley it is found associated with serpentine outcrops, and there are several along the foothills surrounding the valley. Valuable when shaped into arrow points or blades, there is one pre-historic deposit where tools were made about ¾ mile southeast of the Michael Court site. Arrowheads of chert and obsidian are commonly found in the area; the obsidian came from sources in Lake and Napa counties.

The Franciscan formation occasionally has deposits of valuable minerals, including manganese, chromium, and iron. Although there were once manganese mines in the Potter-Redwood Valley area, the only mineral currently being mined or quarried is rock for construction projects. Sources include fractured shale and river rock. There are deposits of serpentine rock, especially in the Potter Valley area. These deposits can contain asbestos; the County of Mendocino regulates the quarrying and use of such deposits to minimize the spread of asbestos. There are no serpentine outcrops within ½ mile of either of the Tribe’s parcels (Young, 2006).

3.4 WATER RESOURCES 3.4.1 Hydrology of the Area The water resources of the Redwood, Potter, and Ukiah Valleys consist of both surface water and subsurface water. Domestic and agricultural water is obtained from both of these sources, using wells, springs, creeks, rivers and reservoirs. Water system size ranges from individual systems to small community water systems to public water systems serving as many as 10,000 people.

Mendocino County can be broadly divided into three major drainage basins: Eel, Russian and Coastal. These are separated by ridgelines, then further classified into sub-basins or watershed units of hydrologic significance. The Eel River Basin is shared with Humboldt, Lake, and Trinity Counties while the Russian River Basin includes Sonoma County. The Coastal basin is composed of several rivers and many creeks. Surface runoff in all the basins is almost entirely from rainfall, although snow does fall in the mountains of the eastern part of the Eel watershed. During the dry summer months, stream flow must be supplied from groundwater seepage, channel storage, or reservoirs. In the Russian River Basin, 93% of the average seasonal runoff occurs in a five-month period beginning in December and ending in April. The relative contribution of the three major basins to total runoff, based on basin-wide data, is as follows:

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Coastal - 21 percent, Russian - 16 percent, Eel - 63 percent. Total average runoff is about 10.1 million acre-feet per year (MC, 2003).

The Russian River is located within the North Coast Hydraulic Basin Planning Area (NC) as defined by the RWQCB. More specifically the site is situated within the Russian Hydrologic Unit 18010110, and Coyote Valley Hydrologic Subarea. All the Potter Valley Tribe land holdings are within this area, although water is routed from the Eel River (Hydrologic Unit 18010103). Since 1908, the east fork of the Russian River in Potter Valley received water from the hydroelectric power diversion on the Eel River at the Van Arsdale Reservoir. Before 1908, dry season flow was near zero. The east fork enters Lake Mendocino, then empties into the Ukiah Valley, joining the west fork ½ mile below the dam. From there, the Russian River travels 80 miles southwest to the ocean.

The nearest rivers to the Tribe’s inland properties under consideration are as follows: The Redwood Valley property is ¼ mile east of the west fork Russian River. The Michael Court property is adjacent to about 300 feet of the east fork Russian River; the Tribe does have rights to the Potter Valley Irrigation District water for this parcel.

Groundwater Hydrology The Ukiah Valley groundwater basin is approximately 22 miles long and 5 miles wide at the widest point, and is the largest of several groundwater basins along the Russian River. The basin is part of the Ukiah and Redwood Valleys to the north, and their tributary valleys. The basin surface elevation varies from approximately 1,000 feet in the upper portions of Redwood Valley, to approximately 500 feet in the lower, southern areas of the Ukiah Valley. Precipitation in the basin ranges from approximately 45 inches in the north to about 35 inches in the south (CDWR, 2004).

The surface area of Potter Valley is about 8,243 miles or 13 square miles. The valley is situated in a structural depression formed in bedrock of the Franciscan Complex. The groundwater basin is generally defined by unconsolidated alluvial sediments but does include some areas of older valley-fill deposits primarily along the western margin of the basin. The Potter Valley Basin is separated from the Ukiah Valley Groundwater Basin by approximately 4 miles through a narrow gorge formed by the Russian River. Precipitation in the Potter Valley area ranges from approximately 36 to 44 inches per year.

Most of the groundwater in the inland valleys of Mendocino County is in alluvial deposits, with terrace and continental deposits being secondary in importance in water bearing and yielding capacity. With the exception of numerous small springs, the Franciscan Complex on the hillsides that surround the valleys is considered essentially non-waterbearing. The alluvial soils on the valley floors consist mainly of silt and clay, with some sand and thin lenses of gravel. This alluvium is generally from 40 to 60 feet thick. Wells installed into the alluvium generally have yields yielding 50 to 75 gpm, with the maximum yield being about 100 gpm. The majority of alluvial groundwater in the inland valleys is unconfined to locally confined beneath beds of silt and clay. Conservative estimates of specific yield for these units are 5 to 20 percent. Terrace Deposits exposures are 10 to 30 feet thick, and maximum thickness is possibly about 100 feet. Shallow wells that tap this deposit generally yield only a few gpm. Well yields range from 1,200

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gal/min from Recent Alluvium to less than 50 gal/min from undifferentiated older formations. The groundwater on the valley floors is high during the winter and variable much of the year. Most water systems depend on storage (tanks, reservoirs) for year-round supplies (MC, 2003; CDWR, 2004).

Water Quality Water quality is good in general, especially water derived from recent alluvium deposits; however, locally the content of chemical constituents varies widely. As is common in high rainfall areas, the soils are highly leached, with surface and groundwater moderate to high in bicarbonates. As calcium and magnesium bicarbonate are leached from the soils, they accumulate in the groundwater. Surface waters are generally “soft” until late in the summer; “hardness” of wells can vary. Changes in hardness are generally due to volatilization of carbon dioxide and/or concentration of salts. Wells with high boron concentrations are also found in areas of the basin, which can be problematic for agriculture (CDWR, 2004; Young, 1999).

The presence of contaminants is generally low in area domestic water supplies. From 1994-2000, in surveys of over 20 wells, there were no detections above the MCL for: Primary Inorganics, Radiological, Nitrates, Pesticides, VOCs and SVOCs. There were detections of Secondary Inorganics during the period (CDWR, 2004). These are generally iron or manganese, from minerals that are common in the surrounding mountains (Young, 1999). Coliform contamination is a concern from the many septic systems in rural areas of the county.

3.4.2 Water Supplies Redwood Valley Drinking water is purchased from the Redwood Valley County Water District (RVCWD), which comes from Lake Mendocino, about 4 miles south. Water is pumped from the lake to holding ponds on the east side of the valley, then treated and distributed to customers within the district. There are some potential problems with the RVCWD’s supply of drinking water. The lack of a guaranteed water right by its supplier (Russian River Flood Control District) resulted in a moratorium on new hookups indefinitely. Since the source is surface water (Lake Mendocino), there is the possibility of contamination. Hwy 20 crosses the inlet to Lake Mendocino, and is a route for hazardous waste. If a truck went off the highway into the lake, chemical or radioactive contamination could enter the lake. The lake is on the flight plan for CDF forest fire attack aircraft – in fact helicopters fill water tanks from the lake. One of these large aircraft could crash into the lake, contaminating the water with fuel. The lake is used by ski boats and personal watercraft, which may have contributed MTBE to the water. Most watercraft users prefer the lee side of the lake near the RVCWD intake. As of June 16, 2000, this contaminant was on the EPA’s Contaminant Candidate List. The California EPA has already set maximum contaminant levels for MTBE: primary - 13 ppb, secondary (taste and odor) – 5 ppb.

Potter Valley The Michael Court property has 1 well on site for drinking water for the single residence. The east fork of the Russian River flows along the western border; however, the Tribe has no known reserved water rights. This property is on the PV Irrigation District; water is delivered by gravity from the eastern canal and used for flood irrigation of the pasture.

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3.4.3 Protection of Water Resources There are a few areas of concern for the Tribe: contamination of groundwater from pesticides or hazardous materials, surface water protection, and wellhead protection. At the Redwood Valley property there are 3 uncapped wells that need protection. Although drinking water is provided by the RVCWD, using one or more of these for landscape irrigation is being considered. At the Potter Valley Michael Court property, an untreated well is presently in use, and the property abuts the Russian River, east fork. Future protection of its water quality will depend on wise siting of housing, septic systems, and wells.

There are only two likely sources of chemical contamination: agricultural chemicals and community use/storage. The Redwood Valley and Potter Valley properties share borders with vineyards. Although statistics for pounds of pesticides (active ingredients) used appear high for wine grapes, the highest amount of pesticides used is sulfur, a natural mineral fungicide used for mildew prevention. Farmers file records of pesticide applications monthly with the county Agricultural Commissioner’s Office. These are available for public inspection, and can be used to develop monitoring programs appropriate to the area.

Surface water protection concerns also include land use, erosion, and water quality degradation. Building projects on the Tribal properties can disturb soil, drainage and flow patterns, and contribute silt to waterways. Since such projects are invariably Federally-funded, environmental assessments are performed, with mitigation measures incorporated into the construction contracts. The Tribe could develop a Riparian Reserve zoning classification (within the present county zoning) to prevent construction and protect areas within 100 feet of creeks. Parts of the Michael Court property are used for cattle grazing. The Tribe has no forestry or timber operations.

3.4.4 Floodplain Encroachment Redwood Valley The Redwood Valley property is on FEMA FIRM Panel 060183 0692B, which shows the 100- year floodplain 1000 feet to the north and west of the Tribal houses.

Michael Court - Potter Valley The east fork of the Russian River is the western boundary of the Michael Court parcel. According to FEMA FIRM Panel 060183 0704 B (FEMA, 1983), most of the 5.8 acres are above the floodplain, with only a 50-foot strip along the river being within the floodplain. Within the floodplain, standards for construction that elevate or otherwise reduce flood hazards would apply (MC, 2009). With a 100-foot strip along the river as a riparian reserve (no buildings), there would be about 5 acres outside the floodplain. This is sufficient room for 5 houses under the present zoning.

3.4.5 Stormwater Redwood Valley The Redwood Valley property is 1200 feet to the east and 25 feet above the west fork Russian River. An unnamed creek is 1000 feet to the north and west of the Tribal houses. Stormwater flow from the nearby mountains in this intermittent creek is buffered by two upstream reservoirs. The entire parcel is nearly flat; sloping towards the south and east. Stormwater flows along the

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eastern border of the parcel to Held Road, where it flows in ditches along the road. Water and then flows westerly along ditches on the county road, with sediment control maintained by the County of Mendocino.

Michael Court - Potter Valley The east fork of the Russian River is the western boundary of the PV town parcel. The 5.8 acre parcel drains to the west, through pastures currently used for livestock production, into the river. In 2012 the Tribe renovated the flood irrigation system for the pasture under the USDA- Environmental Quality Improvement Program (EQIP). Included in the project was renovation of the ditch on the north border, to improve stormwater drainage and fencing of the riparian area to reduce stream bank erosion from grazing. Stormwater moves across the irrigated pasture to the west, where any and sediment is intercepted by riparian vegetation before it can enter the river.

3.4.6 Wastewater Redwood and Potter Valleys There are no municipal sewage facilities in Potter or Redwood Valleys. Onsite systems are used for wastewater treatment, with the majority being septic tanks and drainfields. As housing density increases, more advanced treatment systems are required to deal with special soil conditions and the inherent problem of saturated soils in the winter months.

Potter Valley Tribe Wastewater Systems The Michael Court property has 1 house. The present system, consisting of a septic tank with a raised mound drain field, was built in 1987. There is room for up to 5 more houses on the property; the Tribe would need to move agricultural operations and develop onsite wastewater systems in order to construct additional homes. Because of the clay content of Potter Valley soils, and the high rainfall (35-50 inches in 6 months) climate, raised mounds are commonly installed to treat wastewater

The Redwood Valley property has 4 houses, each with septic systems and drainfields. These were constructed from pre-1970 to as recent as 2003-04. One system had the drain field renovated in 2005; this is now a chambered drain field, which is resistant to invasion by roots.

3.5 AIR QUALITY 3.5.1 Monitoring and Compliance The Federal Clean Air Act of 1963, with amendments in 1965, 1977, 1990 and 1999 serves as the principal source of statutory authority for controlling air pollution. Under this law, the US EPA promulgates regulations and National Ambient Air Quality Standards. States must then adopt state implementation plans (SIP) to enforce and implement standards that are equal to or stricter than the federal standards. California’s first air quality standards were set in 1969. In 1988 the California Clean Air Act set forth the framework for how air quality would be managed in California for the next 20 years. Tribes are eligible to adopt SIPs within their jurisdiction.

Mendocino County recently (2010) adopted the Bay Area Air Quality Management District Thresholds adopted on to evaluate new projects. The updated CEQA Guidelines address recent changes in air quality standards for ozone and particulate matter (PM) from the State of California and the USEPA. The new health-protective air quality standards are in response to

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growing scientific evidence that exposure to ozone, fine particles and air toxics have greater health effects than previously estimated. In addition, new greenhouse gas thresholds were developed to ensure that the counties meet the State’s plan to address climate change. The CEQA Guidelines also address exposure to toxic air contaminants, which is associated with increased risk for cardiovascular disease, asthma, reduced birth weight and mortality. Although air quality in Mendocino County has improved over the last thirty years, fine PM and other air toxic contaminants released by transportation and agricultural activities may still threaten the health of local residents.

The main air pollutants of concern in California are ozone (O3), particulate matter (PM10), carbon monoxide (CO), sulfates (SO4), and nitrogen oxides (NOX). When levels meet state or federal standards, the area is said to be in attainment. When levels exceed standards for a certain time period, the area is in non-attainment. Air quality monitoring stations are located in Ukiah, Fort Bragg, and Willits. These stations regularly monitor NOX, CO, PM (2.5 or 10) and O3, which are the pollutants of concern in Mendocino County.

Particulate matter from fuel, dust, soot and soil can reach levels above state standards. Lumber mills were once large sources of PM; now the primary sources are vehicles and agriculture (dry months) and wood stoves (winters). An unknown number of houses in the inland valleys and coast areas are heated with wood stoves. Automobiles, industrial, agricultural or occasional road groundwork, and outside burning are the main contributions to air pollution in the area.

Lumber mills in the area formerly used teepee burners to dispose of wood waste. These are no longer used in the county. The county allows outside burning with a burning permit for residential, agricultural and lot clearing, under the regulations and with proper notification. There is no burning allowed on commercial property, and no burning of refuse or trash at any time.

The Tribe’s lands lie within the North Coast Air Basin, comprised of Humboldt, Trinity, Mendocino, and northern Sonoma Counties. This basin is further divided into the Ukiah-Little Lake Air Basin. The California Air Resources Board (CARB) delegates responsibility for regulating air pollution to the Mendocino County Air Quality Management District (MC AQMD). The District protects public health by maintaining all applicable air quality standards, controlling odors and nuisances, regulating burning, protecting sensitive agricultural crops, and limiting damage to material goods from air pollutants. The District also maintains an air- monitoring program.

3.5.2 Air Quality - Inland Valleys Temperature inversions can occur in the Potter, Redwood, and Ukiah valley areas. The base of these inversions usually occurs at 1500 feet or lower, well below the tops of surrounding hills. Data from the CARB shows that an inversion is present 98% of mornings, and it is ground-based 85% of the time. The result is that pollutants emitted in the valleys are effectively trapped, and cannot disperse vertically or laterally. Calm surface wind conditions compound this effect about 50% of the time. In the winter, southern winds can blow pollutants up the Russian River Valley from Santa Rosa and the San Francisco Bay Area.

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Numerous government agencies are developing annual and long-range (controlled) prescribed burn plans to reduce fuel loading in state and national forests/parks. This planned increased burning can impact air quality within the District. The District is involved in the burn program by coordinating burning, possibly on a daily basis, to prevent any violations of state and federal ambient air quality standards. Agencies that would coordinate with the MC AQMD for burn permits include the US Forest Service, Bureau of Land Management, California Department of Forestry and Fire Protection, Mendocino County, and local Tribes.

3.5.3 Sources of Air Pollution Permits are required for sources that emit detectable amounts of air pollutants. Lumber mills, asphalt plants, rock crushers, geothermal wells and gas stations are examples of facilities requiring permits. There is one gravel operation in Redwood Valley, within 1 mile up the Russian River. A former quarry in Potter Valley operated about ¾ mile downwind, to the northeast. This facility, which crushed shale base rock, is not operating at this time (2012).

The Michael Court residence has a wood burning stove with propane backup for household heating. The four Redwood Valley houses do not have wood burning stoves; they use natural gas for heating.

Air Quality Status of the North Coast Air Basin From: CARB, 2011

State Area National Area Designations (2010) Designations (9/2010) Ozone 1 hour A -- 8 hour A A/ U PM 2.5 U A/U PM 10 N U Carbon Monoxide A A/U Nitrogen Dioxide A A/U Sulfur Dioxide A U Sulfates A -- Lead A -- Hydrogen Sulfide U -- Visibility Reducing Particles U --

A = Attainment U = Unclassified N = Non-attainment

3.6 BIOLOGICAL RESOURCES 3.6.1 Biological Setting The APE is within the Northern California Coast Range Ecological Subregion, subsection Central Franciscan. This subsection is the central part of the northern California Coast Ranges that is influenced somewhat by marine air, but lacks summer fog. It has a temperate and humid climate that is cooler during summer and wetter than the Eastern Franciscan subsection. The predominant natural plant communities are Douglas-fir - tanoak series with needlegrass grasslands and Oregon white oak series in the northern part; and a mosaic of mixed conifer series, needlegrass grasslands, blue oak series, and chamise series in the southern part of the PVT 2013 Land Fee to Trust EA 21

subsection. The mosaic is controlled by slope aspect, lithology, and soils. The blue oak series is most common on south-facing slopes and at lower elevations. Needlegrass grasslands are present in areas of Franciscan melange, which are quite susceptible to mass wasting by slide and flow. The chamise series prevails on south-facing slopes with shallow soils.

The subsection has a hot and subhumid climate; mean annual precipitation is 20 to 40 inches. Most of the precipitation is rain, but some is snow. Mean annual temperature is about 50° to 56° F. The mean freeze-free period is from 150 to 200 days. Surface water runoff from hills and the sedimentary terrain is rapid and all but the larger streams are dry through most of the summer. Runoff is stored in and around Clear Lake and the lake level rises when runoff from surrounding hills and mountains exceeds drainage from the Lake. There is some hydrothermal activity and accumulation of minerals from it in several areas (USDA-USDI, 1997).

3.6.2 Plant Communities In Mendocino County there are often mosaic patterns of interwoven plant communities. Two physical factors that influence the distribution and make-up of the communities are sun exposure and slope. North facing slopes are cool and moist much of the year, while south facing slopes are warmer in the winter and very hot and dry in the summer. Consequently, plant distribution and growing habits of each species vary with exposure and slope. Humans have also influenced the landscape and pattern of plant distribution. Livestock grazing, tree cutting, clearing for agriculture, and fire (or lack thereof) have played important roles in shaping the present landscape.

Plant communities can be classified in several ways. One common system describes California plant communities by the dominant plant species and others associated with them. This is useful to get a general idea of the plant communities. The plant communities of the Ukiah, Potter and Redwood Valleys represent vegetation types characteristic of the North Coast Range. The major vegetation types in Mendocino County are chaparral, conifer and hardwood forest, oak- grassland, annual grassland, and riparian. These vegetation types are made up of the following plant communities: redwood, Douglas-fir, montane hardwood, chaparral, grasslands, closed cone pine-cypress, oak woodland, agricultural, white fir, ponderosa pine, Klamath mixed fir, coastal scrub, urban, red fir, barren and aquatic habitats. Because classification systems present a broad spectrum by design, plant communities are often divided and broken down into smaller units. One system, CALVEG, is used for mapping vegetation types, based on the dominant overstory species. The extent of coverage of each community is given as a percentage. The classifications are identified as follows: Plant Community - (CALVEG Type): Percent of Land Covered.

Valley Foothill Woodland:

Oak Woodland - (QW): Redwood Valley land 10% The oak woodland community is characterized and influenced in its make-up by the slope and exposure of the land. On the north-facing slopes a variety of tree species form a dense tree woodland as they reach up and out competing for sunlight. Principle species noted on-site include California buckeye, blue oak, valley oak, interior live oak, bay, madrone, manzanita, chamise and a variety of native and introduced weeds and grasses, including wild oat, soft chess, and filaree. Various ferns and California hazelnut occupy shady places and poison oak occupies

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more open places of the understory. Originally there were small stands of Douglas fir scattered in the upper reaches of the oak woodlands.

Oak Grasslands - (HG): Potter Valley Michael Court; 95% Redwood Valley land 89% This community is dominated by a variety of annual and perennial grasses. Large oak trees are scattered throughout the grasslands on hillsides and flatter lower portions valleys. Species of oak characteristic of this community are valley oak, interior live oak and blue oak. At least two other species of oak are also found here. At one time there undoubtedly were more oaks representing a mixed age stand, but livestock grazing, wood cutting, wildfire, and wildlife have prevented the oak community from perpetuating itself. Poison oak is found in a few isolated spots.

Riparian:

Streambed Riparian – (VRI): Potter Valley Michael Court 5% The streambed riparian community is composed of a special group of water loving plants usually not found in the surrounding hillsides. Moisture present in the streambeds most of the year provides the necessary conditions for various water loving trees, shrubs, and vines to exist. cottonwoods, willows, Oregon ash, wild grape, bay laurel, and even some of the oaks make up the overstory. Blackberry, cattails, ferns, rushes, sedges, soap root, poison oak and other herbs and bushes grow underneath. Introduced plants are often found on the fringes of this community. Many of these areas are overgrown, limiting access by wildlife and humans.

Disturbed Areas:

Urban Cover - (UB): Redwood Valley land 1% This area has been disturbed by human activity or occupation. Introduced plants, changes in grading, irrigation or drainage have changed the landscape. The few native plant species that are available to characterize the area have been interspersed with flowering fruiting or landscaping varieties.

Many of these plant communities are prone to fire requiring constant management at the Wildland-Urban Interface. Residential use of these areas require fire protection, wise home and landscape burning practices, and sometimes controlled burning to eliminate accumulation of fuel. Solid waste and trash need to be properly managed. Fires on the steep slopes of watershed areas not only endanger wildlife and homes but can result in massive losses of soil and landsliding.

3.6.3 Wildlife and Fish Species Inland Valleys The plant communities in the inland valleys provide an excellent environment for a variety of wildlife species, including mammals, birds, reptiles and amphibians. The oak woodlands and chaparral provide wildlife cover, habitat, and an abundance of valuable food sources. During the summer and fall acorns, berries, and fruit of various kinds draw many wildlife species to the area. Combined with the many varieties of herbaceous vegetation found in the springtime the plant communities serve as a year-round haven for wildlife. The critical wildlife requirement for water is met in the non-urban areas by springs, seeps, and streambed pools, which provide

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surface water necessary to meet wildlife needs, even during the dry months. Most of the mammals tend to be nocturnal and are not normally observed except for their scats and tracks. There are many possibilities for both resident and visitor populations. Seasonal variations occur; however the following are animals that are found in the Mendocino County inland region: opossum, shrew, mole, bat, rabbit, chipmunk, gray squirrel, gopher, mouse, deer mouse, woodrat, porcupine, coyote, fox, black bear, raccoon, skunk, mountain lion, bobcat, wild pig, deer, and tule elk.

A large diversity of bird species may occur in the inland valleys due to the several habitats that interface. With chaparral, fir or redwood forest and riparian areas present, both forest and aquatic animals may inhabit or visit the region. Common birds that reside in or visit the area include: woodpeckers, eagles, owls, blackbirds, towhees, California quail, thrasher, flickers, hawks, hummingbirds, doves, falcons, woodpeckers, ravens, jays, starling, vultures, swallows, and bluebirds.

Common reptiles and amphibians in the inland Mendocino County areas include: frogs, salamanders, lizards, snakes, rattlesnakes, and pond turtles.

Fish (native and introduced) that may inhabit the inland rivers and tributaries are:

coho salmon Oncorhynchus kisutch steelhead trout Oncorhynchus mykiss chinook salmon Oncorhynchus tshawytscha Pacific lamprey Lampetra tridentata western brook lamprey Lampetra richarsoni Sacramento sucker Catostomus occidentalis California roach Hesperoleucus symetmetricus smallmouth bass Micropterus dolomieui pike minnow Ptychocheilus grandis carp Cyprinus carpio

3.6.4 Effects of Human Occupation on Living Resources Human intervention can affect natural habitats in several ways. Negative impacts include removal of native plants, diversion and use of water, hunting and other taking of animals, grazing, importation of non-native species, pollution, breaking natural fire cycles, and physical changes in the landscape. Positive impacts are: protection from wildfire, local increases in water, habitat modification, protection and re-introduction of species, re-seeding of native plants. Wells and agricultural removals have lowered the Russian River in Redwood Valley from traditional levels. The East Fork, which runs through Potter Valley, has been channeled, sometimes re- aligned, and flow increased from original levels. Although the increase in water in the summer may benefit some wildlife, the construction of the Eel River diversion in the early 1900’s disrupted main stem fish populations. Later, the construction of Coyote Dam and Lake Mendocino cut off anadromous fish access to over 30 miles of habitat in Potter Valley.

3.6.5 Rare or Endangered Species Federally-funded projects require review and analysis of potential environmental consequences of the projects. Land use planning must comply with State and Federal laws, depending on the status of the land in question. For tribal lands in trust status, the National Environmental Policy PVT 2013 Land Fee to Trust EA 24

Act of 1969 (NEPA), and the Council on Environmental Quality (CEQ) regulations must be followed. For lands in fee simple status, the California Environmental Quality Act, or CEQA applies. All the Potter Valley Tribe lands are fee simple, with permits for zoning and building under the jurisdiction of the State and County. However, since most of the funds available for land acquisition or construction comes from the Federal government, the National Environmental Policy Act (NEPA), its amendments, and other Federal laws apply.

The following describes Federal, State, and local environmental laws and policies that are relevant to the environmental review process for biological resources (from MC, 2003):

Listed Species The Federal Endangered Species Act (ESA) of 1973 and California Endangered Species Act (CESA) of 1984 protect species that are endangered or threatened with extinction. These acts are intended to operate in conjunction with NEPA and CEQA to protect the ecosystems upon which endangered and threatened species depend. The United States Fish and Wildlife Service (USFWS) is responsible for implementing the ESA, while the California Department of Fish and Game (CDFG) implements CESA. During project review, each agency is given the opportunity to comment on the potential of the project to affect listed plants and animals.

Special-Status Species In addition to formal listing under ESA and CESA, species on the list of “Species of Special Concern” developed by the US Fish & Wildlife (USF&W) and California Department of Fish and Game (CDFG) receive additional consideration during the review process. This list tracks species whose numbers, reproductive success, or habitat may be threatened.

The California Native Plant Society (CNPS) maintains a list of plant species native to California that have low numbers, limited distribution, or are otherwise threatened with extinction, which is published in the Inventory of Rare and Endangered Vascular Plants of California. Potential impacts to populations of CNPS-listed plants should also receive consideration during review.

Section 7 of the Endangered Species Act directs all federal agencies to use their existing authorities to conserve threatened and endangered species and, in consultation with the Service, to ensure that their actions do not jeopardize listed species or destroy or adversely modify critical habitat. Section 7 applies to management of federal lands as well as other federal actions that may affect listed species, such as federal approval of private activities through the issuance of federal permits, licenses, or other actions. Projects that might adversely affect listed species or critical habitat require consultation with USF&W and/or the National Marine Fisheries Service. Formal consultation becomes necessary when: (1) the lead agency requests consultation after determining the proposed action may affect listed species or critical habitat; or (2) the agency, through informal consultation, does not concur with the lead agency's finding that the proposed action is not likely to adversely affect the listed species or critical habitat.

Waters of the United States The U.S. Army Corps of Engineers (ACOE) regulates discharge of dredged or fill material into waters of the United States under Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act. This section requires any applicant for a Federal license or permit

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that conducts any activity that may result in a discharge of a pollutant into waters of the United States to obtain a certification that the discharge will comply with the applicable effluent limitations and water quality standards.

Waters of the U.S. include a range of wet environments such as lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, and wet meadows. Boundaries between jurisdictional waters and uplands are determined in a variety of ways. Wetlands are defined as “those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions” [33 C.F.R. §328.3(b)]. Presently, to be a wetland, a site must exhibit three wetland criteria: hydrophytic vegetation, hydric soils, and wetland hydrology. The lateral extent of non-tidal waters is determined by the ordinary high water mark (MC, 2003).

Environmental Review Criteria The level and process for environmental review depends on the jurisdiction over the land (Federal or State/County/Local) and the type of project. Reviews must consider direct and indirect impacts of the project as well as cumulative and future impacts; i.e. a land acquisition for housing needs to address the effects of the eventual housing projects. Impacts to biological resources would typically be considered significant if the project would:

 Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service.

 Have a substantial adverse effect on any riparian habitat or other sensitive natural community.

 Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act through direct removal, filling, hydrological interruption, or other means.

 Interfere substantially with the movement of any native resident or migratory fish or wildlife species, or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites (MC, 2003).

 Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance, an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State Habitat Conservation Plan.

 An evaluation of whether or not an impact on biological resources would be substantial must consider both the resource itself and how that resource fits into a regional or local context. Substantial impacts include those that diminish or result in the loss of an important biological resource, or conflict with local, State, or Federal resource conservation plans, goals, or regulations. Impacts are sometimes locally important but not significant according to NEPA or CEQA. Some impacts might result in an adverse alteration of existing conditions, but would not substantially diminish or result in the permanent loss of an important resource on a population-wide or region-wide basis. PVT 2013 Land Fee to Trust EA 26

Finding Endangered Species/Special Status Lists Information on special status and listed species is available from the Sacramento Branch of the USF&W at their web site. There are species information, species lists -- by county or map quad, maps, including critical habitats, and Federal Register Notices. Lists are organized by USGS 7.5 minute Quads. The two parcels being considered by this Proposed Action are as follows:

Land USGS Quad List Location PV Michael Court 566 D Potter Valley http://www.fws.gov/sacramento/ES_Species/Lists/es_species_lists- overview.htm Redwood Valley 566 C Redwood Valley Select appropriate quad name & number

3.6.6 Listed Species on Potter Valley Tribal Lands (See Appendix 3.6 USFW List 2-21-13) Redwood Valley Property This parcel is within 1200 feet of the west fork Russian River, which is home to coho salmon, steelhead trout, and chinook salmon. There have been restoration projects near the Tribe parcel, and measures to protect sensitive species from impacts due to frost and irrigation water removal. Many of the unnamed creeks are blocked by farm reservoirs, which has historically reduced habitat for anadromous species. Most of this parcel has been in rural residence use with disturbed yards for many years, with low probability of the occurrence of sensitive species.

Michael Court – Potter Valley This parcel adjoins the east fork Russian River, with 300 feet of river frontage. Although riparian habitat exists, this is the only near-natural habitat in the middle of an agricultural valley. Access to the river for anadromous species is blocked by the dam at Lake Mendocino, and there are several weirs that block fish movement up and down the valley. There is no longer suitable habitat for listed species at this time.

Although there is habitat for endangered species near both parcels, none of the environmental studies on the lands of the Potter Valley Tribe have encountered endangered species.

3.6.7 Biological Survey The Tribe commissioned a biological survey (see Appendix, Biological Survey) to investigate the potential for impact to sensitive species from activities on the parcels. The survey concluded that both sites have been disturbed for 20-50 years from residential and agricultural development. With normal planning, management and practices there would be no significant impacts from future developments:

Further development of the Redwood Valley property would not affect onsite habitat conditions. Consideration of the nearby Russian River habitat will be necessary to prevent impacts there.

Further development of the Potter Valley property could affect conditions in the riparian corridor. Best management practices that mitigate impacts to this habitat will be needed.

3.7 CULTURAL RESOURCES 3.7.1 Laws for Cultural Resource Protection Federal

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Tribal lands held in trust status may be subject to federal laws. Under the National Environmental Policy Act (NEPA), federal agencies must take into account impacts to historic resources or those resources before a project is approved under NEPA. Also, Section 106 of the National Historic Preservation Act of 1966 (NHPA), requires that any federal or federally assisted project, or any project requiring federal licensing or permitting consider the effect of the action on historic properties listed in or eligible for listing in the National Register of Historic Places (NRHP). 36 CFR Part 800 provides for the consideration of historic resources under Section 106.

The NRHP is the federal list of historic, archaeological, and cultural resources worthy of preservation. Resources listed in the NRHP include districts, sites, buildings, structures, and objects that are significant in American history, prehistory, architecture, archaeology, engineering, and culture. The NRHP is maintained by the National Park Service on behalf of the Secretary of the Interior. The Office of Historic Preservation in Sacramento, California administers the local NRHP program under the direction of the State Historic Preservation Officer (SHPO). To guide the selection of properties included in the NRHP, the National Park Service has developed the NRHP Criteria for Evaluation (MC, 2006).

State of California Projects occurring on fee simple, city, county, or state lands, or funded by public agencies are generally subject to state laws. Regulatory compliance in relation to cultural resources is governed by the California Environmental Quality Act (CEQA). The CEQA Guidelines define a significant cultural resource as “a resource listed in or eligible for listing on the California Register of Historic Resources (CRHR)” (Public Resources Code section 5024.1). Measures must be considered to reduce or control impacts to identified historic properties affected by a proposed project. The lead agency can determine that a resource is potentially eligible for listing in the CRHR for the purposes of determining whether a significant impact will occur. Even if the resource is not listed in, or has not been determined eligible for listing in, the CRHR and is not included in a local register of historical resources, this does not preclude an agency from determining whether a resource may be an historical resource for the purposes of CEQA. According to the state CEQA Guidelines, a project may have a significant effect on the environment if it could cause a substantial adverse change in the significance of an historical resource or a unique archaeological resource. Recent legislation (SB 18, 2005) requires local governments to consult with nearby Tribes before adopting or renewing general plans and other planning documents.

County of Mendocino Mendocino County has adopted an Archaeological Ordinance (Mendocino County Code Chapter 22.12), wherein discretionary projects submitted to Planning and Building Services are reviewed by the Archaeological Commission during the CEQA process. According to this code: “any person who proposes to, or in fact does, excavate or disturb earth, either during the course of a CEQA project, or on public lands, or for archeological purposes, shall first obtain an excavation permit as provided for by this Chapter”. At present (2012), agricultural clearing and soil disturbing operations are exempt from this requirement. A committee worked during 2001-02 on a county grading ordinance that would address such impacts on cultural resources. The latest

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draft (11/06) addresses cultural resources. According to Land Usage Chapter 22.12 - Archaeological Resources Sec. 22.12.090 Discoveries:

Any person who in the preparation for or in the process of excavating or otherwise disturbing earth, discovers any archaeological site shall take all of the following actions: (1) Cease and desist from all further excavation and disturbances within one hundred (100) feet of the discovery; (2) Make notification of the discovery to the Director of Planning and Building Services; (3) If deemed necessary by the Director of Planning and Building Services, arrange for staking completely around the area of discovery… forming a circle having a radius of no less than one hundred (100) feet… (B) The Director may arrange for an on-site inspection of the area of discovery by one or more of his/her representatives…The purpose of the inspection shall be to determine whether the site is one of archaeological significance…

Although agriculture is clearly not exempt from the county ordinance, in practice there are very few reports of archaeological finds during clearing for agricultural operations. Under reporting has been, and continues to be, a problem.

3.7.2 Mendocino County Archaeology and Prehistory (from MC, 2003) Generally, the prehistory of Mendocino County is not well known. No peer-reviewed documents have been published since the seminal study presented by Fredrickson in 1984. The Northwest Information Center at California State University, Sonoma indicated that 4,317 archaeological 3 sites from both prehistoric and historic eras have been catalogued or listed as of 2000 . The most frequent form of cultural resource study is the surface inspection and these vary widely with respect to project methodology.

The information provided below is drawn from several sources including Fredrickson (1984), Heizer (1978), and various communications and experience working in the central North Coast Ranges. The coastal region of Mendocino County exhibits two, perhaps three, different forms of cultural adaptations. The Coast Yuki north of Fort Bragg lived on the coast year-round, with their major villages set back from the coast within sheltered areas. The Northern Pomo were a riverine-adapted people who made seasonal treks to the coast, set up seasonal camps, harvested their seafood, and returned home. The inland valley Tribes (Coyote, Redwood, and Potter Valley; Yokayo; Hopland; Pinoleville; Guidiville) would be included in this group.

Large, complex village sites are uncommon on the coast between Fort Bragg and the Navarro River. The Central Pomo south of the Navarro lived in permanent villages and seasonal camps on the coast.

The redwood belt in central Mendocino County was used for short-term purposes by individuals or groups passing through the region; however, no prehistoric Mendocino County groups lived permanently or even seasonally in this zone. The inland valley Tribes used trails (most likely shared among tribelets), usually along the ridgetops, to migrate seasonally to and from the coast.

The Central and Northern Pomo maintained large villages along the Russian River and its larger tributaries. These peoples made seasonal encampments in upland areas but were primarily a riverine adapted people. The Yuki were also a riverine group, but with a substantial mountain adaptation living along the Middle and South Forks of the Eel and Black Butte Rivers. They

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made extensive use of the mountainous lands surrounding them. Their linguistic relatives, the Huchnom, lived along the South Eel (in NW Mendocino-SW Humboldt Counties). It appears that all of their major villages were located along the South Eel, with the mountainous regions used for short trips to gather specific resources. Of all the Yuki groups, they were most similar to the Pomo, and interacted with the Potter and Redwood Valley Pomo groups extensively. The Potter Valley Tribe visited the Main Stem of the Eel River, with at least one village site located on the river, just over the ridge at the north end of Potter Valley.

The North Fork Wailaki were a riverine people with an adaptation different from their more southerly neighbors. Theirs was a largely salmon oriented economy, supplemented by local resources such as acorn harvesting, gathering, and hunting. Large villages were established along the major watercourses, with seasonal camps and special use sites located in the upland regions of their territory. Remaining Athapaskan-speaking groups along the northern boundary of the County are more aptly discussed within the context of Humboldt County. Their material culture and economic adaptations are similar to the North Fork Wailaki.

The time depth of human occupation of Mendocino County is uncertain. Human occupation is reported in the Clear Lake Basin and in Sonoma County around 10,000 to 12,000 years ago5. In Humboldt County, the time depth of human occupation along the coast is believed to be not more than a few thousand years; however, prehistoric occupation on the interior ridges separating Shasta County may have occurred perhaps 8,000 years ago. Similar time depth is reported for the Eel River region. The oldest occupation in Round Valley is about 3,000 years ago, but occupation in the surrounding hills and drainages extends back to approximately 8,000 years ago. Although the Russian River was very heavily used, occupation has not been reported before 5,000 years ago.

Human occupation along the coast, in both Northern and Central Pomo controlled territory, appears roughly contemporaneous with that of the Russian River. It has been suggested that the lack of antiquity for human occupation along the coast may be in part a result of rising sea levels that inundated older archaeological sites. While there is no evidence for this, it does offer a plausible explanation for why the coast of northern California lacks significant time depth of human occupation.

Anthropologists and ethnographers subdivided the Pomo into seven geographical groups corresponding to the range of each of the seven Pomo dialects. Thus there were the Southern, Southwestern, Central, Eastern, Southeastern, Northeastern, and Northern Pomo groups Within these groups, the Pomo were further identified by the name of their tribelet’s most prominent village. Therefore, the name of the place was inseparable from the name of the people who lived there. Ethnographic literature indicates that the Native peoples of Potter Valley, part of the Northern Pomo language group, were divided into three distinct triblelets known as Shanel, Sedam, and Balo-Kay (also known as Po’mo) (DeGeorgy, et al, 2005).

Ancestral Range of the Tribe (DeGeorgy, et al, 2005) The western border of Potter Valley Pomo territory is shared with the Redwood Valley Pomo and follows the ridge that separates Potter and Redwood Valleys. Trails crossed the ridge, continuing south along the Russian River or west to the coast. The northern Pomo shared the

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coast between the Navarro River on the south and Ten Mile River (north of Ft. Bragg). The inland northern Pomo moved to the coast annually, setting up summer camps, and where they gathered and traded for seafood, kelp, shells and furs. By the time of historic contact, this area was considered the territory of the Northern Pomo (Van Bueren & Scantlebury, 2004). With the establishment of the Mendocino Reservation in 1855 approximately 5,000 Indians were “relocated” to the reservation. Many of these were inland northern Pomo, ancestors of present day Pomo tribes. The Mendocino Reservation was closed and the land sold in 1866.

To the north, the Yuki Tribe occupied Eel River drainage and beyond. Although the boundary between these groups was estimated to exist at the top of the ridge that divides the Russian River watershed from the Eel River watershed, the Potter Valley Pomo had names for several of the villages on the Eel River and it is clear that they visited the area. In addition, the bend in the Eel River just north of the ridge separating the Eel and Russian River drainages appears to have been used by both the Huchnom people and Potter Valley Pomo, as both groups reportedly came to this area to hunt elk. Some sources note that one Potter Valley tribelet claimed lands all the way to Snow Mountain, and there was a trail used for trade with tribelets further inland.

The southern border of the Potter Valley Pomo was located a short distance north of the confluence of Cold Creek and the east fork of the Russian River. A village was located on a streamside bench near the confluence of these two streams. Interviews conducted during the early 19th century with Pomo tribal members recognized that the village changed ownership and allegiance over time. In historic times this village site was claimed to be entirely separate from any of the three Potter Valley groups.

The eastern border of the Potter Valley Pomo was shared with Tribes located on the north end of Clear Lake and probably followed the rim of the Middle Creek watershed, along the ridge tops east of the valley. There was a trail leading west over the ridge to the east.

Of the three main Potter Valley Tribelets, Shanel was probably the most populous in the valley. Up to 500 individuals lived at the main village, which was located along the headwaters of the Russian River at the northern end of Potter Valley. The village of Sedam was situated in the center of Potter Valley and controlled the area along the valley floor, extending east and west to the surrounding ridge tops. The Tribelet of Po’mo (Balo-Kay) controlled the area at the southern end of Potter Valley and extended south to the near the confluence of the Russian River and Cold Creek.

3.7.3 Cultural Resources on the Project Sites Potter Valley The Tribe contracted with an archaeologist to compile the records of cultural properties and sacred areas in the Potter Valley aboriginal area. Records of cultural resource (CR) finds are registered with the California Historical Resources Information System (CHRIS) and included in the statewide Historical Resources Inventory (HRI) database. There are twelve independent regional Information Centers; Mendocino County is within the Northwest Information Center’s (Sonoma State University, Rohnert Park) area. According to the records (DeGeorgy, 2005) there are 35 records of finds, with 10 major village sites, in the Potter Valley area.

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The Tribe requested a records search prior to purchase of the property. The comments from the Northwest Information Center were as follows (NWIC, 2006); the entire report is in the Appendix (see 3.7 NWIC - Michael Ct Property)

Based on an evaluation of the environmental setting and features associated with known sites, Native American cultural resources in this part of Mendocino County have been found adjacent to seasonal and perennial watercourses. The Housing Project at 12100 Michael Court project area contains valley floor adjacent to the East Fork of the Russian River. Given the similarity of these environmental factors and the ethnographic sensitivity of the area, there is a high likelihood that unrecorded Native American cultural resources exist in the proposed Housing Project at 12100 Michael Court project area.

Review of historical literature and maps indicated the possibility of historic-period archaeological resources within the project area. The 1859 GLO Plat map showed the area as a rancher's field, and the 1960 USGS Potter Valley quad indicated four buildings immediately adjacent to the project area. With this in mind, there is a moderate possibility of identifying historic-period archaeological resources.

As part of a USDA Environmental Quality Incentive Program to renovate the pasture and irrigation system, USDA personnel performed a ground survey (USDA-NRCS, 2010). The report, which is in the Appendix (see 3.7 PVT MC Arch Survey 2010), classified the site’s status as “Negative/Isolated Findings”. The survey found no cultural resources on the east portion of the parcel, a mostly disturbed western portion, and evidence of a previously recorded site on an adjacent parcel and along the river bank.

Since the county ordinance to “protect, enhance and perpetuate” Native American archaeological sites was not enacted until 1976, agricultural operations, such as ripping soils (deep tillage prior to planting orchards or vineyards) most likely uncovered sites that have never been documented. The Tribe, which consists of the most likely descendants in the area, is considering ways to contact local farmers and property owners to develop access to local cultural resources. The western portion of the property is due to be fenced off (Summer, 2012) to prevent cattle from grazing and disturbing the area within 100 feet of the river. This area, which is also within the floodplain, is to be protected from future development.

Redwood Valley The northern Pomo lived in villages of from 50-150 people, usually located on terraces near water but above flood level. Thus, much of Redwood Valley could be considered archaeologically sensitive. There were 8 reasonably well authenticated villages, in the Calpella- Redwood Valley region (Calpella is a small, unincorporated town between Redwood Valley and Ukiah). Several projects have unearthed village sites (personal experience, Gregg Young), including near the Russian River- School Road bridge, (1.4 miles from the Tribe’s parcel) a terrace along the river (0.75 miles away) and a nearby farm reservoir (0.6 miles away). The Redwood Valley parcel is in a rural residential area, disturbed from its original condition. It is surrounded by a vineyard (north), East Road (east), other houses and a landscape company (west) and Held Road (south). It is highly unlikely that cultural resources are located on the site. Several HUD–funded housing projects have broken ground, monitored by the Tribal Environmental Office, with no evidence of cultural resources.

The Tribe commissioned a ground survey to insure that there are no obvious signs of archaeological or historical resources on the Redwood Valley parcel.

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The study (see Appendix, 3.7 CR Recon 2-10-13) found the area highly disturbed from years of residential and agricultural development, and concluded:

No evidence of prehistoric or historic archaeological sites were discovered as a result of the survey. There were no shell, rock fragments, midden, or other indications of sites present. The entire property has been disturbed over the last 50 years by agricultural, then rural home site development. The oldest home on the site was constructed in the 1970’s.

3.7.4 State Office of Historical Preservation Notification Past projects on both properties have required review from the California State Office of Historic Preservation (SHPO). The Redwood Valley property was purchased in 2002; of the original four houses, one was to be dismantled and replaced (built in 1890). The Tribe corresponded with the SHPO, inquiring if any of the houses were eligible for listing as historical properties, sending pictures and descriptions. After two months, the SHPO declined to respond, which results in compliance with the NHPA (see Appendix: 3.7 SHPO Review PVT-RWV).

Prior to the purchase of the Potter Valley Michael Court property, the Tribe sent a letter to the SHPO on May 25, 2006. There were no historic structures on the site; all the buildings were built in the 1990’s. After 30 days without a reply, the Tribe’s NHPA requirements were met for this property (see Appendix: 3.7 PV MC SHPO Letter 5-25-06).

3.8 SOCIOECONOMIC CONDITIONS/ENVIRONMENTAL JUSTICE 3.8.1 Demographics Mendocino County According to the US Census (2010), the population of Mendocino County was 87,841 persons: 76.7 percent white, 0.7 percent black, 4.9 percent American Indian; 1.7 percent Asian; 22.2 percent Hispanic/Latino, 16.1 percent mixed or other. The population of the Redwood-Potter Valley areas is 12,032, with 4.3 percent Native Americans.

Employment In 2011, Mendocino County had an employment force of 41,830 with an unemployment rate of 10.1% compared to the state average unemployment rate of 10.9% (EDD, 2011). The top 5 employers by industry are: Government (25.0%), trade, transportation & utilities (19.9%), retail trade (15.6%), education and health (12.9%), and leisure & hospitality (12.1). The per capita income was $42,325. The median household income in 2010 was $43,759, about 71% of the state average of $60,883. Although the state poverty level is 13.7%, the poverty level in Mendocino County is 17.1%

Potter Valley Tribe Potter Valley Tribe members and families live at the properties in Redwood Valley and Potter Valley. A total of 33 adults and children live in the 7 households (including one in Santa Rosa). Between 2000 and 2005 over 25 members applied for, and were accepted for memberships in nearby tribes (i.e. Sherwood Valley Rancheria, Robinson Rancheria, and Pinoleville Rancheria). As a small tribe, the Potter Valley Tribe is developing programs and adding to its land base for future growth. There are currently (2012) 22 minor children living on tribal lands who will need housing, employment, and recreational opportunities in the near future.

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3.8.2 Attitudes, Expectations, Lifestyle, and Cultural Values Tribal members are very supportive of expanding the tribal land base and developing much needed housing, commercial, and community infrastructure. The Tribe purchased 70 acres on the coast near Ft. Bragg to develop recreational and economic opportunities. After meetings between the Tribal Council and community members, site visits, and development of conceptual plans, the Tribe began developing camping and recreational facilities at the Ft. Bragg property. Long- term plans include obtaining HUD-ICDBG funding to develop commercial campgrounds and restore historical building at this site. There are presently two group camps, a guest house, showers, and a clubhouse/kitchen for use by Tribal members and other tribes.

The Tribe has applied for donation of about 715 acres of land near the Eel River, under the Stewardship Council - PG&E land conservation program. These properties are along the north bank of the main stem Eel River, approximately 2 miles from the Michael Court parcel and the center of the Tribe’s ancestral territory. The Tribal Council has committed to baseline management and enhancement of this property, which would include recreational facilities and additional employment for Tribal members. The Tribe is growing and increasing its management capacity at a rapid pace.

The Tribal Council has been encouraging and developing cultural and environmental activities that include: youth involvement in gathering of traditional materials (abalone, kelp, surf fish, mussels, mushrooms, acorns), fishing, and hunting. The Tribe also has cultivated a large 1-acre garden and 2-acre livestock unit (cattle, hogs) for the last four years, teaching agriculture and food production while providing food to Tribal members, local food banks and senior centers.

3.9 TRANSPORTATION, CIRCULATION, and NOISE 3.9.1 Access Local Traffic The Redwood Valley property is on East Road; this street merges with West Road about 2 miles north. Thus, access is from the north via West Rd. or directly south to Hwy 101 north/south. A road leaves the West/East Rd. intersection (Tomki Road) and goes north, turning to dirt and leading to Willits on Hwy 101. Many of the county’s dirt roads become impassible for short periods during winter months.

Access to the Potter Valley Michael Court property is via State Hwy 20 and West Rd. a rural, county-maintained road that merges with East Road in the northern part of the valley. From there the road continues over the ridge to the Eel River (South Fork) canyon, Mendocino National Forest, Lake County, and further north. Although there is access via dirt roads out of Potter Valley to the north and east, the only paved road out of the valley is to the south to Hwy 20. During floods or landslides, this route can be temporarily cut off, with no way in or out on paved roads.

Public Transportation Public bus service is provided by the Mendocino Transit Authority (MTA). MTA provides 9 fixed route bus service routes operating on weekdays (and some routes on Saturday) including between Redwood Valley and Ukiah, in additions to service within the cities of Ukiah and Ft. Bragg. There is no MTA service to Potter Valley; the nearest stop is at the Redwood Valley –

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Hwy 20 junction (12 miles from town). School buses from Ukiah Unified School District pick up and deliver students in the Redwood Valley and Ukiah areas directly to the local schools. The Potter Valley Community Unified School District provides transportation for Potter Valley and the Eel River area. The nearest Amtrak bus lines run north and south on Hwy 101, connecting with rail service 90 miles south in Martinez or Oakland. The Amtrak stop is in Ukiah, providing daily service north and south.

The closest airport is Ukiah Municipal Airport, a public airport in Ukiah. This airport, with 45,000 landings or a take-offs in the year 2000 has the capacity for 3 times that much traffic. The airport has the capacity for small jets and large CDF fire tankers. For major carriers, one must travel to Sacramento; it is 128 miles east, or to Oakland, 136 miles to the south of Ukiah.

Railroads, Federal and State Highways There are no interstate or state highways through the Tribe’s properties. US Highway 101 is 2.5 miles southwest of the Redwood Valley parcel and State Highway 20 is 3 miles to the south. Highway 20 is 6 miles south of the Potter Valley parcel; then one must travel 4.5 miles west to get to Hwy 101. The Community Center in Ukiah is 0.5 miles west of Hwy 101.

The nearest railroad runs through the Redwood and Ukiah Valleys, 1 mile south of the Redwood Valley property, and continues just east of the City of Ukiah, to the San Francisco bay area. It is currently owned by the North Coast Railroad Authority (NCRA). The railroad discontinued freight service in 1999, and has been attempting to repair storm damage to the tracks for several years. Passenger service is planned for the future, however no service exists at this time. There are no hazardous wastes hauled on the railroad through the Redwood Valley-Ukiah-Santa Rosa corridor at the present time.

Transportation Planning Mendocino Council of Governments (MCOG) is the regional transportation planning agency for the county. Among its functions are: to provide regional, community, and intercommunity transportation planning; to administer transportation funding and financing; to represent Mendocino County’s interests at higher levels of government; to develop transportation projects for future funding; to provide technical assistance for transportation project delivery; to support rural/public transportation services; to administer grants for transportation/community enhancement projects; and to provide a forum to facilitate discussion on other matters of regional importance. The 2010 Regional Transportation Plan (MCOG, 2010) provides an update on these functions in the various regions of the county.

According to the MCOG, rehabilitation and maintenance are among the main problems and challenges in Mendocino County (page 43):

One of the greatest needs for the local street and road system is to address the backlog of deferred roadway rehabilitation and maintenance. The overriding need of the local communities, both incorporated and unincorporated, is to address the deteriorated state of the local serving road and street system. The 2010 Pavement Management Program update, indicated that over 60% of the County road system was in “poor” or “very poor” condition. An estimated expenditure of $215 million over the next 10 years would be needed to bring the road system to a “good” rating.

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There are no major improvements planned for the Redwood Valley area; however the long-term projects include improvements to East Side Potter Valley Road, one of the two main access roads to the Tribe’s property. Another important goal is a countywide update of the Indian Reservation Roads inventory for all tribes within the county. Updated inventories would ensure that all eligible roads are included in each tribe’s inventory, thereby maximizing the funding that tribes receive for road maintenance and improvements.

3.9.2 Noise The Department of Housing and Urban Development’s Noise Assessment Guidelines and Federal Highway Administration regulations require that for housing or community building projects, the certifying officer must consider all military/civilian airports within 15 miles of the project, all “significant” roads within 1000 feet and all railroads within 3000 feet. There are no commercial airports in Mendocino County on the State of California list for Designated Primary and Commercial Service Airports (HUD 2002). No railroads operate in Mendocino County at this time.

Noise Impacts in Redwood and Potter Valley Both sites are in rural residential areas, with few continuous noise impacts. The Michael Court parcel is within 1000 feet of Potter Valley High School, with occasional sports and social activities on weekends. The Redwood Valley property is located 1000 feet east of a fertilizer dealer/landscape yard. The business produces noise during business hours and on weekends from equipment operation and trucks entering and leaving Held Road, in front of three of the Tribal residences and the other neighbors. None of the HUD houses (out of 6) purchased or built needed noise mitigation measures to fulfill that agency’s requirements. The Tribe has no plans for noise producing developments in the future on the two sites as this would not be compatible with land use in the rural areas.

3.10 LAND USE 3.10.1 Existing Land Uses The purpose of land use classification is to classify uses into a limited number of use types on the basis of common functional, utilization or compatibility characteristics. All the lands of the Potter Valley Tribe are held in fee simple and subject to the Mendocino County Inland Zoning Code, Division I of Title 20 (MC, 1987). The Tribe is exercising the option of applying for trust status for the Redwood and Michael Court - Potter Valley properties for the purposes stated in a previous section. The Tribe could also apply their own restrictions for land use that are consistent with the present Mendocino County zoning-land use codes.

Mendocino County Land Use Classifications The following are the land use classifications established in the County General Plan:

AG Agricultural C Commercial RL Range Lands I Industrial RMR Remote Residential PS Public Services RR Rural Residential PL Public Lands SR Suburban Residential OS Open Space RC Rural Community

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The following are the land use classifications of the Potter Valley Tribe lands subject to this EA:

Parcel A/P Number Acreage/ Sq Ft Zoning

Potter Valley Michael Court: 12100 Michael Court 175-030-10 5.8 ac SR Potter Valley, CA 95469

Redwood Valley 1950 Held Rd 1970 Held Rd AG 40 9930 East Rd 161-120-18 3.3 ac 9950 East Rd (Legal, non-conforming) Redwood Valley, CA 95470

Project Parcels – Land Usage The Potter Valley-Michael Court property is currently used for rural housing (1 residence), small farm and livestock production, with a riparian reserve area. The Redwood Valley property is used only for rural housing (4 residences).

The following are the existing land uses, of the Potter Valley Tribe lands subject to this EA:

Potter Valley Redwood Land Use Michael Court Valley A. Agricultural Development X B. Riparian/Wetland Reserve X C. Forestry/Timber D. Mining E. Industry/Manufacturing F. Recreation X X G. Commercial Development H. Grazing X I. Residential/Urban J. Residential/Rural X X K. Other: Schools & Community Buildings

Use of Lands Adjacent to the Potter Valley Tribe lands, subject to this EA:

Potter Valley Redwood Land Use Michael Court Valley A. Agricultural Development X X B. Riparian Reserve X C. Forestry/Timber D. Mining E. Industry/Manufacturing F. Recreation X G. Commercial Development X H. Grazing X I. Residential/Urban J. Residential/Rural X X K. Other: Schools & Community Buildings

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There are aerial views of the parcels and surrounding land uses in the Appendix (Aerial View – MC & Aerial View – RWV)

Project Parcels – Zoning and Surrounding Uses The Redwood Valley property, zoned AG 40 (non-conforming), is surrounded by agricultural (vineyards) to the north and east, and rural residences to the south and west. There is a fertilizer dealer/landscape yard, zoned agricultural, about 1000 feet to the west. The Michael Court property, also zoned AG 40 (non-conforming) is surrounded by pastures on the north and east, a vineyard on the south, and the Russian River to the west. Both properties, along with many in their respective areas, were subdivided for rural housing prior to purchase by the Tribe.

3.10.2 Agriculture The Redwood Valley property soil is Pinnobie loam, 0-2% slope, which is considered prime farmland when irrigated (USDA, 1991). However, the County of Mendocino has already allowed this, and adjacent sites to be subdivided for rural residences. The Tribe does not have an agricultural hookup to the Redwood Valley County Water District, and there is a moratorium on new hookups. There is no irrigation water available to this parcel; thus no requirement for completing the USDA Farmland Impact Rating and Justification forms.

The Potter Valley – Michael Court soil is 123 Feliz Loam, 0-2% slope, which is considered prime farmland (USDA, 1991). Although the County of Mendocino has already allowed this, and adjacent sites, to be subdivided for rural residences (with small pastures or vineyards), the Tribe would be required to complete the USDA Farmland Impact Rating and Justification forms prior to constructing additional homes on the property.

3.10.3 Coastal Zone, Wilderness Area, Wild and Scenic Rivers The project sites are 30 miles (Redwood Valley) and 37 miles (Michael Court) from the nearest California Coastal Zone boundary. Development would not be within the jurisdiction of the California Coastal Commission.

The project site is not within a wilderness area; the nearest is the Snow Mountain Wilderness Area, 12-19 miles northeast of the sites. The project sites are not adjacent to a Wild and Scenic River; the nearest is the portion of the Main Stem Eel River, 5-9 miles to the north/northeast (USEPA, 2011b).

3.11 PUBLIC SERVICES 3.11.1 Drinking Water Redwood Valley Drinking water is purchased from the Redwood Valley County Water District (RWCWD), which obtains water from Lake Mendocino, about 4 miles to the south. Water is pumped from the lake to holding ponds on the east side of Redwood Valley, then treated and distributed to customers within the district. The tribal homes have residential hookups and a good supply of water, subject to rationing in very dry water years. There are three domestic wells on the parcel, that would be available if additional water is needed, however neither are in use at this time (2012).

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Potter Valley The Michael Court parcel has one domestic well on the site, which has always provided an ample water supply for the single residence and livestock water. The east fork of the Russian River flows along the western border, although the Tribe has no known water rights to directly pump from the river. This parcel does have an allocation from the Potter Valley Irrigation District (PVID), which supplies irrigation water for the pasture on the parcel. Furthermore, when the pasture is flood irrigated, this supply re-charges the domestic well.

3.11.2 Wastewater There are no municipal sewage facilities in Potter or Redwood Valleys. Onsite systems are used for wastewater treatment, with the majority being septic tanks and drainfields. Often suitability for leach fields is based on percolation tests and proximity to waterways and property lines. This also is an important determination of the size of lots and location of housing. Since the mid- 1980s low flow toilets and showerheads are required in California, which helps the operation of wastewater systems by lowering the hydraulic load on the leach field. The suitability of soils and proximity of water resources could limit housing density in both valleys.

Redwood Valley The Redwood Valley site has 4 individual septic tanks and drain fields. These were constructed from pre-1970 to as recent as 2003-04. One system (9930 East Road) had the drain field renovated in 2005; this is now a chambered drain field, which is resistant to invasion by roots.

Potter Valley The Michael Court property has 1 house; with a septic tank and a raised mound drain field, built in 1987. Because of the high clay content of Potter Valley soils, and the high rainfall (35-50 inches in 6 months) climate, raised mounds are commonly installed to treat wastewater. Although there is room for up to 5 more houses on the property, wastewater treatment and dispersion could be limiting factor.

3.11.3 Solid, Medical & Hazardous Waste The Tribe is fortunate in being located in an area where trash pickup is provided by franchisees in coordination with the City of Ukiah or County of Mendocino. This service is available to all residents of Ukiah, Redwood and Potter Valleys for a monthly fee. A recycling program where containers are placed curbside is included for the same basic fee. Materials for disposal are hauled to a transfer station then to out-of-county landfills, located from 80 to 425 miles away. Most materials for recycling are hauled out of the county for separation and to markets. One franchisee has a separation facility in the City of Willits, and there is another in Ukiah. The county also has an excellent hazardous waste program. Although trash pickup is available in the area, there are still solid waste problems on the tribal lands. Several small dump sites have been found, with everything from municipal solid waste to cars and appliances being dumped by people from both on and off the tribal lands. In 2007 the Tribe completed a major cleanup of a dump site that had been used for 75 years on one property. The US EPA General Assistance Program (GAP) and tribal funds are used for assessments and cleanups.

Both the Redwood and Potter Valley sites have trash, recycling and green waste pickup service available. Tribal residents have learned to source-separate trash, mixed recyclables and green

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waste, and deliver the wheeled carts to the street weekly. The same franchisee provides service to Redwood and Potter Valleys. Residents on occasion will burn brush or agricultural waste produce on site. The Tribal Environmental Office conducts cleanups and educational outreach, with a component of its GAP workplan dedicated to solid waste management. There are no significant sources of medical waste at either property.

3.11.4 Electricity, Heating Fuel, and Telecommunications Pacific Gas and Electric Company (PG&E) provides electricity to customers in rural Mendocino County. The power is supplied is from PG&E’s inter-grid system, which serves the entire state. Local power sources include hydropower and the largest geothermal field in the world, The Geysers, located in the southern portion of Lake County. No problem is foreseen with the provision of electricity to service existing customers or future development. Propane gas is supplied by numerous private propane companies in the county. Most of the companies offer both bulk and metered gas supplies. The only natural gas supply in Mendocino County is from PG&E, along the Highway 101 corridor, which includes the floor of Redwood Valley.

The Potter Valley Michael Court property has PG&E electricity, telephone from AT&T, a wood stove, and a propane tank for gas heating and cooking. The Redwood Valley Property has PG&E electricity, telephone from AT&T, no wood stoves, natural gas heating and cooking (PG&E) and cable television from a local provider. Telecommunications, television and internet service are also provided by numerous satellite/cell phone providers in the area.

3.11.5 Law Enforcement Law enforcement in Mendocino County is provided by the Mendocino County Sheriff’s Office. The Sheriff is the chief law enforcement officer of the County, with jurisdiction throughout the unincorporated County, the incorporated cities, and State owned property. In Mendocino County, the offices of Sheriff and Coroner are combined. The Sheriff’s Office is directly responsible for providing general law enforcement services to the unincorporated areas of the County, comprising approximately 69 percent of the County’s residents. The Sheriff’s Office also provides contract law enforcement services to the Bureau of Land Management, U.S. Army Corps of Engineers, and two small towns. The Sheriff is also responsible for search and rescue, and coordination of law enforcement mutual aid. The cities of Ukiah, Fort Bragg, and Willits otherwise provide their own police departments. The main Sheriff’s station, including dispatch and detention facilities, is located at the Mendocino County Administration Center complex in the City of Ukiah, 13 miles from Redwood Valley and 18 miles from Potter Valley. Response time is estimated to be from 30-45 minutes respectively.

The California Highway Patrol maintains an office in Ukiah, which is located about 11 miles from Redwood Valley and 16 miles from Potter Valley. The office patrols state and federal highways, and assists with emergencies. Response time is estimated to be from 35-40 minutes.

3.11.6 Fire Protection and Emergency Response The Redwood Valley-Calpella Volunteer Fire District (RVCFD) provides firefighting and emergency services to the Redwood Valley site. The District's facility is located approximately three miles from the Tribe’s property in Redwood Valley. The RVCFD protects an area of 60 square miles and a population of approximately 7,800. Water supplies for the RVCFD are

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provided by 110 hydrants in Redwood Valley and 38 in Calpella. Water is supplied by three water districts and various private water sources. These sources are primarily on the valley floor, but a few are located in the rural or foothill areas. The RVCFD has 26 members; of these, three are salaried, 16 are volunteers, and seven are cadets. Response time to the Redwood Valley property site is an estimated 3 to 4 minutes during the day and 5 to 8 minutes at night. The RVCVFD is funded chiefly from donations and property taxes; the tribe currently pays property taxes based on assessed values (Mendocino County, 2005).

The Potter Valley Volunteer Fire Department (PVVFD) provides firefighting and emergency services to the Potter Valley property. The PVVFD, located ½ mile west of the Michael Court parcel, protects an area of 275 square miles and a population of approximately 2000. Water supplies for the PVVFD are provided by a hydrant with generator backup located at the firehouse and supplied by a well. The PVVFD is a 100% volunteer district; the 21 members include a chief, two assistant chiefs, four active EMTS and one paramedic, and four volunteers who are also CDF employees. Two junior firemen (cadets) also serve the district. The PVVFD volunteer training includes swift water rescue training for Russian and Eel River incidents. The PVVFD is funded chiefly from donations and property taxes. The tribe currently pays property taxes based on assessed values (Mendocino County, 2005).

The California Division of Forestry and Fire Protection (CDF) assists most of the fire districts countywide, providing technical support and paid personnel; all surveyed rural fire districts depend upon this support and reciprocate. The county is divided into State Responsibility Areas (SRA), where the primary responsibility for protection during fire season is the CDF, and Local Responsibility Areas (LRA), where the primary responsibility is the local fire districts. The districts are most often first on the scene to suppress a wildlands fire. The districts all have mutual aid agreements with CDF and adjacent districts, and CDF has statewide agreements with the BIA branches to provide fire protection for wildfires on Tribal land. The CDF has a fire attack station in Ukiah, approximately 15 air miles south of Potter Valley. Air response time is approximately 30 minutes to the inland valleys.

3.11.7 Schools and Hospitals Redwood Valley students attend Eagle Peak Middle School and Redwood Valley Elementary School, or Ukiah High School, all within Ukiah Unified School District. Potter Valley students attend Potter Valley Elementary and Potter Valley Junior/Senior High School, within the Potter Valley Community Unified School District. Both school districts also offer continuation and charter schools and offer home schooling. Mendocino Community College, located in north of Ukiah provides for 2 year and certificate programs in higher education. This campus is 8 miles from the Redwood Valley property and 15 miles from the Potter Valley property. Although some colleges offer off-campus classes and programs in the area, the nearest 4-year college is Sonoma State University, 65 miles south of Ukiah.

About 11 miles from Redwood Valley and 18 miles from Potter Valley, in the city of Ukiah, are a broad range of medical care facilities. Two private hospitals, both owned by Adventist Hospitals Inc., provide service for the area and operate at about 75% of capacity. People with an inability to pay for private medical services may receive medical care through the County Health Department in the facility located on Bush Street in Ukiah. Additionally, several non-profit

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organizations provide health care support and educational services to specific populations, including the Consolidated Tribal Health Project, with a clinic in Redwood Valley, where members of the Tribe can receive a wide variety of preventive medicine and health care services for little to no cost, depending on co-payment arrangements.

3.12 HAZARDOUS MATERIALS The BIA requires that the proposed property must be free of all hazardous or toxic materials and environmental liability prior to conveying lands acquired by a Tribe into federal trust status (25 CFR Part 151; Department Manual 602 DM Land Acquisitions – Hazardous Substances Determinations; 30 BIAM and 54 BIAM). Generally records searches and ground inspections are sufficient to provide “best efforts to locate hazardous materials”.

Hazardous waste issues include impacts to soil and groundwater due to leaking underground storage tanks, dumping and releases to the land, agricultural storage and uses, and highway spills. The hazardous materials studies for this project have been conducted pursuant to the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, and its implementing regulations (40 CFR 260-271); and the Comprehensive Environmental Response Compensation, and Liability Act of 1980 (CERCLA), as amended, and its implementing regulations (40 CFR 300 and 43 CFR 11). Both laws require coordination with the USEPA or an approved state agency. In addition, the Mendocino County Environmental Health Department regulates land pollution within the project area, and the Regional Water Quality Control Board (RWQCB) regulates groundwater pollution in the project area. The North Coast RWQCB, in conjunction with county agencies, regulates the Russian River watershed area from an office in Santa Rosa. The Tribal Environmental Office is responsible for compliance on the lands owned by the Tribe.

Redwood Valley This property has vineyards 25 feet away on the north border, 25 feet to the west, and 75 feet to the east. Two of the houses are located within 50 feet of vineyards. The likelihood of pesticide drift and exposure from agricultural operations is moderate. According to Pesticide Use Reports for the adjacent vineyard, only wettable powder formulations of sulfur and copper are used. These sprays are generally applied between April 15 and June 14. According to the reports, no sulfur dusts, herbicides, organophosphate or restricted materials are used in the vineyard.

Potter Valley - Michael Court This property has a 5-acre pasture for grazing and hay production. There have been herbicides used along irrigation ditches and on top of the septic drain field mound in the past. There is a small vineyard to the south and more pasture to the north. The newly planted vineyard does use herbicides and the Tribe’s well is within 250 feet. The likelihood of pesticide drift and exposure from agricultural operations is low to moderate, depending on the materials and method used. Sulfur, the most commonly applied material in Mendocino County (Cal DPR, 2005), is very susceptible to off-site drift when applied in the dust form. An average of 8.4 pounds a.i. per acre were applied in 2005. It is not uncommon for 40-50 pounds per acre of elemental sulfur dust to be applied to a vineyard every year (GY, 2012). This property is on the Potter Valley Irrigation District, thus could receive contaminants through water deliveries from treatments on or upstream of the canal.

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3.12.1 Phase I Environmental Site Assessments Completion of an Environmental Site Assessment (ESA) is generally required whenever federal funds are used to purchase land, transfer ownership, or in this case, convey land to trust. This includes a records search and site reconnaissance. The search combines current government records with historical sources, and is designed to meet the needs of environmental professionals who are evaluating a property. This helps to fulfill the requirements of both the ASTM E 1527 Phase I Environmental Site Assessment Standard and the “All Appropriate Inquiry” (AAI) rule put forth by the USEPA. Another purpose of the Phase I Report is to comply with the requirements of the Bureau of Indian Affairs Departmental Manual 602 (DM 602) for the proposed acquisition of real property by the Bureau of Indian Affairs to be held in Trust by the United States for Federally-recognized Indian Tribes. In addition, the Phase I Report satisfies the HUD requirements pursuant to 24 CFR 58.5(i)(2) and 24 CFR 51 C.

Redwood Valley Prior to the purchase of the property (1/17/2003), the Tribe’s Housing Director conducted a records search and site visits, finding no conditions that violated HUD’s regulations for purchase and use of the property. Prior to the demolition and replacement of the oldest house at 9930 East Road, (11/3/2003), the property was again inspected for explosive and flammable operations, toxic chemicals and radioactive materials, finding no evidence of non-compliance with HUD environmental regulations (see Appendix 3.12 PVT RV Inspections).

In 2004, during construction of the residence at 1970 Held Rd, domestic trash was discovered during excavation for the foundation. The Tribal Environmental Office (TEO) was notified, inspected the site, and issued a report (TEO, 2004):

During ground preparation for the construction of the house at the Tribal property, 1970 Held Rd, the crew uncovered a section of ground from 1-6 ft deep that appeared to have buried trash. The crew contacted the Tribal Administrator in late June of 2004, who notified the Tribal Environmental Office. The following is the record of the inspection and eventual disposal of the waste.

In mid-July the Mendocino County Environmental Health Dept. inspected the site. On July 21 the Environmental Director and Intern inspected the site; on August 10 the Tribal Administrator also inspected. The area excavated was about 400 square feet. The pile consisted of mixed dirt and trash, approximately 20 cubic yards (Picture 1). The environmental officers examined the pile, finding plastic, cans, dishes, paper, cardboard, and scrap metal. There was no evidence of industrial or chemical containers, or hazardous waste. The waste consisted of solely domestic waste, with no evidence of household pesticide or hazardous waste. There was no evidence of staining or liquid residue (Picture 2)

The larger items were removed by crews and disposed with the construction waste (Picture 3). The remaining dirt, containing some inert trash, was re-filled into the hole (Picture 4). The construction crew re- compacted the soil, and construction of the house continued.

There have been no other potential hazardous waste discoveries on any of the Redwood Valley properties since 2004.

A search of available environmental records was performed on March 13, 2012 (See Appendix: 3.12 PV-RV EDR Report). The conclusions on the Redwood Valley property were (EDR, 2012, pg. 1):

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No mapped sites were found in EDR’s search of available ("reasonably ascertainable") government records either on the target property or within the search radius around the target property for the following databases: (list of 91 state & federal databases)

A current site inspection was conducted, using the BIA Contaminant Survey Checklist (See Appendix: 3.12 Phase I Contam Survey RWV). There were no accumulations of domestic or ranch waste, a trash pile. The conclusions were:

The site is typical of rural residences, with small accumulations of debris and inert waste, but no indications of dumping, commercial uses, or agricultural chemical storage. Although serpentine rock outcrops (which can contain asbestos) occur in the hills around Redwood Valley, there are none within 1 mile of the site. From conversations with the housing director of the tribe, the home was built in the mid 1990s; during renovation there have never been asbestos materials discovered within the home or outbuildings (Young, 2013).

Potter Valley When the Potter Valley property was purchased in 2006, a condition of purchase by the HUD- ICDBG funding was successful completion of an ESA. Environmental Data Resources, Inc. conducted the search of available environmental records (See Appendix: 3.12 PV-MC EDR Report) on May 31, 2006. The conclusions on the Michael Court property were:

No mapped sites were found in EDR’s search of available ("reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases: (list of 91 state & federal databases) [EDR, 2006, pg. 1]

A current site inspection was conducted, using the BIA Contaminant Survey Checklist (See Appendix; 3.12 Phase I Contam Survey PV). There were accumulations of domestic and ranch waste, a trash pile, and an equipment repair and storage area. However, there were no accumulations of agricultural chemicals, petroleum products, or other hazardous wastes other than that from the household. The conclusions were:

The site is typical of rural residences, with small accumulations of debris and inert waste, but no indications of dumping, commercial uses, or agricultural chemical storage. Although serpentine rock outcrops (which can contain asbestos) occur in the hills around Potter Valley, there are none within ¼ mile of the site. From conversations with the housing director of the tribe, the home was built in the mid 1990s; during renovation there have never been asbestos materials discovered within the home or outbuildings (Young, 2013).

Monitoring by the Tribal Environmental Office The TEO regularly monitors the properties of the Tribe, and assists with solid, liquid, and hazardous waste management and agricultural production. Regular cleanups of waste and educational outreach are performed, plus monitoring of dumping from outside sources. The TEO also coordinates deliveries of household hazardous waste to the HazMobile, which accepts household hazardous waste at rotating locations around the county every 3-4 months. There are no current accumulations of hazardous wastes on either of the project sites.

Radon According to the most current map of radon zones in California, Mendocino County has a Low Potential with a predicted average indoor radon screening level less than 2 pCi/L (Citi-data.com, 2013). In conversations with the Mendocino County Environmental Health Department and the PVT 2013 Land Fee to Trust EA 44

Air Quality Management District (personal communications, 2/21/13) there has never been a radon level of concern reported to those agencies, and radon tests are not part of routine real estate transactions.

3.13 VISUAL RESOURCES Redwood Valley The viewshed from this parcel is of a vineyard to the north, a county road; vineyard and rural houses to the east; rural houses to the south and west. In the distance are mountains of the coast and Mayacama ranges to the north, west, and east. To the south views look down the river valley. The four Tribal residences can be seen by their immediate neighbors in all directions, especially those above the level of the valley floor. Generally the views in Redwood Valley are considered beautiful: consisting of rural residences, tree-covered creeks, vineyards and orchards.

Potter Valley The viewshed from the Michael Court parcel is of a vineyard to the south, rural houses to the east; and pastures to the north and west. In the distance are mountains of the Mayacama Middle Mountain ranges to the north, west, and east. To the south views look down the river valley. The one Tribal residence can be seen from its immediate neighbors in all directions, especially those above the level of the valley floor. Generally the views in Potter Valley are considered beautiful: consisting of rural residences, oak-covered creeks, pastures, vineyards and orchards, and the occasional historic barn.

3.14 CLIMATE CHANGE ISSUES 3.14.1 Regulatory Considerations On February 18, 2010, the Council on Environmental Quality (CEQ) released, for public review and comment, a draft “Guidance Memorandum” on the consideration of greenhouse gas (GHG) emissions and climate change impacts as part of compliance with NEPA. The draft Guidance Memorandum was published in the Federal Register on February 23, 2010. The Guidance Memorandum addresses two related issues:

 The treatment of GHG emissions that may directly or indirectly result from the proposed federal action; and  The analysis of potential climate change impacts upon the proposed federal action.

CEQ proposes that NEPA scoping documents analyze whether or not direct and indirect GHG emissions from the proposed actions may provide meaningful information to decision makers and the public. Specifically, if a proposed action would be reasonably anticipated to cause direct emissions of 25,000 metric tons or more of CO2-equivalent GHG emissions on an annual basis, this should be considered an indicator that a quantitative and qualitative assessment may be meaningful. For long-term actions that have annual direct emissions of less than 25,000 metric tons of CO2-equivalent, CEQ encourages consideration whether the action’s long-term emissions should receive similar analysis. CEQ does not propose this as an indicator of a threshold of significant effects, but rather as an indicator of a minimum level of GHG emissions that may warrant some description in the appropriate NEPA analysis for actions involving direct emissions of GHGs (75 Fed. Reg. 8046, 2010).

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When scoping the impact of climate change on the proposed action, the sensitivity, location, and timeframe of a proposed action will determine the degree to which consideration of these predictions or projections is warranted. As with analysis of any other present or future environment or resource condition, the observed and projected effects of climate change that warrant consideration are most appropriately described as part of the current and future state of the proposed action’s “affected environment.” Based on this description of climate change effects that warrant consideration, reviewers should assess the extent that the effects of the proposed action or its alternatives will add to, modify, or mitigate those effects. Such effects may include, but are not limited to, effects on the environment, on public health and safety, and on vulnerable populations who are more likely to be adversely affected by climate change. The final analysis documents an assessment of the effects of the actions considered, including alternatives, on the affected environment.

Climate change can affect the environment of a proposed action in a variety of ways. Climate change can affect the integrity of a development or structure by exposing it to a greater risk of floods, storm surges, or higher temperatures. Climate change can increase the vulnerability of a resource, ecosystem, or human community, causing a proposed action to result in consequences that are more damaging than prior experience might indicate. For example, an industrial process may draw cumulatively significant amounts of water from a stream that is dwindling because of decreased snow pack in the mountains or add significant heat to a water body that is exposed to increasing atmospheric temperatures. Finally, climate change can magnify the damaging strength of certain effects of a proposed action (CEQ, 2010). As of August 2011, this Guidance has not been finalized; the CEQ’s goal is to issue the combined final guidance by the end of 2011.

3.14.2 Climate Change and the Proposed Action The parcels subject to this EA are located in the Russian River watershed, which potentially could have an increase or decrease in water supply (beyond historical deviations) due to climate change. An increase in total or intensity of rain events could result in increased flooding or higher elevation of flooding compared to historical levels. Since houses are ideally located above the 100-year floodplain, this could impact present and future buildings. A serious decline in rainfall could impact residents and the environment locally and all the way downstream. Since the water is over-allocated, this could drastically decrease the usable water supply for people, agriculture, industry, landscapes, and aquatic species.

Redwood Valley The existing houses are about 10 feet above the 100-year floodplain, which is 850 feet to the north. An increase in the water from floods or in the long term would possibly inundate some of the houses during extremely high intensity rain events. Under this scenario, there could potentially be plenty of water for drinking and irrigation in Redwood Valley.

Alternatively, a decrease in rainfall amounts could occur as a result of climate change. The Redwood Valley aquifer could probably sustain a 20% drop in annual rainfall without impacting domestic well capacity and deliveries of agricultural water. However, there are other water agencies depending on the water in addition to limits on diversions for sensitive fish populations. Cutbacks in agricultural water supply from the Russian River would likely to impact agriculture

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in the valley. Overdrafts from lower water tables and increased groundwater use for agriculture could occur.

Potter Valley The existing house at Michael Court is about 20 feet above the 100-year floodplain. An increase in the water from floods or in the long term would possibly inundate some of the land used for pasture, and possibly the lower level of the 2-story house during very high intensity rain events. Under this scenario, there would likely be plenty of water for drinking and irrigation in Potter Valley.

Alternatively, a decrease in rainfall amounts could occur. The Potter Valley aquifer could probably sustain a 20% drop in annual rainfall without impacting domestic well capacity and deliveries of agricultural water. However, this latter source comes through the mountain from the Eel River, south through the property. Since there are other water agencies depending on this water and limits on diversions for sensitive fish populations, cutbacks in agricultural water supply would be anticipated to impact agriculture in the valley. Overdrafts from lower water tables and increased groundwater use for agriculture could occur.

3.14.3 Greenhouse Gas Emissions GHG emissions can have many sources: transportation and production of electricity from fossil fuel combustion, heat or steam generated from energy sources, clearing of forests and other vegetated areas, agricultural and industrial processes and chemical use, waste decomposition, and others. The Proposed Action does not immediately include construction; however it may occur in the future. The construction of more housing may not be a net increase in GHG on a regional scale, since the population is growing and additional housing, commercial and recreational facilities will be needed somewhere. However, it may produce a local impact, and thus warrants consideration. A complete NEPA analysis accounts for actions involving direct emissions of GHGs and provides estimates of indirect GHG contributions of projects. This analysis is following, in the Environmental Consequences section: 4.1.12 Climate Change Issues.

3.15 RESOURCE USE PATTERNS 3.15.1 Hunting, Fishing, Gathering The Tribe’s parcels have been disturbed by roads, grading, agricultural, and rural housing development. The potential for hunting on either of the properties is very low. Fishing opportunities are not available on the Redwood Valley site but are available in Lake Mendocino and the Russian River, a few miles away. Fishing is allowed on the Russian River at the Potter Valley parcel, which is occasionally used by youth of the Tribe. There are oaks on both properties, which are used for gathering acorns for food, ceremonial, or educational use. There are hunting, fishing and gathering opportunities available at nearby Clear Lake and the Mendocino National Forest. The Potter Valley Tribe makes a concerted effort to gather traditional materials on their properties, State Parks, the National Forests, and their properties inland and on the coast. Potter Valley tribal leaders are especially interested in youth involvement in gathering and preparation of traditional foods, and holds several events every year to promote traditional activities with their own members and those of other tribes.

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3.15.2 Timber Harvesting, Agriculture, Mining There is very low potential for harvestable timber on either property. Firewood could be harvested sustainably if only downed wood is used. The Redwood Valley site is not used for agriculture; approximately three acres of the Potter Valley site is used for grazing, hog production, and row crops. The Tribe also has space available for community gardens for tribal members.

3.15.3 Recreation There are many recreational opportunities available in the area. Lake Mendocino provides a good location for water sports, fishing, camping, swimming, and hiking. Gathering, hunting and fishing can also be done in Mendocino National Forest, only 15 miles away, and in Jackson State Demonstration forest, 25 miles to the northwest. There are two county and city parks within 10 miles. There are areas for off-road vehicle use including: small areas on the Redwood Valley parcel and a larger area on the Potter Valley parcel. There are miles of off-road vehicle trails within 15-30 minutes away, to the north along the Eel River and to the south, in the mountains east of Ukiah.

4. ENVIRONMENTAL CONSEQUENCES The following environmental factors will be discussed:

LAND RESOURCES  The parcels are situated in a region of geologic hazards.  Ground-disturbing activities from construction could increase the potential for erosion and discharge of sediment into nearby drainages.

WATER RESOURCES  During activities on the parcels surface water or ground water quality has the potential to be degraded from storm water transport of sediment from disturbed soils or by accidental release of hazardous materials or petroleum products.  The Michael Court parcel is adjacent to the east fork of the Russian River, with potential for erosion from natural conditions and human activities on the site  The potential for increased stormwater runoff exists from increases in impervious surfaces.

AIR QUALITY  Activities on the parcels could emit pollutants in excess of established quantitative air pollution thresholds, which may hinder regional efforts in meeting State and Federal air quality standards.

BIOLOGICAL RESOURCES  Development on the parcels could potentially impact endangered, threatened, or rare species, locally occurring natural communities, or significant ecological resources.

CULTURAL RESOURCES  Development on the parcels could potentially impact archaeological and historical resources located within or adjacent to the Project Area. PVT 2013 Land Fee to Trust EA 48

SOCIOECONOMIC RESOURCES  Conversion to trust status parcels could result in fiscal impacts to Mendocino County.

TRANSPORTATION, CIRCULATION and NOISE  Development on the parcels could generate additional-vehicular use of local roadways, potentially contributing to increased traffic volumes and traffic flow.  Development on the parcels either construction could result in increases in existing noise levels or the exposure of future residents to unacceptable levels of ambient noise.

LAND USE  Development on the parcels could potentially conflict with the policies of the Mendocino County General Plan and the Zoning Ordinance.

PUBLIC SERVICES  Development on the parcels could impact drinking water and wastewater services, fire protection, schools, or law enforcement services

HAZARDOUS MATERIALS  Development on the parcels could result in environmental impacts if hazardous materials are encountered or mishandled during the construction process.

VISUAL RESOURCES  Development on the parcels could potentially result in impacts to the visual character or aesthetics of the Project Area.

CLIMATE CHANGE  Development on the parcels could potentially result in impacts from climate change, or add to greenhouse gas emissions.

RESOURCE USE PATTERNS  Changes to resources use patterns could result from the Proposed Action.

4.1 PROPOSED ACTION The Proposed Action consists of the conveyance of two parcels Michael Court and Redwood Valley) that total approximately 9.0 acres into federal trust. The land transfer would be in accordance with the procedures set forth in 25 CFR Part 151. This trust action would shift civil regulatory jurisdiction over the two parcels from the State of California and Mendocino County to the Potter Valley Tribe and the Federal government. The State and county would continue to exercise criminal jurisdiction under 18 U.S.C. §1162 and other federal laws pertaining to jurisdiction in Indian country.

No changes in land use or construction activities are included as part of this action. The Tribe plans to continue to use the project sites for their current use after acquisition. The two parcels would be used as housing and agricultural lands, consistent with existing land uses.

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4.1.1 Land Resources Potential geologic hazards occur near the project area. The Mendocino County General Plan (MC, 2003) indicates that the geologic hazards occurring in Mendocino County are:

 Unstable slopes, ground failure, unstable soils, and volcanism.  Seismic activity to developed areas in the county by ground displacement, ground failure, and ground shaking.

Geologic hazards constitute a potentially significant impact upon public safety and structural stability when construction projects are undertaken.

Construction on either of the parcels would alter the topography of the project area by re-grading and earthmoving activities on the land, increasing potential ground failure on unstable slopes. Increased erosion by water and wind could create potentially significant impact upon receiving water bodies and adjacent lands. If construction were to be proposed on either parcel, site- specific engineering studies shall be performed to minimize impacts to land resources.

The fee-to-trust conveyance itself would have no impacts on land resources. There are no known mineral or energy resources of local, regional or national importance in the project area. Construction performed in the future would use site-specific engineering studies to minimize impacts; therefore no impacts to mineral or energy resources would result from the Proposed Action.

4.1.2 Water Resources If there were construction projects proposed in the future, surface water or ground water quality could potentially be degraded from storm water transport of sediment or accidental release of hazardous materials or petroleum products from heavy equipment or construction materials. However, the Tribe and its designated contractor(s) would be required to enroll under USEPA’s General Storm Water Discharge Permit for Construction Activities prior to the initiation of construction. This would require development and implementation of a Storm Water Pollution Prevention Plan, Erosion Control Plan, and a Hazardous Materials Management Plan to avoid and minimize these hazards.

Wastewater management can cause impacts to surface and ground water resources, especially when septic tanks are utilized. If additional housing were proposed in the future, site-specific wastewater treatment would be designed to minimize impact on groundwater. It is also likely in the far future that a community wastewater facility would be built in both valleys. This would minimize impacts and most likely re-use wastewater.

Providing adequate quantity and quality of drinking water can be a significant impact to local water supplies. The use of wells is common in the area; seasonal shortages and overdraws can occur.

The fee-to-trust conveyance itself would have no impacts on water resources. By following required procedures of the USEPA and HUD (the likely sources of funding were construction to

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occur), there should be no adverse impacts to ground or surface water from the Proposed Action.

4.1.3 Air Quality Air quality impacts resulting from the fee-to-trust conveyance would be unchanged. The addition of a few houses on either of the properties would be well within the growth projections of Mendocino County and would conform to the appropriate State Implementation Plan (SIP).

Construction on the parcels would involve grading and earth moving activities. These activities could generate construction emissions of particulate matter (PM10) that could drift off-site. Best management practices during construction shall be implemented to reduce any PM10 impacts to a level considered less than significant. Field visits to the project site have confirmed that there are no serpentine soils or asbestos. There would be no significant impacts from dust, serpentine soils or asbestos from the Proposed Action.

Concentrated residential development can result in smoke from wood stoves and burning of leaves and other vegetation. This can be a significant impact on air quality. The county allows outside burning with a burning permit for residential, agricultural and lot clearing, under the regulations and with proper notification. There is no burning allowed on commercial property. If there were unregulated burning on the project site it could be a significant impact on air quality in the area. There are no wood-burning stoves proposed for the houses to be developed.

Increased traffic can affect air quality in the region. Addition of 2-3 residences at either or both parcels would be well within the future growth projections of the MC General Plan, and thus would not significantly reduce air quality. Air quality impacts resulting from the fee-to-trust conveyance would produce no impacts to air quality, and future development would not impact air quality significantly.

4.1.4 Biological Resources The project area is not within the covered area of any adopted Habitat Conservation Plan or Natural Community Conservation Plan (CDF&G, 2011b). There is designated Critical Habitat in the west fork of the Russian River, 1200 feet to the west. According to the biological opinion (USCOE, 2008), there are several cumulative causes for the decline in salmonid species and this designation:

Urban, residential, and agricultural developments, timber harvest, road construction, water supply, and flood control management activities have had a collective adverse effect on the quality and quantity of spawning, rearing, and migratory habitats for steelhead, coho salmon, and Chinook salmon in the Russian River watershed (page 10).

There are several rural residences between the Tribal parcel and the Russian River. Furthermore, there is a landscape/soil mix company along the banks directly between the rural houses and the river. This company stores, mixes and sells manure, soil and organics. It is much more likely to contribute to nutrient or sediment load of the nearby river. This facility is permitted and monitored by the Mendocino County Environmental Health Department. The potential addition of 1-2 additional houses by the Tribe is unlikely to adversely impact the nearby critical habitat. This is also the conclusion of the Biological Survey (Appendix, 2013 Bio Survey)

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The fee-to-trust conveyance would produce no impacts to sensitive species. Since both sites have been long disturbed by rural housing or agricultural production, it is unlikely that project would have adverse impacts on sensitive species on the Federal and State lists.

The US Fish &Wildlife Service was contacted for review of the project; their comments are in the Appendix.

4.1.5 Cultural Resources The Redwood Valley parcel is in a rural residential area, disturbed from its original condition. It is surrounded by a vineyard, county roads, other houses and a landscape company. It is highly unlikely that cultural resources are located on the site. Several HUD –funded housing projects have broken ground, monitored by the Tribal Environmental Office, with no evidence of cultural resources. The Potter Valley site is also an area disturbed by agricultural and housing development. If additional housing were to be constructed at either of the properties, the Tribe would be subject to federal laws and regulations for protection of cultural resources. Ironically, any artifacts that were uncovered would be from ancestors of the Potter Valley Tribe. Such artifacts belong to the property owners; in the event of future discoveries, this would be one of the few cases where artifacts would actually belong to the Tribe in the area of discovery.

The fee-to-trust conveyance itself would have no impacts on cultural resources. If housing construction were to take place in the future, impacts on cultural resources due to construction activities would be reduced to less than significant by implementation of best management practices and federal regulations.

4.1.6 Socioeconomic Conditions/Environmental Justice Economic impacts resulting from the fee to trust conveyance would be beneficial to the Tribe due to a reduction in property taxes. Based on the 2011 property tax bills, the annual taxes on the two parcels are $19,015 (Tribal records, Ukiah). Additional benefits that are highly likely to occur with the proposed action are an increase in recreational facilities as the Tribe is able to access federal programs to which it is presently ineligible, and increased employment from these programs and facilities. If housing construction were to take place in the future, there would be increased opportunities for housing for several Tribal youth. There are currently (2012) 19 minor children living on Tribal lands in 6 houses; these will benefit from housing, employment, and recreational opportunities in the near future.

According to Mendocino County, the total secured property tax income for FY 2010-11 was $27,231,849 (MC, 2012). Impacts to the County of Mendocino would be a reduction in property taxes of 0.07%. The likelihood of this small impact being more than offset by benefits from increased recreational facilities and employment from increased federal programs in the county is high.

The fee-to-trust conveyance itself would have a beneficial impact on the existing and future Tribal population. Impacts to the County of Mendocino would be less than significant.

Environmental justice encompasses a broad range of issues that involve impacts on the natural and physical environment that directly affect the social, cultural, and economic environment.

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Executive Order 12898 requires each federal agency to achieve environmental justice by addressing "disproportionately high and adverse human health and environmental effects on minority and low-income populations" from Federal actions. There is no standardized methodology for identification or analysis of environmental justice issues, but the analysis should consider the unique circumstances of a particular community or population, the particular types of environmental or human health impacts, and the nature of the proposed project itself.

Minority or low-income populations that could be impacted by the proposed action are the Redwood Valley Rancheria, whose main land bases are within two miles of the Redwood Valley parcel. Other than possibly increasing the overall population of the area, the proposed action would have no impacts on environmental justice

The proposed action is expected to have no significant adverse impacts on low-moderate income, minority populations in the immediate project area, including the nearby Redwood Valley Rancheria.

4.1.7 Transportation, Circulation and Noise Traffic Traffic in the Redwood and Potter Valleys is generally light, with occasional slow conditions during commute hours or special events. There are no major improvements needed for the Redwood Valley area; among the long-term projects are improvements to East Side Potter Valley Road, one of the two main access roads to the Tribe’s property. A proposed update of the Indian Reservation Roads inventory for all tribes within the county would ensure that all eligible roads are included, thereby maximizing the funding that tribes receive for transportation improvement (MCOG, 2010). The potential for additional housing on either or both of the Tribal properties would be within the growth projections of transportation planning within the county.

The fee-to-trust conveyance itself would have a no impact on traffic. If additional housing were to be built, impacts to existing and future traffic in the County of Mendocino would be less than significant.

Noise Both sites are in rural residential areas, with few sources of continuous noise. The Michael Court parcel is within 1000 feet of a school, with occasional sports and social activities on weekends. The Redwood Valley property has a fertilizer dealer/landscape yard, about 1000 feet to the west. This produces noise during business hours and on weekends from equipment operation and trucks entering and leaving Held Road, in front of three of the Tribal residences and the other neighbors. None of the HUD houses purchased or built needed noise mitigation measures to fulfill that agency’s requirements. The Tribe has no plans for noise producing developments in the future on the two sites; this would not be compatible with land use in the rural areas.

Reduction of noise during construction projects is addressed through best management practices and contractual stipulations. Should the Tribe construct additional housing, these would be implemented to protect their own and nearby residents during the temporary period of construction.

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The fee-to-trust conveyance itself would have no impact on noise. If housing construction were to take place in the future, temporary impacts from noise due to construction activities would be reduced to less than significant by implementation of best management practices and contractual stipulations.

4.1.8 Land Use The Tribe plans to continue to use the parcels for their current uses after acquisition. The proposed acquisition would provide greater control over land use matters, associated with tribal housing, facilities, and services for its members, by transferring jurisdiction over land use decisions from the County of Mendocino to the Tribe and federal government. Acquisition of the proposed trust parcels will assist the Tribe’s efforts to preserve the existence of the Tribe and reestablish its reservation land base.

The fee-to-trust conveyance would result in a loss of “local control” over land-use planning by the County. While this is seen as detrimental in the case of major developments, there is not room on the two parcels for development on this scale, nor is there the desire on the part of the Tribe to undertake such a project. The construction of 2-5 additional houses would result in small, but insignificant reductions in building permit fees to the County of Mendocino compared to the overall budget of the Planning and Building Services department.

The fee-to-trust conveyance itself would have a beneficial impact on the Tribe’s capacity to conduct planning activities and access federal funding programs, and a potential beneficial impact to the County of Mendocino from reduced planning services required. If housing construction were to take place in the future, impacts from reduced building permit fees to the County of Mendocino would be less than significant.

4.1.9 Public Services Drinking Water The Redwood Valley Tribal houses have residential hookups and a good supply of water, subject to rationing in very dry water years. There are three domestic wells on this parcel. These were formally used for domestic water, and could be re-activated if additional water is needed on this parcel. The likelihood of new water hookups from the RWCWD is low for the near future.

Potter Valley The Michael Court parcel has one domestic well on the site, which has always provided an ample supply for the single residence and livestock water. The well has the capacity to supply domestic water for additional housing, and is recharged by the flood-irrigated pasture.

The fee-to-trust conveyance itself would have no impact on the supply of drinking water on either parcel. If housing construction were to take place in the future, availability of water district hookups could be a limiting factor. In that case, onsite wells could be re-activated, reducing impacts on drinking water supplies to less than significant.

Wastewater There are no municipal sewage facilities in Potter or Redwood Valleys. Onsite systems are used for wastewater treatment, with the majority being septic tanks and drainfields. As housing

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density increases, more advanced treatment systems are required to deal with special soil conditions and the inherent problem of saturated soils in the winter months. Soil conditions and weather are major factors that dictate design considerations. If additional housing were to be constructed, the number at each site likely would be dependent on space available, siting and design of wastewater facilities. Systems that separate sewage from grey water are available, the trend for the future, and could allow for reductions in drainfield area and higher housing density.

The fee-to-trust conveyance itself would have no impact on wastewater management on either parcel. If housing construction were to take place in the future, availability of space for wastewater facilities could be a limiting factor. With proper design considerations, this could be reduced to less than significant.

Solid Waste & Hazardous waste The Tribe is fortunate in being located in an area where trash and recycling pickup is provided by franchisees in the County of Mendocino. This service is available to all residents of Redwood and Potter Valleys for a monthly fee. The county also has an excellent hazardous waste program.

All the houses at the Redwood and Potter Valley sites utilize the trash, recycling, and green waste pickup service. The same franchisee provides service to Redwood and Potter Valleys, and also to the trust lands of the nearby Redwood Valley Rancheria. Conservations with the company have confirmed that there are no restrictions on new service. The Tribal Environmental Office conducts cleanups and educational outreach, with a component of its GAP work plan dedicated for solid, medical and hazardous waste.

The fee-to-trust conveyance itself would have no impact on solid waste management. Should additional housing be constructed, the impact to services would be within growth projections for the local waste management franchisee and authority and would not be significant.

Electricity, Heating Fuel, and Telecommunications The Potter Valley Michael Court property has PG&E electricity, telephone from AT&T, a wood stove, and a propane tank for gas heating and cooking. The Redwood Valley Property has PG&E electricity, telephone from AT&T, no wood stoves, natural gas heating and cooking (PG&E) and cable television from a local provider. Telecommunications, television and internet service are also provided by numerous satellite/cell phone providers in the area.

The fee-to-trust conveyance itself would have no impact on the delivery of utilities. Should additional housing be constructed, the impact to services would be within growth projections for the local power and communication service providers and would not be significant.

Law Enforcement The Mendocino County Sheriff’s Office is directly responsible for providing general law enforcement services to the unincorporated areas of the County, comprising approximately 69 percent of the County’s residents. The main Sheriff’s station, including dispatch and detention facilities, is located in the City of Ukiah, 13 miles from Redwood Valley and 18 miles from Potter Valley. Response time is estimated to be from 30-45 minutes.

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The California Highway Patrol in Ukiah, which is located about 11 miles from Redwood Valley and 16 miles from Potter Valley, patrols State and Federal Highways, and assists with emergencies. Response time is estimated to be from 35-40 minutes.

The fee-to-trust conveyance itself would have no impact on law enforcement. Should additional housing be constructed, the impact to services would be within growth projections for county law enforcement services, resulting in a less than significant impact.

Fire Protection and Emergency Response The Redwood Valley-Calpella Volunteer Fire District provides firefighting and emergency services to the Redwood Valley site. The District's facility is located approximately three miles from the Tribe’s property in Redwood Valley. The Potter Valley Volunteer Fire Department provides firefighting and emergency services to the Potter Valley properties. Their facility is located ½ mile west of the Michael Court parcel.

The California Division of Forestry and Fire Protection (CDF) assists most of the fire districts countywide, providing technical support and paid personnel; all surveyed rural fire districts depend upon this support and reciprocate. The districts all have mutual aid agreements with CDF and adjacent districts, and CDF has statewide agreements with the BIA branches to provide fire protection for wildfires on Tribal land. The CDF has a fire attack station in Ukiah, approximately 15 air miles south of Potter Valley. Air response time would be approximately 30 minutes to the inland valleys.

The fee-to-trust conveyance itself would have no impact on fire protection. Should additional housing be constructed, the impact to services would be within growth projections for county and local fire protection services. Annual contributions to local firefighting agencies would insure that impacts were less than significant.

Schools and Hospitals Redwood Valley students attend Eagle Peak Middle School and Redwood Valley Elementary School, or Ukiah High School, all within Ukiah Unified School District. Potter Valley students attend Potter Valley Elementary and Potter Valley Junior/Senior High School, within the Potter Valley Community Unified School District. Both school districts also offer continuation and charter schools and offer home schooling. Mendocino Community College, located in north of Ukiah provides for two year and certificate programs in higher education. This campus is 8 miles from the Redwood Valley property and 15 miles from the Potter Valley property. Although some colleges offer off-campus classes and programs in the area, the nearest 4-year college is Sonoma State University, 65 miles south of Ukiah. Enrollment in K-12 schools generally declined in the county from 2008-2011 (CalFinance, 2011); at least one school was recently closed in Redwood Valley due to declining enrollment.

About 11 miles from Redwood Valley and 18 miles from Potter Valley, in the city of Ukiah, are a broad range of medical care facilities. Two private hospitals, both owned by Adventist Hospitals Inc., provide service for the area and operate at about 75% of capacity. People with an inability to pay for private medical services may receive medical care through the County Health Department in their facility located on Bush Street in Ukiah. Additionally, several non-profit

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The fee-to-trust conveyance itself would have no impact on schools and hospitals. The local school district has experienced a decline in enrollment for several years; additional school-age children may be a beneficial impact. Should additional housing be constructed, the impact to services would be within growth projections for county and local health care and educational facilities. Therefore, no adverse impacts to schools and local hospitals would likely occur as a result of the proposed action.

4.1.10 Hazardous Materials A search of available environmental records and several site visits and reports have confirmed that there are no sources of contaminants or hazardous wastes on either site. The Tribal Environmental Office has community outreach and pickup programs and educates the community about HHW and materials that should not go into the waste stream or environment. In addition, the solid waste franchisees spot check dumpsters and issue warnings to reduce their liability and exposure to workers.

The fee-to-trust conveyance itself would have no impact on hazardous waste management. The TEO would still provide services for Tribal residents. Should additional housing be constructed, the impact to services would be within growth projections for county and waste management facilities. Therefore, no adverse impacts from hazardous waste would likely occur as a result of the proposed action.

4.1.11 Visual Resources The viewshed around both parcels are pleasant to beautiful scenes: rural houses scattered among vineyards, oak-covered creeks, pastures, vineyards and orchards, with the occasional historic barn, and rural county roads. Both valleys are surrounded by tree-covered mountains in three directions, with creeks and rivers flowing in southwesterly directions down the Russian River valleys. All of the existing and any additional Tribal residences would be seen from their immediate neighbors’ properties in all directions, especially those above the level of the valley floor. Limitations of the natural environment, specifically available acreage, soils, weather and water resources, will restrict additional development on the Tribe’s parcels.

The fee-to-trust conveyance itself would have no impact on visual resources. If housing construction were to take place in the future, density would be restricted by other major factors resulting in less than significant impacts.

4.1.12 Climate Change Issues The parcel sites are located in the Russian River watershed, which potentially could have an increase or decrease in water supply (beyond historical deviations) from climate change. An increase in total or intensity of rain events could result in increased flooding or higher elevation of flooding compared to historical levels. Since houses are ideally located above the 100-year floodplain, this could impact present and future buildings. A serious decline in rainfall could impact residents and the environment locally and all the way downstream. Since the water is

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over-allocated, this could drastically decrease the usable water supply for people, agriculture, industry, landscapes, and aquatic species.

Redwood Valley The existing houses are about 10 feet above the 100-year floodplain, which is 850 feet to the north. An increase in the water from floods or in the long term would possibly inundate some of the houses during very high intensity rain events. Under this scenario, there would likely be plenty of water for drinking and irrigation in Redwood Valley.

A decrease in rainfall amounts could occur. Since this a high rainfall area the Redwood Valley aquifer could probably sustain a 20% drop in annual rainfall without impacting domestic well capacity and deliveries of agricultural water. However, there are other water agencies depending on this water plus limits on diversions for sensitive fish populations. Cutbacks in agricultural water supply from the Russian River would be anticipated to impact agriculture in the valley. Overdrafts from lower water tables and increased groundwater use for agriculture could occur. The Tribe could still utilize existing, unused wells on this property. There is also the possibility of raising the level of Lake Mendocino, which is currently under study. The Redwood Valley County Water District is heading this effort; presumably they would be recipients of enough water to supply additional hookups for their customers. A severe drop in rainfall would hasten this process.

A decrease in rainfall amounts could occur. Since this a high rainfall area, the Potter Valley aquifer could probably sustain a 20% drop in annual rainfall without impacting domestic well capacity and deliveries of agricultural water. However, this latter source comes through the mountain from the Eel River, to the north. Since there are other water agencies depending on this water plus limits on diversions for sensitive fish populations, cutbacks in agricultural water supply would be anticipated to impact agriculture in the valley. Overdrafts from lower water tables and increased groundwater use for agriculture could occur. This could limit the number of additional houses that could be developed on this property.

The fee-to-trust conveyance itself would have no impact on, nor be impacted by, climate change. If housing construction were to take place in the future, density could be restricted a reduced water supply. However, the use of existing wells would result in less than significant impacts with a 20% rise or drop in rainfall would be an insignificant impact on the project site.

Greenhouse Gas Emissions from Tribal Housing To determine if a quantitative assessment of GHG emissions from the project is needed, the USEPA Household Emission Calculator was used (USEPA, 2012). The Tribe’s Potter Valley property is 19 miles away from the main land base; this was used to estimate the high end of the

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Tribe’s household emissions. Assumptions are: electricity for power and air conditioning, propane heating, and commuting to Ukiah for work using low gas mileage vehicles. Offsets to increased energy use include credit for s0% green energy (hydrothermal power) and complete curbside recycling available to the area. The following conservative figures were used: five persons per household, two vehicles, 300 miles per week, 10-12 mpg, above average electricity and propane use. The calculator estimates 11,851 metric tons/year of CO2 production per household member, compared to average U.S. emissions of 20,750 pounds per person per year. The Tribe’s carbon footprint is 56% of the U.S. average. Although there is room for improvement, the carbon footprint of the Tribal members is low (see Appendix 4.1.12 PVT Emissions Calculator 201).

Ways to reduce GHG emissions include: purchasing or producing electricity, heat, or steam generated from renewable energy sources, generating and consuming energy onsite, developing on-site renewable energy systems that do not generate electricity but produce thermal energy, such as solar water heating, ground source heat pumps, and geothermal direct use. By incorporating solar technology when feasible there would be further improvements.

The fee-to-trust conveyance itself would have no impact on the Tribe’s carbon footprint. If housing construction were to take place in the future, the fact that member’s carbon footprint is much below the U.S. average means that there would be an insignificant impact from the proposed action.

4.1.13 Resource Use Patterns Hunting, Fishing, Gathering The Tribe’s properties are surrounded by rural or agricultural development; there would be no hunting on the properties. Fishing opportunities are available nearby. There are oaks on both properties, which offer potential for gathering of acorns for food, ceremonial, or educational use. For these reasons, the Tribe has committed to conserving as many of the older oaks as possible. With the potential for increased federal programs for resource protection and enhancement, and the acquisition of land on the Eel River, there could be increased opportunities for hunting, fishing, and gathering as a result of the proposed action.

The fee-to-trust conveyance should have no adverse, and a projected positive impact on the Tribe’s resource use patterns.

Timber Harvesting, Agriculture, Mining There are no plans for harvesting timber on either property. Firewood could be harvested sustainably if only downed wood is used. A portion of the Michael Court site is used for agriculture; this will continue for the near future. The Tribe has space available for community gardens for Tribal members. There are no planned or potential mining activities for either site.

The fee-to-trust conveyance itself would have no impact on these resource use patterns. If housing construction were to take place in the future, the Michael Court site should be evaluated using the USDA Farmland Conversion Impact Rating. This would insure a less than significant impact to prime farmland under the USDA Farmland Protection Policy.

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Recreation The fee-to-trust conveyance itself would have no adverse impact on local recreation. If it improves availability of federal programs, it could help increase recreational opportunities in the Potter Valley area. If housing construction were to take place in the future, it would be well within the projected growth for the area, and have no impact on existing recreational facilities.

4.2 NO ACTON ALTERNATIVE 4.2.1 Land Resources Under the No Action Alternative the Tribal lands would remain in fee simple status, and any future development would be with the oversight of the County of Mendocino. Land uses would be subject to review and approval of the county, which limits the Tribe’s self-determination and planning capacity. There would be no direct significant impacts to land resources, and the elimination of the Tribe’s ability to restore its own formal reservation.

4.2.2 Water Resources Under the No Action Alternative the Tribal lands would remain in fee simple status, and any future development would be with the oversight of the County of Mendocino. There would be no significant impacts to water resources.

4.2.3 Air Quality Under the No Action Alternative the Tribal lands would remain in fee simple status, and any future development would be with the oversight of the County of Mendocino. There would be no significant impacts to air quality.

4.2.4 Biological Resources Under the No Action Alternative the Tribal lands would remain in fee simple status, and any future development would be with the oversight of the County of Mendocino. There would be no adverse impacts to biological resources. By being ineligible for many federal programs for the protection and enhancement of natural resource, the Tribe would have a reduced capacity to protect biological resources on their lands, both currently owned and to be acquired.

4.2.5 Cultural Resources Under the No Action Alternative the Tribal lands would remain in fee simple status, and any future development would be with the oversight of the County of Mendocino. There would be no significant impacts to cultural resources. By being ineligible for many federal programs for the protection and enhancement of cultural resources, the Tribe would have a reduced capacity to protect cultural resources on their lands, both currently owned and to be acquired.

4.2.6 Socioeconomic Conditions/Environmental Justice The No Action Alternative does not involve any specific development or ground-disturbing activities, so no adverse impacts to socioeconomic conditions or environmental justice would occur. However, since social and economic impacts resulting from the Proposed Action are expected to be beneficial to the Tribe these would not occur under the No Action Alternative. The Tribe would not restore its reservation land base lost through termination; there would be no progress towards meeting the goals of the Tribe’s economic development plan, and the Tribe could not avail itself of several federal programs. The Tribe would continue to pay property taxes

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on the two properties. The Tribal Council has considered this alternative, and determined that it would have potential adverse impacts to the Potter Valley Tribal community.

4.2.7 Transportation, Circulation and Noise The No Action Alternative does not involve any specific development or ground-disturbing activities, so no adverse impacts to the local noise or traffic levels would occur.

4.2.8 Land Use The No Action Alternative does not involve any specific development or ground-disturbing activities, so no adverse impacts to land use would occur. The Tribe’s option to restore its own formal reservation would be unrealized, an adverse impact to the Tribe of this alternative.

4.2.9 Public Services The No Action Alternative does not involve any specific development or ground-disturbing activities, so no direct adverse impacts to public services would occur. By being ineligible for many federal programs for the protection and enhancement of cultural resources, the Tribe would have a reduced capacity to provide some public services to its members.

4.2.10 Hazardous Materials The No Action Alternative does not involve any specific development or ground-disturbing activities, so no adverse impacts from hazardous wastes would occur.

4.2.11 Visual Resources The No Action Alternative does not involve any specific development or ground-disturbing activities, so no adverse impacts to visual resources would occur.

4.2.12 Climate Change Issues The No Action Alternative does not involve any specific development or ground-disturbing activities, so no adverse impacts to climate change would occur.

4.2.13 Resource Use Patterns The No Action Alternative does not involve any specific development or ground-disturbing activities, so no adverse impacts to resource use patterns would occur. The fee-to-trust conveyance would improve access to several federal programs; without it there could be recreational and resource gathering opportunities in the Potter Valley area that would not be available. This would be an adverse impact of this alternative.

4.3 CUMULATIVE IMPACTS NEPA environmental assessments should evaluate environmental consequences that are cumulative. Cumulative impacts are broadly defined as those that “result from the incremental impacts of an action when added to other past and reasonably foreseeable future actions” (40 CFR 1508.7). Cumulative impacts by their nature can be difficult to identify and quantify. This section analyzes past actions within the Redwood and Potter Valley area, factors within the reasonably foreseeable future, and identifies project-related cumulative impacts and associated mitigated measures. Cumulative impacts of the fee-to-trust action and the potential development of up to 5 additional houses on the two properties will be considered.

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4.3.1 Land Resources The fee-to-trust conveyance itself would have no cumulative adverse impact on land resources. The future construction of up to five additional houses would be within the growth projections of the Mendocino County General Plan, thus no incremental or cumulative impacts to land resources are expected from implementation of the Proposed Action or No Action Alternative. Since the Proposed Action improves the availability of federal programs, it would have cumulative beneficial impacts on land resources.

4.3.2 Water Resources The fee-to-trust conveyance itself would have no cumulative adverse impact on land resources. If more than 1 acre were to be disturbed, the Tribe would be required to apply to the US EPA for coverage under the Construction General Permit (NPDES) program, which requires a Stormwater Pollution Prevention Plan. Funding for the future construction of up to five additional houses would come from HUD, which also requires best management practices (BMPs) to be utilized during construction. This insures protection of nearby water bodies from sediment and pollution from construction and operation of the project. Thus, potential post- development impact from the proposed action would be negligible. No significant cumulative impacts to hydrology or water quality are anticipated.

4.3.3 Air Quality The MCAQMD does not have established thresholds for cumulative significance of air pollutant emissions. There are currently no published thresholds of significance established by any state regional regulatory agency for measuring the impact of climate change on or from a project. However, the significance of cumulative air quality emissions typically is determined by whether project-level air emissions exceed established thresholds. As discussed previously, project-level emissions would not exceed the comparative State thresholds. Moreover, given the overall good air-quality conditions of the North Coast air basin, and since the Proposed Action and No Action Alternatives are within the growth projections of the Mendocino County General Plan, air emissions would not represent cumulatively significant increase in air pollutants that would cause the air basin to reach nonattainment for criteria pollutants for which it is currently in attainment.

4.3.4 Biological Resources Cumulative impacts to the biosphere occur incrementally through destruction and degradation of habitat. The project sites and surrounding properties have been developed (rural housing, agriculture) with some natural habitat left; additional development on the parcels would not be expected to contribute incrementally or significantly to the loss of natural habitat. No cumulative impacts to biological resources are expected. Since the Proposed Action improves the availability of federal programs, it could have cumulative beneficial impacts on biological resources.

4.3.5 Cultural Resources No cumulative impacts to cultural resources are expected.

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4.3.6 Socioeconomic Conditions/Environmental Justice The cumulative socioeconomic impacts resulting from the proposed action is expected to be beneficial to the Tribe, to other local tribes, and to the general public. The proposed action would restore the Tribe’s reservation land base, foster the Tribe's goal of self-determination, enhance self-governance and tribal sovereignty, and be a step towards achieving its economic development goals. The Tribe could exercise Tribal jurisdiction over newly acquired lands, such as the Eel River property. This acquisition requires the management and enhancement of this land for public recreation in perpetuity. Cumulative impacts to local socioeconomic conditions and environmental justice are expected to be beneficial.

4.3.7 Traffic, Sound, and Noise Future development resulting from the Proposed Action could potentially generate noise in the form of vehicles traveling to and from the additional housing. Because the Proposed Action will not have a significant cumulative impact upon traffic, access, or circulation, any noise contribution is considered to be less than significant.

4.3.8 Land Use The fee-to-trust conveyance itself would have no cumulative adverse impact on land use. The future construction of up to five additional houses would not produce cumulative impacts on land use; the growth would be within the projections of the Mendocino County General Plan which encourages appropriate development. Thus, implementation of the Proposed Action would have no cumulative adverse impact on land use.

4.3.9 Public Services The fee-to-trust conveyance itself would have no cumulative adverse impact on public services. The future construction of up to 5 additional houses would not produce cumulative impacts on public services; the growth would be within the projections of the Mendocino County General Plan. It is unlikely that the Proposed Action would induce excessive secondary development that would exceed the carrying capacity of existing public services. There would be slight increases in the need for various public services. Thus, implementation of the Proposed Action would have no cumulative adverse impact on public services.

4.3.10 Hazardous Materials There are no known hazardous materials currently on the properties, and it is not anticipated that hazardous materials will be used or stored on site in commercial or industrial quantities. Implementation of the Proposed Action should not contribute cumulatively or otherwise significantly to any hazardous material impact.

4.3.11 Visual Resources The fee-to-trust conveyance itself would have no cumulative adverse impact on visual resources. The future construction of up to five additional houses would not produce cumulative impacts on visual resources; the natural limitation of land space at the two properties keeps development at the density of the nearby communities. Future development at either site would not block views of the nearby mountains. The cumulative impact upon visual resources should be neutral.

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4.3.12 Climate Change Issues Rainfall amounts could increase or decrease with future climate change. With increases, there could be more flooding, however, the cumulative impacts from flooding from up to five houses would not be significant. Since this a high rainfall area; the Redwood and Potter Valley aquifers could probably sustain a 20% drop in annual rainfall without impacting domestic well capacity and deliveries of agricultural water. However, there are other water agencies depending on the east and west forks of the Russian River for water, plus limits on diversions for sensitive fish populations. Cutbacks in agricultural water supply from the Russian River watershed would be anticipated to impact agriculture in the valley. Overdrafts from lower water tables and increased groundwater use for agriculture could occur. The Tribe could still utilize existing, unused wells on this property. Under this scenario, droughts could be prolonged or more persistent. However, there are water harvesting, saving, and re-use technologies presently available that could be used. The cumulative impacts from water use for up to five houses would not be significant with the implementation of mitigation measures.

The fee-to-trust conveyance itself would have no cumulative adverse impact on carbon emissions. Since the carbon footprint of the existing Tribal households is 56% of the U.S. average, any proposed development would contribute less to climate change than similar projects in other areas, and is within the growth projections of local general plans. Even with the future construction of up to five additional houses this is a less than significant impact.

4.3.13 Resource Use Patterns The Redwood and Potter Valley areas are mostly rural residential and agricultural; local citizen groups have indicated that they want it to remain this way. There are gathering, hunting and fishing opportunities available nearby; many are on private property. With the potential for increased federal programs for resource protection and enhancement, and the acquisition of land on the Eel River, there could be increased opportunities for hunting, fishing, and gathering as a result of the Proposed Action. The fee-to-trust conveyance should have no adverse cumulative impacts on resource use patterns in the area. There is the potential for positive impacts on the resource use patterns of the Potter Valley Tribe, other local tribes, and the local communities from increased recreation opportunities.

5 MITIGATION MEASURES:

This section of the EA analyzes the effects of the Preferred Alternative, the conveyance of 9.0 acres of property from “fee” to “federal trust” status and the potential development of up to five additional houses on the two properties.

NEPA regulations require that mitigation measures be developed for all effects of a proposed action where it is feasible to do so. Correspondingly, the identification of mitigation measures is discussed in the BIA NEPA Handbook (Part 6) and in the DOI NEPA Manual (Part 516 DM 4), and in HUD Regulations (24 CFR Part 58).

In this section mitigation measures have been identified to the extent feasible and appropriate to address specific potential effects. In addition to mitigation measures, best management practices

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(BMPs) are presented. BMPs are not mitigation measures but are instead management prescriptions that are employed to minimize impacts.

For the purposes of this analysis, both direct and indirect impacts were reviewed. Direct effects, are those are caused by the proposed action and occur at the same time and place. Indirect effects, which are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable. Indirect effects may include growth inducing effects and other effects related to induced changes in the pattern of land use, population density or growth rate, and related effects on air and water and other natural systems, including ecosystems.

Apart from the removal of the property from local tax rolls, the trust conveyance of the property as a direct effect is considered insignificant by the Potter Valley Tribe as the loss of property taxes by the county would be equal to 0.07% of the assessments collected. The proposed action includes portions of the land parcels currently undeveloped that could be developed for housing in the foreseeable future. The first of these developments are not anticipated to begin until at least five-years after the property is conveyed to trust status.

A common recommendation is that for the best protection of the Tribe and the environment, all mitigation measures should be incorporated into the construction contracts in the future. Under the Preferred Alternative, the Tribe would be the Responsible Entity as the recipient of HUD funds for construction. This is especially important in this case.

5.1 Land Resources No mitigation measures are required for the fee-to-trust conveyance.

Mendocino County's General Plan has a Seismic Safety and Safety Element that requires the inventory of natural hazard areas of the county, and identifies policies and programs to mitigate the hazards. The properties are located in an area that would be subject to ground shaking from earthquakes. Because the county is implementing all possible policies and programs to mitigate natural hazards, and because earthquakes occur infrequently in the county, the earthquake hazard is considered an acceptable risk. The county has adopted the Uniform Building Code, and enforces the grading provisions therein, which utilizes the most current seismic design criteria for new residential and public buildings. Construction in accordance with the seismic requirements of the Uniform Building Code, as required by Federal funding programs, would reduce potential seismic impacts to a less than significant level.

5.2 Water Resources No mitigation measures are required for the fee-to-trust conveyance.

If the construction footprint(s) is larger than one acre in area, such construction is regulated by the Clean Water Act under the National Pollution Discharge Elimination System. The Tribe and its designated general contractor(s) must enroll under the USEPA's General Storm Water Discharge Permit for Construction Activities prior to the initiation of construction. In conjunction with enrol1ment under this Permit, a Storm Water Pollution Prevention Plan, Erosion Control Plan, and a Hazardous Materials Management-Spill Response Plan must be created and implemented during construction to avoid or minimize the potential for erosion,

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sedimentation, or accidental release of hazardous materials. Construction Best Management Practices are also suggested to reduce potential impacts. During the planning phase, and prior to construction, implementation of these mitigation measures would reduce potential construction- related impacts to water quality to a less than significant level.

Wastewater No mitigation measures are required for the fee-to-trust conveyance.

Wastewater management can be problematic in some soils of the high rainfall, Redwood and Potter Valley area. Prior to housing construction, the wastewater systems should be designed using County of Mendocino Environmental Health Department specifications to insure local design features are incorporated to protect ground water quality. This mitigation measure would make the impact of wastewater disposal less than significant.

5.3 Air Quality No mitigation measures are required for the fee-to-trust conveyance

Additional housing construction effects will have a less than significant impact upon air quality in the long run. For temporary impacts to air quality, the Tribe and the prime contractor should implement a fugitive dust control plan, and related construction best management practices, as part of the enrollment of the project in USEPA's NPDES General Construction Permit. Proper implementation of these permit requirements will ensure that construction related effects on air quality are minimized and reduced to a less than significant level.

5.4 Biological Resources No mitigation measures are required for the fee-to-trust conveyance

There are no species listed as endangered or threatened occurring on either property. Potential areas for construction are disturbed habitats; construction will remove a minimal number of trees while permanently protecting as many as possible.

No mitigation measures are required for the construction of up to 5 houses on the two properties.

5.5 Cultural Resources No mitigation measures are required for the fee-to-trust conveyance.

Several records searches and surveys did not identify any cultural resources on the Redwood Valley site, and potential cultural resources on the Potter Valley site. Ground disturbing activities in Mendocino County always have the potential to uncover previously unidentified cultural resources - a potentially significant impact. Any inadvertent discovery of any historic properties in future project implementation is subject to the requirements of 36 CFR 800.13 (post-review discoveries). Any such discovery will require the immediate cessation of all construction activities, and inspection of a qualified archaeologist or cultural resource specialist. Appropriate mitigation, as recommended by the archaeologist, shall be implemented. Cultural resource

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materials discovered would belong to the Potter Valley Tribe, as property owners. The Tribe would also be considered the most likely descendants in the area.

Pursuant to Native American Graves Protection and Repatriation Act of 1990, if skeletal remains or bones of unknown origin are found during construction, all work will stop in the vicinity of the find and the County Coroner will be contacted immediately. If the remains are determined to be Native American, the coroner and the Potter Valley Tribe should notify the local Tribes (Elem Indian Colony of Pomo Indians, Robinson Rancheria, and Habematolel Pomo of Upper Lake) who will then notify the person that is the most likely descendant. The most likely descendant will work with the Tribe or contractor to develop a program for re-interment of the human remains and any associated artifacts. No additional work will take place within the immediate vicinity of the find until the identified appropriate actions have been implemented. Implementation of these mitigation measures would reduce ground-disturbing impacts to a less than significant level on cultural resources.

5.6 Socioeconomic Conditions and Environmental Justice No mitigation measures are required for the Proposed Action.

5.7 Transportation, Circulation and Noise Traffic No mitigation measures are required for the Proposed Action.

Noise No mitigation measures are required for the Proposed Action.

5.8 Land Use No mitigation measures are required for the Proposed Action.

5.9 Public Services No mitigation measures are required for the Proposed Action.

5.10 Hazardous Materials No mitigation measures are required for the fee-to-trust conveyance.

With the development of additional houses, the Tribe and its contractor should follow BMPs for the reduction and management of any hazardous materials during construction. The Potter Valley Tribal Environmental Office should monitor the project, report to the Tribal Council, and insure that the workers and nearby residents are protected and the Tribe is protected from liability.

Implementation of best management practices would reduce potential impacts of accidental release of hazardous materials during project construction to a less than significant level.

5.11 Visual Resources No mitigation measures are required for the Proposed Action.

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5.12 Climate Change Issues No mitigation measures are required for the Proposed Action.

5.13 Resource Use Patterns No mitigation measures are required for the Proposed Action.

6 ORGANIZATIONS AND AGENCIES CONTACTED REGARDING THIS PROJECT:

Bureau of Indian Affairs County of Mendocino Redwood Valley Rancheria US Fish & Wildlife Service – Sacramento Office.

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ENVIRONMENTAL ASSESSMENT CHECKLIST POTTER VALLEY TRIBE LAND TRUST ACTION ALTERNATIVE

Evaluation of the significance of the effects of the proposal on the character, features and resources of the project area. The following impact codes apply: (1) – No impact anticipated; (2) Potentially beneficial; (3) Potentially adverse, requires documentation; (4) Requires mitigation; (5) Requires project modification. Additional materials may be attached.

Impact Category Code Source Documentation Land Development Conformance with Comprehensive Plans & 1 MCGP (2005). Mendocino County General Plan Update Zoning Compatibility and Urban 1 MCGP (2005). Mendocino County General Plan Update Impact USDA. (1989). Soil Survey of Lake County. Slope 1 RGH. (2011). Draft Preliminary Geotechnical Study Report. Refer to mitigation measures in text. RGH. (2011). Draft Preliminary Geotechnical Study Erosion 1 Report. Refer to mitigation measures in text. Soil Suitability 1 USDA. (1991). Soil Survey of Mendocino County Hazards and Nuisances, Young, G. (2013). Level I Contaminant Surveys. EDR. 1 including Site Safety (2006 & 2012). EDR Radius Map & Geocheck Minimal increase in traffic noise levels; (Refer to text: Noise – Contribution to 1 Community Noise Levels pg. 52) Air Quality – Effects on Project conforms with State Implementation Plan. ambient air quality & contribution 1 to community pollution levels (CARB, 2011) and (MCGP, 2005) Environmental Design – No construction or development proposed at this time; Visual Quality – Coherence, 1 diversity, compatible use scale refer to text Power is available to site; project will not increase use Energy Consumption 1 beyond projected growth (Refer to text; pg. 54) Socioeconomic Demographic Character Project will provide low-income housing (refer to text 1 Changes pg. 5: Purpose and Need for the Proposed Action No construction or development proposed that could Displacement 1 displace any residents; refer to text. Employment and Income Refer to text: 4.3.6 Socioeconomic 1 Patterns Conditions/Environmental Justice, pg. 63. Water Resources If construction of additional houses occurs in the future: Surface Water 4 refer to 5.2 mitigation measures in text; pg. 65.

ENVIRONMENTAL ASSESSMENT CHECKLIST POTTER VALLEY TRIBE LAND TRUST ACTION ALTERNATIVE Impact Category Code Source Documentation Site inspections; (Young, 2006); refer to text 4.1.1; pg. Unique Natural Features 1 50 and 4.1.8; pg. 54. For future development, refer to and Agricultural Lands text 4.1.13; pg. 59 Vegetation and Wildlife 1 Refer to text 4.1.4; pg. 51

Community Facilities and Services

Proposed Action will have no effect on educational Educational Facilities 1 facilities; refer to text 4.3.9; pg. 63 Proposed Action will have no effect on, nor construct Commercial Facilities 1 new commercial facilities; refer to text 4.3.9; pg. 63 Proposed Action will have no effect on health care Health Care 1 facilities; refer to text 4.3.9; pg. 63. Proposed Action will benefit Tribal community through Social Services 2 increased access to programs; see text, pgs. 5, 8-9 Proposed Action will have no effect on solid waste Solid Waste 1 facilities; refer to text 4.3.9; pg. 63 Proposed Action will have no effect on waste water Waste Water 1 facilities; For construction of additional houses in the future: refer to 5.2 mitigation measures in text; pg. 65. Proposed Action will have no effect on storm water Storm Water 1 levels; refer to text 4.3.2; pg. 62. Proposed Action will have no effect on water supplies; Water Supply 1 refer to text 4.3.2; pg. 62. Any increase in demand would be within projected Public Safety: Police 1 growth for the area; refer to text 4.3.9; pg. 63 Any increase in demand would be within projected Fire Protection 1 growth for the area; refer to text 4.3.9; pg. 63 Any increase in demand would be within projected Emergency Medical 1 growth for the area; refer to text 4.3.9; pg. 63 Project compatible with Mendocino County General Quality of Life: Open Space 1 Plan (MC, 2009) Project will not affect recreational facilities: potential Recreation 2 for increased recreational opportunities; see 1.3 pg. 5 Project will not affect cultural facilities: potential for Cultural Facilities 2 increased cultural opportunities; see 1.3 pg. 5 Transportation: Any increase in demand would be within projected 1 Traffic growth for the area; refer to text 4.3.7; pg. 63.

(1) – No impact anticipated; (2) Potentially beneficial; (3) Potentially adverse, requires documentation; (4) Requires mitigation; (5) Requires project modification

STATUTORY CHECKLIST – 24 CFR Part 58 Applicable Statutes, Executive Orders, Regulations Statutes, Executive Orders, Complies Source Documentation Regulations [24 CFR 58.5] Michael Court: Records search (NWIC, 2006); site Historic Preservation inspection (USDA-NRCS, 2010). Redwood Valley: X [36 CFR 800] Personal experience with sites, Tribal Environmental Office. Floodplain Management Federal Emergency Management Agency, Mendocino [24 CFR 55, Executive Order X County unincorporated areas, Ca, Community Panels 11988] #0600183 0704B and 0692B Both sites disturbed by residential and agricultural Wetlands Protection X development; personal experience with sites, Tribal [Executive Order 11990] Environmental Office. Coastal Zone Management X Not within coastal zone: Map, Appendix Act [Sections 307 (c), (d)] Sole Source Aquifers Site not within a listed Sole Source Aquifer (USEPA, X [40 CFR 149] 2011) Endangered Species Act X USF&W species list, 2-21-13 (Appendix). [50 CFR 402] Wild and Scenic Rivers Act No Wild & Scenic Rivers in project area: USGS Topo X [Sections 7 (b), (c)] Maps: 566C, 566D Quads Air Quality [Clean Air Act, Insignificant increase in traffic; would not result in Sections 176 (c), (d) and 40 X increased emissions beyond attainment levels (CARB, CFR 6, 51, 93] 2011, Refer to text; pg. 52) No farmland will be removed from production without Farmland Protection Policy X USDA Farmland Conversion Impact Rating Act [7 CFR 658] compliance Environmental Justice Proposed Action will improve conditions for Tribal X [Executive Order 12898] community - increased access to federal programs.

HUD Environmental Source Documentation Standards Complies Noise Abatement and Proposed Action will not impact noise in the area; X Control [24 CFR 51 B] refer to text; pgs. 55, 63. Toxic or Hazardous No known or observed hazards: Field observations Substances and Radioactive X (Young, 2006). Environmental records search (EDR, Materials [HUD Notice 79-33] 2006, 2012). Level I Contaminant Surveys (2013) Siting of HUD-Assisted No known or observed hazards: Field observations Projects Near Hazardous X (Young, 2006). Environmental records search (EDR, Operations [24 CFR 51 C] 2006, 2012). Level I Contaminant Surveys (2013) Airport Clear Zones and List - Designated Primary and Commercial Service Accident Potential Zones X Airports (HUD, 2002). [24 CFR 51 D]

PVT 2013 Land Fee to Trust EA SUSTAINABLE AGRICULTURE

GREGG A. YOUNG IN NORTHERN CALIFORNIA SINCE 1973 Certified Professional Agronomist P.O. Box 246 Talmage, California 95481 (707) 463 1899 phone & fax g regg [email protected]

Potter Valley Tribe Fee to Trust Application Redwood Valley and Michael Court Properties – 2013 USDA FARMLAND CONVERSION IMPACT RATING JUSTIFICATION

Project Description: The Potter Valley will apply for conversion to Trust status for two parcels in Potter and Redwood Valleys. The Potter Valley property is located on prime farmland (Michael Court - APN 175- 030-10). With the possibility of building additional housing for Tribal members the following farmland conversion impact rating was completed.

Site Assessment Scoring for the Twelve Factors Used in FPPA

1. How much land is in non-urban use within a radius of 1.0 mile from where the project is intended?

70 percent: 11 points 2. How much of the perimeter of the site borders on land in non-urban use? There is 1 rural residential house adjoining the property: 220 ft of perimeter is non-urban out of 2130 ft total perimeter

= 10.3 percent: 9 points

3. How much of the site has been farmed (managed for a scheduled harvest or timber activity) more than five of the last ten years?

3 out of 5.7 acres = 52.6%: 10 points

4. Is the site subject to state or unit of local government policies or programs to protect farmland or covered by private programs to protect farmland?

The property is zoned AG 40 (non-conforming); this means that 40 acres minimum are required n the area but the parcel was divided and has been in rural residential use. Mendocino County has a ‘Right to Farm Ordinance’ any project design will require setback from nearby farms as a mitigation measure.

Site is protected: 20 points

5. How close is the site to an urban built-up area?

The site is less than 1 mile from the Potter Valley town and high school.

The site is less than 1 mile from, but is not adjacent to an urban built-up area 5 points

6. How close is the site to water lines, sewer lines and/or other local facilities and services whose capacities and design would promote nonagricultural use?

The site is less than 1 mile (750 feet) from the town of Potter Valley.

Several of the services exist less than one mile from the site 0 points

7. Is the farm unit(s) containing the site (before the project) as large as the average-size farming unit in the county? (Average farm sizes in each county are available from the NRCS field offices in each state. Data are from the latest available Census of Agriculture, Acreage of Farm Units in Operation with $1,000 or more in sales.)

According to the USDA data, the average farm size in Mendocino County is 585 acres. The site is 5.7 acres, which is 1% of the average farm size.

50 percent or below county average 0 points

8. If this site is chosen for the project, how much of the remaining land on the farm will become non-farmable because of interference with land patterns?

More than 25 percent of acres directly converted by the project 10 points

9. Does the site have available adequate supply of farm support services and markets, i.e., farm suppliers, equipment dealers, processing and storage facilities and farmer's markets?

There are no farm supply stores in Round Valley. There are no agricultural packing sheds or equipment dealers. Most of the agricultural production (grapes, pears, hay, livestock) is marketed out of the area; at least 60 miles away. A few vegetable producers serve the area; most of the produce is exported.

Some required services are available 1 point

10. Does the site have substantial and well-maintained on farm investments such as barns, other storage buildings, fruit trees and vines, field terraces, drainage, irrigation, waterways, or other soil and water conservation measures?

Significant agricultural infrastructure exists (barn, irrigation system) 20 points

11. Would the project at this site, by converting farmland to nonagricultural use, reduce the support for farm support services so as to jeopardize the continued existence of these support services and thus, the viability of the farms remaining in the area?

There are no other agriculturally related activities, businesses or jobs dependent upon the working of the pre-converted site The land has not been in limited agricultural production.

Little significant reduction in demand for support services if site is converted 1 point

12. Is the kind and intensity of the proposed use of the site sufficiently incompatible with agriculture that it is likely to contribute to the eventual conversion of the surrounding farmland to nonagricultural use?

There are rural residences, adjacent to this site, that have small (1-10 acre) agricultural operations of their own. This is typical of the immediate area. The residences are tolerable of farm operations (their own and those of their neighbors). Development on this site would not contribute to the eventual conversion of the surrounding farmland to nonagricultural use

Proposed project is tolerable of existing agricultural use of surrounding farmland 2 points

Total points for Part VI of Farmland Conversion Impact Rating Form 65 points

Gregg Young, M.A. Certified Professional Agronomist May 29, 2013

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PVT 2012 Land Fee to Trust EA 2

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PVT 2012 Land Fee to Trust EA 3