§ 4-29.5-9-2 — Site improvements; compliance with federal and state law; coordination with Indiana department of environmental management

Indiana § 4-29.5-9-2

• Jurisdiction: Indiana
• Art. 29.5: TRIBAL-STATE COMPACT WITH THE
• Ch. 9: Infrastructure and Site Improvements

Text

Site Improvements. In the development and
operation of any Gaming Facility, the Band shall maintain compliance
with IGRA 2710(b)(2)(E) to ensure that the construction and
maintenance of such Gaming Facility and its operation is conducted in
a manner that adequately protects public health and safety and the
environment. With respect to all improvements on the South Bend Site,
the Band shall maintain legal standards that are at least as rigorous as
corresponding Indiana laws pertaining to such site improvements,
including but not limited to construction and safety standards for Class
1 structures in applicable model codes of the International Code
Council or the National Fire Protection Association, as adopted and
amended by the State. With respect to infrastructure and improvements
to the South Bend Site, in addition to the Band's obligation to comply
with the Band's Health And Safety Act and other Band law, the Band
shall comply with the following laws: (i) applicable federal
environmental laws and their implementing regulations, including
without limitation the Endangered Species Act, the Clean Water Act,
the Clean Air Act, and the National Indian Forest Resources
Management Act; and (ii) with regard to any State regulated wetlands,
the compensatory mitigation standards and requirements under IC 13-18-22. Prior to undertaking improvements to the South Bend Site
that may implicate the foregoing federal and Indiana environmental
laws, the Band agrees to coordinate with the Indiana Department of
Environmental Management to ensure Band compliance with such
laws.

Legislative History

As added by P.L.171-2021, SEC.1.