Ind. Code § 4-29.5-9-2

Current through P.L. 171-2024

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

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.

IC 4-29.5-9-2

Added by P.L. 171-2021,SEC. 1, eff. 4/29/2021.