(1) Lessee Not Subject to Environmental Review Process. If the environmental reviewer determines that the leasing decision by its nature would not affect the biological, natural and cultural resources of the tribe, the leasing decision is exempt from additional requirements of the environmental review process, subject to the environmental record requirements of applicable tribal environmental law.

(2) Lessee Subject to Environmental Review Process. If the environmental reviewer determines that the leasing decision might be expected to (a) impact, (b) alter, (c) disturb, or (d) otherwise cause physical disturbances to the biological, natural or cultural resources of the tribe, the lessee must fulfill the requirements of the environmental review process. The physical disturbances must be direct, such as land clearing, new building construction, or discharge of emission or effluent associated with the project. [Ord. 05-31-2018-B § 2(22.07.020), 2018.]