The Guidiville Band of Pomo Indians (the “Tribe”) has requested that the federal government take into trust 266 acres of the former Naval Fuel Depot Point Molate (“Pt. Molate”), on which the Tribe and Upstream Point Molate LLC (“Upstream”) propose to construct new facilities and improve existing facilities to develop a mixed-use tribal destination resort and casino (the “Project”). The Project site (the “Site”) is located in the City of Richmond, California, just north of the San Rafael Bridge along the shoreline of San Francisco Bay. Open space parcels bound the Site on the north and south, and the Chevron refinery to the east, with Potrero Ridge’s 480-foot hillsides separating these two sites. The Site is approximately one mile north of Interstate 580, with direct freeway access through Western Drive, a City-owned roadway to the site. An approximately 1,200-foot pier that extends into the San Francisco Bay from the central point of the Site will be used as a commuter ferry terminal for workers and visitors to the Site.
Approximately 140 acres of Pt. Molate are submerged within the San Francisco Bay and would not be taken into trust. The Site consists of lands formerly owned by the U.S. Navy. The Navy ceased operations at Pt. Molate on September 30, 1995, and in September 2003 transferred approximately 85 percent of the property to the City pursuant to the Base Realignment and Closure (BRAC) process and the City’s 1997 Point Molate Reuse Plan. The Navy and City prepared a joint EIS/EIR before transferring ownership of the Site. The remaining 15 percent of land was transferred to the City on March 25, 2010. The City entered into a land disposition agreement (the “LDA”) with Upstream in 2004 for sale of the property. The City has consented to the assignment of the LDA to the Tribe at Closing. An unexecuted Municipal Services Agreement (the “Services Agreement”) between the Tribe and the City is attached as an exhibit to the LDA. It includes terms for the provision of public services to the Site, including, for example, police, fire, sewer and water, and it establishes certain annual payments to the City. The Services Agreement is anticipated to be signed before Closing. Required mitigation measures identified in the FEIR will be incorporated into the Services Agreement so as to be enforceable against the Tribe.