Full opinion text
MEMORANDUM OPINION BERYL A. HOWELL, District Judge. The plaintiffs bring this consolidated action, under the Indian Reorganization Act, 25 U.S.C. §§ 461, et seq., the Administrative Procedure Act, 5 U.S.C. §§ 551, et seq., the Indian Gaming Regulatory Act, 25 U.S.C. §§ 2701, et seq., and the National Environmental Policy Act, 42 U.S.C. §§ 4321, et seq., to challenge the decision of the Secretary of the United States Department of the Interior to acquire a 305-acre parcel of land in Madera County, California in trust on behalf of the intervenor-defendant North Fork Ranchería of Mono Indians and the Secretary’s decision to allow gaming on the land in question. Pending before the Court are the government defendants’ Motion to Transfer Venue, ECF No. 20, and the Stand Up plaintiffs’ Motion for Preliminary Injunction, ECF No. 26.. 1. BACKGROUND This case challenges two separate but related decisions of the Secretary of the United States Department of the Interior (“the Secretary”) regarding a 305.49-acre parcel of land located in Madera County, California (“the Madera Site”). See Compl. ¶¶ 1, 31, ECF No. 1. In particular, the Madera Site is located adjacent to Route 99 in an unincorporated portion of Madera County, just outside the northwest border of the City of Madera. See Intervenor’s Opp’n to Pis.’ Mot. for Prelim. Inj. (“Intervenor’s Opp’n”) at 5, ECF No. 34; see also Pls.’ App. of Evidence (“Pls.’ App.”) Ex. 13, at 212, ECF No. 27-15. The first decision, made in September 2011 pursuant to the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. § 2719(b)(1)(A), determined that the North Fork Ranchería of Mono Indians (“the North Fork Tribe”) would be permitted to conduct gaming on the Madera Site because “a gaming establishment would 1) be in the best interest of the [North Fork] Tribe and its members; and 2) ... it would not be detrimental to the surrounding community.” Pls.’ App. Ex. 19 (“IGRA ROD”) at 281, ECF No. 27-24. This decision under the IGRA also determined that the proposed “Alternative A,” — a “gaming-resort complex” on the Madera Site that would include a 247,180 square-foot gaming and entertainment facility, a 200-room hotel, and a 4,500-space parking facility— would “best meet the purpose and need for the Proposed Action.” Id. at 281, 286, 295-97. The second decision, made over one year later, in November 2012, pursuant to the Indian Reorganization Act (“IRA”), 25 U.S.C. § 465, approved a fee-to-trust application submitted by the North Fork Tribe, whereby the United States would acquire the Madera Site, to hold it in trust for the benefit of the North Fork Tribe. See Pls.’ App. Ex. 20 (“IRA ROD”) at 378, ECF No. 27-27. The plaintiffs in this consolidated action consist of two distinct groups. The first group (“the Stand Up plaintiffs”) consists of various individual citizens and community organizations located in and around Madera, California. See Compl. ¶¶ 5-10 (No. 12-2039). The other group, the Picayune Rancheria of the Chukchansi Indians (“the Picayune Tribe”), is a federally recognized Indian Tribe located in Madera County that operates a class III gaming facility called the Chukchansi Gold Resort and Casino on its reservation lands, which are located approximately 30 miles from the Madera Site. See Compl. ¶ 5 (No. 12-2071). Although all plaintiffs challenge both of the Secretary’s decisions described above on a variety of grounds, only the Stand Up plaintiffs have moved for a preliminary injunction. See Mot. for Prelim. Inj. at 1, ECF No. 26. Summarized briefly below is the regulatory, factual, and procedural background relevant to the two motions presently pending before the Court. A. Regulatory Framework The regulatory framework that pertains to the plaintiffs’ claims is set forth in three statutes: fee-to-trust determinations are authorized under the IRA, gaming eligibility determinations are guided by the IGRA, and the development of environmental impact statements are mandated under the National Environmental Policy Act (“NEPA”). 1. The Indian Reorganization Act “The intent and purpose of the [IRA] was to rehabilitate the Indian’s economic life and to give him a chance to develop the initiative destroyed by a century of oppression and paternalism.” Mescalero Apache Tribe v. Jones, 411 U.S. 145, 152, 93 S.Ct. 1267, 36 L.Ed.2d 114 (1973) (internal quotation marks omitted). Pursuant to that purpose, the IRA provides that the Secretary “is authorized, in his discretion, to acquire ... any interest in lands, water rights, or surface rights to lands ... for the purpose of providing land for Indians.” 25 U.S.C. § 465. The statute further specifies that “[t]itle to any lands or rights acquired pursuant to this Act ... shall be taken in the name of the United States in trust for the Indian tribe or individual Indian for which the land is acquired.” Id. The IRA defines “Indian” to include, inter alia, “all persons of Indian descent who are members of any- recognized Indian tribe now under Federal jurisdiction.” Id. § 479. The Department of the Interior’s (“DOI’s”) regulations, promulgated pursuant to the IRA, state that “land may be acquired for a tribe in trust status” when, inter alia, “the Secretary determines that the acquisition of the land is necessary to facilitate tribal self-determination, economic development, or Indian housing.” 25 C.F.R. § 151.3(a)(3). In considering an application for the acquisition of off-reservation trust land, the Secretary is required by DOI regulations to consider a number of factors, including “the existence of statutory authority for the acquisition and any limitations contained in such authority,” the “need of the individual Indian or the tribe for additional land,” the “purpose for which the land will be used,” and “[t]he location of the land relative to state boundaries, and its distance from the boundaries of the tribe’s reservations.” Id. §§ 151.10-151.11. 2. Indian Gaming Regulatory Act Related to the purposes of the IRA, the IGRA was enacted “to provide a statutory basis for the operation of gaming by Indian tribes as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments.” 25 U.S.C. § 2702(1). The IGRA provides that “gaming regulated by [the IGRA] shall not be conducted on lands acquired by the Secretary in trust for the benefit of any Indian tribe after October 17, 1988.” Id. § 2719(a). This prohibition on conducting gaming on trust land acquired after 1988, however, does not apply when, inter alia, the Secretary, after consultation with the Indian tribe and appropriate State and local officials, including officials of other nearby Indian' tribes, determines that a gaming establishment on newly acquired lands would be in the best interest of the Indian tribe and its members, and would not be detrimental to the surrounding community, but only if the Governor of the State in which the gaming activity is to be conducted concurs in the Secretary’s determination[.] Id. § 2719(b)(1)(A). Relevant to this case, the DOI’s regulations define “surrounding community” to mean “local governments and nearby Indian tribes located within a 25-mile radius of the site of the proposed gaming establishment.” 25 C.F.R. § 292.2. This same definition further states that “[a] local government or nearby Indian tribe located beyond the 25-mile radius may petition for consultation if it can establish that its governmental functions, infrastructure or services will be directly, immediately and significantly impacted by the proposed gaming establishment.” Id. 3. National Environmental Policy Act A third statutory framework relevant to the Secretary’s determinations in this case is that of the NEPA. That statute requires all federal agencies to “include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible official” on a number of considerations. 42 U.S.C. § 4332(2)(C). These considerations include “the environmental impact of the proposed action,” “any adverse environmental effects which cannot be avoided should the proposal be implemented,” and “alternatives to the proposed action.” Id. This “detailed statement” is commonly known as an Environmental Impact Statement (“EIS”). See, e.g., Found. on Econ. Trends v. Heckler, 756 F.2d 143, 146 (D.C.Cir.1985). The parties appear to agree that the fee-to-trust acquisition at issue in this case qualifies as a “major Federal action” under the NEPA, and therefore the DOI was required to prepare an EIS regarding the environmental impacts of that acquisition. See Compl. ¶ 22; United States’ Response to Pls.’ Mot. for Prelim. Inj. (“Defs.’ Opp’n”) at 24-25, ECF No. 30. B. The North Fork Tribe The North Fork Tribe, which is an intervenor in this action, “consists of the modern descendants of Mono Indians using and occupying lands near and in the San Joaquin Valley for several centuries.” Pls.’ App. Ex. 23, at 467. The North Fork Tribe currently consists of approximately 1,900 citizens, many of whom live on or around an 80-acre parcel of land in Madera County (“the North Fork Ranchería”), which is held in trust by the United States for the benefit of individual members of the North Fork Tribe. See Intervenor’s Opp’n at 4; IGRA ROD at 294. The United States also holds a 61.5-acre tract of land (“the HUD tract”) in North Fork, California in trust for the benefit of the North Fork Tribe itself, which contains a community center, basic infrastructure (ie., roads, water, sewer), and pads for nine single-family homes. See IGRA ROD at 289. In 1906, Congress passed the first in a series of laws that authorized the Secretary of the Interior to purchase land in California for the benefit of individual Indians. See Act of June 21, 1906, ch. 3504, 34 Stat. 325, 333. In 1916, pursuant to these statutes, the DOI purchased what is now the North Fork Ranchería “for the use of the North Fork band of landless Indians.” See Decl. of Judy Bethel-Fink (“Bethel-Fink Decl.”) Ex. A at 1, ECF No. 33-1; Intervenor’s Opp’n at 4. In 1934, the IRA was passed. See Indian Reorganization Act, Pub.L. No. 73-383, 48 Stat. 984 (1934) (codified at 25 U.S.C. §§ 461, et seq.). One of the provisions of the IRA required the Secretary to call and hold special elections among Indian tribes on whether the tribes wanted to ratify the IRA and adopt a tribal constitution and by-laws. See 25 U.S.C. § 476(c). The IRA also contains an opt-out provision regarding these tribal elections, whereby the statute “shall not apply to any reservation wherein a majority of the adult Indians, voting at a special election duly called by the Secretary of the Interior, shall vote against its application.” Id. § 478. One of these special elections was held on the North Fork Ranchería on June 20, 1935, and four of the six adult North Fork Indians voted against the application of the IRA. See Bethel-Fink Decl. Ex. B, at 2. C. The Trust Application and Decisionmaking Process On March 1, 2005, the North Fork Tribe submitted a formal request to the Bureau of Indian Affairs (“BIA”) to acquire the Madera Site in trust for “the development and operation of a gaming resort and hotel.” See Intervenor’s Opp’n Ex. H at 1, ECF No. 34-4. Several months before this formal request was submitted, the BIA published a notice in the Federal Register announcing its intent to prepare an EIS for the North Fork Tribe’s proposed trust acquisition of the Madera Site. See Notice of Intent to Prepare an Environmental Impact Statement for the North Fork Rancheria’s Proposed Trust Acquisition, 69 Fed. Reg. 62,721 (Oct. 27, 2004). This notice provided the opportunity for public comment “on the scope and implementation of this proposal” until November 26, 2004. See id. This “scoping” comment period was later extended until May 6, 2005. See 70 Fed. Reg. 17,461 (Apr. 6, 2005). In February 2008, the DOI distributed a Draft Environmental Impact Statement (“DEIS”) regarding the proposed acquisition of the Madera Site “to Federal, tribal, state, and local agencies and other interested parties for a 45-day review and comment period.” IGRA ROD at 288; see also Draft Environmental Impact Statement for the North Fork Rancheria’s Proposed 305 Acre Trust Acquisition, 73 Fed. Reg. 8898 (Feb. 15, 2008) (providing notice that “[wjritten comments on the scope and implementation of this proposal must arrive by March 31, 2008”). During the public comment period, the BIA received a total of 331 comment letters, and the BIA also conducted a public hearing on March 12, 2008, at which 101 individuals spoke. See IGRA ROD at 288; Defs.’ Ex. J at 7-10, ECF No. 30-10 (listing commenters at public hearing). Following the public comment period on the DEIS, on August 6, 2010, the BIA published a notice in thé Federal Register announcing its intent to submit a Final Environmental Impact Statement (“FEIS”) to the Environmental Protection Agency (“EPA”). See Final Environmental Impact Statement for the North Fork Rancheria’s Proposed 305-Acre Trust Acquisition, 75 Fed. Reg. 47,621 (Aug. 6, 2010). This notice also provided 30 days within which to comment on the- FEIS and stated that the FEIS was publicly available in a number of locations, including online. See id. at 47,621-22. On September 1, 2011, after the FEIS had been published, the then Assistant Secretary of Indian Affairs, Larry Echo Hawk, issued a Record of Decision (“ROD”) under the IGRA, which concluded that “Alternative A,” which was the alternative that involved a large gaming/hotel complex on the Madera Site, was the “Preferred Alternative.” IGRA ROD at 281. This alternative was chosen from among five alternatives because it “will best meet the purpose and need for the Proposed Action, in promoting the long-term economic self-sufficiency, self-determination and self-government of the [North Fork] Tribe.” Id. In reaching this conclusion, the Secretary also concluded that, under 25 C.F.R. Part 292, Alternative A was “in the best interest of the [North Fork] Tribe and its citizens,” and “would not result in detrimental impact on the surrounding community.” Id. at 368-70. The Secretary’s conclusions in the ROD were supported by an analysis of the alternative actions; consideration of the factors laid out in 25 C.F.R. Part 292, which the Secretary is required to consider (e.g., economic impacts of development, impacts on the surrounding community, historical connection to the land); and the mitigation measures that would be taken to lessen any potential negative impacts on the surrounding community and others outside that community. See id. at 289-372. Generally, the ROD also stated that the Secretary’s decision was based on, inter alia, “thorough review and consideration of the [North Fork] Tribe’s fee-to-trust application and material submitted pursuant to the IGRA ... the DEIS; the FEIS; the administrative record; and comments received from the public, Federal, state, and local governmental agencies; and potentially affected Indian tribes.” Id. at 282. On November 26, 2012, the current Assistant Secretary for Indian Affairs, Kevin Washburn, issued an ROD under the IRA, approving the North Fork Tribe’s fee-to-trust application for “Alternative A” on the Madera Site. See IRA ROD at 377. This ROD announced that “the action to be implemented is [Alternative A], which includes acquisition in trust of the 305.49-acre Madera site and construction of a gaming-resort complex including a 247,180 square foot casino facility, 200-room hotel, surface and structured parking facilities, and corresponding mitigation measures.” Id. Similarly to the decision made under the IGRA, the IRA ROD “determined that this Preferred Alternative will best meet the purpose and need for the Proposed Action by promoting the long-term economic self-sufficiency, self-determination and self-governance of the [North Fork] Tribe.” Id. Likewise, this second ROD analyzed alternative actions; environmental impacts and public comments; and mitigation measures to be taken. See id. at 386-435. The ROD also summarized the Secretary’s consideration of the factors outlined in 25 C.F.R. Part 151, including an analysis of the- Secretary’s authority for the acquisition under 25 U.S.C. § 465. See id. at 435-43. Following these Records of Decision, defendant Assistant Secretary Washburn announced his decision to acquire the Madera Site by publishing a notice in the Federal Register on December 3, 2012. See Land Acquisitions; North Fork Rancheria of Mono Indians of California, 77 Fed. Reg. 71,611 (Dec. 3, 2012). The notice 'stated that it was being published, inter alia, “to comply with the- requirements of 25 C.F.R. § 151.12(b) that notice be given of the Secretary’s decision to acquire land in trust at least 30 days prior to signatory acceptance of the land into trust.” Id. As stated in the BIA’s Federal Register notice implementing 25 C.F.R. § 151.12(b), the 30-day waiting period “procedure permits judicial review before transfer of title to the United States” because “[t]he Quiet Title Act (QTA), 28 U.S.C. [§ ] 2409a, precludes judicial review after the United States acquires title.” See Final Rule; Land Acquisitions, 61 Fed. Reg. 18,082 (Apr. 24, 1996) (to be codified at 25 C.F.R. pt. 151). In keeping with the reasoning and purpose underlying 25 C.F.R. § 151.12(b), the DOI has traditionally imposed a self-stay beyond the 30 days set forth in 25 C.F.R. § 151.12(b) for fee-to-trust transfers until any challenges have been resolved on the merits. See Bureau of Indian Affairs, Fee-To-Trust Handbook, Version II (“BIA Handbook”) at 15 (July 13, 2011), available at http://www. bia.gov/cs/groups/xraca/documents/text/ idc-002543.pdf (“If an action is filed, take, no further action [on the fee-to-trust transfer] until the judicial review process has been exhausted.”). On December 19, 2012, within the 30-day window, the Stand Up plaintiffs filed their Complaint in the instant action. See ECF No. 1. The day before the Complaint was filed, however, government counsel notified the plaintiffs’ counsel that the BIA would no longer be following its self-stay procedure because a recent Supreme Court case, Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, - U.S. -, 132 S.Ct. 2199, 183 L.Ed.2d 211 (2012), held that the Quiet Title Act (“QTA”) no longer bars challenges to fee-to-trust acquisitions after transfer of title has already taken place. See Mot. for Expedited Status Conference (“Pls.’ Emergency Mot.”) Ex. 1, ECF No. 11-1. The government agreed to stay the transfer of the Madera Site until February 1, 2013, and also agreed to a briefing schedule for a motion for preliminary injunction to give the plaintiffs an opportunity to seek relief from the transfer before it takes place. See Joint Status Report at 3, 8-9, ECF No. 14. Pursuant to the jointly agreed upon briefing schedule, the government defendants filed a motion to transfer venue on January 4, 2013, see ECF No. 20, and the Stand Up plaintiffs filed a motion for preliminary injunction on January 11, 2013, see ECF No. 26. The Court heard oral argument on these motions at a hearing on January 25, 2013. II. LEGAL STANDARDS A. Preliminary Injunction “The purpose of a preliminary injunction is merely to preserve the relative positions of the parties until a trial on the merits can be held.” Univ. of Tex. v. Camenisch, 451 U.S. 390, 395, 101 S.Ct. 1830, 68 L.Ed.2d 175 (1981). It is “an extraordinary and drastic remedy” and “should not be granted unless the movant, by a clear showing, carries the burden of persuasion.” Mazurek v. Armstrong, 520 U.S. 968, 972, 117 S.Ct. 1865, 138 L.Ed.2d 162 (1997) (emphasis and internal quotation mark omitted). Plaintiffs seeking a preliminary injunction must establish that (1) they are likely to succeed on the merits of their claims; (2) they are likely to suffer irreparable harm in the absence of preliminary relief; (3) the balance of equities tips in their favor; and (4) an injunction is in the public interest. Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008); accord Gordon v. Holder, 632 F.3d 722, 724 (D.C.Cir.2011). Historically, these four factors have been evaluated on a “sliding scale” in this Circuit, such that “[i]f the movant makes an unusually strong showing on one of the factors, then it does not necessarily have to make as strong a showing on another factor.” Davis v. Pension Benefit Guar. Corp., 571 F.3d 1288, 1291-92 (D.C.Cir.2009). Recently, however, the continued viability of that approach has been called into some doubt, as the Supreme Court and the D.C. Circuit have strongly suggested, without holding, that a likelihood of success on the merits is an independent, free-standing requirement for a preliminary injunction. See Munaf v. Geren, 553 U.S. 674, 690, 128 S.Ct. 2207, 171 L.Ed.2d 1 (2008) (“[A] party seeking a preliminary injunction must demonstrate, among other things, a likelihood of success on the merits.” (internal quotation marks omitted)); Sherley v. Sebelius, 644 F.3d 388, 393 (D.C.Cir.2011) (“[W]e read Winter at least to suggest if not to hold that a likelihood of success is an independent, free-standing requirement for a preliminary injunction.” (internal quotation marks omitted)); see also Davis, 571 F.3d at 1296 (Kavanaugh, J., concurring) (“Munaf made clear that a likelihood of success is an independent, free-standing requirement for a preliminary injunction.”). The D.C. Circuit has nevertheless, despite its strongly suggestive dicta, explicitly abstained from deciding this question. See Sherley, 644 F.3d at 393 (observing that “[w]e need not wade into this circuit split today”). Thus, absent binding authority or clear guidance, the Court finds that the most prudent course is to bypass this unresolved issue and proceed to explain why a preliminary injunction is not appropriate under the “sliding scale” framework. If the plaintiffs cannot meet the less demanding “sliding scale” standard, then a fortiori they cannot satisfy the more stringent standard alluded to by the Supreme Court and the Court of Appeals. That being said, in meeting the requisite burden for injunctive relief, “[i]t is particularly important for the movant to demonstrate a likelihood of success on the merits.” Konarski v. Donovan, 763 F.Supp.2d 128, 132 (D.D.C.2011); see also Greater New Orleans Fair Hous. Action Ctr. v. U.S. Dep’t of Hous. & Urban Dev., 639 F.3d 1078, 1083 (D.C.Cir.2011) (“In ruling on a preliminary injunction a key issue — often the dispositive one — is whether the movant has shown a substantial likelihood of success on the merits.”). Indeed, absent a “substantial indication of probable success, there would be no justification for the court’s intrusion into the ordinary processes of administration and judicial review.” Wash. Metro. Area Transit Comm’n v. Holiday Tours, Inc., 559 F.2d 841, 843 (D.C.Cir.1977) (quoting Va. Petroleum Jobbers Ass’n v. Fed. Power Comm’n, 259 F.2d 921, 925 (D.C.Cir.1958)). Assessing the likelihood of success on the merits “does not involve a final determination of the merits, but rather the exercise of sound judicial discretion on the need for interim relief.” Nat’l Org. for Women v. Soc. Sec. Admin., 736 F.2d 727, 733 (D.C.Cir.1984) (internal quotation marks omitted). “As an extraordinary remedy, courts should grant such relief sparingly.” Konarski, 763 F.Supp.2d at 133 (citing Mazurek, 520 U.S. at 972, 117 S.Ct. 1865). B. Review of Agency Action Under the Administrative Procedure Act (“APA”), a reviewing court shall “hold unlawful and set aside agency action, findings, and conclusions found to be ... arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706(2)(A). “This is a ‘deferential standard’ that ‘presumes the validity of agency action.’ ” WorldCom, Inc. v. FCC, 238 F.3d 449, 457 (D.C.Cir.2001) (quoting Sw. Bell Tel. Co. v. FCC, 168 F.3d 1344, 1352 (D.C.Cir.1999)). “Although the ‘scope of review under the arbitrary and capricious standard is narrow and a court is not to substitute its judgment for that of the agency,’ ” the Court “must nonetheless be sure the [agency] has ‘examined the relevant data and articulated a satisfactory explanation for its action including a rational connection between the facts found and the choice made.” Chamber of Commerce of U.S. v. SEC, 412 F.3d 133, 140 (D.C.Cir.2005) (internal quotation marks omitted) (quoting Motor Vehicle Mfrs. Ass’n v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43, 103 S.Ct. 2856, 77 L.Ed.2d 443 (1983)). In determining whether the agency’s action was arbitrary and capricious, the Court must determine whether the agency action was a “product of reasoned decisionmaking” or whether the agency “failed to consider an important aspect of the problem, offered an explanation for its decision that runs counter to the evidence before the agency, or is so implausible that it could not be ascribed to a difference in view or the product of agency expertise.” State Farm, 463 U.S. at 43, 52, 103 S.Ct. 2856. “The ‘arbitrary and capricious’ standard is particularly deferential in matters implicating predictive judgments....” Rural Cellular Ass’n v. FCC, 588 F.3d 1095, 1105 (D.C.Cir.2009). “In circumstances involving agency predictions of uncertain future events, complete factual support in the record for the [agencyj’s judgment or prediction is not .possible or required since a forecast of the direction in which future public interest lies necessarily involves deductions based on the expert knowledge of the agency.” Id. (internal quotation marks omitted); see also AT & T v. FCC, 832 F.2d 1285, 1291 (D.C.Cir.1987) (“When ... ‘an agency is obliged to make policy judgments where no factual certainties exist or where facts alone do not provide the answer,’ [the Court’s] role is more limited; we require only that the agency ‘so state and go on to identify the considerations it found persuasive.’ ” (quoting Nat’l Ass’n of Regulatory Util. Commis. v. FCC, 737 F.2d 1095, 1140 (D.C.Cir.1984))). C. Venue Transfer A case may be transferred to' another venue “[f]or the convenience of parties and witnesses, in the interest of justice.” 28 U.S.C. § 1404(a). “The decision whether or not to transfer the case to another judicial district pursuant to 28 U.S.C. § 1404(a) is discretionary.” In re DRC, Inc., 358 Fed.Appx. 193, 194 (D.C.Cir.2009). “A transfer in derogation of proper venue in the District of Columbia must be justified by particular circumstances that render the forum inappropriate by reference to considerations specified in the statute.” Id. In deciding a motion to transfer venue under § 1404(a), a court must first determine whether the transferee district is one where the action “might have been brought,” see 28 U.S.C. § 1404(a); Van Dusen v. Barrack, 376 U.S. 612, 616, 84 S.Ct. 805, 11 L.Ed.2d 945 (1964), and then the statute directs the court to evaluate “the convenience of parties and witnesses” and whether the transfer would be “in the interest of justice,” 28 U.S.C. § 1404(a). The broad “interest of justice” language in § 1404(a) “is intended to place discretion in the district court to adjudicate motions for transfer according to an ‘individualized, case-by-case consideration of convenience and fairness.’ ” Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22, 29, 108 S.Ct. 2239, 101 L.Ed.2d 22 (1988) (quoting Van Dusen, 376 U.S. at 622, 84 S.Ct. 805). Therefore, the statute “calls on the district court to weigh in the balance a number of case-specific factors” in a manner that is “flexible and individualized.” Id. III. DISCUSSION The Court will begin by discussing the government defendants’ motion to transfer venue before proceeding to discuss whether the Stand Up plaintiffs have made a sufficient showing to warrant the grant of preliminary injunctive relief. A. Motion to Transfer Venue As discussed above, the first requirement for a transfer of venue is that the action “might have been brought” in the transferee venue. See 28 U.S.C. § 1404(a). For venue purposes, a civil action may be brought, inter alia, in “a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated.” 28 U.S.C. § 1391(b)(2). Neither the plaintiffs nor the intervenor-defendant North Fork Tribe, all of whom oppose the motion to transfer, contest that this case “might have been brought” in the Eastern District of California. This action “might have been brought” in the Eastern District of California both because the land in question, i.e., the “property that is the subject of the action,” is located in that district, and also because “a substantial part of the events or omissions giving rise to the claim occurred” in that district, such as the public hearings underlying the fee-to-trust decision and the assessments made regarding the local environmental impacts of the development. See id. As to whether transfer would be “in the interest of justice,” prior cases have traditionally established a list of private and public interests factors for courts to weigh. See, e.g., Foote v. Chu, 858 F.Supp.2d 116, 121-23 (D.D.C.2012). Not all of these factors are statutory, however; rather, they are intended to elucidate the concerns implied by the phrase “in the interest of justice.” See Stewart Organization, 487 U.S. at 29, 108 S.Ct. 2239. In evaluating “the interest of justice,” the Court is mindful of the Supreme Court’s statement that analyses of venue transfer under § 1404(a) are to be done on an individualized, case-by-case basis. See id. With that flexible standard in mind, the Court notes that the instant case does involve a significant amount of local interest in the use of the Madera Site. Indeed, this local interest is what the government defendants rely heavily, if not exclusively, upon in advocating for a transfer of venue. See Fed. Defs.’ Opposed Mot. to Transfer Venue & Mem. in Supp. (“Defs.’ Transfer Mem.”) at 8-12, ECF No. 20. In this regard, the Court is mindful of the oft-cited “local interest in having localized controversies decided at home.” See, e.g., MBI Grp., Inc. v. Credit Fonder Du Cameroun, 616 F.3d 568, 576 (D.C.Cir.2010) (internal quotation marks omitted). The instant ease, however, is not a purely “localized controversy,” and, more importantly, considerations of fairness embedded in the “interest of justice” compel the conclusion that this case must remain in this forum. First, although this case does implicate the use of land in the localized area of Madera County, there should be no mistake that this is not a land dispute. Indeed, the Supreme Court has recently made clear that a challenge to a DOI fee-to-trust acquisition by a party with no competing interest in the land is “a garden-variety APA claim.” Patchak, 132 S.Ct. at 2208. The controversy in this case also has national implications regarding the scope of the Secretary’s authority to make such acquisitions and the standards by which such acquisition decisions should be judged. See, e.g., Wilderness Soc’y v. Babbitt, 104 F.Supp.2d 10, 17 (D.D.C.2000) (denying venue transfer where agency action was “a decision of national significance”); see also Pls.’ Transfer Opp’n at 10 (noting that “[tjhis case involves similar national issues regarding the authority of the Secretary to take land into trust”). Finally, the Court notes that the weight given to the local interest in having localized controversies decided at home is diminished in this case because the local interests most vocally opposed to the trust transfer (the plaintiffs) as well as the local. interest most interested in seeing the transfer upheld (the North Fork Tribe) are all opposed to transfer. See generally Pls.’ Transfer Opp’n; Proposed Intervenor-Def.’s Response to Fed. Defs.’ Mot. to Transfer Venue, ECF No. 23; Pl. Picayune Tribe’s Mem. in Opp’n to Mot. to Transfer Venue, ECF No. 24. Of overarching importance in this particular case, however, is the unfairness that would inure to the plaintiffs if this case were transferred. This case is distinguishable from the mine run of cases because the government .defendants in this case have made clear that they will transfer the Madera Site into trust on February 1, 2013 regardless of whether any court has yet made a ruling on whether the plaintiffs are entitled to preliminary injunctive relief. See, e.g., Joint Status Report at 3. As a result of the government defendants’ position, and due to the congested docket in the Eastern District of California, transferring this case to the Eastern District of California would essentially deprive the plaintiffs of any opportunity to have their preliminary injunction motion decided before the transfer of land is consummated. Fairness and the “interest of justice” therefore dictate that the Court deny the government defendants’ motion to transfer. See 28 U.S.C. § 1404(a). B. Likelihood of Success on the Merits Having decided that this case will remain in this forum, the Court will now analyze the parties’ arguments for and against the preliminary injunctive relief sought by the Stand Up plaintiffs. One of the most essential considerations for purposes of preliminary injunctive relief is whether the Stand Up plaintiffs are likely to succeed on the merits of their claims. See, e.g., Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal, 546 U.S. 418, 428, 126 S.Ct. 1211, 163 L.Ed.2d 1017 (2006) (acknowledging “the well-established principle that the party seeking pretrial relief bears the burden of demonstrating a likelihood of success on the merits”). The Stand Up plaintiffs raise numerous claims under the Administrative Procedure Act (“APA”), the IRA, the IGRA, and the NEPA, but for the reasons discussed below the Court concludes that the plaintiffs have not demonstrated a likelihood of success on the merits of any of these claims. 1. The Secretary’s Authority to Acquire the Madera Site The first and most formidable claim raised by the Stand Up plaintiffs in support of preliminary injunctive relief is that “the Secretary failed to assemble, develop, or consider a full record in making [his] finding that the Tribe was recognized and under federal jurisdiction in 1934.” Mem. of P. & A. in Supp. of Mot. for Prelim. Inj. (“Pls.’ Mem.”) at 17, ECF Nos. 26-1 through 26-3. This argument goes to the question of whether the Secretary properly considered his statutory authority to acquire the Madera Site under the IRA. The plaintiffs argue both that the North Fork people do not qualify as “Indians” under the IRA and also that, even if the North Fork Tribe does qualify under the IRA, the Secretary’s conclusion in this regard was not supported by the record and, thus, was arbitrary and capricious. See id. at 17-21. As discussed above, the regulations promulgated by the DOI pursuant to the IRA require that, in considering requests for the acquisition of land into trust status, the Secretary must consider “[t]he existence of statutory authority for the acquisition and any limitations contained in such authority.” 25 C.F.R. § 151.10(a); see also id. § 151.11(a) (requiring same consideration for off-reservation acquisitions). That authority, for purposes of the instant action, is located at 25 U.S.C. § 465, which states that “[t]he Secretary of the Interior is authorized, in his discretion, to acquire ... any interest in lands ... for the purpose of providing land for Indians.” The plain text of the statute limits the Secretary to acquiring land only “for Indians,” and the IRA defines “Indian” as, inter alia, “all persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction.” Id. § 479. This same definition further states that “[t]he term ‘tribe’ wherever used in this Act shall be construed to refer to any Indian tribe, organized band, pueblo, or the Indians residing on one reservation.” Id. The Supreme Court has held that “the word ‘now' in § 479 limits the definition of ‘Indian,’ and therefore limits the exercise of the Secretary’s trust authority under § 465 to those members of tribes that were under federal jurisdiction at the time the IRA was enacted,” i.e., June 18, 1934. Carcieri v. Salazar, 555 U.S. 379, 391, 129 S.Ct. 1058, 172 L.Ed.2d 791 (2009). Although the Supreme Court’s Carcieri decision clarified the temporal requirement that the Secretary may only acquire lands into trust for the benefit of Indians who are members of tribes that were “under Federal jurisdiction” in 1934, Carcieri also left several relevant questions unanswered. The first and most pressing question left open by Carcieri is what it means to have been “under Federal jurisdiction” in 1934. Justice Breyer’s concurring opinion in Carcieri stated that “under Federal jurisdiction” implied a certain government-to-government relationship with a tribe that could be evidenced by “a treaty with the United States (in effect in 1934), a (pre-1934) congressional appropriation, or enrollment (as of 1934) with the [Bureau of Indian Affairs].” Id. at 399, 129 S.Ct. 1058 (Breyer, J., concurring). The leading treatise on Indian law has similarly observed that any tribe subject to federal plenary power over Indian affairs could be considered “under Federal jurisdiction,” especially if the federal government has at any time taken some action, such as treaty negotiations* provision of federal benefits, inclusion in a BIA census, or forcible relocation, that reflects and acknowledges federal power and responsibility toward the tribe. Cohen’s Handbook of Federal Indian Law § 3.02 (2012). In concluding that he had authority to acquire the Madera Site in trust for the North Fork Tribe, the Secretary relied primarily on the fact that “a majority of the adult Indians residing at the [North Fork] Tribe’s Reservation voted to reject the IRA at a special election duly held by the Secretary on June 10, 1935.” IRA ROD at 437. From this, the Secretary reasoned that “[t]he calling óf a Section 18 election at the [North Fork] Tribe’s Reservation conclusively establishes that the Tribe was under Federal jurisdiction for Carcieri purposes.” Id. The plaintiffs contend that the Secretary’s analysis of his statutory authority was “[c]onclusory” and his “reliance on this sole factor was improper, given the BIA’s prior recognition of the complexity of this determination, and given the Secretary’s failure to consider and address the countervailing evidence before him.” Pis.’ Mem. at 17. In support of this contention, the plaintiffs cite to a 2011 document submitted by the BIA in response to questions from a congressional committee regarding which federally recognized tribes were under federal jurisdiction in 1934. See id. at 18. In that response, the BIA stated that “[w]hether a tribe was under federal jurisdiction [in 1934]- requires a fact-intensive analysis of the history of interactions between that tribe and the United States.” Pls.’ App. Ex. 24, at 520, ECF No. 27-33. The plaintiffs’ argument is unlikely to succeed on the merits, however, because it was rational for the Secretary to conclude that the North Fork Tribe was “under Federal jurisdiction” based solely on the 1935 IRA election and also because other evidence considered by the Secretary conclusively establishes that the North Fork Tribe was “under Federal jurisdiction” in 1934. First, the Secretary’s conclusion that he had the authority to acquire land for the North Fork Tribe, based solely on the IRA election, was rational because the text of the IRA establishes that the only people eligible to vote in such elections were “adult Indians.” See 25 U.S.C. § 478 (“This Act shall not apply to any reservation wherein a majority of the adult Indians, voting at a special election duly called by the Secretary of the Interior, shall vote against its application.”); see also id. § 476 (requiring Secretary to call “a special election” at which “adult members” of “[a]ny Indian tribe” were to vote regarding “the right to organize for [the tribe’s] common welfare”). As discussed previously, the word “Indian” is a term of art in the IRA, and therefore it was perfectly reasonable for the Secretary to conclude that any persons voting in an IRA election were “adult Indians,” i.e., adult “members of [a] recognized Indian tribe now under Federal jurisdiction.” See id. § 479. Even more persuasive, however, is another fact that the Secretary considered in his IRA ROD, which is that “[t]he North Fork Ranchería was originally established by purchase under the authority of the Interior’s Appropriations Act of June 30, 1913.” IRA ROD at 437. As discussed previously, that purchase took place in 1916 — well before the IRA was passed. See supra Part I.B (discussing history of North Fork Tribe). This purchase of land is important, and likely dispositive in its own right, regarding whether the North Fork Tribe was “under Federal jurisdiction” in 1934. Historical DOI documents submitted in this case show that the 1916 purchase was made “for the use of the North Fork band of landless Indians.” See Bethel-Fink Decl. Ex. A at 1. This document demonstrates two things. First, it demonstrates a clear jurisdictional relationship between the North Fork Tribe and the federal government prior to 1934. See, e.g., Carcieri, 555 U.S. at 399, 129 S.Ct. 1058 (Breyer, J., concurring) (stating that “a (pre-1934) congressional appropriation” would likely establish federal jurisdiction); Cohen’s Handbook of Federal Indian Law § 3.02 (concluding that, inter alia, “provision of federal benefits” would establish federal jurisdiction within the meaning of the IRA). Second, this document establishes that the 1916 acquisition was for members of the North Fork Tribe because the acquisition was for “landless Indians” of “the North Fork band,” which clearly falls within the IRA’s expansive definition of “tribe.” See 25 U.S.C. § 479 (defining “tribe” as “any Indian tribe, organized band, pueblo, or the Indians residing on one reservation”). Although the IRA ROD states that “none of the lands within the exterior boundaries of the North Fork Rancheria are owned by, or held in trust for, the Tribe,” IRA ROD at 391-92, this fact is largely irrelevant in determining whether the North Fork people are “Indians” within the meaning of § 479. As stated previously, the broad definition of “tribe” in § 479 indicates that a formal tribal government is not necessary to be considered a “tribe” for purposes of the IRA. See 25 U.S.C. § 479. The fact that the North Fork people were, at least as early as 1916, an organized band of individual Indians is sufficient to conclude that the North Fork people were a “tribe” under the IRA. As a result, the 1916 purchase of land in trust for the “North Fork band of landless Indians” establishes that the North Fork people are “Indians” within the meaning of the IRA, and were treated as such in the special election in 1935. Therefore, the Secretary logically concluded that the North Fork Tribe was “under Federal jurisdiction” in 1934. The fact that the Secretary did not cite the 1916 purchase specifically within the section analyzing his statutory authority is unlikely to undercut this conclusion because the fact of the 1916 purchase was clearly considered in the IRA ROD, see IRA ROD at 437, and a court’s “task is. to enforce a standard of agency reasonableness, not perfection.” Nw. Airlines, Inc. v. U.S. Dep’t of Transp., 15 F.3d 1112, 1119 (D.C.Cir.1994). Two other interrelated questions.left unanswered from Careieri, which are relevant to the soundness of the Secretary’s decision in this case, are (1) what the meaning of “recognized Indian tribe” is; and (2) whether a tribe must have been “recognized” in 1934 to be eligible for trust land. As to the first question, the Secretary has already formally discussed the interpretation of the term “recognized Indian tribe” in a previous fee-to-trust decision that was cited by the North Fork Tribe in the instant case. See Intervenor’s Opp’n at 9 nn. 4-5. In that ROD, which was issued in December 2010 with respect to a trust acquisition for the Cowlitz Indian Tribe, the Secretary noted two possible meanings of the word “recognized.” See BIA, Record of Decision, Trust Acquisition of, and Reservation Proclamation for the 151.87-acre Cowlitz Parcel in Clark County, Washington, for the Cowlitz Indian Tribe (“Cowlitz ROD”) at 87, available at http://www.bia.gov/cs/groups/mywcsp/ doeuments/text/idc012719.pdf (Dec. 17, 2010). The word “recognized” could be used in the “ ‘cognitive’ or quasi-anthropological sense,” which means that “ ‘federal officials simply knew or realized that an Indian tribe existed.” See id. (internal quotation marks omitted) (quoting William W. Quinn, Federal Acknowledgement of American Indian Tribes: The Historical Development of a Legal Concept, 34 Am. J. Legal Hist. 331, 333 (1990)). It could also be used “in a more formal or ‘jurisdictional’ sense to connote that a tribe is a governmental entity comprised of Indians and that the entity has a unique relationship with the United States.” Id. In evaluating the legislative history of the IRA, the Secretary observed that “[t]he members of the Senate Committee on Indian Affairs debating the IRA appeared to use the term ‘recognized Indian tribe’ in the cognitive or quasi-anthropologieal sense.” Id. at 88. In the Cowlitz ROD, the Secretary ultimately determined that he “need not reach the question of the precise meaning of ‘recognized Indian tribe’ as used in the IRA” because the Cowlitz Tribe was “recognized” in both the cognitive and jurisdictional senses of the word. See id. 88-89. Nevertheless, this discussion is instructive to the Court in interpreting the phrase “recognized Indian tribe.” The Court agrees with the Secretary’s interpretation of the legislative history of the IRA, and the Court also observes that using the phrase “recognized Indian tribe” in a jurisdictional sense would be redundant because the statute further modifies “recognized Indian tribe” by the phrase “now under Federal jurisdiction.” See 25 U.S.C. § 479. It is true that the federal government established rigorous, formal criteria for being a federally recognized Indian tribe.in the 1970s, see 25 C.F.R. § 83.7, but as the Secretary noted in the Cowlitz ROD: “There would have been little need to insert an undefined and ambiguous phrase such as ‘under federal jurisdiction,’ if the IRA had incorporated the rigorous, modern definition of federally recognized Indian tribe.” Cowlitz ROD at 88. The Secretary’s thorough and validly reasoned interpretive discussion of this ambiguous statutory term is entitled to “respect” even “if lacking power to control” because it manifests a “a body of experience and informed judgment to which courts and litigants may properly resort for guidance.” See Skidmore v. Swift & Co., 323 U.S. 134, 140, 65 S.Ct. 161, 89 L.Ed. 124 (1944). Thus, both based on the Secretary’s interpretive discussion and the Court’s own reading of the statutory language, the Court concludes that the phrase “recognized Indian tribe” in the IRA refers to recognition in the cognitive or quasi-anthropological sense. In so concluding, the Court need not decide in this particular case the second question left open by Carcieri: whether an Indian tribe is required to have been “recognized” prior to 1934 in order to be eligible to receive trust land under the IRA. This is because the North Fork Tribe was clearly “recognized” in the cognitive sense of the word both before and after 1934, as evidenced by the 1916 trust acquisition of the North Fork Ranchería and the IRA election previously discussed. In sum, then, the Secretary’s conclusion that he is “authorized to acquire land in trust for the [North Fork] Tribe under Section 5 of the IRA,” IRA ROD at 437, was supported by substantial evidence, which the Secretary considered during his decision-making process. Therefore, the plaintiffs are unlikely to succeed on the merits of their claim that the Secretary’s decision in this regard was either unsupported or arbitrary and capricious. 2. The Secretary’s Failure to Send the “Entire Application Record” The Court now turns to the plaintiffs’ procedural claim under the APA. The plaintiffs argue that “[t]he Secretary did not follow his own procedures (mandated by his own regulations) in failing to send the California Governor a copy of the entire record when requesting the Governor’s concurrence in the Secretary’s two-part decision.” Pls.’ Mem. at 21. Under the regulations promulgated by DOI pursuant to the IGRA, “[i]f the Secretary makes a favorable Secretarial Determination,” the Secretary must send to the governor of the state where the gaming will occur, inter alia, “[a] copy of the entire application record.” 25 C.F.R. § 292.22. Based on this language, the plaintiffs complain that the Secretary sent the Governor Concurrence Request “almost a year before the Fee-to-Trust ROD was issued,” and thus the concurrence request did not include the Secretary’s conclusions regarding acquisition of the Madera Site. See Pls.’ Mem. at 22. In support of their contention that “entire application record” includes the Secretary’s IRA decision, the plaintiffs point to a statement made by the DOI when it promulgated the current IGRA regulations in 2008. See Pls.’ Reply in Supp. of Mot. for Prelim. Inj. (“Pls.’ Reply”) at 12, ECF No. 36. As the agency’s Federal Register notice stated, during the notice-and-comment period “[o]ne comment observed that, throughout the regulations, ‘application’ is used to refer both to the tribe’s initial written request and to the subsequent application package developed by the BIA Regional Office for submission to the Secretary, creating confusion.” Gaming on Trust Lands Acquired After Oct. 17, 1988, 73 Fed. Reg. 29,354, 29,368 (May 20, 2008). The agency responded that “[i]n consideration of the comment, changes were made throughout the regulations accordingly.” Id. The plaintiffs’ argument on this point falls short for two reasons. First, the evidence cited by the plaintiffs from the 2008 rulemaking record do not establish what the plaintiffs contend. The comment and agency response were with respect to a different section of the regulations, 25 C.F.R. § 292.16, than the one requiring the “entire application record” to be sent to the concurring governor, 25 C.F.R. § 292.22. Furthermore, just because the agency made certain unspecified changes “throughout the regulations accordingly” does not even come close to establishing that the term “entire application record” was intended to include the Secretary’s IRA ROD. More likely, this language referenced the fact that the DOI removed the phrases “application package” and “complete application record” from the regulations to avoid the confusion noted by the comment and amended the language of 25 C.F.R. § 292.16 to refer unambiguously to “[a] tribe’s application requesting a Secretarial Determination under § 292.13.” Compare 65 Fed. Reg. 55,471, 55,475-76 (Sept. 14, 2000) (Proposed Rule), with 73 Fed. Reg. at 29,378 (Final Rule). None of this has anything to do with the Secretary’s concurrence request under 25 C.F.R. § 292.22. More fundamentally, the plaintiffs’ argument misunderstands the simple fact that, in a case like this one, the Secretary’s decision under the IGRA must logically be finalized before the Secretary’s decision under the IRA can be made. Permitting gaming on trust land would be essential to the Secretary’s conclusion under the IRA that the acquisition meets the criteria listed in 25 C.F.R. Part 151, such as “[t]he need of the individual Indian or the tribe for additional land,” and “[t]he purposes for which the land will be used.” See 25 C.F.R. § 151.10. Similarly, the governor’s concurrence .is plainly required before gaming on trust land can be permitted. See 25 U.S.C. § 2719(b)(1)(A). Therefore, in this case, approving a trust acquisition under the IRA prior to the governor’s concurrence would have been putting the proverbial cart before the horse: The Secretary would not yet have known whether gaming would be permitted and thus would have had no basis to ascertain whether the basic criteria for approving a trust acquisition had been met. See Intervenor’s Opp’n at 14-15 & n. 18 (explaining why Secretary must “seek the Governor’s concurrence” and “only then ... make the final determination to take the land into trust”); see also Sokaogon Chippewa Comm’y (Mole Lake Band of Lake Superior Chippewa) v. Babbitt, 929 F.Supp. 1165, 1170 (W.D.Wis.1996) (“Even if the secretary finds that the proposed off-reservation gaming establishment [meets the requirements of the two-part determination] and the governor concurs in that determination, the secretary must decide whether to exercise his discretion to acquire the land in trust....”). Hence, the plaintiffs are unlikely to succeed on the merits of their argument regarding the Secretary’s purported procedural error regarding the “entire application record.” 3. The Secretary’s Consideration of Impacts on the Surrounding Community The plaintiffs also contend that the Secretary’s determination under the IGRA, that permitting gaming on the Madera Site would not be detrimental to the surrounding community, was arbitrary and capricious because it failed to consider comments regarding a number of detrimental impacts, including: (1) “the destructive and ruinous impacts on families, employers, and community social services caused by gambling,” (2) “increases in prostitution and other crimes,” (3) “environmental and economic impacts on Fresno, Mariposa, Merced and Madera Counties,” (4) “impacts on water supply and water wells on adjacent farms and homes,” and (5) “infringement upon the tribal sovereignty of other indigenous people, including the North Valley Yokuts and the Picayune Ranchería.” Pls.’ Mem. at 23. For the reasons discussed below, however, none of these points is likely to succeed on the merits because the Secretary appears to have considered all aspects of the problem that he was required to consider under the IGRA, and this Court must confer significant deference to the Secretary’s expertise. At the outset, it is important to recall that the DOI has interpreted the term “surrounding community” in the IGRA only to include “local governments and nearby Indian tribes located within a 25-mile radius of the site of the proposed gaming establishment.” 25 C.F.R. § 292.2. The plaintiffs in the instant action do not directly challenge the DOI’s interpretation of this term, but they do complain that the Secretary failed to consider or “simply ignored” comments from the plaintiffs and other “members of the community” about the potential harms listed above. Pls.’ Mem. at 23. Although the Secretary can, and likely should, consider comments from local citizens in making decisions under the IGRA, the statute and its implementing regulations only require that the Secretary consider “detriment[ ]” on “local governments and nearby Indian tribes located within a 25-mile radius of the site of the proposed gaming establishment.” 25 C.F.R. §§ 292.2, 292.21(a). a) Problem Gambling First, as to “the destructive and ruinous impacts on families, employers, and eommunity social services caused by gambling,” Pls.’ Mem. at 23, the IGRA ROD addressed the potential effects on the surrounding community stemming from what the parties have called “problem gambling.” See Intervenor’s Opp’n at 17. The Secretary observed that “[w]hile operation of a gaming facility could increase the percentage of problem gamblers in the surrounding community, problem gambling may be attenuated, or possibly reduced, through the expansion of problem gambling services offered by the Resort.” IGRA ROD at 347. In this regard, the Secretary also noted several ways in which the North Fork Tribe had agreed to help mitigate the potential detrimental effects of “problem gambling.” The Tribe agreed to do so by, inter alia, paying $50,000 to the Madera County Department of Behavioral Health Services “to supplement its budget for alcohol education and the treatment and prevention of problem gambling and gambling disorders,” id. at 355, and implementing a number of training and precautionary measures to “recogniz[e] and address[]” problem gambling on the premises, id. at 324-25. The FEIS concluded that these mitigation measures “would mitigate [the] effect [of problem gambling] to a less than significant level.” FEIS at 4.7-9 (Feb. 2009), available at http://northforkeis.com/documents/finaL eis/report.htm. The Secretary clearly considered this aspect of the problem in concluding that permitting gaming on the Madera Site would not be detrimental to the surrounding community. b) Crime- As to the “increases in prostitution and other crimes,” the plaintiffs argue that the Secretary’s consideration of this potential problem was “illogical, irrational, and implausible.” Pls.’ Mem. at 23. The Secretary observed, relying on the FEIS, that “[t]he Resort will not result in a significant increase in crime in the surrounding community” because “although an increase in calls for service might be expected as would be the case with any large-scale development, the Resort will not result in an increase regional crime rate.” IGRA ROD at 347. In further support of this conclusion, the Secretary cited the fact that the North Fork Tribe would be mitigating any detrimental effect on local law enforcement resources by contributing $415,000 to fund the creation of 5,5 new local law enforcement positions. See id. at 355. The plaintiffs complain that “[t]he Secretary irrationally focuses on .crime ‘rates’ and ignores not only the increased concentration of crime, that will occur around the casino ... but also the potentially vice-related and even .violent types of crime associated with the proposed casino development and the individuals such a development will attract.” Pls.’ Mem. at 24. They also contend that, regardless of whether mitigation measures may lessen the potential negative effects of gaming, “the inescapable conclusion is that the casino will have a detrimental impact on the surrounding community” despite the fact that “[t]he Secretary seems to conclude that there is no detrimental impact on the surrounding community simply because the Tribe may take some steps to lessen the damaging effects of the $200 million casino.” Id. at 25. First, the plaintiffs’ argument that it is “irrational” to focus on regional crime rates is peculiar because the Court finds such a focus perfectly rational when considering potential detriment to a surrounding community. Second, the plaintiffs’ more generic concerns about gaming and crime appear to be divorced from the facts considered by the Secretary, and based instead on a speculative and biased assumption about the “types” of people and behavior that a gaming establishment attracts. The FEIS surveyed five other California communities “that have had Indian casinos within close proximity or in their jurisdiction for at least the past two years.” FEIS at 4.7-6. Based on this survey and a review of literature regarding the link between casinos and crime, the FEIS concluded that there was “no definitive link between casinos and regional crime rates,” and therefore “Alternative A’s impact to crime would be less than significant.” Id. at 4.7-8. The Secretary relied upon and discussed the FEIS’s findings in this regard when discussing crime in his IGRA ROD. See IGRA ROD at 347. That the plaintiffs speculate regarding what gaming may bring to their community cannot undercut the Secretary’s reasonable reliance on' empirical socioeconomic data, as well as the tangible mitigation efforts p