80 FR 44376 - Pascua Yaqui Tribe of Arizona-2015 Liquor Control Ordinance
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs Federal Register Volume 80, Issue 143 (July 27, 2015)
Bureau of Indian Affairs
Federal Register Volume 80, Issue 143 (July 27, 2015)
| Page Range | 44376-44378 | |
| FR Document | 2015-18286 |
[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)] [Notices] [Pages 44376-44378] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18286] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [156A2100DD/AAKC001030/A0A501010.999900 253G] Pascua Yaqui Tribe of Arizona--2015 Liquor Control Ordinance AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice publishes the Pascua Yaqui Tribe of Arizona's 2015 Liquor Control Ordinance. The ordinance regulates and controls the possession, sale and consumption of liquor within the Pascua Yaqui Tribe of Arizona's Indian country. This ordinance allows for the possession and sale of alcoholic beverages within the jurisdiction of the Pascua Yaqui Tribe of Arizona, will increase the ability of the tribal government to control the distribution and possession of liquor within their Indian country, and at the same time, will provide an important source of revenue, the strengthening of the tribal government, and the delivery of tribal services. DATES: Effective Date: This law is effective August 27, 2015. FOR FURTHER INFORMATION CONTACT: Sharlot Johnson, Tribal Government Services Officer, Western Regional Office, Bureau of Indian Affairs, 2600 North Central Avenue, Phoenix, AZ 85004; Phone: (602) 379-6786; Fax: (602) 379-379-4100, or Laurel Iron Cloud, Chief, Division of Tribal Government Services, Office of Indian Services, Bureau of Indian Affairs, 1849 C Street NW., MS-4513-MIB, Washington, DC 20240; Telephone: (202) 513-7641. SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of the Interior shall certify and publish in the Federal Register notice of adopted liquor ordinances for the purpose of regulating liquor transactions in Indian country. Pascua Yaqui Tribal Council duly adopted this law by Resolution No. C06-103-15 on June 10, 2015. This notice is published in accordance with the authority delegated by the Secretary of the Interior to the Assistant Secretary--Indian Affairs. I certify that the Pascua Yaqui Tribe of Arizona duly adopted the 2015 Liquor Control Ordinance 07-15 by Resolution No. C06-103-15 on June 10, 2015. Dated: July 21, 2015. Kevin K. Washburn, Assistant Secretary--Indian Affairs. The Pascua Yaqui Liquor Control Ordinance of 2015 shall read as follows: Section 10 Short Title: Codification (8 PYTC Sec. 6-5-10) (A) This Ordinance is an Ordinance of the Pascua Yaqui Tribe of Arizona, and shall be known as the Pascua Yaqui Liquor Control Ordinance of 2015. (B) This Ordinance shall be codified pursuant to the Pascua Yaqui Tribe Codification Ordinance as Title 8, Part VI, Chapter 6-5. Section 20 General (8 PYTC Sec. 6-5-20) (A) This Ordinance is for the purpose of regulating the sale, possession and use of alcoholic liquor on the Pascua Yaqui Reservation and adjacent Trust Lands held by the United States for the benefit of the Pascua Yaqui Tribe of [[Page 44377]] Arizona. The enactment of this Ordinance will enable the Pascua Yaqui Tribe of Arizona and its Tribal Government to regulate liquor distribution and possession on the Pascua Yaqui Reservation, as defined in Subsection 8 PYTC Sec. 6-5-30 (C) below. (B) Subject to certain limitations, Article VI, Sections 1(l), 1(0) 1(t), and 1(w) of the Constitution of the Pascua Yaqui Tribe of Arizona, adopted on January 26, 1988 and approved by the Secretary of the Interior on February 8, 1988 pursuant to Section 16 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), vests the Pascua Yaqui Tribal Council with legislative and executive authority, including the authority to adopt this Ordinance. (C) Jurisdiction. This Ordinance is adopted in accordance with the 18 U.S.C.Sec. 1161, and conforms with all requisite laws of the State of Arizona in accordance with the requirements of 18 U.S.C.Sec. 1161. Section 30 Definitions (8 PYTC Sec. 6-5-30) To the extent that definitions are consistent with tribal or federal laws, terms used herein shall have the same meaning as defined in Arizona Revised Statutes (``ARS'') Title 4, and as defined in Administrative Rules of the Arizona Department of Liquor Licenses and Control to administer ARS, Title 4. (A) ``Alcoholic Liquor'' shall mean any alcoholic beverage containing more than one-half of one percent alcohol by volume, and every liquid or solid, patented or not, containing alcohol and capable of being consumed by a human being. (B) ``Land Assignment'' means a Land Assignment as defined in the Pascua Yaqui Tribal Code. (C) ``Pascua Yaqui Reservation'' shall mean all lands held in trust by the United States for the Pascua Yaqui Tribe of Arizona or its members. It also includes any roads or rights-of-way located within the external boundaries of the Pascua Yaqui Reservation. (D) Whenever the words ``sell'' or ``to sell'' refer to anything forbidden by this Chapter and related to alcoholic liquor, they include: (1) To solicit or receive and order; (2) To keep or expose for sale; (3) To deliver for value or in any way other than purely gratuitously; (4) To peddle; (5) To keep with intent to sell; (6) To traffic in; (7) To engage in a transaction for any consideration or promise obtained directly or indirectly under any pretext or by any means or to procure or allow to be procured for any other person; (8) The word ``sale'' includes every act of selling as defined in this Subsection (D) of Section 8 PYTC Sec. 6-5-30; (9) The word ``person'' includes a human being or any entity that is recognized by law as having the rights and/or duties of a human being. (E) ``Tribal'' refers to the Pascua Yaqui Tribe of Arizona. (F) ``Tribe'' shall mean the Pascua Yaqui Tribe of Arizona. Section 40 Civil Violation (8 PYTC Sec. 6-6-40) Any of the following shall be a civil violation in prosecutable in the Pascua Yaqui Tribal Court under this Ordinance: (A) For any person to sell, trade or manufacture any alcoholic liquor on the Pascua Yaqui Reservation, except as provided for in this Ordinance. (B) For any business establishment or person on the Pascua Yaqui Reservation to possess, transport or keep with intent to sell, barter or trade to another, any liquor, except for those commercial liquor establishments on the Pascua Yaqui Reservation licensed by the Arizona Department of Liquor Licenses and Control and approved by the Pascua Yaqui Tribal Council by resolution, provided however that a person may transport liquor from a licensed establishment consistent with the terms of the license. (C) For any person to consume alcoholic liquor on a public road on the Pascua Yaqui Reservation. (D) For any person to publicly consume any alcoholic liquor at any community function, or at or near any place of business, celebration grounds, recreational areas, including ballparks, Tribal government facilities, and any other public area where minors gather for meetings or recreation, except within a licensed establishment where alcohol is sold. (E) For any person under the age of 21 years to buy, attempt to buy or to misrepresent their age in attempting to buy alcoholic liquor. (F) For any person under the age of 21 years to transport, possess or consume any alcoholic liquor on the Pascua Yaqui Reservation, or to be under the influence of alcohol or to be at an established commercial liquor establishment, except as authorized under this Ordinance. (G) For any person to sell or furnish alcoholic liquor to any person under 21 years of age. (H) For alcoholic liquor to be given as a prize, premium or consideration for a lottery, contest, game of chance or skill, or competition of any kind. Section 50 Criminal Violations (8 PYTC Sec. 6-5-50) (A) Except as set forth in subsections (B), (C), and (D) below, it shall be a violation of 18 U.S.C. Sec. 1154(a) for any person not having a license issued by the State of Arizona for the sale alcohol on the Pascua Yaqui Reservation to sell or distribute alcohol on the Pascua Yaqui Reservation, and the criminal penalties therefore shall be as established in 18 U.S.C. Sec. 1154(a). (B) It shall be permissible, and shall not be a criminal violation of 18 U.S.C. Sec. 1154(a), for a person who is 21 years of age or older to distribute, but not sell, alcohol to any other person 21 years of age or older, who are both lawfully present on a residential Land Assignment of the Pascua Yaqui Tribe with the consent of the Land Assignment holder. (C) It shall be permissible, and shall not be a criminal violation of 18 U.S.C. Sec. 1154(a), for a person who is 21 years of age or older to distribute, but not sell, alcohol to any other person 21 years of age or older, who are both lawfully present at a rental residence, or its surrounding land, owned by the Pascua Yaqui Tribe with the consent of the authorized tenant. (D) It shall be permissible, and shall not be a criminal violation of 18 U.S.C. Sec. 1154(a), for a person or entity having a liquor license issued by the State of Arizona for sale of liquor on the Pascua Yaqui Reservation, or for any employee of a person or entity having a liquor license issued by the State of Arizona for sale of liquor on the Pascua Yaqui Reservation, to sell or distribute alcohol on the Pascua Yaqui Reservation. Section 60 Licensing Procedure (8 PYTC Sec. 6-5-60) (A) Requests, issuances of, and renewals of, licenses under this Ordinance shall be made to the State of Arizona in accordance with the standards set forth by the State of Arizona in ARS Title 4 and the regulations established by the Arizona Liquor License Control Board to administer ARS Title 4. (B) The Pascua Yaqui Tribal Council shall be the ``local governing body,'' as set out in ARS Sec. 4-201, for license applications, issuances, and renewals for locations on the Pascua Yaqui Reservation. (C) Licensees shall not conduct operations under those licenses, nor activities related thereto, on Tribal Land Assignments or rental properties, which are reserved for residential purposes only. (D) Licenses may be terminated by the Arizona Department of Liquor Licenses [[Page 44378]] and Control and/or Arizona Liquor License Control Board in accordance with their respective laws, regulations, policies and procedures. The laws, rules and regulations of the Arizona Department of Liquor Licenses and Control and/or the Arizona Liquor License Control Board with regard to liquor license enforcement, review, and revocation proceedings shall be applicable to Liquor Licenses on the Pascua Yaqui Reservation. Section 70 Warning Signs Required (8 PYTC Sec. 6-5-70) Licensees on the Pascua Yaqui Reservation shall comply with the requirements of ARS Sec. 4-261, and shall post the signs required by that section in accordance with the requirements of that section. Section 80 Jurisdiction & Violations of this Ordinance (8 PYTC Sec. 6- 5-80) (A) The Pascua Yaqui Tribal Court shall have exclusive jurisdiction over enforcement of all provision of this Ordinance, except for violations of 8 PYTC Sec. 6-5-50 (A) committed by non-Indians. This shall not preclude any of the United States of America, the Arizona Department of Liquor Licenses and Control and/or the Arizona Liquor License Control Board from administering and enforcing their respective laws, regulations, policies and procedures, including, but not limited to, unlawful distribution of alcohol, licensing requirements, the issuance of liquor licenses, liquor license violations, licensee disciplinary proceedings, and license revocation proceedings. (B) Any person present on the Pascua Yaqui Reservation shall be deemed to have consented to the civil jurisdiction of the Pascua Yaqui Tribal Court, and any Indian present on the Pascua Yaqui Reservation shall be deemed to have consented to criminal jurisdiction of the Pascua Yaqui Tribal Court, and may be subject to a civil or criminal penalty as applicable in the Pascua Yaqui Tribal Court for a civil or criminal violations of this Ordinance. The Indian Civil Rights Act shall be applicable to Indians charged with criminal violations of this Ordinance. (C) For any violation of 8 PYTC Sec. 6-6-40 the Pascua Yaqui Tribal Court may impose a civil penalty in an amount not to exceed $1,000 per violation. (D) The Pascua Yaqui Prosecutor's Office shall bring enforcement actions of alleged violations of 8 PYTC Sec. 6-6-40. (E) The burden of proof for alleged violations of 8 PYTC Sec. 6-6- 40 shall be a preponderance of the evidence. (F) There shall be no right of jury trial or court-appointed legal counsel for alleged violations of 8 PYTC Sec. 6-6-40. (G) Alleged violations of 8 PYTC Sec. 6-6-40 above may be brought jointly with a criminal violation of Pascua Yaqui Tribal law, or may be brought separately. (H) The Tribal Council hereby specifically finds that civil penalties imposed for violations of 8 PYTC Sec. 6-6-40 are payable to the Pascua Yaqui Tribe, and are reasonably necessary and related to the expense of governmental administration necessary in maintaining law and order and public safety, and in managing, protecting and developing the natural resources on the Reservation. It is the legislative intent of the Tribal Council that all violations of 8 PYTC Sec. 6-6-40, whether committed by tribal members, non-member Indians, or non-Indians, shall be considered civil in nature, rather than criminal. Section 90 Severability (8 PYTC Sec. 6-5-90) If a court of competent jurisdiction finds any provision of this Ordinance to be invalid or illegal under applicable Federal or Tribal law, such provision shall be severed from the Ordinance and the remainder of this Ordinance shall remain in full force and effect. Section 100 Compliance with 18 U.S.C. 1154(a) and 18 U.S.C. 1161 (8 PYTC Sec. 6-5-100) The Tribe will comply with 18 U.S.C. Sec. 1154(a) and 18 U.S.C. 1161, and other laws of the United States regarding distribution of alcohol on the Pascua Yaqui Reservation, and will comply with the laws and regulations of the State of Arizona regarding licenses to sell alcohol to the extent they are applicable to the Tribe under 18 U.S.C. 1161, other laws of the United States, or the laws of the State of Arizona. Section 110 Effective Date (8 PYTC Sec. 6-5-110) This Ordinance shall be effective on the THIRTY FIRST DAY AFTER approval by the Secretary of Interior, and publication in the Federal Register as provided by 18 U.S.C. 1161. Section 120 Sovereign Immunity (8 PYTC Sec. 6-5-120) Nothing in this Ordinance either waives or shall be deemed or construed as a waiver of the sovereign immunity of the Tribe, nor any of its elected officials, officers, directors, employees or governmental enterprises, entities, departments or components and any respective officers, directors or employees thereof.'' [FR Doc. 2015-18286 Filed 7-24-15; 8:45 am] BILLING CODE 4337-15-P
![44376 Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices
ACTION: Committee Management; Notice participate in the public comment Arizona, will increase the ability of the
of an Open Federal Advisory Committee period must register in advance by no tribal government to control the
Meeting. later than Monday, August 10, 2015, at distribution and possession of liquor
5:00 p.m. by emailing NSTAC at within their Indian country, and at the
SUMMARY: The President’s National NSTAC@hq.dhs.gov. Speakers are same time, will provide an important
Security Telecommunications Advisory requested to limit their comments to source of revenue, the strengthening of
Committee (NSTAC) will meet via three minutes and will speak in order of the tribal government, and the delivery
teleconference on Wednesday, August registration. Please note that the public of tribal services.
12, 2015. The meeting will be open to comment period may end before the DATES: Effective Date: This law is
the public. time indicated, following the last effective August 27, 2015.
DATES: The NSTAC will meet on request for comments. FOR FURTHER INFORMATION CONTACT:
Wednesday, August 12, 2015, from 2:00 FOR FURTHER INFORMATION CONTACT: Ms. Sharlot Johnson, Tribal Government
p.m. to 2:45 p.m. Please note that the Helen Jackson, NSTAC Designated Services Officer, Western Regional
meeting may close early if the Federal Officer, Department of Office, Bureau of Indian Affairs, 2600
committee has completed its business. Homeland Security, telephone (703) North Central Avenue, Phoenix, AZ
ADDRESSES: The meeting will be held 235–5321. 85004; Phone: (602) 379–6786; Fax:
via conference call. For access to the SUPPLEMENTARY INFORMATION: Notice of (602) 379–379–4100, or Laurel Iron
conference call bridge, information on this meeting is given under the Federal Cloud, Chief, Division of Tribal
services for individuals with Advisory Committee Act (FACA), 5 Government Services, Office of Indian
disabilities, or to request special U.S.C. Appendix. The NSTAC advises Services, Bureau of Indian Affairs, 1849
assistance to attend, please email the President on matters related to C Street NW., MS–4513–MIB,
NSTAC@hq.dhs.gov by 5:00 p.m. on national security and emergency Washington, DC 20240; Telephone:
Friday, August 7, 2015. preparedness telecommunications (202) 513–7641.
To facilitate public participation, we
policy. SUPPLEMENTARY INFORMATION: Pursuant
are inviting public comment on the Agenda: In February 2015, the to the Act of August 15, 1953, Public
issues to be considered by the Executive Office of the President Law 83–277, 67 Stat. 586, 18 U.S.C.
committee as listed in the requested that the NSTAC examine how 1161, as interpreted by the Supreme
SUPPLEMENTARY INFORMATION section
the utilization of Big Data Analytics Court in Rice v. Rehner, 463 U.S. 713
below. Associated briefing materials could enhance National Security/ (1983), the Secretary of the Interior shall
that will be discussed at the meeting Emergency Preparedness functions for certify and publish in the Federal
will be available at www.dhs.gov/nstac the Nation. During the conference call, Register notice of adopted liquor
for review as of Friday, August 7, 2015. the NSTAC members will discuss their ordinances for the purpose of regulating
Comments may be submitted at any recent scoping phase on big data liquor transactions in Indian country.
time and must be identified by docket analytics and their approach or Pascua Yaqui Tribal Council duly
number DHS–2015–0031. Comments methodology for the research phase of adopted this law by Resolution No.
may be submitted by one of the the study. Following the discussion, the C06–103–15 on June 10, 2015.
following methods: members will deliberate and vote on the This notice is published in
• Federal eRulemaking Portal: http://
Big Data Analytics Scoping Report. accordance with the authority delegated
www.regulations.gov. Follow the
Dated: July 21, 2015. by the Secretary of the Interior to the
instructions for submitting written
Helen Jackson, Assistant Secretary—Indian Affairs. I
comments.
• Email: NSTAC@hq.dhs.gov. Include Designated Federal Officer for the NSTAC.
certify that the Pascua Yaqui Tribe of
the docket number in the subject line of Arizona duly adopted the 2015 Liquor
[FR Doc. 2015–18383 Filed 7–24–15; 8:45 am]
the email message. Control Ordinance 07–15 by Resolution
BILLING CODE 9110–9P–P
• Fax: 703–235–5962, Attn: Julia No. C06–103–15 on June 10, 2015.
Madison. Dated: July 21, 2015.
• Mail: Designated Federal Officer, Kevin K. Washburn,
DEPARTMENT OF THE INTERIOR
Stakeholder Engagement and Critical Assistant Secretary—Indian Affairs.
Infrastructure Resilience Division, Bureau of Indian Affairs The Pascua Yaqui Liquor Control
National Protection and Programs Ordinance of 2015 shall read as follows:
Directorate, Department of Homeland [156A2100DD/AAKC001030/
Security, 245 Murray Lane, Mail Stop A0A501010.999900 253G] Section 10 Short Title: Codification (8
0604, Arlington, VA 20598–0604. PYTC § 6–5–10)
Pascua Yaqui Tribe of Arizona—2015
Instructions: All submissions received (A) This Ordinance is an Ordinance of
Liquor Control Ordinance
must include the words ‘‘Department of the Pascua Yaqui Tribe of Arizona, and
Homeland Security’’ and the docket AGENCY: Bureau of Indian Affairs, shall be known as the Pascua Yaqui
number for this action. Comments Interior. Liquor Control Ordinance of 2015.
received will be posted without ACTION: Notice. (B) This Ordinance shall be codified
alteration at www.regulations.gov, pursuant to the Pascua Yaqui Tribe
including any personal information SUMMARY: This notice publishes the Codification Ordinance as Title 8, Part
provided. Pascua Yaqui Tribe of Arizona’s 2015 VI, Chapter 6–5.
Docket: For access to the docket and Liquor Control Ordinance. The
Section 20 General (8 PYTC § 6–5–20)
tkelley on DSK3SPTVN1PROD with NOTICES
comments received by the NSTAC, go to ordinance regulates and controls the
www.regulations.gov and enter docket possession, sale and consumption of (A) This Ordinance is for the purpose
number DHS–2015–0031. liquor within the Pascua Yaqui Tribe of of regulating the sale, possession and
A public comment period will be held Arizona’s Indian country. This use of alcoholic liquor on the Pascua
during the conference call on ordinance allows for the possession and Yaqui Reservation and adjacent Trust
Wednesday, August 12, 2015, from 2:35 sale of alcoholic beverages within the Lands held by the United States for the
p.m. to 2:45 p.m. Speakers who wish to jurisdiction of the Pascua Yaqui Tribe of benefit of the Pascua Yaqui Tribe of
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![44378 Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices
and Control and/or Arizona Liquor (F) There shall be no right of jury trial respective officers, directors or
License Control Board in accordance or court-appointed legal counsel for employees thereof.’’
with their respective laws, regulations, alleged violations of 8 PYTC § 6–6–40. [FR Doc. 2015–18286 Filed 7–24–15; 8:45 am]
policies and procedures. The laws, rules (G) Alleged violations of 8 PYTC § 6– BILLING CODE 4337–15–P
and regulations of the Arizona 6–40 above may be brought jointly with
Department of Liquor Licenses and a criminal violation of Pascua Yaqui
Control and/or the Arizona Liquor Tribal law, or may be brought DEPARTMENT OF THE INTERIOR
License Control Board with regard to separately.
liquor license enforcement, review, and Bureau of Land Management
(H) The Tribal Council hereby
revocation proceedings shall be [15XL LLIDB00100 LF1000000.HT0000
specifically finds that civil penalties
applicable to Liquor Licenses on the LXSS024D0000 241A 4500081550]
imposed for violations of 8 PYTC § 6–6–
Pascua Yaqui Reservation.
40 are payable to the Pascua Yaqui
Section 70 Warning Signs Required (8 Notice of Public Meeting: Resource
Tribe, and are reasonably necessary and
PYTC § 6–5–70) Advisory Council to the Boise District,
related to the expense of governmental
Bureau of Land Management, U. S.
Licensees on the Pascua Yaqui administration necessary in maintaining
Department of the Interior
Reservation shall comply with the law and order and public safety, and in
requirements of ARS § 4–261, and shall managing, protecting and developing AGENCY: Bureau of Land Management.
post the signs required by that section the natural resources on the ACTION: Notice of Public Meeting.
in accordance with the requirements of Reservation. It is the legislative intent of
the Tribal Council that all violations of SUMMARY: In accordance with the
that section.
8 PYTC § 6–6–40, whether committed by Federal Land Policy and Management
Section 80 Jurisdiction & Violations of tribal members, non-member Indians, or Act (FLPMA) and the Federal Advisory
this Ordinance (8 PYTC § 6–5–80) non-Indians, shall be considered civil in Committee Act of 1972 (FACA), the U.S.
(A) The Pascua Yaqui Tribal Court nature, rather than criminal. Department of the Interior, Bureau of
shall have exclusive jurisdiction over Land Management (BLM) Boise District
Section 90 Severability (8 PYTC § 6–5–
enforcement of all provision of this Resource Advisory Council (RAC), will
90)
Ordinance, except for violations of 8 hold a meeting as indicated below.
PYTC § 6–5–50 (A) committed by non- If a court of competent jurisdiction DATES: The meeting will be held August
Indians. This shall not preclude any of finds any provision of this Ordinance to 19, 2015, at the Boise District Office,
the United States of America, the be invalid or illegal under applicable 3948 Development Avenue, Boise, Idaho
Arizona Department of Liquor Licenses Federal or Tribal law, such provision 83705 beginning at 9:00 a.m. and
and Control and/or the Arizona Liquor shall be severed from the Ordinance and adjourning at 3:00 p.m. Members of the
License Control Board from the remainder of this Ordinance shall public are invited to attend. A public
administering and enforcing their remain in full force and effect. comment period will be held at 11:00
respective laws, regulations, policies a.m.
Section 100 Compliance with 18
and procedures, including, but not U.S.C. 1154(a) and 18 U.S.C. 1161 (8 FOR FURTHER INFORMATION CONTACT:
limited to, unlawful distribution of PYTC § 6–5–100) Marsha Buchanan, Supervisory
alcohol, licensing requirements, the Administrative Specialist and RAC
issuance of liquor licenses, liquor The Tribe will comply with 18 U.S.C. Coordinator, BLM Boise District, 3948
license violations, licensee disciplinary § 1154(a) and 18 U.S.C. 1161, and other Development Ave., Boise, Idaho 83705,
proceedings, and license revocation laws of the United States regarding Telephone (208) 384–3364.
proceedings. distribution of alcohol on the Pascua SUPPLEMENTARY INFORMATION: The 15-
(B) Any person present on the Pascua Yaqui Reservation, and will comply member Council advises the Secretary
Yaqui Reservation shall be deemed to with the laws and regulations of the of the Interior, through the BLM, on a
have consented to the civil jurisdiction State of Arizona regarding licenses to variety of planning and management
of the Pascua Yaqui Tribal Court, and sell alcohol to the extent they are issues associated with public land
any Indian present on the Pascua Yaqui applicable to the Tribe under 18 U.S.C. management in southwestern Idaho.
Reservation shall be deemed to have 1161, other laws of the United States, or During the August meeting the Boise
consented to criminal jurisdiction of the the laws of the State of Arizona. District Council will receive updates on
Pascua Yaqui Tribal Court, and may be Section 110 Effective Date (8 PYTC the Bruneau Owyhee Sage-grouse
subject to a civil or criminal penalty as § 6–5–110) Habitat Project (BOSH) and Tri-State
applicable in the Pascua Yaqui Tribal planning process. New members will be
Court for a civil or criminal violations This Ordinance shall be effective on introduced and the RAC will organize
of this Ordinance. The Indian Civil the THIRTY FIRST DAY AFTER for the upcoming term, to include
Rights Act shall be applicable to Indians approval by the Secretary of Interior, election of Council leadership. BLM
charged with criminal violations of this and publication in the Federal Register staff will update RAC members on the
Ordinance. as provided by 18 U.S.C. 1161. travel plan process and upcoming
(C) For any violation of 8 PYTC § 6– landscape projects. Agenda items and
Section 120 Sovereign Immunity (8
6–40 the Pascua Yaqui Tribal Court may location may change due to unforeseen
PYTC § 6–5–120)
impose a civil penalty in an amount not circumstances. The public may present
tkelley on DSK3SPTVN1PROD with NOTICES
to exceed $1,000 per violation. Nothing in this Ordinance either written or oral comments to members of
(D) The Pascua Yaqui Prosecutor’s waives or shall be deemed or construed the Council. At each full RAC meeting,
Office shall bring enforcement actions of as a waiver of the sovereign immunity time is provided in the agenda for
alleged violations of 8 PYTC § 6–6–40. of the Tribe, nor any of its elected hearing public comments. Depending on
(E) The burden of proof for alleged officials, officers, directors, employees the number of persons wishing to
violations of 8 PYTC § 6–6–40 shall be or governmental enterprises, entities, comment and time available, the time
a preponderance of the evidence. departments or components and any for individual oral comments may be
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Document Created: 2018-02-23 09:26:57
Document Modified: 2018-02-23 09:26:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Effective Date: This law is effective August 27, 2015. | |
| Contact | Sharlot Johnson, Tribal Government Services Officer, Western Regional Office, Bureau of Indian Affairs, 2600 North Central Avenue, Phoenix, AZ 85004; Phone: (602) 379-6786; Fax: (602) 379-379-4100, or Laurel Iron Cloud, Chief, Division of Tribal Government Services, Office of Indian Services, Bureau of Indian Affairs, 1849 C Street NW., MS-4513-MIB, Washington, DC 20240; Telephone: (202) 513-7641. | |
| FR Citation | 80 FR 44376 |
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