80_FR_61640 80 FR 61443 - Albuquerque Indian School District-Liquor Control Ordinance

80 FR 61443 - Albuquerque Indian School District-Liquor Control Ordinance

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 80, Issue 197 (October 13, 2015)

Page Range61443-61447
FR Document2015-26021

This notice publishes the Albuquerque Indian School District (AISD) Liquor Control Ordinance. The ordinance regulates and controls the possession, sale, and consumption of liquor within Albuquerque Indian School (AIS) lands. The ordinance allows for the possession and sale of alcoholic beverages within the jurisdiction of the Albuquerque Indian School District, the governing entity formed by the 19 Pueblos of New Mexico to establish a governance structure for Albuquerque Indian School lands. The ordinance will increase the ability of the AISD to control the distribution and possession of liquor within its Indian country, and will foster tribal economic development, strengthening tribal government, and improving the delivery of services to the Pueblos.

Federal Register, Volume 80 Issue 197 (Tuesday, October 13, 2015)
[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)]
[Notices]
[Pages 61443-61447]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26021]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[156A2100DD/AAKC001030/A0A501010.999900 253G]


Albuquerque Indian School District--Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice publishes the Albuquerque Indian School District 
(AISD) Liquor Control Ordinance. The ordinance regulates and controls 
the possession, sale, and consumption of liquor within Albuquerque 
Indian School (AIS) lands. The ordinance allows for the possession and 
sale of alcoholic beverages within the jurisdiction of the Albuquerque 
Indian School District, the governing entity formed by the 19 Pueblos 
of New Mexico to establish a governance structure for Albuquerque 
Indian School lands. The ordinance will increase the

[[Page 61444]]

ability of the AISD to control the distribution and possession of 
liquor within its Indian country, and will foster tribal economic 
development, strengthening tribal government, and improving the 
delivery of services to the Pueblos.

DATES: This law is effective October 13, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Patricia Mattingly, Tribal 
Government Officer, Southwest Regional Office, Bureau of Indian 
Affairs, 1011 Indian School Road, NW., Suite 254, Albuquerque, NM 
87104; Telephone: (505) 563-3446; Fax: (505) 563-3101, or Ms. Laurel 
Iron Cloud, Bureau of Indian Affairs, Office of Indian Services, 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 liquor 
ordinances that have been duly adopted by Tribes for the purpose of 
regulating liquor transactions in Indian country. The Albuquerque 
Indian School lands are Indian country because they are held in trust 
by the Federal government for the benefit of the 19 Pueblos. The 
Albuquerque Indian School District Governing Council, exercising by 
delegation from the 19 Pueblos the governing authority over the AIS 
lands, duly adopted the Albuquerque Indian School District Liquor 
Control Ordinance by Resolution No. GC2013-03 on July 24, 2013.
    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 Albuquerque Indian School District 
Governing Council duly adopted the Albuquerque Indian School District 
Liquor Control Ordinance by Resolution No. GC2013-03 on July 24, 2013.

    Dated: October 5, 2015.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
The Albuquerque Indian School District Liquor Control Ordinance shall 
read as follows:

TITLE 1. BUSINESS REGULATION

CHAPTER 1. LIQUOR CONTROL

    Section 1-1-1. Definitions. As used in this Chapter the following 
definitions shall apply unless the context clearly indicates otherwise:

AISD court means the judicial system for the Albuquerque Indian School 
District established by the Governing Council pursuant to Article V of 
the District Charter;
beer means a beverage containing more than one-half percent alcohol by 
volume, obtained by the fermentation of any infusion or decoction of 
barley, malt and hops or other cereals in water, and includes porter, 
beer, ale and stout;
District or AISD means the Albuquerque Indian School District, and 
includes all land made subject to the Albuquerque Indian School 
District Charter;
District Manager means the District official identified in Article VII 
of the District Charter;
Governing Council means the District's governing body created by 
Article II of the District Charter;
liquor includes beer, spirituous liquors, wine, all combinations 
thereof, and any other intoxicating beverage containing alcohol;
minor means any person under the age of twenty-one (21) years;
Oversight Commission means the body created by Article VI of the 
District Charter;
package means any container or receptacle used for holding liquor for 
purposes of sale or delivery to a person;
person means an individual, corporation, firm, partnership, limited 
liability company, enterprise or other legal entity;
public place means highways, roads, streets, driveways, sidewalks, 
garages, parking areas, stores, other shopping areas, government 
buildings, schools, churches, public meeting halls, restaurants, 
theaters, lobbies and hallways of office buildings, open spaces, all 
means of public conveyance, depots, waiting rooms, bus stops, publicly 
or school-owned parks and/or playgrounds, and any other location that 
is generally open to and used by the public, including the grounds 
thereof;
purchase means any purchase, exchange, barter, traffic, or other 
receipt of liquor by any person, with or without consideration, by any 
means whatsoever;
sale means any sale, exchange, barter, traffic, donation, distribution, 
serving, or supplying of liquor by any person, with or without 
consideration, by any means whatsoever;
server permit means an alcoholic beverage server permit issued by the 
state of New Mexico pursuant to the Alcohol Server Education Article of 
the New Mexico Liquor Control Act, NMSA 1978 Sec.  60-6E-1 et seq. or a 
successor statute, provided that, if the Oversight Commission adopts 
AISD standards for the issuance of server permits, server permit shall 
mean the permit issued pursuant to the Oversight Commission standards; 
special event permit means a permit authorizing the permit holder to 
dispense alcoholic beverages by the drink, excluding package sales, at 
the location and during the times specified in the permit;
spirituous liquor means distilled or rectified spirits, potable 
alcohol, brandy, whiskey, rum, gin and aromatic bitters or any similar 
alcoholic beverage, including blended beverages, dilutions or mixtures 
of one or more of the foregoing containing more than one-half percent 
alcohol, but excluding medicinal bitters;
wine means beverages obtained by the fermentation of the natural sugar 
contained in fruit or other agricultural products, with or without the 
addition of sugar or other products, that do not contain less than one-
half percent nor more than twenty-four percent alcohol by volume.
    Section 1-1-2. Purpose. The purpose of this Chapter is to establish 
limitations and standards for the legalization of the introduction, 
sale, purchase, service, possession, and public consumption of liquor 
within the District.
    Section 1-1-3. Related Federal and State Laws.
    A. For purposes of 18 U.S.C. 1161, this Chapter shall be 
interpreted and applied as constituting the liquor ordinance adopted 
under the authority of the Indian Pueblos having jurisdiction over the 
District.
    B. For purposes of the exemption from the New Mexico Liquor Control 
Act provided by NMSA 1978 Sec.  60-3A-5(D), this Chapter shall be 
interpreted and applied as constituting the law of the Indian Pueblos 
authorizing the sale, service, possession or public consumption of 
liquor within the boundaries of the District, on the terms and 
conditions stated in this Chapter.
    Section 1-1-4. AISD Liquor License.
    A. Governing Council Authorization. Any person qualified to hold a 
liquor license under this Chapter may be authorized to engage in the 
wholesale purchase, retail sale, or retail distribution of liquor 
within the District upon terms and conditions approved by resolution of 
the Governing Council and consistent with this Chapter. Any person 
granted such approval will be deemed to hold an AISD liquor license.
    B. Contents of License. The license shall specify whether the 
licensee is

[[Page 61445]]

authorized to make package sales, sales by the drink for consumption on 
the licensed premises, or both. The license shall specify what types of 
liquor the licensee is authorized to sell and shall identify the 
licensed premises within which sales are authorized.
    C. License Revocation. The Governing Council has the authority to 
revoke an AISD liquor license for any violation of this Chapter or 
other law applicable to the licensed person, including the tax 
ordinances enacted by the Governing Council.
    D. Source of Liquor. The person granted an AISD liquor license must 
purchase all liquor sold within the District from a person licensed by 
the state of New Mexico to sell liquor at wholesale.
    E. Revocable Privilege. A liquor license granted by the Governing 
Council is a revocable privilege, and no person holding a liquor 
license shall be deemed to have acquired any vested property rights in 
or under the license.
    F. Term. Each liquor license shall be issued or renewed for the 
term fixed by the Governing Council.
    G. Qualifications.
    (1) An application for a liquor license constitutes a request that 
the Governing Council make a decision on the applicant's general 
suitability, character, integrity, and ability to import, sell, 
dispense, or distribute liquor within the District in conformity with 
this Chapter.
    (2) An applicant for a liquor license and a person to whom a liquor 
license has been granted shall at all times bear the burden of proving 
its qualification to hold a liquor license.
    (3) No liquor license shall be issued to or held by a person who 
has been convicted of two or more violations of this Chapter in a 
twelve month period, or whose liquor license (issued by any 
jurisdiction) has been revoked at any time. If a person who owns ten 
percent (10%) or more of the ownership interests in the entity holding 
an AISD liquor license is disqualified to hold the liquor license under 
this Section 1-1-4(G)(3), then the entity is also disqualified to hold 
an AISD liquor license.
    (4) The person holding an AISD liquor license must have the 
character, integrity, financial ability, and business skills necessary 
to acquire, sell, dispense, or distribute liquor within the District in 
conformity with this Chapter.
    H. License Fee. The Governing Council shall by resolution establish 
the amount of the license fee required for issuance or renewal of a 
liquor license authorizing package sales and for issuance or renewal of 
a liquor license authorizing sales by the drink on the licensed 
premises.
    I. Investigations. An applicant for a liquor license and a person 
to whom a liquor license has been granted shall comply with all 
administrative subpoenas issued by the District Manager pursuant to 
Section 1-1-10. If an applicant or licensee, or any employee or 
principal of an applicant or licensee, refuses or fails to comply with 
a subpoena issued by the District Manager, that person's application or 
license may be suspended, revoked, or denied by the Governing Council, 
based solely upon such failure or refusal.
    J. Special Event Permit.
    (1) Public Events. Any person holding a license under this chapter 
authorizing sales of liquor by the drink within the licensed premises 
may dispense liquor at a special public event located outside of the 
licensed premises upon receiving a permit from the Oversight Commission 
with the concurrence of the Chairman and Vice Chairman of the Governing 
Council of the District and upon the payment of the permit fee fixed by 
the Oversight Commission. As used in this subsection, ``special public 
event'' includes any fair, cultural or artistic performance, athletic 
competition of a seasonal nature, or other event held on an 
intermittent basis. The permit shall be valid for no longer than the 
duration of the special public event.
    (2) Private Events. Any person holding a license under this chapter 
authorizing sales of liquor by the drink within the licensed premises 
may dispense liquor at a private event located outside of the licensed 
premises and catered by the licensee upon receiving a permit from the 
Oversight Commission with the concurrence of the Chairman and Vice 
Chairman of the Governing Council of the District and upon the payment 
of the permit fee fixed by the Oversight Commission. The permit shall 
be valid for no more than twelve hours.
    (3) The person holding a license to sell liquor by the drink and 
its employees shall be the only persons permitted to dispense liquor 
during the function for which the special event permit was issued.
    (4) Issuance of the special event permit is within the discretion 
of the Oversight Commission.
    (5) The special event permit shall identify the location where the 
special event will take place, the hours and days during which the 
permit is in effect, and the types of liquor that may be dispensed 
under authority of the permit. The permit shall not authorize package 
sales of liquor.
    (6) The permittee shall be subject to all District laws and 
regulations regulating the sale of liquor by the drink.
    Section 1-1-5. Server Permit.
    A. Servers. Every person directly involved in selling, dispensing, 
or serving liquor within the District shall have a current and valid 
server permit in his/her possession when engaged in such activity.
    B. Retailers. Any person authorized by this Chapter to sell liquor 
within the District shall not employ or engage any person to sell, 
dispense or serve liquor within the District unless that person holds a 
current and valid server permit.
    C. Standards. The Oversight Commission is authorized, but not 
required, to establish District standards and requirements under this 
Chapter for obtaining and retaining a server permit; provided that any 
such standards and requirements shall be at least as stringent as the 
requirements applicable outside the District imposed by the Alcohol 
Server Education Article of the New Mexico Liquor Control Act, NMSA 
1978 Sec.  60-6E-1 et seq. or a successor statute.
    Section 1-1-6. Right to Require Proof of Age; Right to Refuse Sale.
    A. Proof of Age. Any person authorized by this Chapter to sell 
liquor within the District shall have the authority to require any 
person purchasing or desiring to purchase liquor to produce proper 
evidence of age and identity before making any sale of liquor to such 
person.
    B. Refusing to Sell. Any person authorized by this Chapter to sell 
liquor within the District shall have the authority to refuse to sell 
liquor to any person who is unable to produce proof of age and 
identity.
    Section 1-1-7. Liability Insurance.
    A. General Public Liability. Any person authorized by this Chapter 
to sell liquor within the District shall obtain general public 
liability insurance in an amount not less than one million dollars 
($1,000,000) per occurrence, or such higher amount set by resolution of 
the Governing Council.
    B. Dram Shop Liability. If the Governing Council, the AISD court, 
or another court with jurisdiction to do so imposes dram shop liability 
on a person authorized to engage in the sale of liquor within the 
District, the licensed person shall obtain insurance adequate to cover 
such liability, in such amount set by resolution of the Governing 
Council.
    Section 1-1-8. Terms and Conditions of Sales.
    A. Election Day. Sale of liquor is allowed on any state or federal 
Election

[[Page 61446]]

Day only to the same extent allowed by state and municipal law within 
the boundaries of the City of Albuquerque.
    B. Hours for Sales for Consumption on Licensed Premises. Liquor 
shall be sold by the drink, served, and consumed on the licensed 
premises only during the same hours and days allowed by the laws of the 
State of New Mexico and the City of Albuquerque in effect from time to 
time.
    C. Hours for Package Sales. Liquor shall be sold in unbroken 
packages, for consumption off the licensed premises and not for resale, 
only during the same hours and days allowed by the laws of the State of 
New Mexico and the City of Albuquerque in effect from time to time.
    D. Cash Sales. All sales of liquor shall be for cash, check, money 
order, debit card, or credit card, and no credit shall otherwise be 
extended to any person for the purchase price of liquor.
    E. Sales for Personal Use; Resale Prohibited. All sales of liquor 
authorized by this Chapter shall be retail sales for the personal use 
of the purchaser and shall not be for the purpose of resale, whether or 
not the resale is for profit or in the original container.
    F. Licensed Premises. All sales of liquor authorized by this 
Chapter shall take place only within the licensed premises identified 
in the seller's liquor license or any applicable special event permit.
    G. Participation by Minors Prohibited. All handling, stocking, 
possession, and sale of liquor shall be conducted only by persons 
twenty-one (21) years of age or older. Proof of age must be shown by a 
current and valid government-issued driver's license or other 
government-issued form of identification that contains birth date and 
photo of the holder of the license or identification.
    H. Compliance with Section 9. All liquor sales shall be conducted 
in strict compliance with Section 1-1-9.
    I. No Public Nuisance. All liquor sales shall be conducted in a 
manner that prevents the creation of a public nuisance on or near the 
licensed premises.
    Section 1-1-9. Civil Offenses. The following conduct is prohibited 
within the District:
    A. Sales to Minors. No person shall sell any liquor to any person 
under the age of twenty-one (21) years.
    B. Purchase or Possession by Minors. No person under the age of 
twenty-one (21) years shall purchase, attempt to purchase, possess, or 
consume any liquor.
    C. Unauthorized Sale. No person shall sell any liquor except under 
the authority of, and in conformity with all requirements of, a current 
and valid AISD liquor license and any applicable special event permit.
    D. Unauthorized Purchase. No person shall knowingly purchase any 
liquor from a person who is not authorized to sell the liquor pursuant 
to a current and valid AISD liquor license.
    E. Sale Outside Licensed Premises. No person selling liquor under 
the authority of a current and valid AISD liquor license or special 
event permit shall sell any liquor outside the boundaries of the 
premises identified in the liquor license or the applicable permit.
    F. Sale to Intoxicated Person. No person selling liquor under the 
authority of a current and valid AISD liquor license shall sell any 
liquor to any person who the seller has reason to believe is 
intoxicated.
    G. Sale for Resale. No person selling liquor under the authority of 
a current and valid AISD liquor license shall sell liquor with 
knowledge that the liquor will be resold, either within or outside the 
District.
    H. Purchase for Resale. No person shall purchase liquor with the 
intention of reselling the liquor, within or outside the District.
    I. Drinking in Public Places. No person shall drink any liquor in a 
public place that is not part of the licensed premises under a current 
and valid AISD liquor license or special event permit.
    J. Open Containers Prohibited. No person shall have an open 
container of liquor in a public place that is not part of the licensed 
premises under a current and valid AISD liquor license or special event 
permit; or shall possess an open container of liquor in or on a 
vehicle.
    K. False Identification. No person shall attempt to purchase liquor 
through the use of false or altered identification which falsely 
purports to show the individual to be over the age of twenty-one (21) 
years.
    L. Drinking on Premises of Package Store. No person shall consume 
liquor on the licensed premises of a facility that is authorized only 
to sell liquor for consumption off the licensed premises.
    Section 1-1-10. Administration.
    A. District Manager. The District Manager is hereby granted 
administrative authority to perform the following actions relating to 
liquor licenses and special event permits issued under the authority of 
this Chapter, subject to review by the Oversight Commission:
    (1) investigate applicants for a liquor license or permit and 
holders of a liquor license or permit to ensure their eligibility to 
obtain or hold a liquor license or permit, as applicable,
    (2) impose civil penalties under Section 1-1-11,
    (3) issue written demands to comply with this Chapter or any 
requirement of a liquor license or permit,
    (4) issue administrative subpoenas requiring the production of 
relevant records, books, information, evidence or other documents and/
or the presence and testimony of any person relating to any matter 
under consideration or investigation by the District Manager under this 
Section 1-1-10,
    (5) suspend a liquor license for up to forty-five (45) days for any 
violation of this Chapter,
    (6) perform such other actions that are reasonably necessary and 
proper to carry out the authority granted by this Section 1-1-10.
    B. Oversight Commission. A person adversely affected by an act or 
failure to act of the District Manager in the administration of this 
Chapter, including suspension of a liquor license, may seek review of 
the District Manager's conduct by the Oversight Commission, pursuant to 
procedural rules adopted by the Oversight Commission. The Oversight 
Commission may affirm, reverse, or modify the action of the District 
Manager.
    C. Governing Council. A person adversely affected by a decision of 
the Oversight Commission may appeal that action to the Governing 
Council; provided that a written notice of appeal must be filed with 
the Secretary of the Governing Council within ten (10) business days of 
the action being appealed. The Governing Council shall review the 
appeal based on the administrative record and may conduct such further 
hearings or other proceedings as it deems appropriate. The decision of 
the Governing Council is final and is not subject to review by any 
court or other body.
    Section 1-1-11. Penalties.
    A. Civil Penalty. Any person who knowingly violates any provision 
of this Chapter shall be subject to a civil assessment of not less than 
five hundred dollars ($500) and not more than ten thousand dollars 
($10,000) for each violation.
    B. Criminal Prosecution. The imposition of civil penalties under 
this Chapter shall not bar prosecution and conviction of a person who 
violates any criminal law applicable within the District.
    Section 1-1-12. Sovereign Immunity Reserved. Nothing in this 
Chapter shall be construed as a waiver of the sovereign immunity of the 
District.

[[Page 61447]]

    Section 1-1-13. Amendments. This Chapter may be amended by the 
Governing Council, subject to approval by the Secretary of the Interior 
or the Secretary's designee.
    Section 1-1-14. Effective Date. This Chapter shall be in effect 
upon the date of publication in the Federal Register by the Secretary 
of the Interior or the Secretary's designee.

[FR Doc. 2015-26021 Filed 10-9-15; 08:45 am]
 BILLING CODE 4337-15-P



                                                                               Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices                                                61443

                                                  DEPARTMENT OF THE INTERIOR                              List) in the Code of Federal Regulations              with documentation such as maps,
                                                                                                          (CFR) at 50 CFR 17.11 (for animals) and               bibliographic references, methods used
                                                  Fish and Wildlife Service                               17.12 (for plants). Section 4(c)(2)(A) of             to gather and analyze the data, and/or
                                                  [Docket No. FWS–R7–ES–2015–0141;                        the Act requires us to review each listed             copies of any pertinent publications,
                                                  FXFR133707PB000–156–FF07CAMM00]                         species’ status at least once every 5                 reports, or letters by knowledgeable
                                                                                                          years. Further, our regulations at 50 CFR             sources.
                                                  Endangered and Threatened Wildlife                      424.21 require that we publish a notice
                                                                                                                                                                Public Availability of Comments
                                                  and Plants; Initiation of a 5-Year                      in the Federal Register announcing
                                                  Review of the Polar Bear                                those species under active review. For                  Before including your address, phone
                                                                                                          additional information about 5-year                   number, email address, or other
                                                  AGENCY:   Fish and Wildlife Service,                    reviews, go to http://www.fws.gov/                    personal identifying information in your
                                                  Interior.                                               endangered/what-we-do/recovery-                       comments, you should be aware that
                                                  ACTION: Notice; request for information.                overview.html, scroll down to ‘‘Learn                 your entire comment—including your
                                                                                                          More about 5-Year Reviews,’’ and click                personal identifying information—may
                                                  SUMMARY:   We, the U.S. Fish and                                                                              be made publicly available at any time.
                                                  Wildlife Service (Service), announce our                on our fact sheet.
                                                                                                                                                                While you can ask us in your comment
                                                  intention to conduct a 5-year status                    What information do we consider in                    to withhold your personal identifying
                                                  review under the Endangered Species                     our review?                                           information from public review, we
                                                  Act of 1973, as amended (ESA), for the                     A 5-year review considers all new                  cannot guarantee that we will be able to
                                                  polar bear (Ursus maritimus). A 5-year                  information available at the time of the              do so.
                                                  status review is based on the best                      review. In conducting these reviews, we
                                                  scientific and commercial data available                                                                      Completed and Active Reviews
                                                                                                          consider the best scientific and
                                                  at the time of the review; therefore, we                commercial data that have become                         A list of all completed and currently
                                                  are requesting submission of                            available since the listing determination             active 5-year reviews addressing species
                                                  information that has become available                   or most recent status review, such as:                for which the Alaskan Region of the
                                                  since the last review of the species in                    (1) The biology of the species,                    Service has lead responsibility is
                                                  2008.                                                   including, but not limited to, population             available at http://www.fws.gov/alaska/
                                                  DATES:  To ensure consideration of your                 trends, distribution, abundance,                      fisheries/endangered/reviews.htm.
                                                  comments in our preparation of this 5-                  demographics, and genetics;                           Authority
                                                  year status review, we must receive your                   (2) Habitat conditions, including, but
                                                  comments and information by December                    not limited to, amount, distribution, and               This document is published under the
                                                  14, 2015. However, we will accept                       suitability;                                          authority of the Endangered Species Act
                                                  information about any species at any                       (3) Conservation measures that have                of 1973, as amended (16 U.S.C. 1531 et
                                                  time.                                                   been implemented that benefit the                     seq.).
                                                  ADDRESSES:    Please submit your                        species;                                                Dated: September 25, 2015.
                                                  information on the current status of the                   (4) Threat status and trends in relation           Karen P. Clark,
                                                  polar bear by one of the following                      to the five listing factors (as defined in            Acting Regional Director, Alaska Region.
                                                  methods:                                                section 4(a)(1) of the Act); and                      [FR Doc. 2015–25977 Filed 10–9–15; 8:45 am]
                                                    • U.S. mail or hand-delivery: Public                     (5) Other new information, data, or
                                                                                                                                                                BILLING CODE 4333–15–P
                                                  Comments Processing, ATTN: FWS–R7–                      corrections, including, but not limited
                                                  ES–2015–0141, U.S. Fish and Wildlife                    to, taxonomic or nomenclatural changes,
                                                  Service, MS: BPHC, 5275 Leesburg Pike,                  identification of erroneous information               DEPARTMENT OF THE INTERIOR
                                                  Falls Church, VA 22041–3803; or                         contained in the List, and improved
                                                    • Federal eRulemaking Portal: http://                 analytical methods.                                   Bureau of Indian Affairs
                                                  www.regulations.gov. Follow the                            Any new information will be
                                                                                                                                                                [156A2100DD/AAKC001030/
                                                  instructions for submitting information                 considered during the 5-year review and
                                                                                                                                                                A0A501010.999900 253G]
                                                  to Docket No. FWS–R7–ES–2015–0141.                      will also be useful in evaluating the
                                                    For more about submitting                             ongoing recovery programs for the                     Albuquerque Indian School District—
                                                  information, see Request for Information                species.                                              Liquor Control Ordinance
                                                  in the SUPPLEMENTARY INFORMATION                        Species Under Review                                  AGENCY:   Bureau of Indian Affairs,
                                                  section, below.                                                                                               Interior.
                                                                                                             Entity listed: Polar bear (Ursus
                                                  FOR FURTHER INFORMATION CONTACT:                        maritimus).                                           ACTION: Notice.
                                                  Hilary Cooley, Polar Bear Lead, Marine                     Where listed: Wherever found.
                                                  Mammals Management, by telephone at                        Classification: Threatened.                        SUMMARY:   This notice publishes the
                                                  907–786–3800. Individuals who are                          Date listed (publication date for final            Albuquerque Indian School District
                                                  hearing impaired or speech impaired                     listing rule): May 15, 2008.                          (AISD) Liquor Control Ordinance. The
                                                  may call the Federal Relay Service at                      Federal Register citation for final                ordinance regulates and controls the
                                                  800–877–8339 for TTY assistance.                        listing rule: 73 FR 28212.                            possession, sale, and consumption of
                                                  SUPPLEMENTARY INFORMATION: We are                                                                             liquor within Albuquerque Indian
                                                                                                          Request for Information                               School (AIS) lands. The ordinance
                                                  initiating a 5-year status review under
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  the ESA for the polar bear (Ursus                         To ensure that a 5-year review is                   allows for the possession and sale of
                                                  maritimus).                                             complete and based on the best                        alcoholic beverages within the
                                                                                                          available scientific and commercial                   jurisdiction of the Albuquerque Indian
                                                  Why do we conduct a 5-year review?                      information, we request new                           School District, the governing entity
                                                    Under the ESA (16 U.S.C. 1531 et                      information from all sources. See What                formed by the 19 Pueblos of New
                                                  seq.), we maintain Lists of Endangered                  Information Do We Consider in Our                     Mexico to establish a governance
                                                  and Threatened Wildlife and Plants                      Review? for specific criteria. If you                 structure for Albuquerque Indian School
                                                  (which we collectively refer to as the                  submit information, please support it                 lands. The ordinance will increase the


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                                                  61444                        Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices

                                                  ability of the AISD to control the                      AISD court means the judicial system                     NMSA 1978 § 60–6E–1 et seq. or a
                                                  distribution and possession of liquor                      for the Albuquerque Indian School                     successor statute, provided that, if the
                                                  within its Indian country, and will                        District established by the Governing                 Oversight Commission adopts AISD
                                                  foster tribal economic development,                        Council pursuant to Article V of the                  standards for the issuance of server
                                                  strengthening tribal government, and                       District Charter;                                     permits, server permit shall mean the
                                                  improving the delivery of services to the               beer means a beverage containing more                    permit issued pursuant to the
                                                  Pueblos.                                                   than one-half percent alcohol by                      Oversight Commission standards;
                                                  DATES: This law is effective October 13,
                                                                                                             volume, obtained by the fermentation                  special event permit means a permit
                                                  2015.                                                      of any infusion or decoction of barley,               authorizing the permit holder to
                                                                                                             malt and hops or other cereals in                     dispense alcoholic beverages by the
                                                  FOR FURTHER INFORMATION CONTACT: Ms.                       water, and includes porter, beer, ale                 drink, excluding package sales, at the
                                                  Patricia Mattingly, Tribal Government                      and stout;                                            location and during the times
                                                  Officer, Southwest Regional Office,                     District or AISD means the Albuquerque                   specified in the permit;
                                                  Bureau of Indian Affairs, 1011 Indian                      Indian School District, and includes               spirituous liquor means distilled or
                                                  School Road, NW., Suite 254,                               all land made subject to the                          rectified spirits, potable alcohol,
                                                  Albuquerque, NM 87104; Telephone:                          Albuquerque Indian School District                    brandy, whiskey, rum, gin and
                                                  (505) 563–3446; Fax: (505) 563–3101, or                    Charter;                                              aromatic bitters or any similar
                                                  Ms. Laurel Iron Cloud, Bureau of Indian                 District Manager means the District                      alcoholic beverage, including blended
                                                  Affairs, Office of Indian Services, 1849                   official identified in Article VII of the             beverages, dilutions or mixtures of
                                                  C Street, NW., MS–4513–MIB,                                District Charter;                                     one or more of the foregoing
                                                  Washington, DC 20240; Telephone:                        Governing Council means the District’s                   containing more than one-half percent
                                                  (202) 513–7641.                                            governing body created by Article II of               alcohol, but excluding medicinal
                                                  SUPPLEMENTARY INFORMATION: Pursuant                        the District Charter;                                 bitters;
                                                  to the Act of August 15, 1953, Public                   liquor includes beer, spirituous liquors,             wine means beverages obtained by the
                                                  Law 83–277, 67 Stat. 586, 18 U.S.C.                        wine, all combinations thereof, and                   fermentation of the natural sugar
                                                  1161, as interpreted by the Supreme                        any other intoxicating beverage                       contained in fruit or other agricultural
                                                  Court in Rice v. Rehner, 463 U.S. 713                      containing alcohol;                                   products, with or without the
                                                  (1983), the Secretary of the Interior shall             minor means any person under the age                     addition of sugar or other products,
                                                  certify and publish in the Federal                         of twenty-one (21) years;                             that do not contain less than one-half
                                                  Register liquor ordinances that have                    Oversight Commission means the body                      percent nor more than twenty-four
                                                  been duly adopted by Tribes for the                        created by Article VI of the District                 percent alcohol by volume.
                                                  purpose of regulating liquor transactions                  Charter;                                              Section 1–1–2. Purpose. The purpose
                                                                                                          package means any container or                        of this Chapter is to establish limitations
                                                  in Indian country. The Albuquerque
                                                                                                             receptacle used for holding liquor for             and standards for the legalization of the
                                                  Indian School lands are Indian country
                                                                                                             purposes of sale or delivery to a                  introduction, sale, purchase, service,
                                                  because they are held in trust by the
                                                                                                             person;                                            possession, and public consumption of
                                                  Federal government for the benefit of
                                                                                                          person means an individual,                           liquor within the District.
                                                  the 19 Pueblos. The Albuquerque Indian
                                                                                                             corporation, firm, partnership, limited               Section 1–1–3. Related Federal and
                                                  School District Governing Council,
                                                                                                             liability company, enterprise or other             State Laws.
                                                  exercising by delegation from the 19
                                                                                                             legal entity;                                         A. For purposes of 18 U.S.C. 1161,
                                                  Pueblos the governing authority over the                public place means highways, roads,                   this Chapter shall be interpreted and
                                                  AIS lands, duly adopted the                                streets, driveways, sidewalks, garages,            applied as constituting the liquor
                                                  Albuquerque Indian School District                         parking areas, stores, other shopping              ordinance adopted under the authority
                                                  Liquor Control Ordinance by Resolution                     areas, government buildings, schools,              of the Indian Pueblos having
                                                  No. GC2013–03 on July 24, 2013.                            churches, public meeting halls,                    jurisdiction over the District.
                                                     This notice is published in                             restaurants, theaters, lobbies and                    B. For purposes of the exemption
                                                  accordance with the authority delegated                    hallways of office buildings, open                 from the New Mexico Liquor Control
                                                  by the Secretary of the Interior to the                    spaces, all means of public                        Act provided by NMSA 1978 § 60–3A–
                                                  Assistant Secretary—Indian Affairs. I                      conveyance, depots, waiting rooms,                 5(D), this Chapter shall be interpreted
                                                  certify that the Albuquerque Indian                        bus stops, publicly or school-owned                and applied as constituting the law of
                                                  School District Governing Council duly                     parks and/or playgrounds, and any                  the Indian Pueblos authorizing the sale,
                                                  adopted the Albuquerque Indian School                      other location that is generally open              service, possession or public
                                                  District Liquor Control Ordinance by                       to and used by the public, including               consumption of liquor within the
                                                  Resolution No. GC2013–03 on July 24,                       the grounds thereof;                               boundaries of the District, on the terms
                                                  2013.                                                   purchase means any purchase,                          and conditions stated in this Chapter.
                                                    Dated: October 5, 2015.                                  exchange, barter, traffic, or other                   Section 1–1–4. AISD Liquor License.
                                                  Kevin K. Washburn,                                         receipt of liquor by any person, with                 A. Governing Council Authorization.
                                                  Assistant Secretary—Indian Affairs.                        or without consideration, by any                   Any person qualified to hold a liquor
                                                                                                             means whatsoever;                                  license under this Chapter may be
                                                  The Albuquerque Indian School District
                                                                                                          sale means any sale, exchange, barter,                authorized to engage in the wholesale
                                                  Liquor Control Ordinance shall read as
                                                                                                             traffic, donation, distribution, serving,          purchase, retail sale, or retail
                                                  follows:
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                                                                                                             or supplying of liquor by any person,              distribution of liquor within the District
                                                  TITLE 1. BUSINESS REGULATION                               with or without consideration, by any              upon terms and conditions approved by
                                                  CHAPTER 1. LIQUOR CONTROL                                  means whatsoever;                                  resolution of the Governing Council and
                                                                                                          server permit means an alcoholic                      consistent with this Chapter. Any
                                                    Section 1–1–1. Definitions. As used in                   beverage server permit issued by the               person granted such approval will be
                                                  this Chapter the following definitions                     state of New Mexico pursuant to the                deemed to hold an AISD liquor license.
                                                  shall apply unless the context clearly                     Alcohol Server Education Article of                   B. Contents of License. The license
                                                  indicates otherwise:                                       the New Mexico Liquor Control Act,                 shall specify whether the licensee is


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                                                                               Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices                                         61445

                                                  authorized to make package sales, sales                 authorizing sales by the drink on the                    (6) The permittee shall be subject to
                                                  by the drink for consumption on the                     licensed premises.                                    all District laws and regulations
                                                  licensed premises, or both. The license                    I. Investigations. An applicant for a              regulating the sale of liquor by the
                                                  shall specify what types of liquor the                  liquor license and a person to whom a                 drink.
                                                  licensee is authorized to sell and shall                liquor license has been granted shall                    Section 1–1–5. Server Permit.
                                                  identify the licensed premises within                   comply with all administrative                           A. Servers. Every person directly
                                                  which sales are authorized.                             subpoenas issued by the District                      involved in selling, dispensing, or
                                                     C. License Revocation. The Governing                 Manager pursuant to Section 1–1–10. If                serving liquor within the District shall
                                                  Council has the authority to revoke an                  an applicant or licensee, or any                      have a current and valid server permit
                                                  AISD liquor license for any violation of                employee or principal of an applicant or              in his/her possession when engaged in
                                                  this Chapter or other law applicable to                 licensee, refuses or fails to comply with             such activity.
                                                  the licensed person, including the tax                  a subpoena issued by the District                        B. Retailers. Any person authorized
                                                  ordinances enacted by the Governing                     Manager, that person’s application or                 by this Chapter to sell liquor within the
                                                  Council.                                                license may be suspended, revoked, or                 District shall not employ or engage any
                                                     D. Source of Liquor. The person                      denied by the Governing Council, based                person to sell, dispense or serve liquor
                                                  granted an AISD liquor license must                     solely upon such failure or refusal.                  within the District unless that person
                                                  purchase all liquor sold within the                        J. Special Event Permit.                           holds a current and valid server permit.
                                                  District from a person licensed by the                     (1) Public Events. Any person holding                 C. Standards. The Oversight
                                                  state of New Mexico to sell liquor at                   a license under this chapter authorizing              Commission is authorized, but not
                                                  wholesale.                                              sales of liquor by the drink within the               required, to establish District standards
                                                                                                          licensed premises may dispense liquor                 and requirements under this Chapter for
                                                     E. Revocable Privilege. A liquor
                                                                                                          at a special public event located outside             obtaining and retaining a server permit;
                                                  license granted by the Governing
                                                                                                          of the licensed premises upon receiving               provided that any such standards and
                                                  Council is a revocable privilege, and no
                                                                                                          a permit from the Oversight                           requirements shall be at least as
                                                  person holding a liquor license shall be
                                                                                                          Commission with the concurrence of the                stringent as the requirements applicable
                                                  deemed to have acquired any vested
                                                                                                          Chairman and Vice Chairman of the                     outside the District imposed by the
                                                  property rights in or under the license.
                                                                                                          Governing Council of the District and                 Alcohol Server Education Article of the
                                                     F. Term. Each liquor license shall be                upon the payment of the permit fee
                                                  issued or renewed for the term fixed by                                                                       New Mexico Liquor Control Act, NMSA
                                                                                                          fixed by the Oversight Commission. As                 1978 § 60–6E–1 et seq. or a successor
                                                  the Governing Council.                                  used in this subsection, ‘‘special public
                                                     G. Qualifications.                                                                                         statute.
                                                                                                          event’’ includes any fair, cultural or                   Section 1–1–6. Right to Require Proof
                                                     (1) An application for a liquor license              artistic performance, athletic                        of Age; Right to Refuse Sale.
                                                  constitutes a request that the Governing                competition of a seasonal nature, or                     A. Proof of Age. Any person
                                                  Council make a decision on the                          other event held on an intermittent                   authorized by this Chapter to sell liquor
                                                  applicant’s general suitability, character,             basis. The permit shall be valid for no               within the District shall have the
                                                  integrity, and ability to import, sell,                 longer than the duration of the special               authority to require any person
                                                  dispense, or distribute liquor within the               public event.                                         purchasing or desiring to purchase
                                                  District in conformity with this Chapter.                  (2) Private Events. Any person                     liquor to produce proper evidence of age
                                                     (2) An applicant for a liquor license                holding a license under this chapter                  and identity before making any sale of
                                                  and a person to whom a liquor license                   authorizing sales of liquor by the drink              liquor to such person.
                                                  has been granted shall at all times bear                within the licensed premises may                         B. Refusing to Sell. Any person
                                                  the burden of proving its qualification to              dispense liquor at a private event                    authorized by this Chapter to sell liquor
                                                  hold a liquor license.                                  located outside of the licensed premises              within the District shall have the
                                                     (3) No liquor license shall be issued                and catered by the licensee upon                      authority to refuse to sell liquor to any
                                                  to or held by a person who has been                     receiving a permit from the Oversight                 person who is unable to produce proof
                                                  convicted of two or more violations of                  Commission with the concurrence of the                of age and identity.
                                                  this Chapter in a twelve month period,                  Chairman and Vice Chairman of the                        Section 1–1–7. Liability Insurance.
                                                  or whose liquor license (issued by any                  Governing Council of the District and                    A. General Public Liability. Any
                                                  jurisdiction) has been revoked at any                   upon the payment of the permit fee                    person authorized by this Chapter to sell
                                                  time. If a person who owns ten percent                  fixed by the Oversight Commission. The                liquor within the District shall obtain
                                                  (10%) or more of the ownership                          permit shall be valid for no more than                general public liability insurance in an
                                                  interests in the entity holding an AISD                 twelve hours.                                         amount not less than one million dollars
                                                  liquor license is disqualified to hold the                 (3) The person holding a license to                ($1,000,000) per occurrence, or such
                                                  liquor license under this Section 1–1–                  sell liquor by the drink and its                      higher amount set by resolution of the
                                                  4(G)(3), then the entity is also                        employees shall be the only persons                   Governing Council.
                                                  disqualified to hold an AISD liquor                     permitted to dispense liquor during the                  B. Dram Shop Liability. If the
                                                  license.                                                function for which the special event                  Governing Council, the AISD court, or
                                                     (4) The person holding an AISD liquor                permit was issued.                                    another court with jurisdiction to do so
                                                  license must have the character,                           (4) Issuance of the special event                  imposes dram shop liability on a person
                                                  integrity, financial ability, and business              permit is within the discretion of the                authorized to engage in the sale of
                                                  skills necessary to acquire, sell,                      Oversight Commission.                                 liquor within the District, the licensed
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                                                  dispense, or distribute liquor within the                  (5) The special event permit shall                 person shall obtain insurance adequate
                                                  District in conformity with this Chapter.               identify the location where the special               to cover such liability, in such amount
                                                     H. License Fee. The Governing                        event will take place, the hours and                  set by resolution of the Governing
                                                  Council shall by resolution establish the               days during which the permit is in                    Council.
                                                  amount of the license fee required for                  effect, and the types of liquor that may                 Section 1–1–8. Terms and Conditions
                                                  issuance or renewal of a liquor license                 be dispensed under authority of the                   of Sales.
                                                  authorizing package sales and for                       permit. The permit shall not authorize                   A. Election Day. Sale of liquor is
                                                  issuance or renewal of a liquor license                 package sales of liquor.                              allowed on any state or federal Election


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                                                  61446                        Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices

                                                  Day only to the same extent allowed by                  requirements of, a current and valid                  eligibility to obtain or hold a liquor
                                                  state and municipal law within the                      AISD liquor license and any applicable                license or permit, as applicable,
                                                  boundaries of the City of Albuquerque.                  special event permit.                                    (2) impose civil penalties under
                                                     B. Hours for Sales for Consumption                      D. Unauthorized Purchase. No person                Section 1–1–11,
                                                  on Licensed Premises. Liquor shall be                   shall knowingly purchase any liquor                      (3) issue written demands to comply
                                                  sold by the drink, served, and consumed                 from a person who is not authorized to                with this Chapter or any requirement of
                                                  on the licensed premises only during                    sell the liquor pursuant to a current and             a liquor license or permit,
                                                  the same hours and days allowed by the                  valid AISD liquor license.                               (4) issue administrative subpoenas
                                                  laws of the State of New Mexico and the                    E. Sale Outside Licensed Premises. No              requiring the production of relevant
                                                  City of Albuquerque in effect from time                 person selling liquor under the                       records, books, information, evidence or
                                                  to time.                                                authority of a current and valid AISD                 other documents and/or the presence
                                                     C. Hours for Package Sales. Liquor                   liquor license or special event permit                and testimony of any person relating to
                                                  shall be sold in unbroken packages, for                 shall sell any liquor outside the                     any matter under consideration or
                                                  consumption off the licensed premises                   boundaries of the premises identified in              investigation by the District Manager
                                                  and not for resale, only during the same                the liquor license or the applicable                  under this Section 1–1–10,
                                                  hours and days allowed by the laws of                   permit.                                                  (5) suspend a liquor license for up to
                                                  the State of New Mexico and the City of                    F. Sale to Intoxicated Person. No                  forty-five (45) days for any violation of
                                                  Albuquerque in effect from time to time.                person selling liquor under the                       this Chapter,
                                                     D. Cash Sales. All sales of liquor shall             authority of a current and valid AISD                    (6) perform such other actions that are
                                                  be for cash, check, money order, debit                  liquor license shall sell any liquor to               reasonably necessary and proper to
                                                  card, or credit card, and no credit shall               any person who the seller has reason to               carry out the authority granted by this
                                                  otherwise be extended to any person for                 believe is intoxicated.                               Section 1–1–10.
                                                  the purchase price of liquor.                                                                                    B. Oversight Commission. A person
                                                                                                             G. Sale for Resale. No person selling
                                                     E. Sales for Personal Use; Resale                                                                          adversely affected by an act or failure to
                                                                                                          liquor under the authority of a current
                                                  Prohibited. All sales of liquor                                                                               act of the District Manager in the
                                                                                                          and valid AISD liquor license shall sell
                                                  authorized by this Chapter shall be                                                                           administration of this Chapter,
                                                                                                          liquor with knowledge that the liquor
                                                  retail sales for the personal use of the                                                                      including suspension of a liquor license,
                                                                                                          will be resold, either within or outside
                                                  purchaser and shall not be for the                                                                            may seek review of the District
                                                                                                          the District.
                                                  purpose of resale, whether or not the                                                                         Manager’s conduct by the Oversight
                                                                                                             H. Purchase for Resale. No person                  Commission, pursuant to procedural
                                                  resale is for profit or in the original                 shall purchase liquor with the intention
                                                  container.                                                                                                    rules adopted by the Oversight
                                                                                                          of reselling the liquor, within or outside            Commission. The Oversight
                                                     F. Licensed Premises. All sales of                   the District.
                                                  liquor authorized by this Chapter shall                                                                       Commission may affirm, reverse, or
                                                                                                             I. Drinking in Public Places. No                   modify the action of the District
                                                  take place only within the licensed
                                                                                                          person shall drink any liquor in a public             Manager.
                                                  premises identified in the seller’s liquor
                                                                                                          place that is not part of the licensed                   C. Governing Council. A person
                                                  license or any applicable special event
                                                                                                          premises under a current and valid                    adversely affected by a decision of the
                                                  permit.
                                                                                                          AISD liquor license or special event                  Oversight Commission may appeal that
                                                     G. Participation by Minors Prohibited.
                                                                                                          permit.                                               action to the Governing Council;
                                                  All handling, stocking, possession, and
                                                                                                             J. Open Containers Prohibited. No                  provided that a written notice of appeal
                                                  sale of liquor shall be conducted only by
                                                                                                          person shall have an open container of                must be filed with the Secretary of the
                                                  persons twenty-one (21) years of age or
                                                                                                          liquor in a public place that is not part             Governing Council within ten (10)
                                                  older. Proof of age must be shown by a
                                                                                                          of the licensed premises under a current              business days of the action being
                                                  current and valid government-issued
                                                                                                          and valid AISD liquor license or special              appealed. The Governing Council shall
                                                  driver’s license or other government-
                                                                                                          event permit; or shall possess an open                review the appeal based on the
                                                  issued form of identification that
                                                                                                          container of liquor in or on a vehicle.               administrative record and may conduct
                                                  contains birth date and photo of the
                                                  holder of the license or identification.                   K. False Identification. No person                 such further hearings or other
                                                     H. Compliance with Section 9. All                    shall attempt to purchase liquor through              proceedings as it deems appropriate.
                                                  liquor sales shall be conducted in strict               the use of false or altered identification            The decision of the Governing Council
                                                  compliance with Section 1–1–9.                          which falsely purports to show the                    is final and is not subject to review by
                                                     I. No Public Nuisance. All liquor sales              individual to be over the age of twenty-              any court or other body.
                                                  shall be conducted in a manner that                     one (21) years.                                          Section 1–1–11. Penalties.
                                                  prevents the creation of a public                          L. Drinking on Premises of Package                    A. Civil Penalty. Any person who
                                                  nuisance on or near the licensed                        Store. No person shall consume liquor                 knowingly violates any provision of this
                                                  premises.                                               on the licensed premises of a facility                Chapter shall be subject to a civil
                                                     Section 1–1–9. Civil Offenses. The                   that is authorized only to sell liquor for            assessment of not less than five hundred
                                                  following conduct is prohibited within                  consumption off the licensed premises.                dollars ($500) and not more than ten
                                                  the District:                                              Section 1–1–10. Administration.                    thousand dollars ($10,000) for each
                                                     A. Sales to Minors. No person shall                     A. District Manager. The District                  violation.
                                                  sell any liquor to any person under the                 Manager is hereby granted                                B. Criminal Prosecution. The
                                                  age of twenty-one (21) years.                           administrative authority to perform the               imposition of civil penalties under this
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                                                     B. Purchase or Possession by Minors.                 following actions relating to liquor                  Chapter shall not bar prosecution and
                                                  No person under the age of twenty-one                   licenses and special event permits                    conviction of a person who violates any
                                                  (21) years shall purchase, attempt to                   issued under the authority of this                    criminal law applicable within the
                                                  purchase, possess, or consume any                       Chapter, subject to review by the                     District.
                                                  liquor.                                                 Oversight Commission:                                    Section 1–1–12. Sovereign Immunity
                                                     C. Unauthorized Sale. No person shall                   (1) investigate applicants for a liquor            Reserved. Nothing in this Chapter shall
                                                  sell any liquor except under the                        license or permit and holders of a liquor             be construed as a waiver of the
                                                  authority of, and in conformity with all                license or permit to ensure their                     sovereign immunity of the District.


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                                                                                        Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices                                                                                     61447

                                                    Section 1–1–13. Amendments. This                                          Mail: U.S. Department of the Interior,                                 ways to enhance the quality, utility and
                                                  Chapter may be amended by the                                             Bureau of Land Management, 1849 C                                        clarity of the information collection; and
                                                  Governing Council, subject to approval                                    Street NW., Room 2134LM, Attention:                                      (4) ways to minimize the information
                                                  by the Secretary of the Interior or the                                   Jean Sonneman, Washington, DC 20240.                                     collection burden on respondents, such
                                                  Secretary’s designee.                                                       Fax: to Jean Sonneman at 202–245–                                      as use of automated means of collection
                                                    Section 1–1–14. Effective Date. This                                    0050.                                                                    of the information. A summary of the
                                                  Chapter shall be in effect upon the date                                    Electronic mail: jesonnem@blm.gov.                                     public comments will accompany our
                                                  of publication in the Federal Register by                                   Please indicate ‘‘Attn: 1004–0058’’                                    submission of the information collection
                                                  the Secretary of the Interior or the                                      regardless of the form of your                                           requests to OMB.
                                                  Secretary’s designee.                                                     comments.                                                                  Before including your address, phone
                                                  [FR Doc. 2015–26021 Filed 10–9–15; 08:45 am]                              FOR FURTHER INFORMATION CONTACT:                                         number, email address, or other
                                                  BILLING CODE 4337–15–P                                                    Michael Bechdolt at 202–912–7234.                                        personal identifying information in your
                                                                                                                            Persons who use a telecommunication                                      comment, you should be aware that
                                                                                                                            device for the deaf may call the Federal                                 your entire comment—including your
                                                  DEPARTMENT OF THE INTERIOR                                                Information Relay Service at 1–800–                                      personal identifying information—may
                                                                                                                            877–8339, to leave a message for Mr.                                     be made publicly available at any time.
                                                  Bureau of Land Management
                                                                                                                            Bechdolt.                                                                While you can ask us in your comment
                                                  [LLWO220000 L63100000.PH0000 16X]
                                                                                                                            SUPPLEMENTARY INFORMATION:     OMB                                       to withhold your personal identifying
                                                                                                                            regulations at 5 CFR part 1320, which                                    information from public review, we
                                                  Renewal of Approved Information                                                                                                                    cannot guarantee that we will be able to
                                                  Collection; Control Number 1004–0058                                      implement provisions of the Paperwork
                                                                                                                            Reduction Act, 44 U.S.C. 3501–3521,                                      do so.
                                                  AGENCY:   Bureau of Land Management,                                      require that interested members of the                                     The following information pertains to
                                                  Interior.                                                                 public and affected agencies be given an                                 this request:
                                                  ACTION: 60-Day notice and request for                                     opportunity to comment on information                                      Title: Timber Export Reporting and
                                                  comments.                                                                 collection and recordkeeping activities                                  Substitution Determination (43 CFR part
                                                                                                                            (see 5 CFR 1320.8 (d) and 1320.12(a)).                                   5420)
                                                  SUMMARY:   In compliance with the                                         This notice identifies an information                                      OMB Control Number: 1004–0058.
                                                  Paperwork Reduction Act, the Bureau of                                    collection that the BLM plans to submit
                                                  Land Management (BLM) invites public                                                                                                                 Summary: This collection of
                                                                                                                            to OMB for approval. The Paperwork                                       information collection pertains to
                                                  comments on, and plans to request                                         Reduction Act provides that an agency
                                                  approval to continue, the collection of                                                                                                            compliance of Federal timber purchases
                                                                                                                            may not conduct or sponsor a collection                                  with timber export restrictions.
                                                  information that enables the BLM to
                                                                                                                            of information unless it displays a                                        Frequency of Collection: On occasion.
                                                  monitor compliance with timber export
                                                                                                                            currently valid OMB control number.
                                                  restrictions. The Office of Management                                                                                                               Forms:
                                                                                                                            Until OMB approves a collection of
                                                  and Budget (OMB) has assigned control                                                                                                              • 5450–17, Export Determination; and
                                                                                                                            information, you are not obligated to
                                                  number 1004–0058 to this information
                                                  collection.
                                                                                                                            respond.                                                                 • 5460–17, Substitution Determination.
                                                                                                                              The BLM will request a 3-year term of
                                                  DATES: Please submit comments on the                                                                                                                 Description of Respondents:
                                                                                                                            approval for this information collection
                                                  proposed information collection by                                                                                                                 Purchasers of Federal timber.
                                                                                                                            activity. Comments are invited on: (1)
                                                  December 14, 2015.                                                        The need for the collection of                                             Estimated Annual Responses: 2.
                                                  ADDRESSES: Comments may be                                                information for the performance of the                                     Estimated Annual Burden Hours: 2.
                                                  submitted by mail, fax, or electronic                                     functions of the agency; (2) the accuracy                                  The estimated burdens are itemized in
                                                  mail.                                                                     of the agency’s burden estimates; (3)                                    the following table:

                                                                                                                                                                                                     Number of            Time per                Total hours
                                                                                                           Type of response                                                                                               response               (Column B ×
                                                                                                                                                                                                     responses              (hour)                Column C)

                                                                                                                       A.                                                                               B.                      C.                   D.

                                                  Form 5450–17 Export Determination ..........................................................................................                                   1                 1 hour                   1
                                                  Form 5460–17 Substitution Determination ..................................................................................                                     1                 1 hour                   1

                                                       Totals ....................................................................................................................................               2    ........................              2


                                                  Jean Sonneman,
                                                  Bureau of Land Management, Information
                                                  Collection Clearance Officer.
                                                  [FR Doc. 2015–25987 Filed 10–9–15; 8:45 am]
                                                  BILLING CODE 4310–84–P
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Document Created: 2018-02-27 08:47:37
Document Modified: 2018-02-27 08:47:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThis law is effective October 13, 2015.
ContactMs. Patricia Mattingly, Tribal Government Officer, Southwest Regional Office, Bureau of Indian Affairs, 1011 Indian School Road, NW., Suite 254, Albuquerque, NM 87104; Telephone: (505) 563-3446; Fax: (505) 563-3101, or Ms. Laurel Iron Cloud, Bureau of Indian Affairs, Office of Indian Services, 1849 C Street, NW., MS-4513-MIB, Washington, DC 20240; Telephone: (202) 513- 7641.
FR Citation80 FR 61443 

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