80_FR_77608 80 FR 77369 - Enterprise Rancheria of Maidu Indians of California Liquor Control Statute

80 FR 77369 - Enterprise Rancheria of Maidu Indians of California Liquor Control Statute

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 80, Issue 239 (December 14, 2015)

Page Range77369-77371
FR Document2015-31313

This notice publishes the liquor control ordinance of the Enterprise Rancheria of Maidu Indians of California. The liquor control statute regulates and controls the possession, sale, manufacture, and distribution of alcohol in conformity with the laws of the State of California.

Federal Register, Volume 80 Issue 239 (Monday, December 14, 2015)
[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Notices]
[Pages 77369-77371]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31313]



[[Page 77369]]

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[156A2100DD/AAKC001030/A0A501010.999900.253G]


Enterprise Rancheria of Maidu Indians of California Liquor 
Control Statute

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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

SUMMARY: This notice publishes the liquor control ordinance of the 
Enterprise Rancheria of Maidu Indians of California. The liquor control 
statute regulates and controls the possession, sale, manufacture, and 
distribution of alcohol in conformity with the laws of the State of 
California.

DATES: This code shall become effective December 14, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Harley Long, Tribal Government 
Officer, Pacific Regional Office, Bureau of Indian Affairs, 2800 
Cottage Way, Sacramento, California 95825, Telephone: (916) 978-6000, 
Fax: (916) 978-6099; or Ms. Laurel Iron Cloud, Chief, Division of 
Tribal Government Services, Office of Indian Services, Bureau of Indian 
Affairs, 1849 C Street NW., MS-4513-MIB, Washington, DC 20240, 
Telephone: (202) 513-7641.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, 
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the 
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of 
the Interior shall certify and publish in the Federal Register notice 
of adopted liquor control ordinances for the purpose of regulating 
liquor transactions in Indian country. The Enterprise Rancheria of 
Maidu Indians of California Tribal Council duly adopted the Enterprise 
Rancheria of Maidu Indians of California Liquor Control Statute on 
April 10, 2015.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs. I certify that the Enterprise Rancheria of Maidu Indians of 
California Tribal Council duly adopted by Resolution the Enterprise 
Rancheria of Maidu Indians of California Liquor Control Statute by 
Resolution No. 15-05 on April 10, 2015.

    Dated: December 3, 2015.
Kevin Washburn,
Assistant Secretary--Indian Affairs.

Enterprise Rancheria of Maidu Indians of California Liquor Control 
Statue shall read as follows:

ARTICLE ONE

INTRODUCTION

Section 1. Authority
    This Statute is enacted pursuant to the Act of August 15, 1953 
(Pub. L. 83-277, 67 Stat. 586, 18 U.S.C. 1161) and by powers vested in 
the Tribal Council of the Estom Yumeka Maidu Tribe of the Enterprise 
Rancheria (``Tribal Council'') to develop, adopt and enforce statutes 
as authorized under Article VI, Section 3 of the Constitution of the 
Enterprise Rancheria--Estom Yumeka Maidu, approved May 5, 1996 and 
revised as of October 29, 2003.
Section 2. Purpose
    The purpose of this Statute is to regulate and control the 
possession, sale, manufacture and distribution of liquor within Tribal 
Trust Lands, in order to permit alcohol sales by tribally owned and 
operated enterprises and private lessees, and at tribally approved 
special events. Enactment of a liquor control statute will help provide 
a source of revenue for the continued operation of the tribal 
government, the delivery of governmental services, and the economic 
viability of tribal enterprises.
Section 3. Short Title
    This Statute shall be known and cited as the ``Liquor Control 
Statute.''
Section 4. Jurisdiction
    This Statute shall apply to all lands now or in the future under 
the governmental authority of the Tribe, including Tribal Trust Lands.
Section 5. Application of 18 U.S.C. 1161
    By adopting this Statute, the Tribe hereby regulates the sale, 
manufacturing, distribution, and consumption of liquor while ensuring 
that such activity conforms with all applicable laws of the State of 
California as required by 18 U.S.C. 1161 and the United States.
Section 6. Declaration of Public Policy; Findings
    The Tribal Council enacts this Statute, based upon the following 
findings:
    (a) The distribution, possession, consumption and sale of liquor on 
the Tribe's Reservation is a matter of special concern to the Tribe.
    (b) The Tribe is the beneficial owner of Tribal Trust Lands, upon a 
portion of which the Tribe plans to construct and operate a gaming 
facility and related entertainment and lodging facilities.
    (c) The Tribe's gaming facility will serve as an integral and 
indispensable part of the Tribe's economy, providing revenue to the 
Tribe's government and employment to tribal citizens and others in the 
local community.
    (d) Federal law, as codified at 18 U.S.C. 1154 and 1161, currently 
prohibits the introduction of liquor into Indian country, except in 
accordance with State law and the duly enacted law of the Tribe.
    (e) The Tribe recognizes the need for strict control and regulation 
of liquor transactions on Tribal Trust Lands because of potential 
problems associated with the unregulated or inadequate regulated sale, 
possession, distribution, and consumption of liquor.
    (f) Regulating the possession, sale, distribution and manufacture 
of liquor within Tribal Trust Lands is also consistent with the Tribe's 
interest in ensuring the peace, safety, health, and general welfare of 
the Tribe and its citizens.
(g) Tribal control and regulation of liquor on Tribal Trust Lands is 
consistent with the Tribe's custom and tradition of controlling the 
possession and consumption of liquor on tribal lands and at tribal 
events.
(h) The purchase, distribution, and sale of liquor on Tribal Trust 
Lands shall take place only at duly licensed (i) tribally owned 
enterprises, (ii) other enterprises operating pursuant to a lease with 
the Tribe, and (iii) tribally-sanctioned events.
(i) The sale or other commercial manufacture or distribution of liquor 
on Tribal Trust Lands, other than sales, manufacture, and distributions 
made in strict compliance with this Statute, is detrimental to the 
health, safety, and general welfare of the citizens of the Tribe, and 
is prohibited.

ARTICLE TWO

DEFINITIONS

Section 1. Definitions
    As used in this Statute, the terms below are defined as follows:
    (a) Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirit 
of wine, in any form, and regardless of source or the process used for 
its production.
    (b) Alcoholic beverage means all alcohol, spirits, liquor, wine, 
beer and any liquid or solid containing alcohol, spirits, liquor, wine, 
or beer, and which contains one-half of one percent or more of alcohol 
by volume and that is fit for human consumption, either alone or when 
diluted, mixed, or combined with any other substance(s).
    (c) Compact means a Tribal-State compact between the State and the 
Tribe that governs the conduct of class III gaming activities on that 
portion of

[[Page 77370]]

the Tribal Trust Lands recognized as ``Indian lands'' pursuant to the 
Indian Gaming Regulatory Act, 25 U.S.C. 2701, et seq., or such other 
procedures prescribed by the Secretary under the Act pursuant to 25 
U.S.C. 2710(d)(7)(B)(vii).
    (d) License means, unless otherwise stated, a license issued by the 
Tribe in accordance with this Statute.
    (e) Liquor means any alcoholic beverage, as defined under this 
Section.
    (f) Person means any individual or entity, whether Indian or non-
Indian, receiver, assignee, trustee in bankruptcy, trust, estate, firm, 
corporation, partnership, joint corporation, association, society, or 
any group of individuals acting as a unit, whether mutual, cooperative, 
fraternal, non-profit or otherwise, and any other Indian tribe, band or 
group. The term shall also include the businesses of the Tribe.
    (g) Sale and sell means the transfer for consideration of any kind, 
including by exchange or barter.
    (h) Secretary means the Secretary of the United States Department 
of the Interior.
    (i) State means the State of California.
    (j) Tribal Trust Lands means and includes all lands held by the 
United States in trust for the Tribe now or in the future.
    (k) Tribe means the Estom Yumeka Maidu Tribe of the Enterprise 
Rancheria, a federally recognized Indian tribe, listed in the Federal 
Register as ``Enterprise Rancheria of Maidu Indians of California.''

ARTICLE THREE

LIQUOR SALES, POSSESSION, & MANUFACTURE

Section 1. Possession of Alcohol
    The introduction and possession of alcoholic beverages shall be 
lawful within Tribal Trust Lands; provided that such introduction or 
possession is in conformity with the laws of the State.
Section 2. Retail Sales of Alcohol
    The sale of alcoholic beverages shall be lawful within Tribal Trust 
Lands; provided that such sales are in conformity with the laws of the 
State and are made pursuant to a license issued by the Tribe.
Section 3. Manufacture of Alcohol
    The manufacture of beer and wine shall be lawful within Tribal 
Trust Lands, provided that such manufacture is in conformity with the 
laws of the State and pursuant to a license issued by the Tribe.
Section 4. Age Limits
    The legal age for possession or consumption of alcohol within 
Tribal Trust Lands shall be the same as that of the State, which is 
currently 21 years. No person under the age of 21 years shall purchase, 
possess or consume any alcoholic beverage. If there is any conflict 
between State law and the terms of the Compact, if any, regarding the 
age limits for alcohol possession or consumption, the age limits in the 
Compact shall govern for purposes of this Statute.

ARTICLE FOUR

LICENSING

Section 1. Licensing
    The Tribal Council shall have the power to establish procedures and 
standards for tribal licensing of liquor sales within Tribal Trust 
Lands, including the setting of a license fee schedule, and shall have 
the power to publish and enforce such standards; provided that no 
tribal license shall issue except upon showing of satisfactory proof 
that the applicant is duly licensed by the State. The fact that an 
applicant for a tribal license possesses a license issued by the State 
shall not provide the applicant with an entitlement to a tribal 
license. The Tribal Council may in its discretion set standards which 
are more, but in no case less, stringent than those of the State.

ARTICLE FIVE

ENFORCEMENT

Section 1. Enforcement
    The Tribal Council shall have the power to develop, enact, 
promulgate and enforce regulations as necessary for the enforcement of 
this Statute and to protect the public health, welfare and safety of 
the Tribe, provided that all such regulations shall conform to and not 
be in conflict with any applicable tribal, federal or state law. 
Regulations enacted pursuant to this Statute may include provisions for 
suspension or revocation of tribal liquor licenses, reasonable search 
and seizure provisions, and civil and criminal penalties for violations 
of this Statute to the full extent permitted by federal law and 
consistent with due process.
    Tribal law enforcement personnel and security personnel duly 
authorized by the Tribal Council shall have the authority to enforce 
this Statute by confiscating any liquor sold, possessed, distributed, 
manufactured or introduced within Tribal Trust Lands in violation of 
this Statute or of any regulations duly adopted pursuant to this 
Statute.
    The Tribal Council shall have the exclusive jurisdiction to hold 
hearings on violations of this Statute and any procedures or 
regulations adopted pursuant to this Statute; to promulgate appropriate 
procedures governing such hearings; to determine and enforce penalties 
or damages for violations of this Statute; and to delegate to a 
subordinate hearing officer or panel the authority to take any or all 
of the foregoing actions on its behalf.

ARTICLE SIX

TAXES

Section 1. Taxation
    Nothing contained in this Statute is intended to, nor does in any 
way, limit or restrict the Tribe's ability to impose any tax upon the 
sale or consumption of alcohol. The Tribe retains the right to impose 
such taxes by appropriate statute to the full extent permitted by 
federal law.

ARTICLE SEVEN

MISCELLANEOUS PROVISIONS

Section 1. Sovereign Immunity Preserved
    Nothing contained in this Statute is intended to, nor does in any 
way, limit, alter, restrict, or waive the sovereign immunity of the 
Tribe or any of its agencies, agents or officials from unconsented suit 
or action of any kind.
Section 2. Conformance with Applicable Laws
    All acts and transactions under this Statute shall be in conformity 
with the Compact, if any, and laws of the State to the extent required 
by 18 U.S.C. 1161 and with all Federal laws regarding alcohol in Indian 
Country.
Section 3. Effective Date
    This Statute shall be effective as of the date on which the 
Secretary certifies this Statute and publishes the same in the Federal 
Register.
Section 4. Repeal of Prior Acts
    All prior enactments of the Tribal Council, including tribal 
resolutions, policies, regulations, or statutes pertaining to the 
subject matter set forth in this Statute are hereby rescinded.
Section 5. Amendments
    This Statute may only be amended pursuant to an amendment duly 
enacted by the Tribal Council and certification by the Secretary and 
publication in the Federal Register, if required.

[[Page 77371]]

Section 6. Severability and Savings Clause
    If any part or provision of this Statute is held invalid, void, or 
unenforceable by a court of competent jurisdiction, such adjudication 
shall not be held to render such provisions inapplicable to other 
persons or circumstances. Further, the remainder of the Statute shall 
not be affected and shall continue to remain in full force and effect.

[FR Doc. 2015-31313 Filed 12-11-15; 8:45 am]
 BILLING CODE 4337-15-P



                                                                             Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Notices                                           77369

                                                  DEPARTMENT OF THE INTERIOR                              ARTICLE ONE                                           revenue to the Tribe’s government and
                                                                                                          INTRODUCTION                                          employment to tribal citizens and others
                                                  Bureau of Indian Affairs                                                                                      in the local community.
                                                                                                          Section 1. Authority                                     (d) Federal law, as codified at 18
                                                  [156A2100DD/AAKC001030/                                   This Statute is enacted pursuant to                 U.S.C. 1154 and 1161, currently
                                                  A0A501010.999900.253G]                                  the Act of August 15, 1953 (Pub. L. 83–               prohibits the introduction of liquor into
                                                                                                          277, 67 Stat. 586, 18 U.S.C. 1161) and                Indian country, except in accordance
                                                  Enterprise Rancheria of Maidu Indians                   by powers vested in the Tribal Council                with State law and the duly enacted law
                                                  of California Liquor Control Statute                    of the Estom Yumeka Maidu Tribe of the                of the Tribe.
                                                                                                          Enterprise Rancheria (‘‘Tribal Council’’)                (e) The Tribe recognizes the need for
                                                  AGENCY:   Bureau of Indian Affairs,                                                                           strict control and regulation of liquor
                                                  Interior.                                               to develop, adopt and enforce statutes as
                                                                                                          authorized under Article VI, Section 3                transactions on Tribal Trust Lands
                                                  ACTION: Notice.                                                                                               because of potential problems
                                                                                                          of the Constitution of the Enterprise
                                                                                                          Rancheria—Estom Yumeka Maidu,                         associated with the unregulated or
                                                  SUMMARY:   This notice publishes the                                                                          inadequate regulated sale, possession,
                                                  liquor control ordinance of the                         approved May 5, 1996 and revised as of
                                                                                                          October 29, 2003.                                     distribution, and consumption of liquor.
                                                  Enterprise Rancheria of Maidu Indians                                                                            (f) Regulating the possession, sale,
                                                  of California. The liquor control statute               Section 2. Purpose                                    distribution and manufacture of liquor
                                                  regulates and controls the possession,                                                                        within Tribal Trust Lands is also
                                                                                                             The purpose of this Statute is to
                                                  sale, manufacture, and distribution of                                                                        consistent with the Tribe’s interest in
                                                                                                          regulate and control the possession,
                                                  alcohol in conformity with the laws of                                                                        ensuring the peace, safety, health, and
                                                                                                          sale, manufacture and distribution of
                                                  the State of California.                                                                                      general welfare of the Tribe and its
                                                                                                          liquor within Tribal Trust Lands, in
                                                  DATES: This code shall become effective                 order to permit alcohol sales by tribally             citizens.
                                                  December 14, 2015.                                      owned and operated enterprises and                    (g) Tribal control and regulation of
                                                  FOR FURTHER INFORMATION CONTACT: Ms.                    private lessees, and at tribally approved             liquor on Tribal Trust Lands is
                                                  Harley Long, Tribal Government Officer,                 special events. Enactment of a liquor                 consistent with the Tribe’s custom and
                                                  Pacific Regional Office, Bureau of                      control statute will help provide a                   tradition of controlling the possession
                                                  Indian Affairs, 2800 Cottage Way,                       source of revenue for the continued                   and consumption of liquor on tribal
                                                  Sacramento, California 95825,                           operation of the tribal government, the               lands and at tribal events.
                                                  Telephone: (916) 978–6000, Fax: (916)                   delivery of governmental services, and                (h) The purchase, distribution, and sale
                                                  978–6099; or Ms. Laurel Iron Cloud,                     the economic viability of tribal                      of liquor on Tribal Trust Lands shall
                                                  Chief, Division of Tribal Government                    enterprises.                                          take place only at duly licensed (i)
                                                  Services, Office of Indian Services,                                                                          tribally owned enterprises, (ii) other
                                                                                                          Section 3. Short Title                                enterprises operating pursuant to a lease
                                                  Bureau of Indian Affairs, 1849 C Street
                                                  NW., MS–4513–MIB, Washington, DC                          This Statute shall be known and cited               with the Tribe, and (iii) tribally-
                                                  20240, Telephone: (202) 513–7641.                       as the ‘‘Liquor Control Statute.’’                    sanctioned events.
                                                                                                                                                                (i) The sale or other commercial
                                                  SUPPLEMENTARY INFORMATION: Pursuant                     Section 4. Jurisdiction                               manufacture or distribution of liquor on
                                                  to the Act of August 15, 1953, Public                     This Statute shall apply to all lands               Tribal Trust Lands, other than sales,
                                                  Law 83–277, 67 Stat. 586, 18 U.S.C.                     now or in the future under the                        manufacture, and distributions made in
                                                  1161, as interpreted by the Supreme                     governmental authority of the Tribe,                  strict compliance with this Statute, is
                                                  Court in Rice v. Rehner, 463 U.S. 713                   including Tribal Trust Lands.                         detrimental to the health, safety, and
                                                  (1983), the Secretary of the Interior shall                                                                   general welfare of the citizens of the
                                                  certify and publish in the Federal                      Section 5. Application of 18 U.S.C. 1161              Tribe, and is prohibited.
                                                  Register notice of adopted liquor control                 By adopting this Statute, the Tribe
                                                  ordinances for the purpose of regulating                hereby regulates the sale,                            ARTICLE TWO
                                                  liquor transactions in Indian country.                  manufacturing, distribution, and                      DEFINITIONS
                                                  The Enterprise Rancheria of Maidu                       consumption of liquor while ensuring
                                                  Indians of California Tribal Council                                                                          Section 1. Definitions
                                                                                                          that such activity conforms with all
                                                  duly adopted the Enterprise Rancheria                   applicable laws of the State of California               As used in this Statute, the terms
                                                  of Maidu Indians of California Liquor                   as required by 18 U.S.C. 1161 and the                 below are defined as follows:
                                                  Control Statute on April 10, 2015.                      United States.                                           (a) Alcohol means ethyl alcohol,
                                                     This notice is published in                                                                                hydrated oxide of ethyl, or spirit of
                                                  accordance with the authority delegated                 Section 6. Declaration of Public Policy;              wine, in any form, and regardless of
                                                  by the Secretary of the Interior to the                 Findings                                              source or the process used for its
                                                  Assistant Secretary—Indian Affairs. I                     The Tribal Council enacts this Statute,             production.
                                                  certify that the Enterprise Rancheria of                based upon the following findings:                       (b) Alcoholic beverage means all
                                                  Maidu Indians of California Tribal                        (a) The distribution, possession,                   alcohol, spirits, liquor, wine, beer and
                                                  Council duly adopted by Resolution the                  consumption and sale of liquor on the                 any liquid or solid containing alcohol,
                                                  Enterprise Rancheria of Maidu Indians                   Tribe’s Reservation is a matter of special            spirits, liquor, wine, or beer, and which
                                                  of California Liquor Control Statute by                 concern to the Tribe.                                 contains one-half of one percent or more
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                                                  Resolution No. 15–05 on April 10, 2015.                   (b) The Tribe is the beneficial owner               of alcohol by volume and that is fit for
                                                    Dated: December 3, 2015.                              of Tribal Trust Lands, upon a portion of              human consumption, either alone or
                                                                                                          which the Tribe plans to construct and                when diluted, mixed, or combined with
                                                  Kevin Washburn,
                                                                                                          operate a gaming facility and related                 any other substance(s).
                                                  Assistant Secretary—Indian Affairs.                                                                              (c) Compact means a Tribal-State
                                                                                                          entertainment and lodging facilities.
                                                  Enterprise Rancheria of Maidu Indians                     (c) The Tribe’s gaming facility will                compact between the State and the
                                                  of California Liquor Control Statue shall               serve as an integral and indispensable                Tribe that governs the conduct of class
                                                  read as follows:                                        part of the Tribe’s economy, providing                III gaming activities on that portion of


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                                                  77370                      Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Notices

                                                  the Tribal Trust Lands recognized as                    Section 4. Age Limits                                   The Tribal Council shall have the
                                                  ‘‘Indian lands’’ pursuant to the Indian                   The legal age for possession or                     exclusive jurisdiction to hold hearings
                                                  Gaming Regulatory Act, 25 U.S.C. 2701,                  consumption of alcohol within Tribal                  on violations of this Statute and any
                                                  et seq., or such other procedures                       Trust Lands shall be the same as that of              procedures or regulations adopted
                                                  prescribed by the Secretary under the                   the State, which is currently 21 years.               pursuant to this Statute; to promulgate
                                                  Act pursuant to 25 U.S.C.                               No person under the age of 21 years                   appropriate procedures governing such
                                                  2710(d)(7)(B)(vii).                                     shall purchase, possess or consume any                hearings; to determine and enforce
                                                     (d) License means, unless otherwise                  alcoholic beverage. If there is any                   penalties or damages for violations of
                                                  stated, a license issued by the Tribe in                conflict between State law and the terms              this Statute; and to delegate to a
                                                  accordance with this Statute.                           of the Compact, if any, regarding the age             subordinate hearing officer or panel the
                                                     (e) Liquor means any alcoholic                       limits for alcohol possession or                      authority to take any or all of the
                                                  beverage, as defined under this Section.                consumption, the age limits in the                    foregoing actions on its behalf.
                                                     (f) Person means any individual or                   Compact shall govern for purposes of
                                                                                                                                                                ARTICLE SIX
                                                  entity, whether Indian or non-Indian,                   this Statute.
                                                  receiver, assignee, trustee in                                                                                TAXES
                                                                                                          ARTICLE FOUR
                                                  bankruptcy, trust, estate, firm,
                                                  corporation, partnership, joint                         LICENSING                                             Section 1. Taxation
                                                  corporation, association, society, or any               Section 1. Licensing                                    Nothing contained in this Statute is
                                                  group of individuals acting as a unit,                                                                        intended to, nor does in any way, limit
                                                  whether mutual, cooperative, fraternal,                    The Tribal Council shall have the
                                                                                                          power to establish procedures and                     or restrict the Tribe’s ability to impose
                                                  non-profit or otherwise, and any other                                                                        any tax upon the sale or consumption of
                                                  Indian tribe, band or group. The term                   standards for tribal licensing of liquor
                                                                                                          sales within Tribal Trust Lands,                      alcohol. The Tribe retains the right to
                                                  shall also include the businesses of the                                                                      impose such taxes by appropriate
                                                  Tribe.                                                  including the setting of a license fee
                                                                                                          schedule, and shall have the power to                 statute to the full extent permitted by
                                                     (g) Sale and sell means the transfer for                                                                   federal law.
                                                  consideration of any kind, including by                 publish and enforce such standards;
                                                                                                          provided that no tribal license shall                 ARTICLE SEVEN
                                                  exchange or barter.
                                                                                                          issue except upon showing of
                                                     (h) Secretary means the Secretary of                                                                       MISCELLANEOUS PROVISIONS
                                                                                                          satisfactory proof that the applicant is
                                                  the United States Department of the
                                                                                                          duly licensed by the State. The fact that             Section 1. Sovereign Immunity
                                                  Interior.                                               an applicant for a tribal license
                                                     (i) State means the State of California.                                                                   Preserved
                                                                                                          possesses a license issued by the State
                                                     (j) Tribal Trust Lands means and                     shall not provide the applicant with an                  Nothing contained in this Statute is
                                                  includes all lands held by the United                   entitlement to a tribal license. The                  intended to, nor does in any way, limit,
                                                  States in trust for the Tribe now or in                 Tribal Council may in its discretion set              alter, restrict, or waive the sovereign
                                                  the future.                                             standards which are more, but in no                   immunity of the Tribe or any of its
                                                     (k) Tribe means the Estom Yumeka                     case less, stringent than those of the                agencies, agents or officials from
                                                  Maidu Tribe of the Enterprise                           State.                                                unconsented suit or action of any kind.
                                                  Rancheria, a federally recognized Indian
                                                  tribe, listed in the Federal Register as                ARTICLE FIVE                                          Section 2. Conformance with Applicable
                                                  ‘‘Enterprise Rancheria of Maidu Indians                 ENFORCEMENT                                           Laws
                                                  of California.’’
                                                                                                          Section 1. Enforcement                                  All acts and transactions under this
                                                  ARTICLE THREE                                              The Tribal Council shall have the                  Statute shall be in conformity with the
                                                  LIQUOR SALES, POSSESSION, &                             power to develop, enact, promulgate                   Compact, if any, and laws of the State
                                                  MANUFACTURE                                             and enforce regulations as necessary for              to the extent required by 18 U.S.C. 1161
                                                                                                          the enforcement of this Statute and to                and with all Federal laws regarding
                                                  Section 1. Possession of Alcohol                        protect the public health, welfare and                alcohol in Indian Country.
                                                    The introduction and possession of                    safety of the Tribe, provided that all
                                                  alcoholic beverages shall be lawful                     such regulations shall conform to and                 Section 3. Effective Date
                                                  within Tribal Trust Lands; provided that                not be in conflict with any applicable                  This Statute shall be effective as of the
                                                  such introduction or possession is in                   tribal, federal or state law. Regulations             date on which the Secretary certifies
                                                  conformity with the laws of the State.                  enacted pursuant to this Statute may                  this Statute and publishes the same in
                                                                                                          include provisions for suspension or                  the Federal Register.
                                                  Section 2. Retail Sales of Alcohol
                                                                                                          revocation of tribal liquor licenses,
                                                     The sale of alcoholic beverages shall                reasonable search and seizure                         Section 4. Repeal of Prior Acts
                                                  be lawful within Tribal Trust Lands;                    provisions, and civil and criminal
                                                  provided that such sales are in                         penalties for violations of this Statute to             All prior enactments of the Tribal
                                                  conformity with the laws of the State                   the full extent permitted by federal law              Council, including tribal resolutions,
                                                  and are made pursuant to a license                      and consistent with due process.                      policies, regulations, or statutes
                                                  issued by the Tribe.                                       Tribal law enforcement personnel and               pertaining to the subject matter set forth
                                                                                                                                                                in this Statute are hereby rescinded.
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                                                                                                          security personnel duly authorized by
                                                  Section 3. Manufacture of Alcohol                       the Tribal Council shall have the                     Section 5. Amendments
                                                     The manufacture of beer and wine                     authority to enforce this Statute by
                                                  shall be lawful within Tribal Trust                     confiscating any liquor sold, possessed,                This Statute may only be amended
                                                  Lands, provided that such manufacture                   distributed, manufactured or introduced               pursuant to an amendment duly enacted
                                                  is in conformity with the laws of the                   within Tribal Trust Lands in violation of             by the Tribal Council and certification
                                                  State and pursuant to a license issued                  this Statute or of any regulations duly               by the Secretary and publication in the
                                                  by the Tribe.                                           adopted pursuant to this Statute.                     Federal Register, if required.


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                                                                             Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Notices                                             77371

                                                  Section 6. Severability and Savings                     the costs of delivering the service, and                 Section 175.6 and 175.22 of 25 CFR
                                                  Clause                                                  billing for those costs. Additional                   part 175, Indian electric power utilities,
                                                     If any part or provision of this Statute             information necessary for providing the               specifies the information collection
                                                  is held invalid, void, or unenforceable                 service is the location of the service                requirement. Power consumers must
                                                  by a court of competent jurisdiction,                   delivery. The Debt Collection                         apply for electric service. The
                                                  such adjudication shall not be held to                  Improvement Act of 1996 (DCIA)                        information to be collected includes:
                                                  render such provisions inapplicable to                  requires that certain information be                  Name; electric service location, and
                                                  other persons or circumstances. Further,                collected from individuals and                        other operational information identified
                                                  the remainder of the Statute shall not be               businesses doing business with the                    in the local administrative manuals. All
                                                  affected and shall continue to remain in                government. This information includes                 information is collected from each
                                                  full force and effect.                                  the taxpayer identification number for                electric power consumer.
                                                                                                          possible future use to recover                           Type of Review: Extension without
                                                  [FR Doc. 2015–31313 Filed 12–11–15; 8:45 am]
                                                                                                          delinquent debt. To implement the                     change of currently approved collection.
                                                  BILLING CODE 4337–15–P                                  DCIA requirement to collect customer                     Respondents: BIA electric power
                                                                                                          information, the BIA has included a                   consumers—individuals and businesses.
                                                                                                          section concerning the collection of                     Number of Respondents: 3,000 per
                                                  DEPARTMENT OF THE INTERIOR                              information in its regulations governing              year.
                                                  Bureau of Indian Affairs                                its electrical power utilities (25 CFR                   Estimated Time per Response: 1⁄2
                                                                                                          175) and in its regulations governing its             hour.
                                                  [167 A2100DD/AAKC001030/                                irrigation projects (25 CFR 171).                        Frequency of Response: The
                                                  A0A501010.999900]                                                                                             information is collected once, unless the
                                                                                                          II. Request for Comments
                                                  Renewal of Agency Information                                                                                 respondent requests new electrical
                                                                                                             The BIA requests your comments on                  service elsewhere or if it has been
                                                  Collection for Water Delivery and                       this collection concerning: (a) The
                                                  Electric Service Data for the Operation                                                                       disconnected for failure to pay their
                                                                                                          necessity of this information collection              electric bill.
                                                  of Irrigation and Power Projects and                    for the proper performance of the
                                                  Systems                                                                                                          Obligation to respond: Responses are
                                                                                                          functions of the agency, including                    required to receive or maintain a
                                                  AGENCY:   Bureau of Indian Affairs,                     whether the information will have                     benefit.
                                                  Interior.                                               practical utility; (b) The accuracy of the               Estimated Total Annual Hour Burden:
                                                  ACTION: Notice of request for comments.                 agency’s estimate of the burden (hours                1,500 hours.
                                                                                                          and cost) of the collection of
                                                                                                                                                                *      *     *    *      *
                                                  SUMMARY:    In compliance with the                      information, including the validity of
                                                                                                                                                                   OMB Control Number: 1076–0141.
                                                  Paperwork Reduction Act of 1995, the                    the methodology and assumptions used;
                                                                                                                                                                   Title: Water Request, 25 CFR 171.
                                                  Bureau of Indian Affairs (BIA) is seeking               (c) Ways we could enhance the quality,
                                                                                                                                                                   Brief Description of Collection: In
                                                  comments on the renewal of Office of                    utility, and clarity of the information to
                                                                                                                                                                order for irrigators to receive water
                                                  Management and Budget (OMB)                             be collected; and (d) Ways we could
                                                                                                                                                                deliveries, information is needed by the
                                                  approval for the collection of                          minimize the burden of the collection of
                                                                                                                                                                BIA to operate and maintain its
                                                  information for Electrical Service                      the information on the respondents.
                                                                                                             Please note that an agency may not                 irrigation projects and fulfill reporting
                                                  Application authorized by OMB Control                                                                         requirements. Section 171.140 and other
                                                  Number 1076–0021 and Water Request                      conduct or sponsor, and an individual
                                                                                                          need not respond to, a collection of                  sections cited in section 171.40 of 25
                                                  authorized by OMB Control Number                                                                              CFR 171, [Irrigation] Operation and
                                                  1076–0141. Both of these information                    information unless it has a valid OMB
                                                                                                          Control Number.                                       Maintenance, specifies the information
                                                  collections expire March 31, 2016.                                                                            collection requirement. Water users
                                                  DATES: Submit comments on or before                        It is our policy to make all comments
                                                                                                          available to the public for review at the             must apply for water delivery and for a
                                                  February 12, 2016.                                                                                            number of other associated services,
                                                                                                          location listed in the ADDRESSES section.
                                                  ADDRESSES: You may submit comments                                                                            such as, subdividing a farm unit,
                                                                                                          Before including your address, phone
                                                  on the information collection to Yulan                                                                        requesting leaching service, requesting
                                                                                                          number, email address, or other
                                                  Jin, Chief, Division of Water and Power,                                                                      water for domestic or stock purposes,
                                                                                                          personally identifiable information in
                                                  Office of Trust Services, Mail Stop                                                                           building structures or fences in BIA
                                                                                                          your comment, you should be aware
                                                  4655—MIB, 1849 C Street NW.,                                                                                  rights-of-way, requesting payment plans
                                                                                                          that your entire comment—including
                                                  Washington, DC 20240; telephone: (202)                                                                        on bills, establishing a carriage
                                                                                                          your personal identifying information—
                                                  219–0941 or email: yulan.jin@bia.gov.                                                                         agreement with a third-party,
                                                                                                          may be made publicly available at any
                                                  FOR FURTHER INFORMATION CONTACT:                        time. While you can ask us in your                    negotiating irrigation incentives leases,
                                                  Yulan Jin, telephone: (202) 219–0941 or                 comment to withhold your personal                     and requesting an assessment waiver.
                                                  email: yulan.jin@bia.gov.                               identifying information from public                   The information to be collected
                                                  SUPPLEMENTARY INFORMATION:                              review, we cannot guarantee that we                   includes: Full legal name; correct
                                                                                                          will be able to do so.                                mailing address; taxpayer identifying
                                                  I. Abstract                                                                                                   number; water delivery location; if
                                                     The BIA owns, operates, and                          III. Data                                             subdividing a farm unit—a copy of the
                                                  maintains three electric power utilities                   OMB Control Number: 1076–0021.                     recorded plat or map of the subdivision
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  that provide a service to the end user.                    Title: Electrical Service Application,             where water will be delivered; the time
                                                  The BIA also owns, operates, and                        25 CFR 175.                                           and date of requested water delivery;
                                                  maintains 15 irrigation projects that                      Brief Description of Collection: In                duration of water delivery; amount of
                                                  provide a service to the end user. To be                order for electric power consumers to be              water delivered; rate of water flow;
                                                  able to properly bill for the services                  served, information is needed by the                  number of acres irrigated; crop statistics;
                                                  provided, the BIA must collect customer                 BIA to operate and maintain its electric              any other agreements allowed under 25
                                                  information to identify the individual                  power utilities and fulfill reporting                 CFR part 171; and any additional
                                                  responsible for repaying the government                 requirements.                                         information required by the local project


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Document Created: 2015-12-14 13:47:25
Document Modified: 2015-12-14 13:47:25
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 code shall become effective December 14, 2015.
ContactMs. Harley Long, Tribal Government Officer, Pacific Regional Office, Bureau of Indian Affairs, 2800 Cottage Way, Sacramento, California 95825, Telephone: (916) 978-6000, Fax: (916) 978-6099; or Ms. Laurel Iron Cloud, Chief, Division of Tribal Government Services, Office of Indian Services, Bureau of Indian Affairs, 1849 C Street NW., MS-4513-MIB, Washington, DC 20240, Telephone: (202) 513-7641.
FR Citation80 FR 77369 

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