80_FR_77611 80 FR 77372 - North Fork Rancheria of Mono Indians of California Liquor Control Statute

80 FR 77372 - North Fork Rancheria of Mono Indians of California Liquor Control Statute

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

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

Page Range77372-77374
FR Document2015-31311

This notice publishes the liquor control statute of the North Fork Rancheria of Mono 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 for the purpose of generating new Tribal revenues.

Federal Register, Volume 80 Issue 239 (Monday, December 14, 2015)
[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Notices]
[Pages 77372-77374]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31311]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[167 A2100DD/AAKC001030/A0A501010.999900]


North Fork Rancheria of Mono Indians of California Liquor Control 
Statute

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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

SUMMARY: This notice publishes the liquor control statute of the North 
Fork Rancheria of Mono 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 for the purpose of generating new Tribal revenues.

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, Pub. 
Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the Supreme 
Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of the 
Interior shall certify and publish in the Federal Register notice of 
adopted liquor ordinances for the purpose of regulating liquor 
transactions in Indian country. The North Fork Rancheria of Mono 
Indians of California Tribal Council duly adopted the North Fork 
Rancheria of Mono Indians of California Liquor Ordinance on July 07, 
2014.
    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 North Fork Rancheria of Mono Indians of 
California Tribal Council duly adopted by Resolution the North Fork 
Rancheria of Mono Indians of California Liquor Control Statute by 
Resolution No. 14-32 dated July 07, 2014.

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

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 North Fork Rancheria (``Tribal Council'') to 
develop, adopt and enforce statutes as authorized under Article VI, 
Section 1 of the Constitution of the North Fork Rancheria, adopted May 
18, 1996.
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. Sec.  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 
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

[[Page 77373]]

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 the Tribal-State compact between the State and 
the Tribe that governs the conduct of class III gaming activities on 
that portion of the Tribal Trust Lands recognized as ``Indian lands'' 
pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. 2701, et seq.
    (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) State means the State of California.
    (i) Tribal Trust Lands means and includes all lands held by the 
United States in trust for the Tribe now or in the future.

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 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 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 of the Interior 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.

[[Page 77374]]

Section 5. Amendments
    This Statute may only be amended pursuant to an amendment duly 
enacted by the Tribal Council and certification by the Secretary of the 
Interior and publication in the Federal Register, if required.
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. 2015-31311 Filed 12-11-15; 8:45 am]
 BILLING CODE 4337-15-P



                                                  77372                      Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Notices

                                                  office that provides your service. The                  SUPPLEMENTARY INFORMATION:      Pursuant              Section 5. Application of 18 U.S.C. 1161
                                                  information water users submit is for                   to the Act of August 15, 1953, Pub. Law                 By adopting this Statute, the Tribe
                                                  the purpose of obtaining or retaining a                 83–277, 67 Stat. 586, 18 U.S.C. 1161, as              hereby regulates the sale,
                                                  benefit, namely irrigation water.                       interpreted by the Supreme Court in                   manufacturing, distribution, and
                                                     Type of Review: Extension without                    Rice v. Rehner, 463 U.S. 713 (1983), the              consumption of liquor while ensuring
                                                  change of currently approved collection.                Secretary of the Interior shall certify and           that such activity conforms with all
                                                     Respondents: Water users of BIA                      publish in the Federal Register notice of             applicable laws of the State of California
                                                  irrigation project—individual and                       adopted liquor ordinances for the                     as required by 18 U.S.C. § 1161 and the
                                                  businesses.                                             purpose of regulating liquor transactions             United States.
                                                     Number of Respondents: 6,539 per                     in Indian country. The North Fork
                                                  year.                                                   Rancheria of Mono Indians of California               Section 6. Declaration of Public Policy;
                                                     Number of Responses: 27,075 per                      Tribal Council duly adopted the North                 Findings
                                                  year.                                                   Fork Rancheria of Mono Indians of                        The Tribal Council enacts this Statute,
                                                     Estimated Time per Response: A                       California Liquor Ordinance on July 07,               based upon the following findings:
                                                  range of 18 minutes to 6 hours,                         2014.                                                    (a) The distribution, possession,
                                                  depending on the specific service being                   This notice is published in                         consumption and sale of liquor on the
                                                  requested.                                              accordance with the authority delegated               Tribe’s Reservation is a matter of special
                                                     Frequency of Response: On occasion                   by the Secretary of the Interior to the               concern to the Tribe.
                                                  through the irrigation season, averaging                Assistant Secretary—Indian Affairs. I                    (b) The Tribe is the beneficial owner
                                                  approximately two times per year.                       certify that the North Fork Rancheria of              of Tribal Trust Lands, upon which the
                                                     Obligation to respond: Responses are                 Mono Indians of California Tribal                     Tribe plans to construct and operate a
                                                  required to receive or maintain a                       Council duly adopted by Resolution the                gaming facility and related
                                                  benefit.                                                North Fork Rancheria of Mono Indians                  entertainment and lodging facilities.
                                                     Estimated Total Annual Hour Burden:                  of California Liquor Control Statute by                  (c) The Tribe’s gaming facility will
                                                  14,059 hours.                                           Resolution No. 14–32 dated July 07,                   serve as an integral and indispensable
                                                  Elizabeth K. Appel,
                                                                                                          2014.                                                 part of the Tribe’s economy, providing
                                                  Director, Office of Regulatory Affairs and                Dated: December 3, 2015.                            revenue to the Tribe’s government and
                                                  Collaborative Action—Indian Affairs.                    Kevin K. Washburn,                                    employment to tribal citizens and others
                                                  [FR Doc. 2015–31343 Filed 12–11–15; 8:45 am]            Assistant Secretary—Indian Affairs.                   in the local community.
                                                  BILLING CODE 4337–15–P
                                                                                                                                                                   (d) Federal law, as codified at 18
                                                                                                          ARTICLE ONE INTRODUCTION                              U.S.C. 1154 and 1161, currently
                                                                                                          Section 1. Authority                                  prohibits the introduction of liquor into
                                                  DEPARTMENT OF THE INTERIOR                                                                                    Indian country, except in accordance
                                                                                                            This Statute is enacted pursuant to
                                                                                                                                                                with State law and the duly enacted law
                                                  Bureau of Indian Affairs                                the Act of August 15, 1953 (Pub. L. 83–
                                                                                                                                                                of the Tribe.
                                                                                                          277, 67 Stat. 586, 18 U.S.C. 1161) and
                                                  [167 A2100DD/AAKC001030/                                                                                         (e) The Tribe recognizes the need for
                                                                                                          by powers vested in the Tribal Council
                                                  A0A501010.999900]                                                                                             strict control and regulation of liquor
                                                                                                          of the North Fork Rancheria (‘‘Tribal
                                                                                                                                                                transactions on Tribal Trust Lands
                                                                                                          Council’’) to develop, adopt and enforce
                                                  North Fork Rancheria of Mono Indians                                                                          because of potential problems
                                                                                                          statutes as authorized under Article VI,
                                                  of California Liquor Control Statute                                                                          associated with the unregulated or
                                                                                                          Section 1 of the Constitution of the
                                                                                                                                                                inadequate regulated sale, possession,
                                                  AGENCY:   Bureau of Indian Affairs,                     North Fork Rancheria, adopted May 18,
                                                                                                                                                                distribution, and consumption of liquor.
                                                  Interior.                                               1996.
                                                                                                                                                                   (f) Regulating the possession, sale,
                                                  ACTION: Notice.                                         Section 2. Purpose                                    distribution and manufacture of liquor
                                                                                                             The purpose of this Statute is to                  within Tribal Trust Lands is also
                                                  SUMMARY:   This notice publishes the                                                                          consistent with the Tribe’s interest in
                                                  liquor control statute of the North Fork                regulate and control the possession,
                                                                                                          sale, manufacture and distribution of                 ensuring the peace, safety, health, and
                                                  Rancheria of Mono Indians of                                                                                  general welfare of the Tribe and its
                                                  California. The liquor control statute                  liquor within Tribal Trust Lands, in
                                                                                                          order to permit alcohol sales by tribally             citizens.
                                                  regulates and controls the possession,                                                                           (g) Tribal control and regulation of
                                                  sale, manufacture, and distribution of                  owned and operated enterprises and
                                                                                                          private lessees, and at tribally approved             liquor on Tribal Trust Lands is
                                                  alcohol in conformity with the laws of                                                                        consistent with the Tribe’s custom and
                                                  the State of California for the purpose of              special events. Enactment of a liquor
                                                                                                          control statute will help provide a                   tradition of controlling the possession
                                                  generating new Tribal revenues.                                                                               and consumption of liquor on tribal
                                                                                                          source of revenue for the continued
                                                  DATES: This code shall become effective                                                                       lands and at tribal events.
                                                                                                          operation of the tribal government, the
                                                  December 14, 2015.                                                                                               (h) The purchase, distribution, and
                                                                                                          delivery of governmental services, and
                                                  FOR FURTHER INFORMATION CONTACT: Ms.                    the economic viability of tribal                      sale of liquor on Tribal Trust Lands
                                                  Harley Long, Tribal Government Officer,                 enterprises.                                          shall take place only at duly licensed (i)
                                                  Pacific Regional Office, Bureau of                                                                            tribally owned enterprises, (ii) other
                                                  Indian Affairs, 2800 Cottage Way,                       Section 3. Short Title                                enterprises operating pursuant to a lease
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                                                  Sacramento, California 95825,                             This Statute shall be known and cited               with the Tribe, and (iii) tribally-
                                                  Telephone: (916) 978–6000, Fax: (916)                   as the ‘‘Liquor Control Statute.’’                    sanctioned events.
                                                  978–6099; or Ms. Laurel Iron Cloud,                                                                              (i) The sale or other commercial
                                                  Chief, Division of Tribal Government                    Section 4. Jurisdiction                               manufacture or distribution of liquor on
                                                  Services, Office of Indian Services,                      This Statute shall apply to all lands               Tribal Trust Lands, other than sales,
                                                  Bureau of Indian Affairs, 1849 C Street                 now or in the future under the                        manufacture, and distributions made in
                                                  NW., MS–4513–MIB, Washington, DC                        governmental authority of the Tribe,                  strict compliance with this Statute, is
                                                  20240, Telephone: (202) 513–7641.                       including Tribal Trust Lands.                         detrimental to the health, safety, and


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                                                                             Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Notices                                             77373

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


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                                                  77374                           Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Notices

                                                  Section 5. Amendments                                              2909 West 2nd Street, Roswell, New                                      DEPARTMENT OF THE INTERIOR
                                                    This Statute may only be amended                                 Mexico, 88201.
                                                  pursuant to an amendment duly enacted                              FOR FURTHER INFORMATION CONTACT:                                        National Park Service
                                                  by the Tribal Council and certification                            Howard Parman, Pecos District Office,
                                                  by the Secretary of the Interior and                               Bureau of Land Management, 2909 West                                    [NPS–WASO–CONC–19592; PPWOBSADC0,
                                                  publication in the Federal Register, if                            2nd Street, Roswell, New Mexico 88201,                                  PPMVSCS1Y.Y00000]
                                                  required.                                                          575–627–0212. Persons who use a
                                                                                                                     telecommunications device for the deaf                                  Notice of Continuation of Concession
                                                  Section 6. Severability and Savings                                (TDD) may call the Federal Information                                  Contracts
                                                  Clause                                                             Relay Service (FIRS) at 1–800–877–8229
                                                     If any part or provision of this Statute                        to contact the above individual during                                  AGENCY:    National Park Service, Interior.
                                                  is held invalid, void, or unenforceable                            normal business hours. The FIRS is
                                                                                                                                                                                             ACTION:   Public notice.
                                                  by a court of competent jurisdiction,                              available 24 hours a day, 7 days a week,
                                                  such adjudication shall not be held to                             to leave a message or question with the
                                                                                                                     above individual. You will receive a                                    SUMMARY:   Pursuant to the terms of
                                                  render such provisions inapplicable to                                                                                                     existing concession contracts, public
                                                  other persons or circumstances. Further,                           reply during normal business hours.
                                                                                                                     SUPPLEMENTARY INFORMATION: The 10-                                      notice is hereby given that the National
                                                  the remainder of the Statute shall not be
                                                                                                                     member Pecos District RAC advises the                                   Park Service intends to request a
                                                  affected and shall continue to remain in
                                                                                                                     Secretary of the Interior, through the                                  continuation of visitor services for the
                                                  full force and effect.
                                                                                                                     BLM, on a variety of planning and                                       periods specified below.
                                                  [FR Doc. 2015–31311 Filed 12–11–15; 8:45 am]
                                                                                                                     management issues associated with                                       DATES:   Effective January 1, 2016.
                                                  BILLING CODE 4337–15–P
                                                                                                                     public land management in the BLM’s
                                                                                                                     Pecos District. Planned agenda items                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                                     include: Election of a new chairman;                                    Brian Borda, Chief, Commercial
                                                  DEPARTMENT OF THE INTERIOR
                                                                                                                     report on the status of the Carlsbad plan                               Services Program, National Park
                                                  Bureau of Land Management                                          revision; a discussion of the                                           Service, 1201 Eye Street NW., 11th
                                                                                                                     presentations made at the previous                                      Floor, Washington, DC 20005,
                                                  [LLNMP0000 L91420000.PP0000                                        meeting by both BLM staff and cave                                      Telephone: 202–513–7156.
                                                  16XL5573PF]                                                        interests regarding the BLM’s
                                                                                                                     management of cave in regards to                                        SUPPLEMENTARY INFORMATION:      The
                                                  Notice of Public Meeting, Pecos                                    containing the spread of White Nose                                     contracts listed below have been
                                                  District Resource Advisory Council                                 Syndrome; a report on the status of the                                 extended to the maximum allowable
                                                  Meeting, New Mexico                                                activity plan for the Lesser Prairie-                                   under 36 CFR 51.23. Under the
                                                                                                                     Chicken Area of Environmental Concern                                   provisions of the respective concession
                                                  AGENCY:   Bureau of Land Management,
                                                  Interior.                                                          (ACEC); and a report from the ACEC                                      contracts and pending the completion of
                                                                                                                     Grazing Subcommittee, including the                                     the public solicitation of a prospectus
                                                  ACTION: Notice of public meeting.
                                                                                                                     research being conducted at the ACEC.                                   for a new concession contract, the
                                                  SUMMARY:   In accordance with the                                     All RAC meetings are open to the                                     National Park Service authorizes
                                                  Federal Land Policy and Management                                 public. There will be a half-hour public                                continuation of visitor services for a
                                                  Act and the Federal Advisory                                       comment period at 9:30 a.m. for any                                     period not-to-exceed 1 year under the
                                                  Committee Act, Bureau of Land                                      interested members of the public who                                    terms and conditions of the current
                                                  Management’s (BLM) Pecos District                                  wish to address the RAC. Depending on                                   contract as amended. The continuation
                                                  Resource Advisory Council (RAC) will                               the number of persons wishing to speak                                  of operations does not affect any rights
                                                  meet as indicated below.                                           and time available, the time for
                                                                                                                                                                                             with respect to selection for award of a
                                                                                                                     individual comments may be limited.
                                                  DATES: The RAC will meet on January                                                                                                        new concession contract. The
                                                  21, 2016, at the Roswell Field Office,                             Andrew Archuleta,                                                       publication of this notice merely reflects
                                                  2909 West 2nd Street, Roswell, New                                 Acting Deputy State Director, Lands and                                 the intent of the National Park Service
                                                  Mexico, 88201, from 9 a.m.–12:30 p.m.                              Resources.                                                              but does not bind the National Park
                                                  The public may send written comments                               [FR Doc. 2015–31423 Filed 12–11–15; 8:45 am]                            Service to continue any of the contracts
                                                  to the RAC at the BLM Pecos District,                              BILLING CODE 4310–FB–P                                                  listed below.

                                                                 CONCID                                                            Concessioner                                                                 Park unit

                                                  NACC001–89 ............................        Golf Course Specialists, Inc ........................................................        National Mall and Memorial Parks.
                                                  NACC003–86 ............................        Guest Services, Inc .....................................................................    National Mall and Memorial Parks.
                                                  INDE001–94 ..............................      Concepts by Staib, Ltd. ...............................................................      Independence National Historical Park.
                                                  BLRI001–83 ...............................     Southern Highland Handicraft Guild, Inc .....................................                Blue Ridge Parkway.
                                                  CAHA001–98 .............................       Koru Village Incorporated ............................................................       Cape Hatteras National Seashore.
                                                  CAHA004–98 .............................       Oregon Inlet Fishing Center, Inc .................................................           Cape Hatteras National Seashore.
                                                  VIIS001–71 ................................    CBI Acquisitions, LLC ..................................................................     Virgin Islands National Park.
                                                  GLCA002–88 .............................       ARAMARK Sports and Entertainment Services, Inc ...................                           Glen Canyon National Recreation Area.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  GLCA003–69 .............................       ARAMARK Sports and Entertainment Services, Inc ...................                           Glen Canyon National Recreation Area.
                                                  PEFO001–85 .............................       Xanterra Parks & Resorts, Inc .....................................................          Petrified Forest National Park.
                                                  LAKE001–73 .............................       Rex G. Maughan & Ruth G. Maughan ........................................                    Lake Mead National Recreation Area.
                                                  LAKE002–82 .............................       Lake Mead R.V. Village, LLC ......................................................           Lake Mead National Recreation Area.
                                                  LAKE005–97 .............................       Rex G. Maughan & Ruth G. Maughan ........................................                    Lake Mead National Recreation Area.
                                                  LAKE006–74 .............................       Las Vegas Boat Harbor, Inc ........................................................          Lake Mead National Recreation Area.
                                                  LAKE007–84 .............................       Seven Resorts, Inc ......................................................................    Lake Mead National Recreation Area.
                                                  LAKE009–88 .............................       Temple Bar Marina, LLC .............................................................         Lake Mead National Recreation Area.



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Document Created: 2015-12-14 13:47:42
Document Modified: 2015-12-14 13:47:42
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 77372 

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