82 FR 866 - Grand Traverse Band of Ottawa and Chippewa Indians; Amendments to Liquor Ordinance
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs Federal Register Volume 82, Issue 2 (January 4, 2017)
Bureau of Indian Affairs
Federal Register Volume 82, Issue 2 (January 4, 2017)
| Page Range | 866-868 | |
| FR Document | 2016-31874 |
[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)] [Notices] [Pages 866-868] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31874] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [178A2100DD/AAKC001030/A0A501010.999900 253G] Grand Traverse Band of Ottawa and Chippewa Indians; Amendments to Liquor Ordinance AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice publishes amendments to the Grand Traverse Band of Ottawa and Chippewa Indians Liquor Ordinance, Title 14, Chapter 4. In 2016, the Grand Traverse Tribal Council enacted the amendments to the Liquor Ordinance. The amended Liquor Ordinance supersedes the existing Grand Traverse Band of Ottawa and Chippewa Indians Liquor Ordinance that was last published in the Federal Register on June 13, 2005 (70 FR 34146). DATES: This ordinance shall become effective February 3, 2017. FOR FURTHER INFORMATION CONTACT: Ms. Sherrel LaPointe, Tribal Operations Officer, Midwest Region, Bureau of Indian Affairs, Norman Pointe II, 5600 American Boulevard West, Suite 500, Bloomington, Minnesota 55437, Telephone: (612) 713-4400. SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of the Interior shall certify and publish in the Federal Register notice of adopted liquor ordinances for the purpose of regulating liquor transactions in Indian country. The Grand Traverse Band duly adopted Tribal Council Resolution Number 16-34.2713 on February 17, 2016. This notice is published with the authority delegated by the Secretary of the Interior to the Assistant Secretary-Indian Affairs. I certify that the Grand Traverse Band of Ottawa and Chippewa Indians duly adopted this amendment to the Grand Traverse Liquor Control Code by Resolution Number 16-34.2713 on February 17, 2016. Dated: December 12, 2016. Lawrence S. Roberts, Principal Deputy Assistant Secretary--Indian Affairs. The Grand Traverse Band of Ottawa and Chippewa Indians Liquor Control Code, as amended, shall read as follows: Liquor Ordinance of the Grand Traverse Band of Ottawa and Chippewa Indians Title 14--Chapter 4 14.401 Short Title This ordinance may be cited as the ``Liquor Ordinance'' of the Grand Traverse Band of Ottawa and Chippewa Indians. 14.402 Authority As required by 18 U.S.C. 1161, this ordinance is in conformity with relevant provisions of State law and is enacted pursuant to Article IV of the constitution of the Grand Traverse Band of Ottawa and Chippewa Indians. 14.403 Interpretation (a) This ordinance shall be deemed an exercise of the police and regulatory powers of the Grand Traverse Band of Ottawa and Chippewa Indians in order to promote Tribal self-determination and to protect the public welfare, and all provisions of this ordinance shall be liberally construed for the accomplishment of these purposes. (b) Nothing in this ordinance may be construed as a waiver of Tribal sovereign immunity. 14.404 Definitions In this ordinance, unless the context otherwise requires: (a) ``alcoholic beverage'' means any of the following: (1) Any spirituous, vinous, malt or fermented liquor, liquid of compound, whether or not medicated, proprietary, patented, and by whatever name called, containing one-half of one percent (.5%) or more alcohol by volume, which is commonly used or reasonably adopted to use for beverage purposes; (2) any beverage obtained by alcoholic fermentation of an infusion or decoction of barley, malt, hops or other cereal in potable water; (3) any product made by the normal alcoholic fermentation of the juice of sound, ripe grapes, or any other fruit with the usual cellar treatment, and containing not more than 21% of alcohol by volume, including fermented fruit juices other than grapes and mixed wine drinks; (4) any beverage that contains alcohol obtained by distillation, mixed with potable water or other substances, or both, in solution, and includes wine containing an alcoholic content of more than 21% by volume, except sacramental wine and mixed spirit drink; (5) any drink or similar product marketed as a wine cooler that contains less than 7% alcohol by volume, consists of wine or cider and plain, sparkling or carbonated water, and contains any 1 or more of the following: (a) Nonalcoholic beverages; (b) flavoring; (c) coloring materials; (d) fruit juices; (e) fruit adjuncts; (f) sugar; (g) carbon dioxide; (h) preservatives. (b) ``liquor'' means any alcoholic beverage. (c) ``person'' means a natural person, firm, association, corporation, or other legal entity. (d) ``premises'' means specified locations within Tribal lands where alcoholic beverages may be sold as described in a license issued by the Tribal Council. (e) ``Secretary'' means the Secretary of the United States Department of the Interior. (f) ``State'' means the State of Michigan, which regulates matters pertaining to the consumption, possession, delivery and/or sale of alcoholic beverages within the State through its Liquor Control Commission. (g) ``Tribal Council'' means the Tribal Council of the Grand Traverse Band of Ottawa and Chippewa Indians. (h) ``Tribal lands'' means: (1) Land within the limits of the Grand Traverse Band of Ottawa and Chippewa Indians' Reservation, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation; and/or (2) land over which the Grand Traverse Band of Ottawa and Chippewa Indians exercises governmental power and which is either held in trust by the United States for the benefit of the Grand Traverse Band, or held by the Tribe or by one of its members subject to restriction by the United States against alienation. (i) ``Tribal license'' means an official action by the Tribal Council which authorizes the manufacture and/or sale of alcoholic beverages for consumption either on the premises and/or away from the premises. The manufacture, sale and/or delivery of alcoholic beverages intended for consumption away from [[Page 867]] Tribal lands must also comply with relevant provisions of State law. (j) ``Tribal representative'' means the Tribal Manager, a program director, or manager of a subsidiary enterprise of the Tribe. (k) ``Tribe'' means the Grand Traverse Band of Ottawa and Chippewa Indians. (l) ``vendor'' means a person licensed under this ordinance to sell alcoholic beverage, or a person employed by a vendor to do so. 14.405 Public Policy Declared (a) It is the policy of the Tribe that no manufacture, sale, delivery, or importation of alcoholic beverages shall occur in Tribal lands unless such manufacture, sale, delivery or importation is by a person licensed under this ordinance to do so, or by prior written order of the Tribal Council. (b) All alcoholic beverages for sale, use, storage, or distribution in Tribal lands shall originally be purchased by and imported into Tribal lands by a person licensed under this ordinance to do so, unless such alcoholic beverages are manufactured under appropriate Tribal license within the Tribal lands, or by prior written order of the Tribal Council. (c) This section shall not apply in the case of alcoholic beverages brought into Tribal lands personally by a person aged twenty-one (21) years or older to purchase or manufacture alcoholic beverages for personal or household use. 14.406 General Provisions (a) Except in compliance with this ordinance, no person shall sell, trade, transport, manufacture, use or possess any alcoholic beverage or any other substance whatsoever which is capable of producing alcohol or other intoxication, intended for consumption on the premises, nor may any person aid or abet another person in doing any of the foregoing. (b) No vendor shall permit any person under the age of eighteen (18) on premises licensed under this ordinance, unless accompanied by an adult who is the legal guardian or parent of the minor. (c) No vender shall sell, serve or allow to be consumed on premises licensed under this ordinance, alcoholic beverages other than during the hours permitted by its license. (d) Except in compliance with this ordinance, no person shall sell, trade, transport, manufacture, use or possess any alcoholic beverage, or any other substance whatsoever which is capable of producing alcohol or other intoxication, intended for distribution away from premises, nor may any person aid or abet another person in any of the foregoing. (e) It shall be a violation of this ordinance for any person, by himself or by his agent or employee, to manufacture, sell, offer for sale, or possess any alcoholic beverage which is adulterated or misbranded or any alcoholic beverage in bottles which have been refilled. For the purposes of this section: (1) Alcoholic beverages shall be deemed adulterated if they contain any liquid or other ingredient not placed there by the original manufacturer or bottler, other than by order of a consumer for immediate consumption on the premises; (2) alcoholic beverages shall be deemed misbranded when not plainly labeled, marked or otherwise designated; (3) alcoholic beverages bottles shall be deemed to be refilled when the bottles contain any liquid or other ingredient not placed in the bottles by the original manufacturer. (4) this subsection 406(e) does not apply to beer containers. [cf. MCL 436.2005(5)] (f) It shall be a violation of this ordinance for any vendor to sell or furnish any alcoholic beverage to a person unless that person has attained twenty-one (21) years of age. (1) No vendor may knowingly sell or furnish any alcoholic beverage to a person who is younger than twenty-one years of age, or fail to make diligent inquiry as to whether the person is twenty-one (21) years of age. (2) A suitable sign which describes this section and the penalties for violating this section shall be posted in a conspicuous place in each room where alcoholic beverages are sold. (g) It shall be a violation of this ordinance for any vendor to sell or furnish any alcoholic beverage to any person who is visibly intoxicated at the time, or who is known to the vendor to be a habitual drunkard. (h) It shall be a violation of this ordinance for any person younger than twenty-one (21) years of age to purchase, attempt to purchase, possess or consume any alcoholic beverage, or for such a person to misrepresent his age for the purpose of purchasing or attempting to purchase such alcoholic beverage. (i) Upon attempt to purchase any alcoholic beverage on premises licensed under this ordinance by any person who appears to the vendor to be younger than twenty-one (21) years of age, that vendor shall demand, and the prospective purchaser upon such demand shall display, satisfactory evidence that he is of legal age. It shall be a violation of this ordinance for any person to present to any vendor falsified evidence as to his age. (j) No person under this ordinance shall make any delivery of any alcoholic beverage outside the premises described in the license, unless the license permits distribution of alcoholic liquor for consumption away from the premises. (k) No person, directly or indirectly, himself or herself or by his or her clerk, agent or employee shall manufacture, manufacture for sale, sell, offer or keep for sale, barter, furnish, or import, import for sale, transport for hire, or transport, or possess any alcoholic beverage unless that person complies with this ordinance. (l) In order to retain its alcoholic beverage license under this ordinance, any Tribal operation is required to comply with other applicable Tribal law, as well as with the provisions of this ordinance. 14.407 Tribal Alcoholic Beverage Licenses (a) Upon written authorization by a Tribal representative, the Tribal Council may issue a license authorizing: (1) The manufacture and/or sale or alcoholic beverages intended solely for consumption on the premises; and/or (2) the manufacture and/or sale of alcoholic beverages intended solely for consumption away from the premises. (b) All such license applications must set forth the purpose for which the license is sought, together with a description of the premises upon which the alcoholic beverage manufacture and/or sales are proposed to take place. (c) In its sole discretion, the Tribal Council shall have the power and authority to determine the numbers and types of alcoholic beverage licenses to be issued pursuant to this ordinance. 14.408 Complaint of Violation (a) Any complaint regarding violation of any provision of this ordinance shall be referred to the Tribal Prosecutor, who may cause such complaint to be placed in writing and served personally or by registered mail upon the licensee or other person against whom that complaint is made. (b) A hearing on any such complaint shall be held by the Tribal Court not less than seven (7) days nor more than twenty-eight (28) days after service of the complaint upon the licensee or other person against whom that complaint is made. (c) Any Indian person (defined in 9 GTBC Sec. 102(a)) who violates any provision of this ordinance may be [[Page 868]] charged with a misdemeanor criminal offense and may be prosecuted pursuant to 9 GTBC Sec. 107(s). If convicted, the Tribal Court may impose a fine of not greater than one thousand dollars ($1,000.00), or imprisonment not exceeding sixty (60) days in the Tribal jail, or by both such fine and imprisonment. (d) Any non-Indian person who violates any provision of this ordinance may be charged with and prosecuted for a civil offense, and if convicted, may be subject to civil sanctions which the Tribal Council may prescribe, and/or may be excluded from Tribal lands. (e) Any person who violates any provision of this ordinance for which a specific penalty is not provided, shall be subject to a fine of not less than one hundred dollars ($100.00), nor more than five thousand dollars ($5,000.00), or by imprisonment in the Tribal jail for not more than sixty (60) days, or by both such fine and imprisonment, plus costs. 14.409 Severability If any section or provision of this ordinance or the application thereof to any party or class, or to any circumstances, shall be held to be invalid for any cause whatsoever, the remainder of this ordinance shall not be affected thereby and shall remain in full force and effect as though no part thereof had been declared to be invalid. 14.410 Amendment or Repeal of This Ordinance This ordinance may be amended or repealed only by majority vote of the Tribal Council in regular session. 14.411 Effective Date The effective date of this ordinance shall be the date upon which it is certified by the Secretary or his delegate and published in the Federal Register in accordance with 18 U.S.C. 1161. [FR Doc. 2016-31874 Filed 1-3-17; 8:45 am] BILLING CODE 4337-15-P
![866 Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Notices
response is correct, you may make an Affairs. I certify that the Grand Traverse containing not more than 21% of
InfoPass appointment for an in-person Band of Ottawa and Chippewa Indians alcohol by volume, including fermented
interview at a local USCIS office. duly adopted this amendment to the fruit juices other than grapes and mixed
Detailed information on how to make Grand Traverse Liquor Control Code by wine drinks;
corrections, make an appointment, or Resolution Number 16–34.2713 on (4) any beverage that contains alcohol
submit a written request to correct February 17, 2016. obtained by distillation, mixed with
records under the Freedom of Dated: December 12, 2016. potable water or other substances, or
Information Act can be found on the Lawrence S. Roberts, both, in solution, and includes wine
SAVE Web site at http://www.uscis.gov/ containing an alcoholic content of more
Principal Deputy Assistant Secretary—Indian
save, then by choosing ‘‘For Benefits Affairs. than 21% by volume, except
Applicants’’ from the menu on the left sacramental wine and mixed spirit
and selecting ‘‘Questions about your The Grand Traverse Band of Ottawa drink;
Records?’’. and Chippewa Indians Liquor Control (5) any drink or similar product
[FR Doc. 2016–31003 Filed 1–3–17; 8:45 am] Code, as amended, shall read as follows: marketed as a wine cooler that contains
BILLING CODE 9111–97–P
Liquor Ordinance of the Grand less than 7% alcohol by volume,
Traverse Band of Ottawa and consists of wine or cider and plain,
Chippewa Indians sparkling or carbonated water, and
DEPARTMENT OF THE INTERIOR contains any 1 or more of the following:
Title 14—Chapter 4 (a) Nonalcoholic beverages; (b)
Bureau of Indian Affairs 14.401 Short Title flavoring; (c) coloring materials; (d) fruit
[178A2100DD/AAKC001030/ juices; (e) fruit adjuncts; (f) sugar; (g)
This ordinance may be cited as the
A0A501010.999900 253G] carbon dioxide; (h) preservatives.
‘‘Liquor Ordinance’’ of the Grand
Traverse Band of Ottawa and Chippewa (b) ‘‘liquor’’ means any alcoholic
Grand Traverse Band of Ottawa and Indians. beverage.
Chippewa Indians; Amendments to (c) ‘‘person’’ means a natural person,
Liquor Ordinance 14.402 Authority firm, association, corporation, or other
As required by 18 U.S.C. 1161, this legal entity.
AGENCY: Bureau of Indian Affairs, (d) ‘‘premises’’ means specified
Interior. ordinance is in conformity with relevant
provisions of State law and is enacted locations within Tribal lands where
ACTION: Notice. alcoholic beverages may be sold as
pursuant to Article IV of the
constitution of the Grand Traverse Band described in a license issued by the
SUMMARY: This notice publishes
of Ottawa and Chippewa Indians. Tribal Council.
amendments to the Grand Traverse
(e) ‘‘Secretary’’ means the Secretary of
Band of Ottawa and Chippewa Indians 14.403 Interpretation the United States Department of the
Liquor Ordinance, Title 14, Chapter 4.
(a) This ordinance shall be deemed an Interior.
In 2016, the Grand Traverse Tribal
exercise of the police and regulatory (f) ‘‘State’’ means the State of
Council enacted the amendments to the
powers of the Grand Traverse Band of Michigan, which regulates matters
Liquor Ordinance. The amended Liquor
Ottawa and Chippewa Indians in order pertaining to the consumption,
Ordinance supersedes the existing
to promote Tribal self-determination possession, delivery and/or sale of
Grand Traverse Band of Ottawa and
and to protect the public welfare, and alcoholic beverages within the State
Chippewa Indians Liquor Ordinance
all provisions of this ordinance shall be through its Liquor Control Commission.
that was last published in the Federal
Register on June 13, 2005 (70 FR 34146). liberally construed for the (g) ‘‘Tribal Council’’ means the Tribal
accomplishment of these purposes. Council of the Grand Traverse Band of
DATES: This ordinance shall become Ottawa and Chippewa Indians.
(b) Nothing in this ordinance may be
effective February 3, 2017. (h) ‘‘Tribal lands’’ means:
construed as a waiver of Tribal
FOR FURTHER INFORMATION CONTACT: Ms. sovereign immunity. (1) Land within the limits of the
Sherrel LaPointe, Tribal Operations Grand Traverse Band of Ottawa and
Officer, Midwest Region, Bureau of 14.404 Definitions Chippewa Indians’ Reservation,
Indian Affairs, Norman Pointe II, 5600 In this ordinance, unless the context notwithstanding the issuance of any
American Boulevard West, Suite 500, otherwise requires: patent, and including rights-of-way
Bloomington, Minnesota 55437, (a) ‘‘alcoholic beverage’’ means any of running through the reservation; and/or
Telephone: (612) 713–4400. the following: (2) land over which the Grand
SUPPLEMENTARY INFORMATION: Pursuant (1) Any spirituous, vinous, malt or Traverse Band of Ottawa and Chippewa
to the Act of August 15, 1953, Public fermented liquor, liquid of compound, Indians exercises governmental power
Law 83–277, 67 Stat. 586, 18 U.S.C. whether or not medicated, proprietary, and which is either held in trust by the
1161, as interpreted by the Supreme patented, and by whatever name called, United States for the benefit of the
Court in Rice v. Rehner, 463 U.S. 713 containing one-half of one percent (.5%) Grand Traverse Band, or held by the
(1983), the Secretary of the Interior shall or more alcohol by volume, which is Tribe or by one of its members subject
certify and publish in the Federal commonly used or reasonably adopted to restriction by the United States
Register notice of adopted liquor to use for beverage purposes; against alienation.
ordinances for the purpose of regulating (2) any beverage obtained by alcoholic (i) ‘‘Tribal license’’ means an official
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liquor transactions in Indian country. fermentation of an infusion or decoction action by the Tribal Council which
The Grand Traverse Band duly adopted of barley, malt, hops or other cereal in authorizes the manufacture and/or sale
Tribal Council Resolution Number 16– potable water; of alcoholic beverages for consumption
34.2713 on February 17, 2016. This (3) any product made by the normal either on the premises and/or away from
notice is published with the authority alcoholic fermentation of the juice of the premises. The manufacture, sale
delegated by the Secretary of the Interior sound, ripe grapes, or any other fruit and/or delivery of alcoholic beverages
to the Assistant Secretary–Indian with the usual cellar treatment, and intended for consumption away from
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Tribal lands must also comply with away from premises, nor may any demand shall display, satisfactory
relevant provisions of State law. person aid or abet another person in any evidence that he is of legal age. It shall
(j) ‘‘Tribal representative’’ means the of the foregoing. be a violation of this ordinance for any
Tribal Manager, a program director, or (e) It shall be a violation of this person to present to any vendor falsified
manager of a subsidiary enterprise of the ordinance for any person, by himself or evidence as to his age.
Tribe. by his agent or employee, to (j) No person under this ordinance
(k) ‘‘Tribe’’ means the Grand Traverse manufacture, sell, offer for sale, or shall make any delivery of any alcoholic
Band of Ottawa and Chippewa Indians. possess any alcoholic beverage which is beverage outside the premises described
(l) ‘‘vendor’’ means a person licensed adulterated or misbranded or any in the license, unless the license permits
under this ordinance to sell alcoholic alcoholic beverage in bottles which have distribution of alcoholic liquor for
beverage, or a person employed by a been refilled. For the purposes of this consumption away from the premises.
vendor to do so. section: (k) No person, directly or indirectly,
(1) Alcoholic beverages shall be himself or herself or by his or her clerk,
14.405 Public Policy Declared
deemed adulterated if they contain any agent or employee shall manufacture,
(a) It is the policy of the Tribe that no liquid or other ingredient not placed manufacture for sale, sell, offer or keep
manufacture, sale, delivery, or there by the original manufacturer or for sale, barter, furnish, or import,
importation of alcoholic beverages shall bottler, other than by order of a import for sale, transport for hire, or
occur in Tribal lands unless such consumer for immediate consumption transport, or possess any alcoholic
manufacture, sale, delivery or on the premises; beverage unless that person complies
importation is by a person licensed (2) alcoholic beverages shall be with this ordinance.
under this ordinance to do so, or by deemed misbranded when not plainly (l) In order to retain its alcoholic
prior written order of the Tribal labeled, marked or otherwise beverage license under this ordinance,
Council. designated; any Tribal operation is required to
(b) All alcoholic beverages for sale, (3) alcoholic beverages bottles shall be comply with other applicable Tribal
use, storage, or distribution in Tribal deemed to be refilled when the bottles law, as well as with the provisions of
lands shall originally be purchased by contain any liquid or other ingredient this ordinance.
and imported into Tribal lands by a not placed in the bottles by the original
person licensed under this ordinance to manufacturer. 14.407 Tribal Alcoholic Beverage
do so, unless such alcoholic beverages (4) this subsection 406(e) does not Licenses
are manufactured under appropriate apply to beer containers. [cf. MCL (a) Upon written authorization by a
Tribal license within the Tribal lands, or 436.2005(5)] Tribal representative, the Tribal Council
by prior written order of the Tribal (f) It shall be a violation of this may issue a license authorizing:
Council. ordinance for any vendor to sell or (1) The manufacture and/or sale or
(c) This section shall not apply in the furnish any alcoholic beverage to a alcoholic beverages intended solely for
case of alcoholic beverages brought into person unless that person has attained consumption on the premises; and/or
Tribal lands personally by a person aged twenty-one (21) years of age. (2) the manufacture and/or sale of
twenty-one (21) years or older to (1) No vendor may knowingly sell or alcoholic beverages intended solely for
purchase or manufacture alcoholic furnish any alcoholic beverage to a consumption away from the premises.
beverages for personal or household use. person who is younger than twenty-one (b) All such license applications must
years of age, or fail to make diligent set forth the purpose for which the
14.406 General Provisions inquiry as to whether the person is license is sought, together with a
(a) Except in compliance with this twenty-one (21) years of age. description of the premises upon which
ordinance, no person shall sell, trade, (2) A suitable sign which describes the alcoholic beverage manufacture and/
transport, manufacture, use or possess this section and the penalties for or sales are proposed to take place.
any alcoholic beverage or any other violating this section shall be posted in (c) In its sole discretion, the Tribal
substance whatsoever which is capable a conspicuous place in each room where Council shall have the power and
of producing alcohol or other alcoholic beverages are sold. authority to determine the numbers and
intoxication, intended for consumption (g) It shall be a violation of this types of alcoholic beverage licenses to
on the premises, nor may any person aid ordinance for any vendor to sell or be issued pursuant to this ordinance.
or abet another person in doing any of furnish any alcoholic beverage to any
the foregoing. person who is visibly intoxicated at the 14.408 Complaint of Violation
(b) No vendor shall permit any person time, or who is known to the vendor to (a) Any complaint regarding violation
under the age of eighteen (18) on be a habitual drunkard. of any provision of this ordinance shall
premises licensed under this ordinance, (h) It shall be a violation of this be referred to the Tribal Prosecutor, who
unless accompanied by an adult who is ordinance for any person younger than may cause such complaint to be placed
the legal guardian or parent of the twenty-one (21) years of age to in writing and served personally or by
minor. purchase, attempt to purchase, possess registered mail upon the licensee or
(c) No vender shall sell, serve or allow or consume any alcoholic beverage, or other person against whom that
to be consumed on premises licensed for such a person to misrepresent his complaint is made.
under this ordinance, alcoholic age for the purpose of purchasing or (b) A hearing on any such complaint
beverages other than during the hours attempting to purchase such alcoholic shall be held by the Tribal Court not less
permitted by its license. beverage. than seven (7) days nor more than
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(d) Except in compliance with this (i) Upon attempt to purchase any twenty-eight (28) days after service of
ordinance, no person shall sell, trade, alcoholic beverage on premises licensed the complaint upon the licensee or other
transport, manufacture, use or possess under this ordinance by any person who person against whom that complaint is
any alcoholic beverage, or any other appears to the vendor to be younger made.
substance whatsoever which is capable than twenty-one (21) years of age, that (c) Any Indian person (defined in 9
of producing alcohol or other vendor shall demand, and the GTBC § 102(a)) who violates any
intoxication, intended for distribution prospective purchaser upon such provision of this ordinance may be
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charged with a misdemeanor criminal and Management Act of 1976, as Sec. 4, except that portion within MS 6716;
offense and may be prosecuted pursuant amended, the Bureau of Land Secs. 5 thru 9, 17 thru 20, 29, and 30.
to 9 GTBC § 107(s). If convicted, the Management (BLM) is giving notice that T. 7 N., R. 3 E.,
Tribal Court may impose a fine of not certain public lands located near Secs. 30 and 31;
greater than one thousand dollars Johnson Valley, California, within the Sec. 32, except that portion within MS
6715;
($1,000.00), or imprisonment not Johnson Valley Off-Highway Vehicle Sec. 33, SW1⁄4.
exceeding sixty (60) days in the Tribal Recreation Area, will be temporarily T. 4 N., R. 4 E.,
jail, or by both such fine and closed to all public use to provide for Sec. 1, lots 4, 6, 8, and 10 thru 14, and S1⁄2;
imprisonment. public safety during the 2017 King of Sec. 2, lots 4, 6, 8, and 10 thru 14, and S1⁄2;
(d) Any non-Indian person who the Hammers Race Event. Sec. 3, lots 7 thru 10 and S1⁄2;
violates any provision of this ordinance DATES: The closure will be in effect from Sec. 4, lots 7 thru 10 and S1⁄2;
may be charged with and prosecuted for February 3 through February 11, 2017. Sec. 5, lots 7 thru 10 and S1⁄2;
a civil offense, and if convicted, may be Sec. 6, lots 8 thru 15 and SE1⁄4;
FOR FURTHER INFORMATION CONTACT: Beth Secs. 7 thru 12, 14, and 15;
subject to civil sanctions which the Ransel, District Manager, California Sec. 16, lots 1 thru 4;
Tribal Council may prescribe, and/or Desert District, 22835 Calle San Juan De Sec. 17;
may be excluded from Tribal lands. Los Lagos, Moreno Valley, CA 92553, Sec. 18, lots 3 thru 6 and NE1⁄4;
(e) Any person who violates any telephone: 951–697–5200, email: Sec. 20, lots 1 thru 8;
provision of this ordinance for which a bransel@blm.gov or Katrina Symons, Secs. 21 thru 24;
specific penalty is not provided, shall be Barstow Field Manager, 2601 Barstow Sec. 25, N1⁄2;
subject to a fine of not less than one Secs. 26 and 27;
Road, Barstow, CA 923111, telephone: Sec. 28, lots 1 thru 8.
hundred dollars ($100.00), nor more 760–252–6004, email: ksymons@
than five thousand dollars ($5,000.00), T. 4 N., R. 5 E.,
blm.gov. Persons who use a Sec. 2, lots 3, 4, 5, 8, and 9, SW1⁄4NW1⁄4,
or by imprisonment in the Tribal jail for telecommunications device for the deaf SW1⁄4, and S1⁄2SE1⁄4;
not more than sixty (60) days, or by both (TDD) may call the Federal Relay Secs. 3, 4, and 5;
such fine and imprisonment, plus costs. Service at 1–800–877–8339 to contact Sec. 6, lots 1, 2, 5 thru 8, and 11, S1⁄2NE1⁄4,
the above individual during normal SE1⁄4NW1⁄4, E1⁄2SW1⁄4, and SE1⁄4;
14.409 Severability
business hours. The Service is available Sec. 7, lots 3 thru 7 and 9, E1⁄2SW1⁄4, and
If any section or provision of this 24 hours a day, seven days a week, to E1⁄2;
ordinance or the application thereof to Secs. 8 and 9;
leave a message or question with the Sec. 10 unsurveyed;
any party or class, or to any above individuals. You will receive a
circumstances, shall be held to be Sec. 11;
reply during normal hours. Sec. 12, lots 3, 4, 8, 9, and 10, SW1⁄4NE1⁄4,
invalid for any cause whatsoever, the
SUPPLEMENTARY INFORMATION: This W1⁄2NW1⁄4, SE1⁄4NW1⁄4, SW1⁄4, and
remainder of this ordinance shall not be W1⁄2SE1⁄4;
closure applies to all public use,
affected thereby and shall remain in full Secs. 13, 14, and 15 all unsurveyed;
including pedestrian use and vehicles.
force and effect as though no part Sec. 16;
The public lands affected by this closure
thereof had been declared to be invalid. Secs. 17 and 20 thru 29 all unsurveyed.
are described as follows:
T. 5 N., R. 5 E.,
14.410 Amendment or Repeal of This Land Description Sec. 31, lots 7 and 8;
Ordinance Sec. 32, lots 3 thru 6, SE1⁄4SW1⁄4, and
San Bernardino Meridian, California S1⁄2SE1⁄4;
This ordinance may be amended or
T. 5 N., R. 2 E., Sec. 34, lots 3, 4, and 5, and SW1⁄4SW1⁄4.
repealed only by majority vote of the
Secs. 1 thru 4 and 10 thru 14. The area described contains 62,256
Tribal Council in regular session. T. 6 N., R. 2 E.,
acres.
14.411 Effective Date Secs. 1, 12, 13, 14, 22 thru 27, 33, 34, and
35. End of Land Description
The effective date of this ordinance T. 4 N., R. 3 E.,
shall be the date upon which it is Sec. 1, lots 7, 12, 13, and 15, NW1⁄4SW1⁄4, The BLM will post the closure notice
certified by the Secretary or his delegate and S1⁄2SE1⁄4; and map of the closure area at the main
and published in the Federal Register in Sec. 2, lots 4 thru 11 and S1⁄2; entry points into the Johnson Valley Off
accordance with 18 U.S.C. 1161. Sec. 12, N1⁄2 and SE1⁄4. Highway Vehicle Recreation Area, at the
T. 5 N., R. 3 E., California Desert District Office, at the
[FR Doc. 2016–31874 Filed 1–3–17; 8:45 am]
Sec. 6, lots 1 thru 12, 14, 15, and 16, Barstow Field Office, and on the BLM
BILLING CODE 4337–15–P S1⁄2NE1⁄4, SE1⁄4NW1⁄4, E1⁄2SW1⁄4, and Web site: www.blm.gov/california/king-
NW1⁄4SE1⁄4; of-the-hammers.
Sec. 7; Exceptions: Closure restrictions do
DEPARTMENT OF THE INTERIOR Sec. 8, lots 2, 3, 6, and 7, and SW1⁄4SW1⁄4;
Sec. 17, lots 3, 4, 7, and 8, W1⁄2NW1⁄4,
not apply to medical and rescue
Bureau of Land Management SE1⁄4NW1⁄4, and SW1⁄4; personnel in the performance of their
Secs. 18 and 19 both unsurveyed; official duties; official United States
[LLCAD08000.17XL1109AF. military and Federal, State, and local
Sec. 20, lot 2, W1⁄2NE1⁄4, SE1⁄4NE1⁄4, NW1⁄4,
L12200000.EA0000.LXSSB0280000 ] law enforcement; Federal, State and
and S1⁄2;
Sec. 21, lots 2, 4, 7, 9, 11, and 12, local officers and employees in the
Closure of Public Lands for the 2017 W1⁄2SW1⁄4, SE1⁄4SW1⁄4, and SW1⁄4SE1⁄4;
King of the Hammers Race Event in performance of their official duties;
Sec. 22, lot 2; King of the Hammers event officials,
mstockstill on DSK3G9T082PROD with NOTICES
San Bernardino County, CA Sec. 27, lots 3, 4, 6, 9, and 10, SW1⁄4NW1⁄4, race participants and registered
and SW1⁄4;
AGENCY: Bureau of Land Management, Secs. 28 and 29;
spectators; and vendors with a valid
Interior. Sec. 34, lots 2, 3, and 4, SW1⁄4NE1⁄4, W1⁄2, BLM Special Recreation Permit.
ACTION: Notice. and SE1⁄4; Enforcement: Any person who
Sec. 35, lots 1, 4, 6, 7, and 10, and violates this closure may be tried before
SUMMARY: As authorized under the SW1⁄4SW1⁄4. a United States Magistrate and fined in
provisions of the Federal Land Policy T. 6 N., R. 3 E., accordance with 18 U.S.C. 3571,
VerDate Sep<11>2014 16:46 Jan 03, 2017 Jkt 241001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\04JAN1.SGM 04JAN1](https://thefederalregister.org/doc/82_FR_868/page/3.svg)
Document Created: 2017-01-04 00:29:33
Document Modified: 2017-01-04 00:29:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | This ordinance shall become effective February 3, 2017. | |
| Contact | Ms. Sherrel LaPointe, Tribal Operations Officer, Midwest Region, Bureau of Indian Affairs, Norman Pointe II, 5600 American Boulevard West, Suite 500, Bloomington, Minnesota 55437, Telephone: (612) 713-4400. | |
| FR Citation | 82 FR 866 |
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