Table Bluff Reservation-Wiyot Tribe-Liquor Control Ordinance, 35298-35299 [05-11983]
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35298
Federal Register / Vol. 70, No. 116 / Friday, June 17, 2005 / Notices
Section 10.4. Conformance with State
Law. All acts and transactions under
this Ordinance shall be in conformity
with the Compact and the laws of the
State of California to the extent required
by 18 U.S.C. § 1161 and with all Federal
laws regarding alcohol in Indian
Country.
Article XI—Amendments
This Ordinance may be amended only
pursuant to a duly enacted General
Council Resolution with certification by
the Secretary of the Interior and
publication in the Federal Register, if
required.
Article XII—Sovereign Immunity
Nothing contained in this Ordinance
is intended to nor does it in any way
limit, alter, restrict, or waive the Tribe’s
sovereign immunity from unconsented
suit or action.
[FR Doc. 05–11982 Filed 6–16–05; 8:45 am]
BILLING CODE 4310–4J–P
DEPARTMENT OF THE INTERIOR
Table Bluff Reservation—Wiyot Tribe—
Liquor Control Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: This notice publishes the
Table Bluff Reservation ‘‘Wiyot Tribe
Liquor Control Ordinance. The
Ordinance regulates and controls the
possession, sale and consumption of
liquor within the Table Bluff
Reservation. The land is located on trust
land and this Ordinance allows for the
possession and sale of alcoholic
beverages within the Table Bluff’s
Reservation and will increase the ability
of the tribal government to control the
tribe’s liquor distribution and
possession, and at the same time will
provide an important source of revenue
for the continued operation and
strengthening of the tribal government
and the delivery of tribal services.
EFFECTIVE DATE: This Ordinance is
effective on June 17, 2005.
FOR FURTHER INFORMATION CONTACT: Clay
Gregory, Acting Regional Director,
Pacific Regional Office, 2800 Cottage
Way, Sacramento, CA 95825; Telephone
(916) 978–6000; or Ralph Gonzales,
Office of Tribal Services, 1951
Constitution Avenue, NW., Mail Stop
320–SIB, Washington, DC 20240;
Telephone (202) 513–7629.
SUPPLEMENTARY INFORMATION: Pursuant
to the Act of August 15, 1953, Pub. L.
17:59 Jun 16, 2005
Jkt 205001
Dated: June 13, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary—
Indian Affairs.
The Table Bluff Liquor Control
Ordinance reads as follows:
Bureau of Indian Affairs
VerDate jul<14>2003
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 Table Bluff
Reservation—Wiyot Tribal Council
adopted its Liquor Control Ordinance by
Resolution No. 04–12 on July 24, 2004.
The purpose of this Ordinance is to
govern the sale, possession and
distribution of alcohol within the Table
Bluff Reservation. This notice is
published in accordance with the
authority delegated by the Secretary of
the Interior to the Principal Deputy
Assistant Secretary—Indian Affairs. I
certify that this Liquor Ordinance, of the
Table Bluff Reservation—Wiyot Tribal
Council, was duly adopted by the Tribal
Council on July 24, 2004.
Table Bluff Liquor Control Ordinance
Be it enacted by the General Council
of the Table Bluff Reservation ‘‘Wiyot
Tribe:
Article 1: Name. This ordinance shall
be known as the Table Bluff Liquor
Control Ordinance.
Article 2: Authority. This ordinance is
enacted pursuant to the Act of August
15, 1953, (Pub. L. 83–277, 67 Stat. 588,
18 U.S.C. 1161) and Article VII, Section
2(a) of the Constitution and Bylaws of
the Table Bluff Reservation—Wiyot
Tribe.
Article 3: Purpose. The purpose of
this ordinance is to allow for the safe
and regulated sale and possession of
alcohol within Lands under the
Jurisdiction of the Table Bluff
Reservation—Wiyot Tribe in order to
provide a source of revenue for the
continued operation of the tribal
government, the economic viability of
tribal enterprises, and the delivery of
tribal government services.
Article 4: Jurisdiction. This Liquor
Control Ordinance shall apply to all
lands now or in the future under the
jurisdiction of the Table Bluff
Reservation—Wiyot Tribe, including the
old Table Bluff Rancheria, the new
Table Bluff Reservation, and any lands
which shall in the future be restored to
the Tribe’s jurisdiction. This Ordinance
is in conformity with the laws of the
State of California as required by 18
U.S.C. 1161, and with all applicable
federal laws.
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
Article 5: Definitions. Unless a
different meaning is clearly indicated in
this Ordinance, the terms used herein
shall have the same meaning as in the
California Alcohol Beverage Control
Act, Cal. Business and Professions Code
Section 2300 et seq.
(a) ‘‘General Council’’ means the
Governing Body holding supreme power
of the Table Bluff Reservation—Wiyot
Tribe as defined in Article VI, Section
1 of the Constitution and Bylaws of the
Table Bluff Reservation—Wiyot Tribe.
(b) ‘‘Lands under the Jurisdiction of
the Table Bluff Reservation—Wiyot
Tribe’’ means and includes all lands
now or in the future subject to the
lawful jurisdiction of the Tribe,
including the old Table Bluff Rancheria,
the new Table Bluff Reservation, and
any lands which shall in the future be
restored to the Tribe’s jurisdiction.
(c) ‘‘Table Bluff Reservation’’ means
and includes all lands within the
exterior boundaries of the Table Bluff
Reservation.
(d) ‘‘Tribal Council’’ means the Table
Bluff Reservation—Wiyot Tribal Council
as defined in Article VI, Section 3 of the
Constitution and Bylaws of the Table
Bluff Reservation—Wiyot Tribe.
(e) ‘‘Tribe’’ means the Table Bluff
Reservation—Wiyot Tribe.
Article 6: Effective Date. This
ordinance shall be effective as of the
date of its publication in the Federal
Register.
Article 7: Possession of Alcohol. The
introduction and possession of alcoholic
beverages shall be lawful within Lands
under the Jurisdiction of the Table Bluff
Reservation—Wiyot Tribe; provided that
such introduction or possession is in
conformity with the laws of the State of
California.
Article 8: Retail Sales of Alcohol. The
sale of alcoholic beverages shall be
lawful within Lands under the
Jurisdiction of the Table Bluff
Reservation—Wiyot Tribe; provided that
such sales are in conformity with the
laws of the State of California and are
made pursuant to a license issued by the
Tribe.
Article 9: Manufacture of Alcohol.
The manufacture of beer and wine shall
be lawful within Lands under the
jurisdiction of the Table Bluff
Reservation—Wiyot Tribe, provided that
such manufacture is in conformity with
the laws of the State of California and
pursuant to a license issued by the
Tribe.
Article 10: Age Limits. The legal age
for possession or consumption of
alcohol within Lands under the
Jurisdiction of the Table Bluff
Reservation—Wiyot Tribe shall be the
same as that of the State of California,
E:\FR\FM\17JNN1.SGM
17JNN1
35299
Federal Register / Vol. 70, No. 116 / Friday, June 17, 2005 / Notices
which is currently 21 years. No person
under the age of 21 years shall purchase,
possess or consume any alcoholic
beverage.
Article 11: Licensing. Tribal Council
shall have the power to establish
procedures and standards for tribal
licensing of liquor sales within Lands
under the Jurisdiction of the Table Bluff
Reservation—Wiyot Tribe, 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
of California. The fact that an applicant
for a tribal license possesses a license
issued by the State of California shall
not provide the applicant with an
entitlement to a tribal license; Tribal
Council may in its discretion set
standards which are more, but in no
case less, stringent than those of the
State.
Article 12: Enforcement.
(a) Tribal Council shall have the
power to develop, enact, promulgate
and enforce regulations as necessary for
the enforcement of this ordinance and to
protect the public health, welfare and
safety of the Tribe and Lands under the
Jurisdiction of the Table Bluff
Reservation—Wiyot Tribe, provided that
all such regulations shall conform to
and not be in conflict with any tribal,
federal or state law. Regulations enacted
pursuant hereto 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
ordinance to the full extent permitted by
federal law and consistent with due
process.
(b) Tribal law enforcement personnel
and security personnel duly authorized
by Tribal Council shall have the
authority to enforce this ordinance by
confiscating any liquor sold, possessed,
distributed, manufactured or introduced
within Lands under the Jurisdiction of
the Table Bluff Reservation—Wiyot
Tribe in violation of this ordinance or of
any regulations duly adopted pursuant
to this ordinance.
(c) Tribal Council shall have the
exclusive jurisdiction to hold hearings
on violations of this ordinance and any
procedures or regulations adopted
pursuant to this ordinance; to
promulgate appropriate procedures
governing such hearings; to determine
and enforce penalties or damages for
violations of this ordinance; 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 13: Prior Inconsistent
Enactments. Any prior tribal laws,
resolutions or ordinances which are
inconsistent with this ordinance are
hereby repealed to the extent they are
inconsistent with this ordinance.
Article 14: Sovereign Immunity.
Nothing contained in this ordinance 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.
Article 15: Taxation. Nothing
contained in this ordinance 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
ordinance to the full extent permitted by
federal law.
Article 16: Severability. If any
provision of this ordinance is found by
any agency or court of competent
jurisdiction to be unenforceable, the
remaining provisions shall be
unaffected thereby.
Article 17: Amendment. This
ordinance may be amended by majority
vote of the Tribal Council, such
amendment to become effective upon
publication in the Federal Register by
the Secretary of the Interior.
Certification
This is to certify that the above
ordinance was enacted by the General
Council of the Table Bluff Reservation—
Wiyot Tribe at a duly called meeting on
July 24, 2004 by a vote of 12 for, 2
against, and 1 abstention.
Dated: July 26, 2004.
Cheryl A. Seidner,
Tribal Chairperson.
Dated: July 26, 2004.
Irine J. Carlson,
Tribal Secretary.
[FR Doc. 05–11983 Filed 6–16–05; 8:45 am]
BILLING CODE 4310–4–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[WO–220–1020–24 1A]
RIN 1004–AD42
Grazing Administration—Exclusive of
Alaska
Bureau of Land Management,
Interior.
ACTION: Notice of availability of the
Final Environmental Impact Statement
for regulatory amendments of grazing
regulations for the public lands.
AGENCY:
SUMMARY: The Bureau of Land
Management (BLM) announces the
availability of the Final Environmental
Impact Statement (FEIS) to support
amendments of the regulations
governing grazing administration. The
analysis provided in the FEIS is
intended to inform the public of the
direct, indirect, and cumulative effects
on the human environment of the
proposed action and each alternative.
DATES: The Final Environmental Impact
Statement is available for review
through July 18, 2005.
ADDRESSES: Copies of the FEIS are
available at BLM State Offices in 10
western states and the BLM Washington
DC office. See the SUPPLEMENTARY
INFORMATION for a table of BLM State
Offices.
Bud
Cribley at 202–785–6569 for information
relating to the FEIS or Ted Hudson at
202–452–3042 for information relating
to the rulemaking process. Persons who
use a telecommunications device for the
deaf (TDD) may contact these
individuals through the Federal
Information Relay Service (FIRS) at 1–
800–877–8330, 24 hours a day, seven
days a week.
SUPPLEMENTARY INFORMATION: Copies of
the FEIS are available at the following
BLM State Offices:
FOR FURTHER INFORMATION CONTACT:
BLM state offices
Address
Arizona .....................................................................................
California ..................................................................................
Colorado ..................................................................................
Idaho ........................................................................................
Montana ...................................................................................
Nevada .....................................................................................
New Mexico .............................................................................
222 North Central Ave., Phoenix, AZ 85004–2203 ................
2800 Cottage Way, Room W–1834, Sacramento, CA 95825
2850 Youngfield St., Lakewood, CO 80215–7093 .................
1387 S. Vinnell Way, Boise, ID 83709–1657 .........................
5001 Southgate Drive, Billings, MT 59101 .............................
1340 Financial Way, Reno, NV 89502 ...................................
1474 Rodeo Rd., P.O. Box 27115, Santa Fe, NM 87507–
0115.
P.O. Box 2965, Portland, OR 97208–2965 ............................
Oregon .....................................................................................
VerDate jul<14>2003
17:59 Jun 16, 2005
Jkt 205001
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
E:\FR\FM\17JNN1.SGM
Phone numbers
17JNN1
(602)
(916)
(303)
(208)
(406)
(775)
(505)
417–9500
978–4600
239–3700
373–4001
896–5012
861–6590
438–7501
(503) 808–6024
]]>Agencies
[Federal Register Volume 70, Number 116 (Friday, June 17, 2005)]
[Notices]
[Pages 35298-35299]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11983]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Table Bluff Reservation--Wiyot Tribe--Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Table Bluff Reservation `` Wiyot
Tribe Liquor Control Ordinance. The Ordinance regulates and controls
the possession, sale and consumption of liquor within the Table Bluff
Reservation. The land is located on trust land and this Ordinance
allows for the possession and sale of alcoholic beverages within the
Table Bluff's Reservation and will increase the ability of the tribal
government to control the tribe's liquor distribution and possession,
and at the same time will provide an important source of revenue for
the continued operation and strengthening of the tribal government and
the delivery of tribal services.
EFFECTIVE DATE: This Ordinance is effective on June 17, 2005.
FOR FURTHER INFORMATION CONTACT: Clay Gregory, Acting Regional
Director, Pacific Regional Office, 2800 Cottage Way, Sacramento, CA
95825; Telephone (916) 978-6000; or Ralph Gonzales, Office of Tribal
Services, 1951 Constitution Avenue, NW., Mail Stop 320-SIB, Washington,
DC 20240; Telephone (202) 513-7629.
SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, Pub.
L. 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 Table Bluff Reservation--Wiyot
Tribal Council adopted its Liquor Control Ordinance by Resolution No.
04-12 on July 24, 2004. The purpose of this Ordinance is to govern the
sale, possession and distribution of alcohol within the Table Bluff
Reservation. This notice is published in accordance with the authority
delegated by the Secretary of the Interior to the Principal Deputy
Assistant Secretary--Indian Affairs. I certify that this Liquor
Ordinance, of the Table Bluff Reservation--Wiyot Tribal Council, was
duly adopted by the Tribal Council on July 24, 2004.
Dated: June 13, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
The Table Bluff Liquor Control Ordinance reads as follows:
Table Bluff Liquor Control Ordinance
Be it enacted by the General Council of the Table Bluff Reservation
`` Wiyot Tribe:
Article 1: Name. This ordinance shall be known as the Table Bluff
Liquor Control Ordinance.
Article 2: Authority. This ordinance is enacted pursuant to the Act
of August 15, 1953, (Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. 1161) and
Article VII, Section 2(a) of the Constitution and Bylaws of the Table
Bluff Reservation--Wiyot Tribe.
Article 3: Purpose. The purpose of this ordinance is to allow for
the safe and regulated sale and possession of alcohol within Lands
under the Jurisdiction of the Table Bluff Reservation--Wiyot Tribe in
order to provide a source of revenue for the continued operation of the
tribal government, the economic viability of tribal enterprises, and
the delivery of tribal government services.
Article 4: Jurisdiction. This Liquor Control Ordinance shall apply
to all lands now or in the future under the jurisdiction of the Table
Bluff Reservation--Wiyot Tribe, including the old Table Bluff
Rancheria, the new Table Bluff Reservation, and any lands which shall
in the future be restored to the Tribe's jurisdiction. This Ordinance
is in conformity with the laws of the State of California as required
by 18 U.S.C. 1161, and with all applicable federal laws.
Article 5: Definitions. Unless a different meaning is clearly
indicated in this Ordinance, the terms used herein shall have the same
meaning as in the California Alcohol Beverage Control Act, Cal.
Business and Professions Code Section 2300 et seq.
(a) ``General Council'' means the Governing Body holding supreme
power of the Table Bluff Reservation--Wiyot Tribe as defined in Article
VI, Section 1 of the Constitution and Bylaws of the Table Bluff
Reservation--Wiyot Tribe.
(b) ``Lands under the Jurisdiction of the Table Bluff Reservation--
Wiyot Tribe'' means and includes all lands now or in the future subject
to the lawful jurisdiction of the Tribe, including the old Table Bluff
Rancheria, the new Table Bluff Reservation, and any lands which shall
in the future be restored to the Tribe's jurisdiction.
(c) ``Table Bluff Reservation'' means and includes all lands within
the exterior boundaries of the Table Bluff Reservation.
(d) ``Tribal Council'' means the Table Bluff Reservation--Wiyot
Tribal Council as defined in Article VI, Section 3 of the Constitution
and Bylaws of the Table Bluff Reservation--Wiyot Tribe.
(e) ``Tribe'' means the Table Bluff Reservation--Wiyot Tribe.
Article 6: Effective Date. This ordinance shall be effective as of
the date of its publication in the Federal Register.
Article 7: Possession of Alcohol. The introduction and possession
of alcoholic beverages shall be lawful within Lands under the
Jurisdiction of the Table Bluff Reservation--Wiyot Tribe; provided that
such introduction or possession is in conformity with the laws of the
State of California.
Article 8: Retail Sales of Alcohol. The sale of alcoholic beverages
shall be lawful within Lands under the Jurisdiction of the Table Bluff
Reservation--Wiyot Tribe; provided that such sales are in conformity
with the laws of the State of California and are made pursuant to a
license issued by the Tribe.
Article 9: Manufacture of Alcohol. The manufacture of beer and wine
shall be lawful within Lands under the jurisdiction of the Table Bluff
Reservation--Wiyot Tribe, provided that such manufacture is in
conformity with the laws of the State of California and pursuant to a
license issued by the Tribe.
Article 10: Age Limits. The legal age for possession or consumption
of alcohol within Lands under the Jurisdiction of the Table Bluff
Reservation--Wiyot Tribe shall be the same as that of the State of
California,
[[Page 35299]]
which is currently 21 years. No person under the age of 21 years shall
purchase, possess or consume any alcoholic beverage.
Article 11: Licensing. Tribal Council shall have the power to
establish procedures and standards for tribal licensing of liquor sales
within Lands under the Jurisdiction of the Table Bluff Reservation--
Wiyot Tribe, 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 of California. The
fact that an applicant for a tribal license possesses a license issued
by the State of California shall not provide the applicant with an
entitlement to a tribal license; Tribal Council may in its discretion
set standards which are more, but in no case less, stringent than those
of the State.
Article 12: Enforcement.
(a) Tribal Council shall have the power to develop, enact,
promulgate and enforce regulations as necessary for the enforcement of
this ordinance and to protect the public health, welfare and safety of
the Tribe and Lands under the Jurisdiction of the Table Bluff
Reservation--Wiyot Tribe, provided that all such regulations shall
conform to and not be in conflict with any tribal, federal or state
law. Regulations enacted pursuant hereto 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 ordinance to the full extent permitted by federal law and
consistent with due process.
(b) Tribal law enforcement personnel and security personnel duly
authorized by Tribal Council shall have the authority to enforce this
ordinance by confiscating any liquor sold, possessed, distributed,
manufactured or introduced within Lands under the Jurisdiction of the
Table Bluff Reservation--Wiyot Tribe in violation of this ordinance or
of any regulations duly adopted pursuant to this ordinance.
(c) Tribal Council shall have the exclusive jurisdiction to hold
hearings on violations of this ordinance and any procedures or
regulations adopted pursuant to this ordinance; to promulgate
appropriate procedures governing such hearings; to determine and
enforce penalties or damages for violations of this ordinance; 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 13: Prior Inconsistent Enactments. Any prior tribal laws,
resolutions or ordinances which are inconsistent with this ordinance
are hereby repealed to the extent they are inconsistent with this
ordinance.
Article 14: Sovereign Immunity. Nothing contained in this ordinance
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.
Article 15: Taxation. Nothing contained in this ordinance 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 ordinance to the
full extent permitted by federal law.
Article 16: Severability. If any provision of this ordinance is
found by any agency or court of competent jurisdiction to be
unenforceable, the remaining provisions shall be unaffected thereby.
Article 17: Amendment. This ordinance may be amended by majority
vote of the Tribal Council, such amendment to become effective upon
publication in the Federal Register by the Secretary of the Interior.
Certification
This is to certify that the above ordinance was enacted by the
General Council of the Table Bluff Reservation--Wiyot Tribe at a duly
called meeting on July 24, 2004 by a vote of 12 for, 2 against, and 1
abstention.
Dated: July 26, 2004.
Cheryl A. Seidner,
Tribal Chairperson.
Dated: July 26, 2004.
Irine J. Carlson,
Tribal Secretary.
[FR Doc. 05-11983 Filed 6-16-05; 8:45 am]
BILLING CODE 4310-4-P
