Pueblo of Nambé Liquor Ordinance, 5680-5681 [E6-1395]
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5680
Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Notices
Dated: January 27, 2006.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary—
Indian Affairs.
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
´
Pueblo of Nambe Liquor Ordinance
AGENCY:
´
The Pueblo of Nambe Liquor
Ordinance reads as follows:
Bureau of Indian Affairs,
Interior.
ACTION:
Notice.
SUMMARY: This notice publishes the
´
Pueblo of Nambe Liquor Ordinance. The
Ordinance regulates and controls the
possession, sale and consumption of
´
liquor within the Pueblo of Nambe
Indian Reservation. The Reservation is
located on trust land and this Ordinance
allows for the possession and sale of
alcoholic beverages within the exterior
´
boundaries of the Pueblo of Nambe
Indian Reservation. This Ordinance will
increase the ability of the tribal
government to control the community’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 February 2, 2006.
DATES:
Iris
Drew, Tribal Government Services
Officer, Southwest Regional Office, 1001
Indian School Road, Albuquerque, New
Mexico 87104, Telephone (505) 563–
3530; Fax (505) 563–3060; or Ralph
Gonzales, Office of Tribal Services, 1951
Constitution Avenue, NW., Mail Stop
320-SIB, Washington, DC 20240;
Telephone (202) 513–7629.
FOR FURTHER INFORMATION CONTACT:
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 Nambe Tribal Council adopted its
Liquor Ordinance by Resolution No.
NP–2005–27 on November 30, 2005.
The purpose of this Ordinance is to
govern the sale, possession and
distribution of alcohol within the
´
Pueblo of Nambe Indian 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 Pueblo of Nambe was
duly adopted by the Tribal Council on
November 30, 2005.
hsrobinson on PROD1PC71 with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
15:26 Feb 01, 2006
Jkt 208001
´
Pueblo of Nambe Liquor Ordinance 2005
1. Purpose. The purpose of the Pueblo of
´
Nambe Liquor Ordinance is to establish
limitations and standards for the legalization
of the introduction, sale and possession of
´
alcohol within the Pueblo of Nambe lands as
a means to provide revenue to serve the best
interests of the Pueblo.
2. Definitions. As used in this Ordinance,
the following definitions shall apply:
A. ‘‘Alcohol’’ or ‘‘Liquor’’ includes the four
varieties of liquor commonly referred to as
alcohol, spirits, wine, and beer, and all
fermented, spirituous, vinous, or malt liquor,
or combinations thereof, and mixed liquor, a
part of which is fermented, spirituous,
vinous, or malt liquor or otherwise
intoxicating, and every liquor or solid or
semisolid or other substance, patented or not,
containing alcohol, spirits, wine, or beer.
B. ‘‘Package’’ means any container or
receptacle used for holding liquor.
C. ‘‘Person’’ means any individual,
business, or other legal entity.
´
D. ‘‘Pueblo’’ means the Pueblo of Nambe,
a federally recognized Tribe of Indians.
E. ‘‘Reservation’’ means all lands within
the exterior boundaries of the Pueblo of
´
Nambe, including rights-of-way, lands owned
by or for the benefit of the Pueblo, tribally
purchased lands, and lands that may be
´
leased by the Pueblo of Nambe.
F. ‘‘Sale’’ includes the exchange, barter,
traffic, donation, selling, supplying, or
distribution of liquor.
G. ‘‘Tribal Council’’ means the Pueblo of
´
Nambe Tribal Council.
3. State Law. Unless otherwise provided in
this Ordinance, standards for the sale and
transaction of liquor shall be in conformity
with the laws of the State of New Mexico, as
required by, and in accordance with § 18
U.S.C. 1161.
4. Sale and Possession.
A. Sales Limited. Sales of liquor are
allowed on the following lands:
i. Pueblo lands as assigned to the Pueblo
´
of Nambe Gaming Enterprise by the Tribal
Council.
´
ii. Pueblo lands assigned to the Nambe
Pueblo Development Corporation by the
Tribal Council.
iii. Other lands, individuals and entities
only as permitted by Tribal Council
Resolution.
B. Sales for Personal Use; Resale
Prohibited. All sales allowed by this
Ordinance shall be personal use of the
individual purchaser. Such sales for personal
use must be in package form or by the drink.
Resale of any liquor is prohibited and
violators shall be in violation of this
Ordinance and subject to penalties.
C. Limited to Adults. All handling,
stocking, possession, and sale of liquor shall
be made by persons twenty-one (21) years of
age or older. Proof of age must be shown by
a current and valid state driver’s license or
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
other government issued identification that
contains birth date and photo of the holder
of the license or identification.
D. Right to Refuse Sale. Any person
authorized to sell liquor within the Pueblo
shall have the authority to refuse to sell
liquor to any person unable to produce proof
of age and identity.
E. Liability Insurance. Any person
authorized to sell liquor within the Pueblo
shall obtain general liability insurance in the
amount not less than $1,000,000 (one million
dollars) per occurrence.
F. Tribal-State Compact. Any person
authorized to dispense, sell, serve or deliver
alcohol within a gaming establishment shall
conform to all alcohol provisions contained
in the current Tribal-State Gaming Compact.
5. Tribal License.
A. Tribal Council Authorization. Any
person may be authorized to engage in the
wholesale purchase, sale, or distribution of
liquor within Pueblo Reservation boundaries
upon terms and conditions approved by
Tribal Council Resolution. Any person
granted such approval by Tribal Council
Resolution will be deemed to have a Pueblo
´
of Nambe liquor license.
B. License Revocation. Tribal Council has
the authority to revoke a Tribal liquor license
for any violations arising from this Ordinance
or other Pueblo Law and Order Code
violations.
6. Offenses. Any person who violates this
Ordinance is subject to a civil penalty, at a
minimum. Offenses include, but are not
limited to, the following:
A. Sales to Minors. No sale of liquor shall
be made to any person under the age of
twenty-one (21).
B. Purchase by Minors. Any person under
the age of twenty-one (21) who purchases,
attempts to purchase, or possesses any liquor
shall be in the violation of this Ordinance.
C. Unauthorized Sale. It shall be a
violation of this ordinance for any person
within the boundaries of the Pueblo
Reservation to:
i. Buy liquor from any person other than
those properly authorized by Tribal Council
Resolution and in compliance with this
Ordinance, or
ii. Sell alcohol outside the portion of the
Pueblo Reservation authorized for sale by
that license.
D. Intoxicated Persons. It shall be a
violation of this ordinance for any person to
sell liquor to an intoxicated person.
E. Other violations of this Ordinance.
7. Penalties.
A. Civil Penalty. Any person, business, or
other legal entity purchasing, possessing,
selling, delivering, bartering, or
manufacturing liquor products in violation of
any part of this Ordinance, or of any rule or
regulation adopted pursuant to this
Ordinance, shall be subject to a civil
assessment of not more than one thousand
dollars ($1000) for each violation.
B. Criminal Penalty. In addition to civil
penalties, a person, business, or other legal
entity may be subject to criminal prosecution
by the Pueblo for the purchasing, possessing,
selling, delivering, bartering, or
manufacturing liquor products in violation of
any part of this Ordinance, or of any rule or
E:\FR\FM\02FEN1.SGM
02FEN1
Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Notices
regulation adopted pursuant to this
Ordinance.
C. Contraband. All contraband
merchandise shall be confiscated by the
Pueblo and disposed of as directed by the
Tribal Council.
8. Sovereign Immunity Reserved. Nothing
in this Ordinance shall be construed as a
waiver of sovereign immunity or rights of the
Pueblo.
9. Amendments. This Ordinance may be
amended by the Tribal Council, subject to
approval by the Secretary of the Interior or
the Secretary’s designee.
10. Effective Date. This Ordinance shall be
in effect upon the date of publication in the
Federal Register by the Secretary of the
Interior or the Secretary’s designee.
[FR Doc. E6–1395 Filed 2–1–06; 8:45 am]
BILLING CODE 4310–4J–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[WO–310–1310–01–PB–24 1A; OMB Control
Number 1004–0034]
hsrobinson on PROD1PC71 with NOTICES
Information Collection Submitted to
the Office of Management and Budget
Under the Paperwork Reduction Act
The Bureau of Land Management
(BLM) has submitted the proposed
collection of information listed below to
the Office of Management and Budget
for approval under the provisions of the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.). On April 6, 2005, BLM
published a notice in the Federal
Register (70 FR 17462) requesting
comments on the collection. The
comment period closed on June 6, 2005.
BLM received no comments. You may
obtain copies of the proposed collection
of information and related explanatory
material by contacting the BLM
Information Collection Clearance Officer
at the telephone number listed below.
OMB is required to respond to this
request within 60 days but may respond
after 30 days. For maximum
consideration, your comments and
suggestions on the requirements should
be directed within 30 days to the Office
of Management and Budget, Interior
Department Desk Officer (1004–0034), at
OMB–OIRA via facsimile to (202) 395–
6566 or e-mail to
OIRA_DOCKET@omb.eop.gov. Please
provide a copy of your comments to the
BLM Information Collection Clearance
Officer (WO–630) Bureau of Land
Management, Eastern States Office, 7450
Boston Blvd., Springfield, Virginia
22153.
Nature of Comments: We specifically
request your comments on the
following:
1. Whether the collection of
information is necessary for the proper
VerDate Aug<31>2005
15:26 Feb 01, 2006
Jkt 208001
functioning of the agency, including
whether the information will have
practical utility;
2. The accuracy of our estimates of the
information collection burden,
including the validity of the
methodology and assumptions we use;
3. Ways to enhance the quality,
utility, and clarity of the information
collected; and
4. Ways to minimize the information
collection burden on those who are to
respond, including the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Title: Oil and Gas Lease Transfers by
Assignment of Record Title or Operating
Rights (Sublease) 43 CFR 3106, 3135,
3216).
OMB Approval Number: 1004–0034.
Abstract: Respondents supply
information on these forms (3000–3 and
3000–3a) to assign/transfer an interest in
an oil and gas or geothermal lease.
Form Numbers: 3000–3 and 3000–3a.
Frequency: On occasion.
Description of Respondents:
Individuals, small businesses, large
corporations.
Estimated Completion Time: 30
minutes for each form.
Annual Responses: 60,000.
Filing Fee Per Response: $25 for oil
and gas and $50 for geothermal.
Annual Burden Hours: 30,000.
Bureau Clearance Officer: Ian Senio,
(202) 452–5033.
Dated: December 30, 2005.
Ian Senio,
Bureau of Land Management, Information
Collection Clearance Officer.
[FR Doc. 06–940 Filed 2–1–06; 8:45 am]
BILLING CODE 4310–84–M
DEPARTMENT OF THE INTERIOR
National Park Service
Native American Graves Protection
and Repatriation Review Committee:
Meeting
National Park Service, Interior.
Notice.
AGENCY:
ACTION:
SUMMARY: This is notice of a meeting of
the Native American Graves Protection
and Repatriation Review Committee.
The next Review Committee meeting is
a public teleconference on March 3,
2006, to consider the disposition of
culturally unidentifiable human
remains; discuss the agenda for the
Review Committee meeting tentatively
scheduled for May 30–31, 2006, in
Juneau, AK; review the Review
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
5681
Committee’s meeting, findings, and
dispute procedures; and receive
presentations and statements by Indian
tribes, Native Hawaiian organizations,
museums, Federal agencies, and the
public.
DATES: The meeting via teleconference
is on March 3, 2006, from 2 p.m. until
approximately 4 p.m. e.s.t.
FOR FURTHER INFORMATION CONTACT:
Designated Federal Officer, Native
American Graves Protection and
Repatriation Review Committee,
telephone (202) 354–2206, facsimile
(202) 371–5197, e-mail
timmckeown@nps.gov.
SUPPLEMENTARY INFORMATION: Authority.
Native American Graves Protection and
Repatriation Act (NAGPRA, 25 U.S.C.
3001 et seq.), and Federal Advisory
Committee Act (FACA, 5 U.S.C.
Appendix).
General Information. The Review
Committee was established by
NAGPRA. Review Committee members
are appointed by the Secretary of the
Interior. The Review Committee is
responsible for monitoring the NAGPRA
inventory and identification process;
reviewing and making findings related
to the identity or cultural affiliation of
cultural items, or the return of such
items; facilitating the resolution of
disputes; compiling an inventory of
culturally unidentifiable human
remains and recommending actions for
developing a process for disposition of
such remains; consulting with Indian
tribes and Native Hawaiian
organizations and museums on matters
within the scope of the work of the
Review Committee affecting such tribes
or organizations; consulting with the
Secretary of the Interior in the
development of regulations to carry out
NAGPRA; and making
recommendations regarding future care
of repatriated cultural items. The
Review Committee’s work is completed
during meetings that are open to the
public.
Transcripts of Review Committee
meetings are available approximately 8
weeks after each meeting at the National
NAGPRA program office, 1201 Eye
Street NW, Washington, DC. To request
electronic copies of meeting transcripts,
send an e-mail message to
nagpralinfo@nps.gov. Information
about NAGPRA, the Review Committee,
and Review Committee meetings is
available at the National NAGPRA Web
site, https://www.cr.nps.gov/nagpra; for
the Review Committee’s meeting
protocol, select ‘‘Review Committee,’’
then select ‘‘Procedures.’’
Meeting time and remote locations.
The teleconference meeting will begin at
E:\FR\FM\02FEN1.SGM
02FEN1
]]>Agencies
[Federal Register Volume 71, Number 22 (Thursday, February 2, 2006)]
[Notices]
[Pages 5680-5681]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1395]
[[Page 5680]]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Pueblo of Namb[eacute] Liquor Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Pueblo of Namb[eacute] Liquor
Ordinance. The Ordinance regulates and controls the possession, sale
and consumption of liquor within the Pueblo of Namb[eacute] Indian
Reservation. The Reservation is located on trust land and this
Ordinance allows for the possession and sale of alcoholic beverages
within the exterior boundaries of the Pueblo of Namb[eacute] Indian
Reservation. This Ordinance will increase the ability of the tribal
government to control the community'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.
DATES: Effective Date: This Ordinance is effective on February 2, 2006.
FOR FURTHER INFORMATION CONTACT: Iris Drew, Tribal Government Services
Officer, Southwest Regional Office, 1001 Indian School Road,
Albuquerque, New Mexico 87104, Telephone (505) 563-3530; Fax (505) 563-
3060; 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,
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 Namb[eacute] Tribal Council adopted
its Liquor Ordinance by Resolution No. NP-2005-27 on November 30, 2005.
The purpose of this Ordinance is to govern the sale, possession and
distribution of alcohol within the Pueblo of Namb[eacute] Indian
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
Pueblo of Namb[eacute] was duly adopted by the Tribal Council on
November 30, 2005.
Dated: January 27, 2006.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
The Pueblo of Namb[eacute] Liquor Ordinance reads as follows:
Pueblo of Namb[eacute] Liquor Ordinance 2005
1. Purpose. The purpose of the Pueblo of Nambe Liquor Ordinance
is to establish limitations and standards for the legalization of
the introduction, sale and possession of alcohol within the Pueblo
of Nambe lands as a means to provide revenue to serve the best
interests of the Pueblo.
2. Definitions. As used in this Ordinance, the following
definitions shall apply:
A. ``Alcohol'' or ``Liquor'' includes the four varieties of
liquor commonly referred to as alcohol, spirits, wine, and beer, and
all fermented, spirituous, vinous, or malt liquor, or combinations
thereof, and mixed liquor, a part of which is fermented, spirituous,
vinous, or malt liquor or otherwise intoxicating, and every liquor
or solid or semisolid or other substance, patented or not,
containing alcohol, spirits, wine, or beer.
B. ``Package'' means any container or receptacle used for
holding liquor.
C. ``Person'' means any individual, business, or other legal
entity.
D. ``Pueblo'' means the Pueblo of Nambe, a federally recognized
Tribe of Indians.
E. ``Reservation'' means all lands within the exterior
boundaries of the Pueblo of Nambe, including rights-of-way, lands
owned by or for the benefit of the Pueblo, tribally purchased lands,
and lands that may be leased by the Pueblo of Nambe.
F. ``Sale'' includes the exchange, barter, traffic, donation,
selling, supplying, or distribution of liquor.
G. ``Tribal Council'' means the Pueblo of Nambe Tribal Council.
3. State Law. Unless otherwise provided in this Ordinance,
standards for the sale and transaction of liquor shall be in
conformity with the laws of the State of New Mexico, as required by,
and in accordance with Sec. 18 U.S.C. 1161.
4. Sale and Possession.
A. Sales Limited. Sales of liquor are allowed on the following
lands:
i. Pueblo lands as assigned to the Pueblo of Nambe Gaming
Enterprise by the Tribal Council.
ii. Pueblo lands assigned to the Nambe Pueblo Development
Corporation by the Tribal Council.
iii. Other lands, individuals and entities only as permitted by
Tribal Council Resolution.
B. Sales for Personal Use; Resale Prohibited. All sales allowed
by this Ordinance shall be personal use of the individual purchaser.
Such sales for personal use must be in package form or by the drink.
Resale of any liquor is prohibited and violators shall be in
violation of this Ordinance and subject to penalties.
C. Limited to Adults. All handling, stocking, possession, and
sale of liquor shall be made by persons twenty-one (21) years of age
or older. Proof of age must be shown by a current and valid state
driver's license or other government issued identification that
contains birth date and photo of the holder of the license or
identification.
D. Right to Refuse Sale. Any person authorized to sell liquor
within the Pueblo shall have the authority to refuse to sell liquor
to any person unable to produce proof of age and identity.
E. Liability Insurance. Any person authorized to sell liquor
within the Pueblo shall obtain general liability insurance in the
amount not less than $1,000,000 (one million dollars) per
occurrence.
F. Tribal-State Compact. Any person authorized to dispense,
sell, serve or deliver alcohol within a gaming establishment shall
conform to all alcohol provisions contained in the current Tribal-
State Gaming Compact.
5. Tribal License.
A. Tribal Council Authorization. Any person may be authorized to
engage in the wholesale purchase, sale, or distribution of liquor
within Pueblo Reservation boundaries upon terms and conditions
approved by Tribal Council Resolution. Any person granted such
approval by Tribal Council Resolution will be deemed to have a
Pueblo of Nambe liquor license.
B. License Revocation. Tribal Council has the authority to
revoke a Tribal liquor license for any violations arising from this
Ordinance or other Pueblo Law and Order Code violations.
6. Offenses. Any person who violates this Ordinance is subject
to a civil penalty, at a minimum. Offenses include, but are not
limited to, the following:
A. Sales to Minors. No sale of liquor shall be made to any
person under the age of twenty-one (21).
B. Purchase by Minors. Any person under the age of twenty-one
(21) who purchases, attempts to purchase, or possesses any liquor
shall be in the violation of this Ordinance.
C. Unauthorized Sale. It shall be a violation of this ordinance
for any person within the boundaries of the Pueblo Reservation to:
i. Buy liquor from any person other than those properly
authorized by Tribal Council Resolution and in compliance with this
Ordinance, or
ii. Sell alcohol outside the portion of the Pueblo Reservation
authorized for sale by that license.
D. Intoxicated Persons. It shall be a violation of this
ordinance for any person to sell liquor to an intoxicated person.
E. Other violations of this Ordinance.
7. Penalties.
A. Civil Penalty. Any person, business, or other legal entity
purchasing, possessing, selling, delivering, bartering, or
manufacturing liquor products in violation of any part of this
Ordinance, or of any rule or regulation adopted pursuant to this
Ordinance, shall be subject to a civil assessment of not more than
one thousand dollars ($1000) for each violation.
B. Criminal Penalty. In addition to civil penalties, a person,
business, or other legal entity may be subject to criminal
prosecution by the Pueblo for the purchasing, possessing, selling,
delivering, bartering, or manufacturing liquor products in violation
of any part of this Ordinance, or of any rule or
[[Page 5681]]
regulation adopted pursuant to this Ordinance.
C. Contraband. All contraband merchandise shall be confiscated
by the Pueblo and disposed of as directed by the Tribal Council.
8. Sovereign Immunity Reserved. Nothing in this Ordinance shall
be construed as a waiver of sovereign immunity or rights of the
Pueblo.
9. Amendments. This Ordinance may be amended by the Tribal
Council, subject to approval by the Secretary of the Interior or the
Secretary's designee.
10. Effective Date. This Ordinance shall be in effect upon the
date of publication in the Federal Register by the Secretary of the
Interior or the Secretary's designee.
[FR Doc. E6-1395 Filed 2-1-06; 8:45 am]
BILLING CODE 4310-4J-P
