Pueblo of Nambé Liquor Ordinance, 5680-5681 [E6-1395]

Download as PDF 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]]

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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