Pit River Tribe Liquor Control Ordinance, 8056-8059 [E8-2536]
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ACTION:
Federal Register / Vol. 73, No. 29 / Tuesday, February 12, 2008 / Notices
Notice of Application Deadline.
SUMMARY: In this notice, the Office of
Self-Governance (OSG) establishes a
March 3, 2008, deadline for tribes/
consortia to submit completed
applications to begin participation in
the tribal self-governance program in
fiscal year 2009 or calendar year 2009.
DATES: Completed application packages
must be received by the Director, Office
of Self-Governance, by March 3, 2008.
ADDRESSES: Application packages for
inclusion in the applicant pool should
be sent to Ms. Sharee M. Freeman,
Director, Office of Self-Governance,
Department of the Interior, Mail Stop
355–G–SIB, 1951 Constitution Avenue,
NW., Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Dr.
Kenneth D. Reinfeld, Office of SelfGovernance, Telephone 202–208–5734.
SUPPLEMENTARY INFORMATION: Under the
Tribal Self-Governance Act of 1994
(Pub. L. 103–413), as amended by the
Fiscal Year 1997 Omnibus
Appropriations Bill (Pub. L. 104–208),
the Director, Office of Self-Governance
may select up to 50 additional
participating tribes/consortia per year
for the tribal self-governance program,
and negotiate and enter into a written
funding agreement with each
participating tribe. The Act mandates
that the Secretary submit copies of the
funding agreements at least 90 days
before the proposed effective date to the
appropriate committees of the Congress
and to each tribe that is served by the
Bureau of Indian Affairs (BIA) agency
that is serving the tribe that is a party
to the funding agreement. Initial
negotiations with a tribe/consortium
located in a region and/or agency which
has not previously been involved with
self-governance negotiations, will take
approximately 2 months from start to
finish. Agreements for an October 1 to
September 30 funding year need to be
signed and submitted by July 1.
Agreements for a January 1 to December
31 funding year need to be signed and
submitted by October 1.
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Purpose of Notice
25 CFR Parts 1000.10 to 1000.31 will
be used to govern the application and
selection process for tribes/consortia to
begin their participation in the tribal
self-governance program in fiscal year
2009 and calendar year 2009.
Applicants should be guided by the
requirements in these subparts in
preparing their applications. Copies of
these subparts may be obtained from the
information contact person identified in
this notice.
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Tribes/consortia wishing to be
considered for participation in the tribal
self-governance program in fiscal year
2009 or calendar year 2009 must
respond to this notice, except for those
which are: (1) Currently involved in
negotiations with the Department; (2)
one of the 95 tribal entities with signed
agreements; or (3) one of the tribal
entities already included in the
applicant pool as of the date of this
notice.
Dated: January 16, 2008.
Carl J. Artman,
Assistant Secretary—Indian Affairs.
[FR Doc. E8–2574 Filed 2–11–08; 8:45 am]
this Liquor Control Ordinance on
September 7, 2007. The purpose of this
Ordinance is to govern the sale,
possession and distribution of alcohol
within the Pit River tribal lands.
This notice is published in
accordance with the authority delegated
by the Secretary of the Interior to the
Assistant Secretary-Indian Affairs. I
certify that this Liquor Control
Ordinance of the Pit River Tribe was
duly adopted by the Tribal Council on
September 7, 2007.
Dated: February 6, 2008.
Carl J. Artman,
Assistant Secretary—Indian Affairs.
BILLING CODE 4310–W8–P
The Pit River Tribe Liquor Control
Ordinance reads as follows:
DEPARTMENT OF THE INTERIOR
Pit River Liquor Control Ordinance
Bureau of Indian Affairs
07–03–38
Pit River Tribe Liquor Control
Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: This notice publishes the Pit
River Tribe Liquor Control Ordinance.
The Ordinance regulates and controls
the possession, sale and consumption of
liquor within the Pit River tribal land.
The tribal land is located on trust land
and this Ordinance allows for the
possession and sale of alcoholic
beverages. This Ordinance will increase
the ability of the tribal government to
control the distribution and possession
of liquor within their tribal land, and at
the same time will provide an important
source of revenue and strengthening of
the tribal government and the delivery
of tribal services.
DATES: Effective Date: This Ordinance is
effective February 12, 2008.
FOR FURTHER INFORMATION CONTACT: Fred
Doka Jr., Tribal Operations Officer,
Pacific Regional Office, 2800 Cottage
Way, Sacramento, CA 95825, Telephone
(916) 978–6067; or Elizabeth
Colliflower, Office of Tribal Services,
1849 C Street, NW., Mail Stop 4513–
MIB, Washington, DC 20240; Telephone
(202) 513–7627; Fax (202) 501–0679.
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 Pit River Tribal Council adopted
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Chapter I—Introduction
Section 101. Title. This ordinance
shall be known as the Pit River Liquor
Control Ordinance.
Section 102. Authority. This
ordinance is enacted pursuant to the Act
of August 15, 1953, 67 Stat. 586,
codified at 18 U.S.C. 1161, and by the
authority of the Pit River Tribal Council.
Section 103. Purpose. The purpose of
this ordinance is to regulate and control
the possession and sale of liquor on all
lands within the jurisdiction of the Pit
River Tribe. The enactment of a tribal
ordinance governing liquor possession
and sale on lands located within the
Tribe’s jurisdiction will increase the
ability of the tribal government to
control the sale, distribution and
possession of liquor on such lands and
will provide an important source of
revenue for the continued operation and
strengthening of the tribal government
and the delivery of tribal government
services.
Section 104. Effective Date. This
ordinance shall be effective on
certification by the Secretary of the
Interior and its publication in the
Federal Register.
Article 1. Declaration of public policy
and purpose.
(a) The introduction, possession, and
sale of liquor on lands located within
the Tribe’s jurisdiction is a matter of
special concern to the Tribe.
(b) Federal law currently prohibits the
introduction of liquor into Indian
Country (18 U.S.C. 1154), except as
provided therein and expressly
delegates to tribes the decision
regarding when and to what extent
liquor transactions shall be permitted.
(18 U.S.C. 1161).
(c) The Council recognizes that a need
exists for strict regulation and control
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Federal Register / Vol. 73, No. 29 / Tuesday, February 12, 2008 / Notices
over liquor transactions on lands within
the Tribe’s jurisdiction, because of the
many potential problems associated
with the unregulated or inadequately
regulated sale, possession, distribution,
and consumption of liquor. The Council
finds that tribal control and regulation
of liquor is necessary to achieve
maximum economic benefit to the
Tribe, to protect the health and welfare
of tribal members, and to address
specific concerns relating to alcohol use
on lands within the Tribe’s jurisdiction.
(d) It is in the best interests of the
Tribe to enact a tribal ordinance
governing liquor sales on lands within
the Tribe’s jurisdiction which provides
for exclusive purchase, distribution, and
sale of liquor only on such lands.
Further, the Tribe has determined that
said purchase, distribution, and sale
shall take place only at tribally-owned
enterprises and/or tribally licensed
establishments operating on lands
within the Tribe’s jurisdiction.
Article II. Definitions.
As used in this title, the following
words shall have the following
meanings unless the context clearly
requires otherwise:
(a) ‘‘Alcohol’’ means that substance
known as ethyl alcohol, hydrated oxide
of ethyl, ethanol, or spirits of wine, from
whatever source or by whatever process
produced.
(b) ‘‘Alcoholic Beverage’’ is
synonymous with the term ‘‘liquor’’ as
defined in Article II(e) of this Chapter.
(c) ‘‘Bar’’ means any establishment
with special space and accommodations
for the sale of liquor by the glass and for
consumption on the premises as herein
defined.
(d) ‘‘Beer’’ means any beverage
obtained by the alcoholic fermentation
of an infusion or decoction of pure
hops, or pure extract of hops and pure
barley malt or other wholesome grain or
cereal in pure water and containing the
percent of alcohol by volume subject to
regulation as an intoxicating beverage in
the state where the beverage is located.
(e) ‘‘Liquor’’ includes all fermented,
spirituous, vinous, or malt liquor or
combinations thereof, and mixed liquor,
a part of which is fermented, and every
liquid or solid or semisolid or other
substance, patented or not, containing
distilled or rectified spirits, potable
alcohol, beer, wine, brandy, whiskey,
rum, gin, aromatic bitters, and all drinks
or drinkable liquids and all preparations
or mixtures capable of human
consumption and any liquid, semisolid,
solid, or other substances, which
contains more than one half of one
percent of alcohol.
(f) ‘‘Liquor Store’’ means any store at
which liquor is sold and, for the
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purpose of this ordinance, including
stores only a portion of which are
devoted to the sale of liquor or beer.
(g) ‘‘Malt Liquor’’ means beer, strong
beer, ale, stout and porter.
(h) ‘‘Package’’ means any container or
receptacle used for holding liquor.
(i) ‘‘Public Place‘‘ includes state or
county or tribal or federal highways or
roads; buildings and grounds used for
school purposes; public dance halls and
grounds adjacent thereto; soft drink
establishments, public buildings, public
meeting halls, lobbies, halls and dining
rooms of hotels, restaurants, theaters,
gaming facilities, entertainment centers,
stores, garages, and filling stations
which are open to and/or are generally
used by the public and to which the
public is permitted to have unrestricted
access; public conveyances of all kinds
and character; and all other places of
like or similar nature to which the
general public has unrestricted right of
access, and which are generally used by
the public. For the purpose of this
ordinance, ‘‘Public Place’’ shall also
include any establishment other than a
single family home which is designed
for or may be used by more than just the
owner of the establishment.
(j) ‘‘Sale’’ and ‘‘Sell’’ include
exchange, barter and traffic; and also
include the selling or supplying or
distributing, by any means whatsoever,
of liquor, or of any liquid known or
described as beer or by any name
whatsoever commonly used to describe
malt or brewed liquor or of wine by any
person to any person.
(k) ‘‘Spirits’’ means any beverage
which contains alcohol obtained by
distillation, including wines exceeding
seventeen percent of alcohol by weight.
(l) ‘‘Tribal Council’’ means the Pit
River Tribal Council.
(m) ‘‘Wine’’ means any alcoholic
beverage obtained by fermentation of
the natural contents of fruits, vegetables,
honey, milk, or other products
containing sugar, whether or not other
ingredients are added, to which any
saccharine substances may have been
added before, during or after
fermentation, and containing not more
than seventeen percent of alcohol by
weight, including sweet wines fortified
with wine spirits, such as port, sherry,
muscatel and angelica, not exceeding
seventeen percent of alcohol by weight.
Article III. Powers of Enforcement.
Section 1. The Tribal Council. In
furtherance of this ordinance, the Tribal
Council shall have the following powers
and duties:
(a) To publish and enforce rules and
regulations adopted by the Tribal
Council governing the sale,
manufacture, distribution, and
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possession of alcoholic beverages on
lands within the Tribe’s jurisdiction;
(b) To employ managers, accountants,
security personnel, inspectors and such
other persons as shall be reasonably
necessary to allow the Tribal Council to
perform its functions. Such employees
shall be tribal employees;
(c) To authorize a representative in
respect to the enforcement of this
ordinance to issue licenses permitting
the sale or manufacture or distribution
of liquor on lands within the Tribe’s
jurisdiction and to revoke such licenses
as provided herein;
(d) To hold hearings on violations of
this ordinance or for the issuance or
revocation of licenses hereunder;
(e) To bring suit in the appropriate
court to enforce this ordinance as
necessary;
(f) To authorize a representative in
respect to the enforcement of this
ordinance to collect taxes and fees
levied or set by the Tribal Council and
to keep accurate records, books, and
accounts;
(h) To determine and seek damages
for violation of the ordinance.
Section 2. Limitations on Powers. In
the exercise of its powers and duties
under this ordinance, the Tribal Council
and its individual members shall not:
(a) Accept any gratuity, compensation
or other thing of value from any liquor
wholesaler, retailer, or distributor or
from any licensee;
(b) Waive the immunity of the Tribe
from suit without the express consent of
the members of the Pit River Tribe.
Section 3. Inspection Rights. The
premises on which liquor is sold or
distributed shall be open for inspection
by the Tribal Council and/or its
representative in respect to the
enforcement of this ordinance at all
reasonable times for the purpose of
ascertaining whether the rules and
regulations of the Tribal Council and
this ordinance are being complied with.
Article IV. Sales of Liquor.
Section 1. License Required. Sales of
liquor and alcoholic beverages on lands
within the Tribe’s jurisdiction may only
be made at businesses which hold a
Tribal Liquor License.
Section 2. Sales for Cash. All liquor
sales on lands within the Tribe’s
jurisdiction shall be on a cash only basis
and no credit shall be extended to any
person, organization, or entity, except
that this provision does not prevent the
payment for purchases with the use of
credit or debit cards such as Visa,
MasterCard, American Express, etc.
Section 3. Sale for Personal
Consumption. All sales shall be for the
personal use and consumption of the
purchaser. Resale of any alcoholic
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Federal Register / Vol. 73, No. 29 / Tuesday, February 12, 2008 / Notices
beverage purchased on lands within the
Tribe’s jurisdiction is prohibited. Any
person who is not licensed pursuant to
this ordinance who purchases an
alcoholic beverage on lands within the
Tribe’s jurisdiction and sells it, whether
in the original container or not, shall be
guilty of a violation of this ordinance
and shall be subject to paying damages
to the Tribe as set forth herein.
Article V. Licensing.
Section 1. Procedure. In order to
control the proliferation of
establishments on lands within the
Tribe’s jurisdiction which sell or serve
liquor by the bottle or by the drink, all
persons or entities which desire to sell
liquor on lands within the Tribe’s
jurisdiction must apply to the Tribe for
a license to sell or serve liquor.
Section 2. Application. Any person or
entity applying for a license to sell or
serve liquor on lands within the Tribe’s
jurisdiction must fill in the application
provided for this purpose by the Tribe
and pay such application fee as may be
set from time to time by the Tribal
Council for this purpose. Said
application must be filled out
completely in order to be considered.
Section 3. Issuance of License. The
Tribal Council or, if so authorized, a
representative in respect to the
enforcement of this ordinance, may
issue a license if it believes that such
issuance is in the best interests of the
Tribe and its members.
Section 4. Period of License. Each
license may be issued for a period not
to exceed two (2) years from the date of
issuance.
Section 5. Renewal of License. A
licensee may renew its license if the
licensee has complied in full with this
ordinance provided however, that the
Tribal Council’s representative in
respect to the enforcement of this
ordinance, or in the absence thereof the
Tribal Council may refuse to renew a
license if it finds that doing so would
not be in the best interests of the health
and safety of the Tribe.
Section 6. Revocation of License. The
Tribal Council’s representative in
respect to the enforcement of this
ordinance or, in the absence thereof, the
Tribal Council may revoke a license for
reasonable cause upon notice and
hearing at which the licensee is given an
opportunity to respond to any charges
against it and to demonstrate why the
license should not be suspended or
revoked.
Section 7. Transferability of License.
Licenses issued by the Tribal Council’s
representative in respect to the
enforcement of this ordinance or, in the
absence thereof, the Tribal Council shall
not be transferable and may only be
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utilized by the person or entity in whose
name it was issued.
Article VI. Taxes.
Section 1. Sales Tax. There is hereby
levied and shall be collected a tax on
each retail sale of liquor or alcoholic
beverage on lands within the Tribe’s
jurisdiction in the amount of one
percent (1%) of the retail sales price. All
taxes from the sale of liquor and
alcoholic beverages on lands within the
Tribe’s jurisdiction shall be paid over to
the General Fund of the Tribe.
Section 2. Taxes Due. All taxes for the
sale of liquor and alcoholic beverages on
lands within the Tribe’s jurisdiction are
due on the 15th day of the month
following the end of the calendar
quarter for which the taxes are due.
Section 3. Delinquent Taxes. Past due
taxes shall accrue interest at 2% per
month.
Section 4. Reports. Along with
payment of the taxes imposed herein,
the taxpayer shall submit a quarterly
accounting of all income from the sale
or distribution of liquor, as well as for
the taxes collected.
Section 5. Audit. As a condition of
obtaining a license, the licensee must
agree to the review or audit of its books
and records relating to the sale of liquor
and alcoholic beverages on lands within
the Tribe’s jurisdiction. Said review or
audit may be done periodically by the
Tribe through its agents or employees
whenever, in the opinion of the Tribal
Council or its representative for
purposes of enforcing this ordinance,
such a review or audit is necessary to
verify the accuracy of reports.
Article VII. Rules, Regulations, and
Enforcement.
Section 1. In any proceeding under
this ordinance, conviction of one
unlawful sale or distribution of liquor
shall establish prima facie intent of
unlawfully keeping liquor for sale,
selling liquor or distributing liquor in
violation of this ordinance.
Section 2. Any person who shall sell
or offer for sale or distribute or transport
in any manner liquor in violation of this
ordinance, or who shall operate or shall
have liquor for sale in his possession
without a license, shall be guilty of a
violation of this ordinance, subjecting
him or her to civil damages assessed by
the Tribal Council.
Section 3. Any person within the
boundaries of lands within the Tribe’s
jurisdiction who buys liquor from any
person other than a properly licensed
facility shall be guilty of a violation of
this ordinance.
Section 4. Any person who keeps or
possesses liquor upon his person or in
any place or on premises conducted or
maintained by his principal or agent
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with the intent to sell or distribute it
contrary to the provisions of this title,
shall be guilty of a violation of this
ordinance.
Section 5. Any person who knowingly
sells liquor to a person who appears to
be intoxicated shall be guilty of a
violation of this ordinance.
Section 6. Any person engaging
wholly or in part in the business of
carrying passengers for hire, and every
agent, servant, or employee of such
person, who shall knowingly permit any
person to drink liquor in any public
conveyance shall be guilty of an offense.
Any person who shall drink liquor in a
public conveyance shall be guilty of a
violation of this ordinance.
Section 7. No person under the age of
21 years shall consume, acquire or have
in his possession any liquor or alcoholic
beverage. No person shall permit any
other person under the age of 21 to
consume liquor on his premises or any
premises under his control except in
those situations set out in this section.
Any person violating this section shall
be guilty of a separate violation of this
ordinance for each and every drink so
consumed.
Section 8. Any person who shall sell
or provide any liquor to any person
under the age of 21 years shall be guilty
of a violation of this ordinance for each
such sale or drink provided.
Section 9. Any person who transfers
in any manner an identification of age
to a person under the age of 21 years for
the purpose of permitting such person
to obtain liquor shall be guilty of an
offense; provided, that corroborative
testimony of a witness other than the
underage person shall be a requirement
of finding a violation of this ordinance.
Section 10. Any person who attempts
to purchase an alcoholic beverage
through the use of false or altered
identification which falsely purports to
show the individual to be over the age
of 21 years shall be guilty of violating
this ordinance.
Section 11. Any person guilty of a
violation of this ordinance shall be
liable to pay the Tribe the amount of
$500 per violation as civil damages to
defray the Tribe’s cost of enforcement of
this ordinance.
Section 12. When requested by the
provider of liquor, any person shall be
required to present official
documentation of the bearer’s age,
signature and photograph. Official
documentation includes one of the
following:
(1) Tribal identification card;
(2) Driver’s license or identification
card issued by any state department of
motor vehicles;
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(3) United States Active Duty
Military;
(4) Passport.
Section 13. Liquor which is
possessed, including for sale, contrary
to the terms of this ordinance is
declared to be contraband. Any tribal
agent, employee or officer who is
authorized by the Tribal Council to
enforce this section shall seize all
contraband and preserve it in
accordance with the provisions
established for the preservation of
impounded property.
Section 14. Upon being found in
violation of the ordinance, the party
shall forfeit all right, title and interest in
the items seized which shall become the
property of the Tribe.
Article VII. Abatement.
Section 1. Any room, house, building,
vehicle, structure, or other place where
liquor is sold, manufactured, bartered,
exchanged, given away, furnished, or
otherwise disposed of in violation of the
provisions of this ordinance or of any
other tribal law relating to the
manufacture, importation,
transportation, possession, distribution,
and sale of liquor, and all property kept
in and used in maintaining such place,
is hereby declared to be a nuisance.
Section 2. The Chairman of the Tribal
Council or, if the Chairman fails or
refuses to do so, by a majority vote, the
Tribal Council shall institute and
maintain an action in the name of the
Tribe to abate and perpetually enjoin
any nuisance declared under this
article. In addition to all other remedies
at tribal law, the Court may also order
the room, house, building, vehicle,
structure, or place closed for a period of
one (1) year or until the owner, lessee,
tenant, or occupant thereof shall give
bond of sufficient sum of not less than
$25,000 payable to the Tribe and
conditioned that liquor will not be
thereafter manufactured, kept, sold,
bartered, exchanged, given away,
furnished, or otherwise disposed of
there in violation of the provisions of
this ordinance or of any other applicable
tribal law and that he will pay all fines,
costs and damages assessed against him
for any violation of this ordinance or
other tribal liquor laws. If any
conditions of the bond be violated, the
bond may be recovered for the use of the
Tribe.
Section 3. In all cases where any
person has been found in violation of
this ordinance relating to the
manufacture, importation,
transportation, possession, distribution,
and/or sale of liquor, an action may be
brought to abate as a nuisance any real
estate or other property involved in the
violation of the ordinance and violation
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of this ordinance shall be prima facie
evidence that the room, house, building,
vehicle, structure, or place against
which such action is brought is a public
nuisance.
Article IX. Revenue.
Revenue provided for under this
ordinance, from whatever source, shall
be expended for administrative costs
incurred in the enforcement of this
ordinance. Excess funds shall be subject
to appropriation by the Tribal Council
for essential governmental and social
services.
Article X. Severability and Effective
Date.
Section 1. If any provision or
application of this ordinance is
determined by review to be invalid,
such determination shall not be held to
render ineffectual the remaining
portions of this ordinance or to render
such provisions inapplicable to other
persons or circumstances.
Section 2. This ordinance shall be
effective on such date as the Secretary
of the Interior certifies this ordinance
and publishes the same in the Federal
Register.
Section 3. Any and all prior
enactments of the Tribal Council which
are inconsistent with the provisions of
this ordinance are hereby rescinded.
Article XI. Amendment.
This ordinance may only be amended
by a vote of the Tribal Council and
subsequent review by the appropriate
official of the Department of the Interior
and publication in the Federal Register.
[FR Doc. E8–2536 Filed 2–11–08; 8:45 am]
8059
boundary, construction and operation of
a copper beneficiation facility, and
development of new leaching facilities
at the Phoenix Mine. This notice
initiates the public scoping process and
announces a public meeting.
DATES: Written comments on the scope
of the SEIS will be accepted until March
13, 2008. A scoping meeting will be
held on Wednesday, February 27, 2008
at the Battle Mountain Field Office from
6 p.m. to 8 p.m.
ADDRESSES: Written comments should
be mailed to the BLM Battle Mountain
Field Office, ATTN: Jon Sherve, 50
Bastian Road, Battle Mountain, NV
89820; faxed to ATTN: Jon Sherve at
(775) 635–4034; or e-mailed to:
phoenix_copper_SEIS@blm.gov.
Christopher
Worthington (775) 635–4144 or e-mail
christopher_worthington@nv.blm.gov.
FOR FURTHER INFORMATION:
Newmont
Mining Corporation (Newmont) has
submitted an amended Plan of
Operations (NVN–067930) to the BLM
for the proposed mining project. A
third-party contractor will prepare the
SEIS under the direction of the BLM
pursuant to Council on Environmental
Quality regulations 1502.14(a) and
1502.14(d). In addition to the proposed
action, the BLM will explore and
objectively evaluate all reasonable
alternatives, including the alternative of
no action.
The proposed project area is located
approximately 12 miles southwest of
Battle Mountain, Nevada.
SUPPLEMENTARY INFORMATION:
BILLING CODE 4310–4J–P
Mount Diablo Meridian, Nevada
T. 30 and 31 N., R. 43 E.
DEPARTMENT OF THE INTERIOR
The Phoenix Mine is located in the
Copper Canyon portion of the Battle
Mountain Mining District in Lander
County, Nevada. The current project
area includes approximately 7,139
acres; 2,865 acres of public land and
4,275 acres privately owned by
Newmont. Most of the facilities
associated with this proposal will be
located on lands previously approved
for surface disturbance. This proposed
plan would increase the project surface
disturbance by approximately 910 acres
(185 acres of public land and 725 acres
of private land), and includes
construction and operation of a new
solvent extraction-electrowinning (SX–
EW) facility, development of two copper
leach facilities, construction of four new
process ponds, development of a new
clay borrow area, designation of an
optional use area that would be used
either as a waste rock facility, a tailings
facility, copper or gold leach facility,
and/or growth media borrow area, and
Bureau of Land Management
[NV–060–5110–GN–CF20; NVN–067930: 8–
08807; TAS: 14X5017]
Notice of Intent To Prepare a
Supplemental Environmental Impact
Statement for the Phoenix Copper
Leach Project, Lander County, NV
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: Pursuant to Section 102(2)(C)
of the National Environmental Policy
Act (NEPA) of 1969, 40 CFR 1500–1508,
and 43 CFR 3809, the Bureau of Land
Management (BLM), Battle Mountain
Field Office will prepare a
Supplemental Environmental Impact
Statement (SEIS) for the Phoenix Copper
Leach Project located in Lander County,
Nevada. The proposal includes
expansion of the existing project
PO 00000
Frm 00030
Fmt 4703
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]]>Agencies
[Federal Register Volume 73, Number 29 (Tuesday, February 12, 2008)]
[Notices]
[Pages 8056-8059]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2536]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Pit River Tribe Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the Pit River Tribe Liquor Control
Ordinance. The Ordinance regulates and controls the possession, sale
and consumption of liquor within the Pit River tribal land. The tribal
land is located on trust land and this Ordinance allows for the
possession and sale of alcoholic beverages. This Ordinance will
increase the ability of the tribal government to control the
distribution and possession of liquor within their tribal land, and at
the same time will provide an important source of revenue and
strengthening of the tribal government and the delivery of tribal
services.
DATES: Effective Date: This Ordinance is effective February 12, 2008.
FOR FURTHER INFORMATION CONTACT: Fred Doka Jr., Tribal Operations
Officer, Pacific Regional Office, 2800 Cottage Way, Sacramento, CA
95825, Telephone (916) 978-6067; or Elizabeth Colliflower, Office of
Tribal Services, 1849 C Street, NW., Mail Stop 4513-MIB, Washington, DC
20240; Telephone (202) 513-7627; Fax (202) 501-0679.
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 Pit River Tribal Council adopted
this Liquor Control Ordinance on September 7, 2007. The purpose of this
Ordinance is to govern the sale, possession and distribution of alcohol
within the Pit River tribal lands.
This notice is published in accordance with the authority delegated
by the Secretary of the Interior to the Assistant Secretary-Indian
Affairs. I certify that this Liquor Control Ordinance of the Pit River
Tribe was duly adopted by the Tribal Council on September 7, 2007.
Dated: February 6, 2008.
Carl J. Artman,
Assistant Secretary--Indian Affairs.
The Pit River Tribe Liquor Control Ordinance reads as follows:
Pit River Liquor Control Ordinance
07-03-38
Chapter I--Introduction
Section 101. Title. This ordinance shall be known as the Pit River
Liquor Control Ordinance.
Section 102. Authority. This ordinance is enacted pursuant to the
Act of August 15, 1953, 67 Stat. 586, codified at 18 U.S.C. 1161, and
by the authority of the Pit River Tribal Council.
Section 103. Purpose. The purpose of this ordinance is to regulate
and control the possession and sale of liquor on all lands within the
jurisdiction of the Pit River Tribe. The enactment of a tribal
ordinance governing liquor possession and sale on lands located within
the Tribe's jurisdiction will increase the ability of the tribal
government to control the sale, distribution and possession of liquor
on such lands and will provide an important source of revenue for the
continued operation and strengthening of the tribal government and the
delivery of tribal government services.
Section 104. Effective Date. This ordinance shall be effective on
certification by the Secretary of the Interior and its publication in
the Federal Register.
Article 1. Declaration of public policy and purpose.
(a) The introduction, possession, and sale of liquor on lands
located within the Tribe's jurisdiction is a matter of special concern
to the Tribe.
(b) Federal law currently prohibits the introduction of liquor into
Indian Country (18 U.S.C. 1154), except as provided therein and
expressly delegates to tribes the decision regarding when and to what
extent liquor transactions shall be permitted. (18 U.S.C. 1161).
(c) The Council recognizes that a need exists for strict regulation
and control
[[Page 8057]]
over liquor transactions on lands within the Tribe's jurisdiction,
because of the many potential problems associated with the unregulated
or inadequately regulated sale, possession, distribution, and
consumption of liquor. The Council finds that tribal control and
regulation of liquor is necessary to achieve maximum economic benefit
to the Tribe, to protect the health and welfare of tribal members, and
to address specific concerns relating to alcohol use on lands within
the Tribe's jurisdiction.
(d) It is in the best interests of the Tribe to enact a tribal
ordinance governing liquor sales on lands within the Tribe's
jurisdiction which provides for exclusive purchase, distribution, and
sale of liquor only on such lands. Further, the Tribe has determined
that said purchase, distribution, and sale shall take place only at
tribally-owned enterprises and/or tribally licensed establishments
operating on lands within the Tribe's jurisdiction.
Article II. Definitions.
As used in this title, the following words shall have the following
meanings unless the context clearly requires otherwise:
(a) ``Alcohol'' means that substance known as ethyl alcohol,
hydrated oxide of ethyl, ethanol, or spirits of wine, from whatever
source or by whatever process produced.
(b) ``Alcoholic Beverage'' is synonymous with the term ``liquor''
as defined in Article II(e) of this Chapter.
(c) ``Bar'' means any establishment with special space and
accommodations for the sale of liquor by the glass and for consumption
on the premises as herein defined.
(d) ``Beer'' means any beverage obtained by the alcoholic
fermentation of an infusion or decoction of pure hops, or pure extract
of hops and pure barley malt or other wholesome grain or cereal in pure
water and containing the percent of alcohol by volume subject to
regulation as an intoxicating beverage in the state where the beverage
is located.
(e) ``Liquor'' includes all fermented, spirituous, vinous, or malt
liquor or combinations thereof, and mixed liquor, a part of which is
fermented, and every liquid or solid or semisolid or other substance,
patented or not, containing distilled or rectified spirits, potable
alcohol, beer, wine, brandy, whiskey, rum, gin, aromatic bitters, and
all drinks or drinkable liquids and all preparations or mixtures
capable of human consumption and any liquid, semisolid, solid, or other
substances, which contains more than one half of one percent of
alcohol.
(f) ``Liquor Store'' means any store at which liquor is sold and,
for the purpose of this ordinance, including stores only a portion of
which are devoted to the sale of liquor or beer.
(g) ``Malt Liquor'' means beer, strong beer, ale, stout and porter.
(h) ``Package'' means any container or receptacle used for holding
liquor.
(i) ``Public Place`` includes state or county or tribal or federal
highways or roads; buildings and grounds used for school purposes;
public dance halls and grounds adjacent thereto; soft drink
establishments, public buildings, public meeting halls, lobbies, halls
and dining rooms of hotels, restaurants, theaters, gaming facilities,
entertainment centers, stores, garages, and filling stations which are
open to and/or are generally used by the public and to which the public
is permitted to have unrestricted access; public conveyances of all
kinds and character; and all other places of like or similar nature to
which the general public has unrestricted right of access, and which
are generally used by the public. For the purpose of this ordinance,
``Public Place'' shall also include any establishment other than a
single family home which is designed for or may be used by more than
just the owner of the establishment.
(j) ``Sale'' and ``Sell'' include exchange, barter and traffic; and
also include the selling or supplying or distributing, by any means
whatsoever, of liquor, or of any liquid known or described as beer or
by any name whatsoever commonly used to describe malt or brewed liquor
or of wine by any person to any person.
(k) ``Spirits'' means any beverage which contains alcohol obtained
by distillation, including wines exceeding seventeen percent of alcohol
by weight.
(l) ``Tribal Council'' means the Pit River Tribal Council.
(m) ``Wine'' means any alcoholic beverage obtained by fermentation
of the natural contents of fruits, vegetables, honey, milk, or other
products containing sugar, whether or not other ingredients are added,
to which any saccharine substances may have been added before, during
or after fermentation, and containing not more than seventeen percent
of alcohol by weight, including sweet wines fortified with wine
spirits, such as port, sherry, muscatel and angelica, not exceeding
seventeen percent of alcohol by weight.
Article III. Powers of Enforcement.
Section 1. The Tribal Council. In furtherance of this ordinance,
the Tribal Council shall have the following powers and duties:
(a) To publish and enforce rules and regulations adopted by the
Tribal Council governing the sale, manufacture, distribution, and
possession of alcoholic beverages on lands within the Tribe's
jurisdiction;
(b) To employ managers, accountants, security personnel, inspectors
and such other persons as shall be reasonably necessary to allow the
Tribal Council to perform its functions. Such employees shall be tribal
employees;
(c) To authorize a representative in respect to the enforcement of
this ordinance to issue licenses permitting the sale or manufacture or
distribution of liquor on lands within the Tribe's jurisdiction and to
revoke such licenses as provided herein;
(d) To hold hearings on violations of this ordinance or for the
issuance or revocation of licenses hereunder;
(e) To bring suit in the appropriate court to enforce this
ordinance as necessary;
(f) To authorize a representative in respect to the enforcement of
this ordinance to collect taxes and fees levied or set by the Tribal
Council and to keep accurate records, books, and accounts;
(h) To determine and seek damages for violation of the ordinance.
Section 2. Limitations on Powers. In the exercise of its powers and
duties under this ordinance, the Tribal Council and its individual
members shall not:
(a) Accept any gratuity, compensation or other thing of value from
any liquor wholesaler, retailer, or distributor or from any licensee;
(b) Waive the immunity of the Tribe from suit without the express
consent of the members of the Pit River Tribe.
Section 3. Inspection Rights. The premises on which liquor is sold
or distributed shall be open for inspection by the Tribal Council and/
or its representative in respect to the enforcement of this ordinance
at all reasonable times for the purpose of ascertaining whether the
rules and regulations of the Tribal Council and this ordinance are
being complied with.
Article IV. Sales of Liquor.
Section 1. License Required. Sales of liquor and alcoholic
beverages on lands within the Tribe's jurisdiction may only be made at
businesses which hold a Tribal Liquor License.
Section 2. Sales for Cash. All liquor sales on lands within the
Tribe's jurisdiction shall be on a cash only basis and no credit shall
be extended to any person, organization, or entity, except that this
provision does not prevent the payment for purchases with the use of
credit or debit cards such as Visa, MasterCard, American Express, etc.
Section 3. Sale for Personal Consumption. All sales shall be for
the personal use and consumption of the purchaser. Resale of any
alcoholic
[[Page 8058]]
beverage purchased on lands within the Tribe's jurisdiction is
prohibited. Any person who is not licensed pursuant to this ordinance
who purchases an alcoholic beverage on lands within the Tribe's
jurisdiction and sells it, whether in the original container or not,
shall be guilty of a violation of this ordinance and shall be subject
to paying damages to the Tribe as set forth herein.
Article V. Licensing.
Section 1. Procedure. In order to control the proliferation of
establishments on lands within the Tribe's jurisdiction which sell or
serve liquor by the bottle or by the drink, all persons or entities
which desire to sell liquor on lands within the Tribe's jurisdiction
must apply to the Tribe for a license to sell or serve liquor.
Section 2. Application. Any person or entity applying for a license
to sell or serve liquor on lands within the Tribe's jurisdiction must
fill in the application provided for this purpose by the Tribe and pay
such application fee as may be set from time to time by the Tribal
Council for this purpose. Said application must be filled out
completely in order to be considered.
Section 3. Issuance of License. The Tribal Council or, if so
authorized, a representative in respect to the enforcement of this
ordinance, may issue a license if it believes that such issuance is in
the best interests of the Tribe and its members.
Section 4. Period of License. Each license may be issued for a
period not to exceed two (2) years from the date of issuance.
Section 5. Renewal of License. A licensee may renew its license if
the licensee has complied in full with this ordinance provided however,
that the Tribal Council's representative in respect to the enforcement
of this ordinance, or in the absence thereof the Tribal Council may
refuse to renew a license if it finds that doing so would not be in the
best interests of the health and safety of the Tribe.
Section 6. Revocation of License. The Tribal Council's
representative in respect to the enforcement of this ordinance or, in
the absence thereof, the Tribal Council may revoke a license for
reasonable cause upon notice and hearing at which the licensee is given
an opportunity to respond to any charges against it and to demonstrate
why the license should not be suspended or revoked.
Section 7. Transferability of License. Licenses issued by the
Tribal Council's representative in respect to the enforcement of this
ordinance or, in the absence thereof, the Tribal Council shall not be
transferable and may only be utilized by the person or entity in whose
name it was issued.
Article VI. Taxes.
Section 1. Sales Tax. There is hereby levied and shall be collected
a tax on each retail sale of liquor or alcoholic beverage on lands
within the Tribe's jurisdiction in the amount of one percent (1%) of
the retail sales price. All taxes from the sale of liquor and alcoholic
beverages on lands within the Tribe's jurisdiction shall be paid over
to the General Fund of the Tribe.
Section 2. Taxes Due. All taxes for the sale of liquor and
alcoholic beverages on lands within the Tribe's jurisdiction are due on
the 15th day of the month following the end of the calendar quarter for
which the taxes are due.
Section 3. Delinquent Taxes. Past due taxes shall accrue interest
at 2% per month.
Section 4. Reports. Along with payment of the taxes imposed herein,
the taxpayer shall submit a quarterly accounting of all income from the
sale or distribution of liquor, as well as for the taxes collected.
Section 5. Audit. As a condition of obtaining a license, the
licensee must agree to the review or audit of its books and records
relating to the sale of liquor and alcoholic beverages on lands within
the Tribe's jurisdiction. Said review or audit may be done periodically
by the Tribe through its agents or employees whenever, in the opinion
of the Tribal Council or its representative for purposes of enforcing
this ordinance, such a review or audit is necessary to verify the
accuracy of reports.
Article VII. Rules, Regulations, and Enforcement.
Section 1. In any proceeding under this ordinance, conviction of
one unlawful sale or distribution of liquor shall establish prima facie
intent of unlawfully keeping liquor for sale, selling liquor or
distributing liquor in violation of this ordinance.
Section 2. Any person who shall sell or offer for sale or
distribute or transport in any manner liquor in violation of this
ordinance, or who shall operate or shall have liquor for sale in his
possession without a license, shall be guilty of a violation of this
ordinance, subjecting him or her to civil damages assessed by the
Tribal Council.
Section 3. Any person within the boundaries of lands within the
Tribe's jurisdiction who buys liquor from any person other than a
properly licensed facility shall be guilty of a violation of this
ordinance.
Section 4. Any person who keeps or possesses liquor upon his person
or in any place or on premises conducted or maintained by his principal
or agent with the intent to sell or distribute it contrary to the
provisions of this title, shall be guilty of a violation of this
ordinance.
Section 5. Any person who knowingly sells liquor to a person who
appears to be intoxicated shall be guilty of a violation of this
ordinance.
Section 6. Any person engaging wholly or in part in the business of
carrying passengers for hire, and every agent, servant, or employee of
such person, who shall knowingly permit any person to drink liquor in
any public conveyance shall be guilty of an offense. Any person who
shall drink liquor in a public conveyance shall be guilty of a
violation of this ordinance.
Section 7. No person under the age of 21 years shall consume,
acquire or have in his possession any liquor or alcoholic beverage. No
person shall permit any other person under the age of 21 to consume
liquor on his premises or any premises under his control except in
those situations set out in this section. Any person violating this
section shall be guilty of a separate violation of this ordinance for
each and every drink so consumed.
Section 8. Any person who shall sell or provide any liquor to any
person under the age of 21 years shall be guilty of a violation of this
ordinance for each such sale or drink provided.
Section 9. Any person who transfers in any manner an identification
of age to a person under the age of 21 years for the purpose of
permitting such person to obtain liquor shall be guilty of an offense;
provided, that corroborative testimony of a witness other than the
underage person shall be a requirement of finding a violation of this
ordinance.
Section 10. Any person who attempts to purchase an alcoholic
beverage through the use of false or altered identification which
falsely purports to show the individual to be over the age of 21 years
shall be guilty of violating this ordinance.
Section 11. Any person guilty of a violation of this ordinance
shall be liable to pay the Tribe the amount of $500 per violation as
civil damages to defray the Tribe's cost of enforcement of this
ordinance.
Section 12. When requested by the provider of liquor, any person
shall be required to present official documentation of the bearer's
age, signature and photograph. Official documentation includes one of
the following:
(1) Tribal identification card;
(2) Driver's license or identification card issued by any state
department of motor vehicles;
[[Page 8059]]
(3) United States Active Duty Military;
(4) Passport.
Section 13. Liquor which is possessed, including for sale, contrary
to the terms of this ordinance is declared to be contraband. Any tribal
agent, employee or officer who is authorized by the Tribal Council to
enforce this section shall seize all contraband and preserve it in
accordance with the provisions established for the preservation of
impounded property.
Section 14. Upon being found in violation of the ordinance, the
party shall forfeit all right, title and interest in the items seized
which shall become the property of the Tribe.
Article VII. Abatement.
Section 1. Any room, house, building, vehicle, structure, or other
place where liquor is sold, manufactured, bartered, exchanged, given
away, furnished, or otherwise disposed of in violation of the
provisions of this ordinance or of any other tribal law relating to the
manufacture, importation, transportation, possession, distribution, and
sale of liquor, and all property kept in and used in maintaining such
place, is hereby declared to be a nuisance.
Section 2. The Chairman of the Tribal Council or, if the Chairman
fails or refuses to do so, by a majority vote, the Tribal Council shall
institute and maintain an action in the name of the Tribe to abate and
perpetually enjoin any nuisance declared under this article. In
addition to all other remedies at tribal law, the Court may also order
the room, house, building, vehicle, structure, or place closed for a
period of one (1) year or until the owner, lessee, tenant, or occupant
thereof shall give bond of sufficient sum of not less than $25,000
payable to the Tribe and conditioned that liquor will not be thereafter
manufactured, kept, sold, bartered, exchanged, given away, furnished,
or otherwise disposed of there in violation of the provisions of this
ordinance or of any other applicable tribal law and that he will pay
all fines, costs and damages assessed against him for any violation of
this ordinance or other tribal liquor laws. If any conditions of the
bond be violated, the bond may be recovered for the use of the Tribe.
Section 3. In all cases where any person has been found in
violation of this ordinance relating to the manufacture, importation,
transportation, possession, distribution, and/or sale of liquor, an
action may be brought to abate as a nuisance any real estate or other
property involved in the violation of the ordinance and violation of
this ordinance shall be prima facie evidence that the room, house,
building, vehicle, structure, or place against which such action is
brought is a public nuisance.
Article IX. Revenue.
Revenue provided for under this ordinance, from whatever source,
shall be expended for administrative costs incurred in the enforcement
of this ordinance. Excess funds shall be subject to appropriation by
the Tribal Council for essential governmental and social services.
Article X. Severability and Effective Date.
Section 1. If any provision or application of this ordinance is
determined by review to be invalid, such determination shall not be
held to render ineffectual the remaining portions of this ordinance or
to render such provisions inapplicable to other persons or
circumstances.
Section 2. This ordinance shall be effective on such date as the
Secretary of the Interior certifies this ordinance and publishes the
same in the Federal Register.
Section 3. Any and all prior enactments of the Tribal Council which
are inconsistent with the provisions of this ordinance are hereby
rescinded.
Article XI. Amendment.
This ordinance may only be amended by a vote of the Tribal Council
and subsequent review by the appropriate official of the Department of
the Interior and publication in the Federal Register.
[FR Doc. E8-2536 Filed 2-11-08; 8:45 am]
BILLING CODE 4310-4J-P
