Guidiville Band of Pomo Indians of the Guidiville Indian Rancheria Liquor Control Ordinance, 34782-34783 [E8-13725]

Download as PDF 34782 Federal Register / Vol. 73, No. 118 / Wednesday, June 18, 2008 / Notices individuals who had a claim paid in the last 3 years on a Title I loan. ED will provide HUD with debtor files contained in its system of records (Higher Education Act, Title IV Program File, 18–11–05), originally published in the Federal Register at 64 FR 30163–66 (June 4, 1999) and subsequently amended at 64 FR 72407 December 27, 1999). ED records from which the information is compiled are maintained in the Student Financial Assistance Collection system of records, 18–11–07, 64 FR 30166 (June 4, 1999), as amended, 64 FR 72407 (December 27, 1999). ED’s routine use for this match is published as routine use number one in the notice for the Student Financial Assistance Files, which permits disclosures of the pertinent information to HUD. ED’s data contain information on individuals who have defaulted on their guaranteed loans. ED will retain ownership and responsibility for their systems of records that they place with HUD. HUD serves only as a record location and routine use recipient for ED’s data and maintains these records only as a ministerial action on behalf of ED, and not as part of HUD’s systems of records. rwilkins on PROD1PC63 with NOTICES Notice Procedures HUD and ED have separate notification procedures. When the Federal credit being sought is a HUD/ FHA mortgage, HUD will notify individuals at the time of application (ensuring that routine use appears on the application form). ED will notify individuals at the time of application for Federal student loan programs that their records will be matched to determine whether they are delinquent or in default on a Federal debt. HUD and ED will also publish notices concerning ‘‘routine use’’ disclosures in the Federal Register to inform individuals that a computer match may be performed to determine a loan applicant’s credit status with the Federal government. Categories of Records/Individuals Involved The debtor records include these data elements: SSN, claim number, the Department of Education’s Regional Office Code, Collection Agency Code, program code, and indication of indebtedness. Categories of records include: Records of claims and defaults, repayment agreements, credit reports, financial statements, and records of foreclosures. Categories of individuals include: former mortgagors and purchasers of HUD-owned properties, and home improvement loan debtors who are delinquent or in default (at least 90 days delinquent on their loans or who have had their partial claim VerDate Aug<31>2005 18:01 Jun 17, 2008 Jkt 214001 subordinate mortgage called due and payable and it has not been paid in full); or who have any outstanding claims paid during the last 3 years on a title II insured or guaranteed home mortgage loans; or individuals who has a claim paid in the last 3 years on a Title I loan. ED’s data contain information on individuals who have defaulted on their guaranteed loans Period of the Match Matching will begin at least 40 days from the date copies of the signed (by both agencies DIBs) computer matching agreement are sent to both Houses of Congress and OMB or at least 30 days from the date this notice is published in the Federal Register, whichever is later, providing no comments are received which would result in a contrary determination. Dated: June 6, 2008. Joseph M. Milazzo, Acting Chief Information Officer. [FR Doc. E8–13876 Filed 6–17–08; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Guidiville Band of Pomo Indians of the Guidiville Indian Rancheria Liquor Control Ordinance AGENCY: Bureau of Indian Affairs, Interior. Notice. ACTION: SUMMARY: This notice publishes the Guidiville Band of Pomo Indians of the Guidiville Indian Rancheria Liquor Control Ordinance. The Ordinance regulates and controls the possession, sale and consumption of liquor within the Guidiville Band of Pomo Indians of the Guidiville Indian Rancheria tribal land. The tribal land is located on trust land. 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: This Ordinance is effective June 18, 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. PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 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 Guidiville Band of Pomo Indians of the Guidiville Indian Rancheria Tribal Council adopted this amendment to its Liquor Control Ordinance on March 27, 2008. The purpose of this Ordinance is to govern the sale, possession and distribution of alcohol within the Guidiville Band of Pomo Indians of the Guidiville Indian Rancheria tribal land. 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 the Guidiville Band of Pomo Indians adopted this Liquor Control Ordinance on March 27, 2008. SUPPLEMENTARY INFORMATION: Dated: June 9, 2008. George T. Skibine, Acting Deputy Assistant Secretary for Policy and Economic Development. The Guidiville Band of Pomo Indians of the Guidiville Indian Rancheria Liquor Control Ordinance reads as follows: Ordinance of the Guidiville Band of Pomo Indians of the Guidiville Indian Rancheria Ordinance Name: Guidiville Indian Rancheria Liquor Control Ordinance. Ordinance Number: 05–02, as amended. Date Approved: November 21, 2005. Date Amended: March 27, 2008. Whereas, Guidiville Indian Rancheria is a federally recognized Tribe as a result of the Scotts Valley et al. v. the United States case of September 6, 1991 (NO. C–86–3660–VRW); and, Whereas, The Tribal Council of the Guidiville Indian Rancheria is the duly authorized governing body of the Tribe to fully exercise governmental responsibilities, and is empowered to make Tribal policy, pass Tribal codes and ordinances, approve contracts, and carry out Tribal business under the authority of the Constitution of the Guidiville Indian Rancheria; and, Whereas, The Tribal Council has determined that an ordinance to regulate the possession and sale of liquor on lands, or future lands, and/or areas subject to the jurisdiction of the Tribe and to permit alcohol sales by business entities, corporations, tribally owned and operated enterprises, and at tribally approved special events, is in E:\FR\FM\18JNN1.SGM 18JNN1 rwilkins on PROD1PC63 with NOTICES Federal Register / Vol. 73, No. 118 / Wednesday, June 18, 2008 / Notices the best interests of the Tribe, its members and the general public; and Whereas, The Guidiville Band of Pomo Indians Liquor Control Ordinance is in conformity with the laws of the State of California as required by 18 U.S.C. 1161, and with all applicable federal laws and has been prepared and reviewed by staff, legal counsel and the Tribal Council for consistency with federal law and other tribal laws and regulations. Therefore be it resolved, that the Tribal Council representing the Guidiville Band of Pomo Indians of the Guidiville Indian Rancheria hereby adopts the following: Article 1: Name: This statute shall be known as the Guidiville Indian Rancheria Liquor Control Ordinance. Article 2: Authority: This statute is enacted pursuant to the general authority of the Guidiville Tribal Council and the Act of August 15, 1953, (Pub. L. 83–277, 67 Stat. 588, 18 U.S.C. 1161). Article 3: Purpose: The purpose of this statute is to regulate and control the possession and sale of liquor on lands and future lands that are within the jurisdiction of the Guidiville Band of Pomo Indians Tribal government, and to permit alcohol sales by tribally owned and operated enterprises, and at tribally approved special events, for the purpose of the economic development of the Tribe. The enactment of a tribal statute governing liquor possession and sales on lands within the jurisdiction of the Guidiville Tribal government will increase the ability of the Tribal Government to control liquor distribution and possession, and will provide an important source of revenue for the continued operations and strengthening of the tribal government, the economic viability of tribal enterprises, and the delivery of tribal government services. This Liquor Control Ordinance is in conformity with the laws of the State of California as required by 18 U.S.C. 1161, and with all applicable federal laws. Article 4: Effective Date: This statute shall be effective as of the date of its publication in the Federal Register. Article 5: Possession of Alcohol: The introduction or possession of alcoholic beverages shall be lawful on lands within the exterior boundaries of the Guidiville Indian Rancheria and/or general governmental jurisdiction of the Tribe, provided that such sales are in conformity with the laws of the State of California governing possession of alcoholic beverages. Article 6: Sales of Alcohol: (a) The sale of alcoholic beverages by business enterprises owned by and VerDate Aug<31>2005 18:01 Jun 17, 2008 Jkt 214001 subject to the control of the Tribe shall be lawful within the exterior boundaries of the Guidiville Indian Rancheria and/ or general governmental jurisdiction of the Tribe; provided that such sales are in conformity with the laws of the State of California governing the sale of alcoholic beverages. (b) The sale of alcoholic beverages by the drink at special events authorized by the Tribe shall be lawful within the exterior boundaries of the Guidiville Indian Rancheria and/or general governmental jurisdiction of the Tribe; provided that such sales are in conformity with the laws of the State of California governing special event sales and with prior approval by the Tribe. Article 7: Age Limits: The drinking age for individuals within the exterior boundaries of the Guidiville Indian Rancheria and/or general governmental jurisdiction of the Tribe shall be the same as that of the State of California, which is currently 21 years. No person under the age of 21 years shall purchase, possess or consume any alcoholic beverage. At such time, if any, as California Business and Profession case 25658, which sets the drinking age for the State of California, is repealed or amended to raise or lower the drinking age within California, this Article shall automatically become null and void, and the Tribal Council shall be empowered to amend this Article from time to time to match the age limit imposed by California State law, such amendment to become effective upon publication in the Federal Register by the Secretary of the Interior. Article 8: Civil Penalties: The Tribe, through the authority of its Tribal Council, shall have the authority to enforce this statute by confiscating or causing to be confiscated any liquor sold, possessed or introduced in violation hereof. The Tribal Council shall be empowered to sell such confiscated liquor for the benefit of the Tribe and to develop and approve such regulation as may become necessary for enforcement of this ordinance. Article 9: Prior Inconsistent Enactments: Any prior tribal laws, resolutions, or statutes governing the control, possession or sale of liquor on lands and future lands that are within the jurisdiction of the Guidiville Band of Pomo Indians Tribal government, and to permit alcohol sales by tribally owned and operated enterprises, and at tribally approved special events which are inconsistent with this statute, are hereby repealed to the extent they are inconsistent with this statute. Article 10: Sovereign Immunity: Nothing contained in this statute is intended to, nor does in any way, limit, PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 34783 alter, restrict, or waive the sovereign immunity of the Tribe or any of its agencies from un-consented suit or action of any kind. Article 11: Severability: If any provision of this statute is found by any agency or court of competent jurisdiction to be unenforceable, the remaining provisions shall be unaffected thereby. Article 12: Amendment: This statute may be amended by a majority vote of the Tribal Council of the Tribe at a duly noticed Tribal Council meeting, such amendment to become effective upon publication in the Federal Register by the Secretary of the Interior. Certification This is to certify that this Ordinance #05–02 was amended at a special meeting of the Guidiville Indian Rancheria Tribal Council on March 27, 2008, at which a quorum was present and that this Ordinance was adopted by a vote of 3 For, 0 Opposed, 0 Abstentions. This resolution has not been rescinded in any way. Dated: March 27, 2008. Merlene Sanchez, Chairperson. Dated: March 27, 2008. Denise Dawson. [FR Doc. E8–13725 Filed 6–17–08; 8:45 am] BILLING CODE 4310–4J–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [F–14834–A, F–14834–B, F–14834–B2; AK– 964–1410–KC–P] Alaska Native Claims Selection Bureau of Land Management, Interior. ACTION: Notice of decision approving lands for conveyance. AGENCY: SUMMARY: As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving the surface estate for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Atqasuk Corporation. The lands are in the vicinity of Atqasuk, Alaska, and are located in: Umiat Meridian, Alaska T. 13 N., R. 19 W., Secs. 6, 7, 18, and 19; Sec. 30. Containing approximately 2,857 acres. T. 14 N., R. 19 W., Secs. 19, 20, and 30; E:\FR\FM\18JNN1.SGM 18JNN1

Agencies

[Federal Register Volume 73, Number 118 (Wednesday, June 18, 2008)]
[Notices]
[Pages 34782-34783]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13725]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Guidiville Band of Pomo Indians of the Guidiville Indian 
Rancheria Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Guidiville Band of Pomo Indians of 
the Guidiville Indian Rancheria Liquor Control Ordinance. The Ordinance 
regulates and controls the possession, sale and consumption of liquor 
within the Guidiville Band of Pomo Indians of the Guidiville Indian 
Rancheria tribal land. The tribal land is located on trust land. 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: This Ordinance is effective June 18, 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 Guidiville Band of Pomo Indians of 
the Guidiville Indian Rancheria Tribal Council adopted this amendment 
to its Liquor Control Ordinance on March 27, 2008. The purpose of this 
Ordinance is to govern the sale, possession and distribution of alcohol 
within the Guidiville Band of Pomo Indians of the Guidiville Indian 
Rancheria tribal land.
    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 the Guidiville Band of Pomo Indians adopted 
this Liquor Control Ordinance on March 27, 2008.

    Dated: June 9, 2008.
George T. Skibine,
Acting Deputy Assistant Secretary for Policy and Economic Development.

    The Guidiville Band of Pomo Indians of the Guidiville Indian 
Rancheria Liquor Control Ordinance reads as follows:

Ordinance of the Guidiville Band of Pomo Indians of the Guidiville 
Indian Rancheria

    Ordinance Name: Guidiville Indian Rancheria Liquor Control 
Ordinance.
    Ordinance Number: 05-02, as amended.
    Date Approved: November 21, 2005.
    Date Amended: March 27, 2008.
    Whereas, Guidiville Indian Rancheria is a federally recognized 
Tribe as a result of the Scotts Valley et al. v. the United States case 
of September 6, 1991 (NO. C-86-3660-VRW); and,
    Whereas, The Tribal Council of the Guidiville Indian Rancheria is 
the duly authorized governing body of the Tribe to fully exercise 
governmental responsibilities, and is empowered to make Tribal policy, 
pass Tribal codes and ordinances, approve contracts, and carry out 
Tribal business under the authority of the Constitution of the 
Guidiville Indian Rancheria; and,
    Whereas, The Tribal Council has determined that an ordinance to 
regulate the possession and sale of liquor on lands, or future lands, 
and/or areas subject to the jurisdiction of the Tribe and to permit 
alcohol sales by business entities, corporations, tribally owned and 
operated enterprises, and at tribally approved special events, is in

[[Page 34783]]

the best interests of the Tribe, its members and the general public; 
and
    Whereas, The Guidiville Band of Pomo Indians Liquor Control 
Ordinance is in conformity with the laws of the State of California as 
required by 18 U.S.C. 1161, and with all applicable federal laws and 
has been prepared and reviewed by staff, legal counsel and the Tribal 
Council for consistency with federal law and other tribal laws and 
regulations.
    Therefore be it resolved, that the Tribal Council representing the 
Guidiville Band of Pomo Indians of the Guidiville Indian Rancheria 
hereby adopts the following:
    Article 1: Name: This statute shall be known as the Guidiville 
Indian Rancheria Liquor Control Ordinance.
    Article 2: Authority: This statute is enacted pursuant to the 
general authority of the Guidiville Tribal Council and the Act of 
August 15, 1953, (Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. 1161).
    Article 3: Purpose: The purpose of this statute is to regulate and 
control the possession and sale of liquor on lands and future lands 
that are within the jurisdiction of the Guidiville Band of Pomo Indians 
Tribal government, and to permit alcohol sales by tribally owned and 
operated enterprises, and at tribally approved special events, for the 
purpose of the economic development of the Tribe. The enactment of a 
tribal statute governing liquor possession and sales on lands within 
the jurisdiction of the Guidiville Tribal government will increase the 
ability of the Tribal Government to control liquor distribution and 
possession, and will provide an important source of revenue for the 
continued operations and strengthening of the tribal government, the 
economic viability of tribal enterprises, and the delivery of tribal 
government services. This Liquor Control Ordinance is in conformity 
with the laws of the State of California as required by 18 U.S.C. 1161, 
and with all applicable federal laws.
    Article 4: Effective Date: This statute shall be effective as of 
the date of its publication in the Federal Register.
    Article 5: Possession of Alcohol: The introduction or possession of 
alcoholic beverages shall be lawful on lands within the exterior 
boundaries of the Guidiville Indian Rancheria and/or general 
governmental jurisdiction of the Tribe, provided that such sales are in 
conformity with the laws of the State of California governing 
possession of alcoholic beverages.
    Article 6: Sales of Alcohol:
    (a) The sale of alcoholic beverages by business enterprises owned 
by and subject to the control of the Tribe shall be lawful within the 
exterior boundaries of the Guidiville Indian Rancheria and/or general 
governmental jurisdiction of the Tribe; provided that such sales are in 
conformity with the laws of the State of California governing the sale 
of alcoholic beverages.
    (b) The sale of alcoholic beverages by the drink at special events 
authorized by the Tribe shall be lawful within the exterior boundaries 
of the Guidiville Indian Rancheria and/or general governmental 
jurisdiction of the Tribe; provided that such sales are in conformity 
with the laws of the State of California governing special event sales 
and with prior approval by the Tribe.
    Article 7: Age Limits: The drinking age for individuals within the 
exterior boundaries of the Guidiville Indian Rancheria and/or general 
governmental jurisdiction of the Tribe shall be the same as that of the 
State of California, which is currently 21 years. No person under the 
age of 21 years shall purchase, possess or consume any alcoholic 
beverage. At such time, if any, as California Business and Profession 
case 25658, which sets the drinking age for the State of California, is 
repealed or amended to raise or lower the drinking age within 
California, this Article shall automatically become null and void, and 
the Tribal Council shall be empowered to amend this Article from time 
to time to match the age limit imposed by California State law, such 
amendment to become effective upon publication in the Federal Register 
by the Secretary of the Interior.
    Article 8: Civil Penalties: The Tribe, through the authority of its 
Tribal Council, shall have the authority to enforce this statute by 
confiscating or causing to be confiscated any liquor sold, possessed or 
introduced in violation hereof. The Tribal Council shall be empowered 
to sell such confiscated liquor for the benefit of the Tribe and to 
develop and approve such regulation as may become necessary for 
enforcement of this ordinance.
    Article 9: Prior Inconsistent Enactments: Any prior tribal laws, 
resolutions, or statutes governing the control, possession or sale of 
liquor on lands and future lands that are within the jurisdiction of 
the Guidiville Band of Pomo Indians Tribal government, and to permit 
alcohol sales by tribally owned and operated enterprises, and at 
tribally approved special events which are inconsistent with this 
statute, are hereby repealed to the extent they are inconsistent with 
this statute.
    Article 10: Sovereign Immunity: Nothing contained in this statute 
is intended to, nor does in any way, limit, alter, restrict, or waive 
the sovereign immunity of the Tribe or any of its agencies from un-
consented suit or action of any kind.
    Article 11: Severability: If any provision of this statute is found 
by any agency or court of competent jurisdiction to be unenforceable, 
the remaining provisions shall be unaffected thereby.
    Article 12: Amendment: This statute may be amended by a majority 
vote of the Tribal Council of the Tribe at a duly noticed Tribal 
Council meeting, such amendment to become effective upon publication in 
the Federal Register by the Secretary of the Interior.

Certification

    This is to certify that this Ordinance 05-02 was amended 
at a special meeting of the Guidiville Indian Rancheria Tribal Council 
on March 27, 2008, at which a quorum was present and that this 
Ordinance was adopted by a vote of 3 For, 0 Opposed, 0 Abstentions. 
This resolution has not been rescinded in any way.

    Dated: March 27, 2008.
Merlene Sanchez,
Chairperson.

    Dated: March 27, 2008.
Denise Dawson.

[FR Doc. E8-13725 Filed 6-17-08; 8:45 am]
BILLING CODE 4310-4J-P