Jackson Band of Miwuk Indians of the Jackson Rancheria Liquor Control Ordinance, 55865-55866 [E8-22707]

Download as PDF jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices function naturally through the restoration of created and modified wetlands. Refuge habitats would continue to be managed utilizing the remaining water control structures, cattle grazing, prescribed fire, and various methods to control invasive species. The Refuge would determine their level of participation in State initiatives to reintroduce bison should they become designated as wildlife in Montana. Monitoring and documenting wildlife and habitat responses to management actions would be greatly expanded. Habitat and wildlife objectives would be clearly stated in step-down management plans. Visitor services programs would be improved and expanded, particularly environmental education and interpretation programs, while maintaining the wilderness characteristics of the Refuge. Boundaries for big game hunting would be adjusted to reduce confusion, provide additional opportunities, and reduce illegal road hunting. Some Refuge trails would provide interpretation and be identified on a new visitor services map. Idlewild Road would be closed to reduce maintenance costs and fragmentations of wildlife habitats. Fishing would be expanded and following State regulations, visitors would be encouraged to keep nonnative fish species that impact native adfluvial Arctic grayling. Only one Refuge campground would be maintained to support wildlife dependent compatible recreation on this remote Refuge. Alternative D further acknowledges the importance of a naturally functioning ecosystem. Management action emphasis would be placed on the restoration of all natural processes including the restoration of all wetland and riparian habitats. The Refuge would participate in State initiatives to reintroduce bison should they become designated as wildlife in Montana. Monitoring of habitat and wildlife response to management actions would be greatly expanded. Habitat and wildlife objectives would be clearly stated in step-down management plans. The Refuge will place emphasis on creating a wilderness setting in all areas away from the Refuge headquarters. Visitor services programs would be maintained or expanded while promoting a wilderness experience with little or no signage and interpretation. Moose hunting would be eliminated. Boundaries for big game hunting areas would be adjusted to reduce confusion, provide additional opportunities, and reduce illegal road hunting. Fishing would be expanded and following State VerDate Aug<31>2005 18:07 Sep 25, 2008 Jkt 214001 regulations, visitors would be encouraged to keep nonnative fish species that have impacted native adfluvial Arctic grayling. Idlewild Road, the associate boat ramp, and the north entrance spur roads would be closed to public vehicle access to reduce maintenance costs. Both Refuge campgrounds would be closed. All public comment information provided voluntarily by mail, by phone, or at meetings (e.g., names, addresses, letters of comment, input recorded during meetings) becomes part of the official public record. If requested under the Freedom of Information Act by a private citizen or organization, the Service may provide copies of such information. The Environmental Review of this project will be conducted in accordance with the requirements of the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321 et seq.); NEPA Regulations (40 CFR parts 1500–1508); other appropriate Federal laws and regulations; Executive Order 12996; the National Wildlife Refuge System Improvement Act of 1997; and Service policies and procedures for compliance with those laws and regulations. Dated: July 21, 2008. Sharon R. Rose, Acting Regional Director. Editorial Note: This document was received in the Office of the Federal Register on September 23, 2008. [FR Doc. E8–22697 Filed 9–25–08; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Jackson Band of Miwuk Indians of the Jackson Rancheria Liquor Control Ordinance Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: SUMMARY: This notice publishes the Jackson Band of Miwuk Indians of the Jackson Rancheria (Tribe) Liquor Control Ordinance. The Ordinance regulates and controls the possession, sale and consumption of liquor within the Jackson Tribe’s 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 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 55865 government and the delivery of tribal services. DATES: Effective Date: This Ordinance is effective September 26, 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 Indian 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 Jackson Band of Miwuk Indians of the Jackson Rancheria Tribal Council adopted this Ordinance on April 18, 2008. The purpose of this Ordinance is to govern the sale, possession and distribution of alcohol within the Tribe’s 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 Jackson Band of Miwuk Indians of the Jackson Rancheria adopted this Liquor Control Ordinance No. 2008–02 on April 18, 2008. Dated: September 17, 2008. George Skibine, Acting Deputy Assistant Secretary for Policy and Economic Development. The Jackson Band of Miwuk Indians of the Jackson Rancheria Liquor Control Ordinance reads as follows: Jackson Band of Miwuk Indians of the Jackson Rancheria, Amador County, California, Tribal Council Ordinance No. 2008–02, Sale of Alcoholic Beverages The Tribal Council of the Jackson Band of Miwuk Indians of the Jackson Rancheria (hereinafter ‘‘Council’’), governing body of the Jackson Band of Miwuk Indians of the Jackson Rancheria (hereinafter ‘‘Tribe’’), hereby enacts this Ordinance to govern the sale of alcoholic beverages at our general convenience store on Rancheria lands. Preamble 1. Title 18, United States Code, Section 1161, provides Indian tribes with authority to enact ordinances governing the consumption and sale of alcoholic beverages on their Reservations, provided such ordinance E:\FR\FM\26SEN1.SGM 26SEN1 55866 Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices is certified by the Secretary of the Interior, published in the Federal Register and such activities are in conformity with state law. 2. Jackson Rancheria is the owner and operator of a general convenience store on the Rancheria (hereinafter for reference purpose ‘‘General Store’’) which sells, among other products, certain snack and food items to members of the Tribe and the general public. 3. Said General Store is an integral part of the Tribe’s economy. 4. The Tribal Council has determined that it is in the Tribe’s best interest to offer for sale at the General Store, for off-premises consumption only, alcoholic beverages. 5. It is the purpose of this Ordinance to set out the terms and conditions under which the sale of said alcoholic beverages may take place. General Terms 1. The sale of alcoholic beverages at the Jackson Rancheria’s General Store for off-premises consumption only, is hereby authorized. For purposes of this paragraph 1 and this Ordinance, ‘‘offpremises’’ is defined as area outside the boundaries of the Jackson Rancheria lands. 2. No alcoholic beverages may be sold at any location on the Rancheria pursuant to this Ordinance other than the General Store. 3. The sale of said alcoholic beverages authorized by this Ordinance shall be in conformity with all applicable laws of the State of California, and the sale of said beverages shall be subject to any and all applicable state sales tax, federal excise tax and any fees required by the Federal Bureau of Alcohol, Tobacco & Firearms. This includes but is not limited to the following examples: a. No person under the age of 21 years shall acquire or have in his or her possession at the General Store any alcoholic beverage. b. No person shall sell alcohol to any person under the age of 21 at the General Store. c. No person shall sell alcohol to a person apparently under the influence of liquor. Posting This Ordinance shall be conspicuously posted at the General Store at all times it is open to the public. jlentini on PROD1PC65 with NOTICES Enforcement 1. This Ordinance may be enforced by the Tribal Council by implementation of monetary fines not to exceed $500 and/ or withdrawal of authorization to sell alcohol. Prior to any enforcement VerDate Aug<31>2005 18:07 Sep 25, 2008 Jkt 214001 action, the Tribal Council shall provide the alleged offender of this Ordinance with at least three (3) days notice of an opportunity to be heard during a specially-called Tribal Council meeting. The decision of the Tribal Council shall be final. 2. This Ordinance also may be enforced by the Amador County Sheriff’s Office at the request of the Tribal Council. 3. In the exercise of its powers and duties under this Ordinance, the Tribal Council and its individual members shall not accept any gratuity or compensation from any liquor wholesaler, retailer, or distributor for the General Store. DEPARTMENT OF THE INTERIOR Bureau of Land Management [MT–070–08–1610–DQ–030E] Notice of Availability of the Proposed Resource Management Plan and Final Environmental Impact Statement for the Butte Field Office, Montana Bureau of Land Management, Interior. ACTION: Notice of availability. AGENCY: SUMMARY: In accordance with the National Environmental Policy Act of 1969 (NEPA) and the Federal Land Policy and Management Act of 1976 (FLPMA), the Bureau of Land Management (BLM) has prepared the Proposed Resource Management Plan Severability, Amendment, and and Final Environmental Impact Sovereign Immunity Statement (PRMP/Final EIS) for the Butte Field Office, Montana. 1. If any provision or application of this Ordinance is determined by review DATES: The BLM planning regulations to be invalid, such adjudication shall (43 CFR 1610.5–2) state that any person not be held to render ineffectual the who meets the conditions as described remaining portions of this title or to in the regulations may protest the BLM’s PRMP/FEIS. A person who meets the render such provisions inapplicable to conditions and files a protest must file other persons or circumstances. the protest within 30 days of the date 2. This Ordinance may only be amended by a majority vote of the Tribal that the Environmental Protection Agency (EPA) publishes its Notice of Council. Availability in the Federal Register. 3. Nothing in this Ordinance in any ADDRESSES: Copies of the PRMP/FEIS way limits, alters, restricts or waives the are available for public inspection at the Tribe’s sovereign immunity from BLM Butte Field Office, 106 North unconsented suit or action. Parkmont, Butte, Montana. Interested persons may also review the PRMP/FEIS Effective Date on the Internet at: https://www.blm.gov/ This Ordinance shall become effective mt/st/en/fo/butte_field_office.html. All protests must be in writing and mailed following its certification by the to the following addresses: Secretary of the Interior and its Regular Mail: Director (210), publication in the Federal Register. Attention: Brenda Williams, P.O. Box Certification 66538, Washington, DC 20035. Overnight Mail: Director (210), The foregoing Ordinance was adopted Attention: Brenda Williams, 1620 L by a vote of 3 for, and 0 against and 0 Street, NW., Suite 1075, Washington, abstentions, at a duly called meeting of DC 20036. the Jackson Band of Miwuk Indians of FOR FURTHER INFORMATION CONTACT: Tim the Jackson Rancheria Tribal Council at La Marr, RMP Project Manager, Bureau which a quorum was present, on this of Land Management, 106 North 18th day of April, 2008. Parkmont, Butte, MT 59701, or by /s/ lllllllllllllllllll telephone at (406) 533–7645. Margaret Dalton, SUPPLEMENTARY INFORMATION: The Butte Chairperson. Field Office is located in southwest ATTEST: Montana in Beaverhead, Broadwater, lllllllllllllllllllll Deer Lodge, Gallatin, Jefferson, Lewis and Clark, Park, and Silver Bow Gary Marks, Counties. The planning area addressed Secretary-Treasurer. in the PRMP/FEIS includes about [FR Doc. E8–22707 Filed 9–25–08; 8:45 am] 307,000 acres of the BLM surface lands BILLING CODE 4310–4J–P and 652,000 acres of subsurface federal mineral estate administered by the Butte Field Office. Copies of the PRMP/FEIS for the Butte Field Office have been sent to affected PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1

Agencies

[Federal Register Volume 73, Number 188 (Friday, September 26, 2008)]
[Notices]
[Pages 55865-55866]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22707]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Jackson Band of Miwuk Indians of the Jackson Rancheria Liquor 
Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice publishes the Jackson Band of Miwuk Indians of the 
Jackson Rancheria (Tribe) Liquor Control Ordinance. The Ordinance 
regulates and controls the possession, sale and consumption of liquor 
within the Jackson Tribe's 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 September 26, 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 
Indian 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 Jackson Band of Miwuk Indians of 
the Jackson Rancheria Tribal Council adopted this Ordinance on April 
18, 2008. The purpose of this Ordinance is to govern the sale, 
possession and distribution of alcohol within the Tribe's 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 Jackson Band of Miwuk Indians of the 
Jackson Rancheria adopted this Liquor Control Ordinance No. 2008-02 on 
April 18, 2008.

    Dated: September 17, 2008.
George Skibine,
Acting Deputy Assistant Secretary for Policy and Economic Development.
    The Jackson Band of Miwuk Indians of the Jackson Rancheria Liquor 
Control Ordinance reads as follows:

Jackson Band of Miwuk Indians of the Jackson Rancheria, Amador County, 
California, Tribal Council Ordinance No. 2008-02, Sale of Alcoholic 
Beverages

    The Tribal Council of the Jackson Band of Miwuk Indians of the 
Jackson Rancheria (hereinafter ``Council''), governing body of the 
Jackson Band of Miwuk Indians of the Jackson Rancheria (hereinafter 
``Tribe''), hereby enacts this Ordinance to govern the sale of 
alcoholic beverages at our general convenience store on Rancheria 
lands.

Preamble

    1. Title 18, United States Code, Section 1161, provides Indian 
tribes with authority to enact ordinances governing the consumption and 
sale of alcoholic beverages on their Reservations, provided such 
ordinance

[[Page 55866]]

is certified by the Secretary of the Interior, published in the Federal 
Register and such activities are in conformity with state law.
    2. Jackson Rancheria is the owner and operator of a general 
convenience store on the Rancheria (hereinafter for reference purpose 
``General Store'') which sells, among other products, certain snack and 
food items to members of the Tribe and the general public.
    3. Said General Store is an integral part of the Tribe's economy.
    4. The Tribal Council has determined that it is in the Tribe's best 
interest to offer for sale at the General Store, for off-premises 
consumption only, alcoholic beverages.
    5. It is the purpose of this Ordinance to set out the terms and 
conditions under which the sale of said alcoholic beverages may take 
place.
General Terms
    1. The sale of alcoholic beverages at the Jackson Rancheria's 
General Store for off-premises consumption only, is hereby authorized. 
For purposes of this paragraph 1 and this Ordinance, ``off-premises'' 
is defined as area outside the boundaries of the Jackson Rancheria 
lands.
    2. No alcoholic beverages may be sold at any location on the 
Rancheria pursuant to this Ordinance other than the General Store.
    3. The sale of said alcoholic beverages authorized by this 
Ordinance shall be in conformity with all applicable laws of the State 
of California, and the sale of said beverages shall be subject to any 
and all applicable state sales tax, federal excise tax and any fees 
required by the Federal Bureau of Alcohol, Tobacco & Firearms. This 
includes but is not limited to the following examples:
    a. No person under the age of 21 years shall acquire or have in his 
or her possession at the General Store any alcoholic beverage.
    b. No person shall sell alcohol to any person under the age of 21 
at the General Store.
    c. No person shall sell alcohol to a person apparently under the 
influence of liquor.

Posting

    This Ordinance shall be conspicuously posted at the General Store 
at all times it is open to the public.
Enforcement
    1. This Ordinance may be enforced by the Tribal Council by 
implementation of monetary fines not to exceed $500 and/or withdrawal 
of authorization to sell alcohol. Prior to any enforcement action, the 
Tribal Council shall provide the alleged offender of this Ordinance 
with at least three (3) days notice of an opportunity to be heard 
during a specially-called Tribal Council meeting. The decision of the 
Tribal Council shall be final.
    2. This Ordinance also may be enforced by the Amador County 
Sheriff's Office at the request of the Tribal Council.
    3. In the exercise of its powers and duties under this Ordinance, 
the Tribal Council and its individual members shall not accept any 
gratuity or compensation from any liquor wholesaler, retailer, or 
distributor for the General Store.
Severability, Amendment, and Sovereign Immunity
    1. If any provision or application of this Ordinance is determined 
by review to be invalid, such adjudication shall not be held to render 
ineffectual the remaining portions of this title or to render such 
provisions inapplicable to other persons or circumstances.
    2. This Ordinance may only be amended by a majority vote of the 
Tribal Council.
    3. Nothing in this Ordinance in any way limits, alters, restricts 
or waives the Tribe's sovereign immunity from unconsented suit or 
action.
Effective Date
    This Ordinance shall become effective following its certification 
by the Secretary of the Interior and its publication in the Federal 
Register.

Certification

    The foregoing Ordinance was adopted by a vote of 3 for, and 0 
against and 0 abstentions, at a duly called meeting of the Jackson Band 
of Miwuk Indians of the Jackson Rancheria Tribal Council at which a 
quorum was present, on this 18th day of April, 2008.

/s/--------------------------------------------------------------------
Margaret Dalton,
Chairperson.

ATTEST:

-----------------------------------------------------------------------
Gary Marks,
Secretary-Treasurer.

[FR Doc. E8-22707 Filed 9-25-08; 8:45 am]
BILLING CODE 4310-4J-P

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