Te-Moak Tribe of Western Shoshone- Ordinance Pursuant to United States Code, Legalizing and Regulating the Introduction, Possession, Use and Consumption of Alcoholic Beverages, 15122-15123 [2012-6129]
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15122
Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices
Partnership Area, within which we will
have the authority to acquire less-thanfee-title interest of up to 100,000 acres
as a Conservation Area.
The Everglades Headwaters NWR and
Conservation Area will help to protect
and restore one of the great grassland
and savanna landscapes of eastern
North America, conserving one of the
nation’s prime areas of biological
diversity. It will also help to address the
threats from habitat fragmentation and
urban development, altered ecological
processes, and impacts from global
climate change. We will work with
willing landowners to create a 100,000acre Conservation Area through
conservation easements or other lessthan-fee-title means, and a 50,000-acre
national wildlife refuge.
The authorities which established the
Everglades Headwaters NWR and
Conservation Area are the National
Wildlife Refuge System Administration
Act [16 U.S.C. 668dd(a)(2)], Endangered
Species Act (16 U.S.C. 1534),
Emergency Wetlands Resources Act [16
U.S.C. 3901(b), 100 Stat. 3583],
Migratory Bird Conservation Act (16
U.S.C. 715d), Fish and Wildlife Act [16
U.S.C. 742f(a)(4)], and Refuge
Recreation Act [16 U.S.C. 460k–460k–4].
Working with conservation land
managers across this landscape, we will:
(1) Manage the refuge and work with the
landowners participating in the
conservation area to support a more
connected and functional conservation
landscape that will provide effective
habitat connections between existing
conservation areas and allow habitats
and species to shift in response to urban
development pressures and global
climate change; (2) provide a wide range
of quality Kissimmee River Basin
habitats to support migratory birds,
Federal- and State-listed species, Statedesignated species of special concern,
and native wildlife diversity; (3)
contribute to water quality, water
quantity, and water storage capacity of
the upper Everglades watershed, to
complement Everglades restoration
goals and objectives and water quality
and supply for central and south
Florida; and (4) provide opportunities
for hunting, fishing, wildlife
observation, wildlife photography, and
environmental education and
interpretation, while increasing
knowledge of and support for
conservation of the important grassland
and savanna landscape of the
headwaters of the Everglades.
Several uses were evaluated in the
interim compatibility determinations
and determined to be compatible for the
refuge. These uses include hunting,
fishing, environmental education and
VerDate Mar<15>2010
19:41 Mar 13, 2012
Jkt 226001
interpretation, wildlife observation and
photography, research, off-road vehicle
use (on designated roads and trails in
support of hunting and research),
camping, hiking, horseback riding,
bicycling, and grazing. We are working
with the Florida Fish and Wildlife
Conservation Commission to establish a
memorandum of understanding to
create a State wildlife management area
for hunting on properties acquired for
the refuge.
On September 8, 2011, we published
a Federal Register notice (76 FR 55699)
announcing the proposed establishment
of the Everglades Headwaters National
Wildlife Refuge and Conservation Area,
and the release for public review and
comment of the Draft Land Protection
Plan and Draft Environmental
Assessment in accordance with National
Environmental Policy Act (40 CFR
1506.6 (b)) requirements. On October
26, 2011, we published a Federal
Register notice (76 FR 66321)
announcing the extension of the
comment deadline to November 25,
2011.
Based on the documentation in the
LPP and EA, we signed a Finding of No
Significant Impact and subsequently
approved the establishment of the
Everglades Headwaters NWR and
Conservation Area. Interim
compatibility determinations and a
Conceptual Management Plan were
released with both the draft and final
documents. The Conceptual
Management Plan will serve as an
interim management plan until a
Comprehensive Conservation Plan and/
or appropriate step-down management
plans have been developed.
Authority
This notice is published under the
authority of the National Wildlife
Refuge System Improvement Act of
1997, Public Law 105–57.
Dated: January 10, 2012.
Mark J. Musaus,
Acting Regional Director.
[FR Doc. 2012–6124 Filed 3–13–12; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Te-Moak Tribe of Western Shoshone—
Ordinance Pursuant to United States
Code, Legalizing and Regulating the
Introduction, Possession, Use and
Consumption of Alcoholic Beverages
AGENCY:
Bureau of Indian Affairs,
Interior.
PO 00000
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Fmt 4703
Sfmt 4703
ACTION:
Notice.
This notice publishes the
Amendment to the Te-Moak Tribe of
Western Shoshone Indians Ordinance
Pursuant to Section 1161, Title 18
United States Code, Legalizing and
Regulating the Introduction, Possession,
Use and Consumption of Alcoholic
Beverages. This Ordinance regulates and
controls the possession, sale and
consumption of liquor within the
jurisdiction of Te-Moak Western
Shoshone Tribe’s Colonies and
Reservation, will increase the ability of
the tribal government to control the
community’s liquor distribution and
possession, and at the same time will
provide an important source of revenue
for the continued operation and
strengthening of the tribal government
and the delivery of tribal services.
DATES: Effective Date: This Amendment
is effective 30 days after publication
March 14, 2012.
FOR FURTHER INFORMATION CONTACT:
Donna Peterson, Acting Tribal
Government Services Officer, Western
Regional Office, Bureau of Indian
Affairs, P.O. Box 10, Phoenix, Arizona
85001, Telephone: (602) 379–6786; Fax:
(602) 379–4100; or, De Springer, Office
of Indian Services, Bureau of Indian
Affairs, 1849 C Street, NW., MS–4513–
MIB, Washington, DC 20240;
Telephone: (202) 513–7626.
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 purpose of this Ordinance is to
govern the sale, possession and
distribution of alcohol within the TeMoak Western Shoshone Tribal
Colonies/Lands and Reservation. On
May 7, 1982, the Te-Moak Tribal
Council duly adopted Ordinance 82–
ORD–TM–01 which was readopted and
amended by Ordinance 82–ORD–TM–03
on July 9, 1982. Ordinance 82–ORD–
TM–03 and Ordinance 82–ORD–TM–01
were approved and published in the
Federal Register on January 6, 1983.
The Te-Moak Tribal Council adopted
Amendment #(05–ORD–TM–05) to its
Ordinance on October 5, 2005. 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 Te-Moak Tribe of Western
Shoshone—Ordinance Pursuant to
SUMMARY:
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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices
Section 1161, Title 18 United States
Code, Legalizing and Regulating the
Introduction, Possession, Use and
Consumption of Alcoholic Beverages,
the Amended Liquor Ordinance of the
Te-Moak Tribe of Western Shoshone
Indians, was duly adopted by the TeMoak Tribal Council on October 5,
2005.
srobinson on DSK4SPTVN1PROD with NOTICES
Dated: February 24, 2012.
Jodi Gillette,
Deputy Assistant Secretary—Indian Affairs.
Amendment #(05–ORD–TM–05) to the TeMoak Liquor Ordinance reads as follows:
Ordinance pursuant to Section 1161, Title 18
United States Code, Legalizing and
Regulating the Introduction, Possession, Use
and Consumption of Alcoholic Beverages
Now, therefore, be enacted by the Te-Moak
Tribal Council of the Te-Moak Tribe of
Western Shoshone Indians of Nevada, that
pursuant to the authority vested in it by
Article VII, Section 1(f) of the Constitution of
the Te-Moak Tribe of Western Shoshone
Indians of Nevada, and Article II, Section 1
of the By-Laws of the Te-Moak Tribe of
Western Shoshone Indians of Nevada, that
the introduction, possession, use and
consumption of alcoholic beverages shall be
lawful within the exterior boundaries of
those lands in the State of Nevada under the
territorial jurisdiction of the Te-Moak Tribe
of Western Shoshone Indians of Nevada.
Provided that such introduction, possession,
use and consumption shall be in accordance
with the following:
SECTION 1:
(a) It shall be unlawful to sell alcoholic
beverages by the bottle, drink, can, or other
package within the exterior boundaries of
those lands of the State of Nevada under the
territorial jurisdiction of the Te-Moak Tribe
of Western Shoshone Indians of Nevada,
without first obtaining a valid license issued
by the Te-Moak Tribal Council.
(b) Such tribal license will authorize the
holder thereof to sell alcoholic beverages at
retail in cans, bottles or other packages, or by
the drink for consumption on the premises or
within a defined area.
(c) Such tribal license shall set forth the
location and description of the building and
premises or defined area where such sales
may be made and for which said license is
issued.
(d) No such license shall be issued without
the approval of the local governing body of
the Colony or Reservation of the Te-Moak
Tribe of Western Shoshone Indians of
Nevada, upon the territory of which the
proposed alcoholic beverage business is
seeking to be licensed.
(e) No such license shall be transferred
without the prior consent of the Te-Moak
Tribal Council.
(f) Te-Moak Tribal Council shall establish
the different categories of licenses and the
license fee schedules annually by a duly
passed resolution.
(g) Any such license fee collected by the
Te-Moak Tribal Council shall remain within
the Te-Moak Tribe of Western Shoshone
Indians of Nevada upon receipt of fees
VerDate Mar<15>2010
19:41 Mar 13, 2012
Jkt 226001
collected from the local governing body of
the Colony or Reservation of the Te-Moak
Tribe of Western Shoshone Indians of
Nevada upon the territory of which the
alcoholic beverage business has been
licensed.
SECTION 2:
It shall be unlawful to use or consume any
alcoholic beverages in a motor vehicle while
such vehicle is being driven.
SECTION 3:
It shall be unlawful to possess any open
bottle, can package or container of alcoholic
beverage in the passenger compartment of a
motor vehicle when such vehicle is being
driven.
SECTION 4:
It shall be unlawful for any person actually
under the influence of alcoholic beverages to
possess, use or consume alcoholic beverages.
SECTION 5:
It shall be unlawful for any person to
furnish any alcoholic beverage to any person
under the age of twenty-one (21) years to
leave or to deposit any alcoholic beverages
with the intent that the alcoholic beverages
shall be procured by any person under the
age of twenty-one (21) years.
SECTION 6:
It shall be unlawful for any person under
the age of twenty-one (21) years of age to
introduce, possess, use or consume alcoholic
beverages.
SECTION 7:
Any Indian who violates any of the
provisions of this ordinance shall be deemed
guilty of an offense and upon conviction
thereof shall be punished by a fine of not
more that $300.00 or by imprisonment of not
more than sixty (60) days or both such fine
and imprisonment: Provided, however, that
any person under the age of eighteen (18)
years may, in the discretion of the Judge, be
treated as a juvenile and have the charge(s)
disposed of pursuant to applicable juvenile
law and procedures.
SECTION 8:
When a non-Indian violates any provision
of this ordinance, he or she shall be referred
to the State and/or Federal authorities for
prosecution under applicable law.
SECTION 9:
Any licensee violating any provision of
this ordinance may have said licensee’s
license suspended or revoked by the TeMoak Tribal Council provided that the
licensee is given a written notice of the
proposed suspension or revocation and
afforded an opportunity of a hearing.
SECTION 10:
All ordinances, resolutions or acts that
have previously been enacted by the TeMoak Tribal Council, which are in conflict
with any provision of this ordinance are
hereby repealed.
CERTIFICATION
I, the undersigned, as Chairman of the
Tribal Council of the Te-Moak Tribe of
PO 00000
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Fmt 4703
Sfmt 4703
15123
Western Shoshone Indians of Nevada do
hereby certify that the Te-Moak Western
Shoshone Council is composed of 10
members of whom 9 constituting a quorum
were present at a duly held meeting on
October 5, 2005, and that the foregoing
ordinance was duly adopted at such meeting
by an affirmative vote of 4 For, 3 Against, and
2 Abstention, pursuant to the authority
contained under Article 4, Section 3(n) of the
Constitution of the Te-Moak Tribe of Western
Shoshone Indians of Nevada and that said
ordinance has not been rescinded in any
form.
/s/ Hugh Stevens, Chairman,
Te-Moak Tribe of Western Shoshone
ATTEST:
/s/ Vera Johnny, Acting Recording Secretary
Te-Moak Tribal Council
[FR Doc. 2012–6129 Filed 3–13–12; 8:45 am]
BILLING CODE 4310–4J–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–891 (Second
Review)]
Foundry Coke From China; Scheduling
of an Expedited Five-Year Review
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of an expedited
review pursuant to section 751(c)(3) of
the Tariff Act of 1930 (19 U.S.C.
1675(c)(3)) (the Act) to determine
whether revocation of the antidumping
duty order on foundry coke from China
would be likely to lead to continuation
or recurrence of material injury within
a reasonably foreseeable time. For
further information concerning the
conduct of this review and rules of
general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A through
E (19 CFR part 201), and part 207,
subparts A, D, E, and F (19 CFR part
207).
SUMMARY:
DATES:
Effective Date: March 5, 2012.
FOR FURTHER INFORMATION CONTACT:
Angela M.W. Newell (202–708–5409),
Office of Investigations, U.S.
International Trade Commission, 500 E
Street SW., Washington, DC 20436.
Hearing-impaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
E:\FR\FM\14MRN1.SGM
14MRN1
]]>Agencies
[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Notices]
[Pages 15122-15123]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6129]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Te-Moak Tribe of Western Shoshone-- Ordinance Pursuant to United
States Code, Legalizing and Regulating the Introduction, Possession,
Use and Consumption of Alcoholic Beverages
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Amendment to the Te-Moak Tribe of
Western Shoshone Indians Ordinance Pursuant to Section 1161, Title 18
United States Code, Legalizing and Regulating the Introduction,
Possession, Use and Consumption of Alcoholic Beverages. This Ordinance
regulates and controls the possession, sale and consumption of liquor
within the jurisdiction of Te-Moak Western Shoshone Tribe's Colonies
and Reservation, will increase the ability of the tribal government to
control the community's liquor distribution and possession, and at the
same time will provide an important source of revenue for the continued
operation and strengthening of the tribal government and the delivery
of tribal services.
DATES: Effective Date: This Amendment is effective 30 days after
publication March 14, 2012.
FOR FURTHER INFORMATION CONTACT: Donna Peterson, Acting Tribal
Government Services Officer, Western Regional Office, Bureau of Indian
Affairs, P.O. Box 10, Phoenix, Arizona 85001, Telephone: (602) 379-
6786; Fax: (602) 379-4100; or, De Springer, Office of Indian Services,
Bureau of Indian Affairs, 1849 C Street, NW., MS-4513-MIB, Washington,
DC 20240; Telephone: (202) 513-7626.
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 purpose of this Ordinance is to
govern the sale, possession and distribution of alcohol within the Te-
Moak Western Shoshone Tribal Colonies/Lands and Reservation. On May 7,
1982, the Te-Moak Tribal Council duly adopted Ordinance 82-ORD-TM-01
which was readopted and amended by Ordinance 82-ORD-TM-03 on July 9,
1982. Ordinance 82-ORD-TM-03 and Ordinance 82-ORD-TM-01 were approved
and published in the Federal Register on January 6, 1983. The Te-Moak
Tribal Council adopted Amendment (05-ORD-TM-05) to its
Ordinance on October 5, 2005. 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 Te-Moak Tribe
of Western Shoshone--Ordinance Pursuant to
[[Page 15123]]
Section 1161, Title 18 United States Code, Legalizing and Regulating
the Introduction, Possession, Use and Consumption of Alcoholic
Beverages, the Amended Liquor Ordinance of the Te-Moak Tribe of Western
Shoshone Indians, was duly adopted by the Te-Moak Tribal Council on
October 5, 2005.
Dated: February 24, 2012.
Jodi Gillette,
Deputy Assistant Secretary--Indian Affairs.
Amendment (05-ORD-TM-05) to the Te-Moak Liquor
Ordinance reads as follows:
Ordinance pursuant to Section 1161, Title 18 United States Code,
Legalizing and Regulating the Introduction, Possession, Use and
Consumption of Alcoholic Beverages
Now, therefore, be enacted by the Te-Moak Tribal Council of the
Te-Moak Tribe of Western Shoshone Indians of Nevada, that pursuant
to the authority vested in it by Article VII, Section 1(f) of the
Constitution of the Te-Moak Tribe of Western Shoshone Indians of
Nevada, and Article II, Section 1 of the By-Laws of the Te-Moak
Tribe of Western Shoshone Indians of Nevada, that the introduction,
possession, use and consumption of alcoholic beverages shall be
lawful within the exterior boundaries of those lands in the State of
Nevada under the territorial jurisdiction of the Te-Moak Tribe of
Western Shoshone Indians of Nevada. Provided that such introduction,
possession, use and consumption shall be in accordance with the
following:
SECTION 1:
(a) It shall be unlawful to sell alcoholic beverages by the
bottle, drink, can, or other package within the exterior boundaries
of those lands of the State of Nevada under the territorial
jurisdiction of the Te-Moak Tribe of Western Shoshone Indians of
Nevada, without first obtaining a valid license issued by the Te-
Moak Tribal Council.
(b) Such tribal license will authorize the holder thereof to
sell alcoholic beverages at retail in cans, bottles or other
packages, or by the drink for consumption on the premises or within
a defined area.
(c) Such tribal license shall set forth the location and
description of the building and premises or defined area where such
sales may be made and for which said license is issued.
(d) No such license shall be issued without the approval of the
local governing body of the Colony or Reservation of the Te-Moak
Tribe of Western Shoshone Indians of Nevada, upon the territory of
which the proposed alcoholic beverage business is seeking to be
licensed.
(e) No such license shall be transferred without the prior
consent of the Te-Moak Tribal Council.
(f) Te-Moak Tribal Council shall establish the different
categories of licenses and the license fee schedules annually by a
duly passed resolution.
(g) Any such license fee collected by the Te-Moak Tribal Council
shall remain within the Te-Moak Tribe of Western Shoshone Indians of
Nevada upon receipt of fees collected from the local governing body
of the Colony or Reservation of the Te-Moak Tribe of Western
Shoshone Indians of Nevada upon the territory of which the alcoholic
beverage business has been licensed.
SECTION 2:
It shall be unlawful to use or consume any alcoholic beverages
in a motor vehicle while such vehicle is being driven.
SECTION 3:
It shall be unlawful to possess any open bottle, can package or
container of alcoholic beverage in the passenger compartment of a
motor vehicle when such vehicle is being driven.
SECTION 4:
It shall be unlawful for any person actually under the influence
of alcoholic beverages to possess, use or consume alcoholic
beverages.
SECTION 5:
It shall be unlawful for any person to furnish any alcoholic
beverage to any person under the age of twenty-one (21) years to
leave or to deposit any alcoholic beverages with the intent that the
alcoholic beverages shall be procured by any person under the age of
twenty-one (21) years.
SECTION 6:
It shall be unlawful for any person under the age of twenty-one
(21) years of age to introduce, possess, use or consume alcoholic
beverages.
SECTION 7:
Any Indian who violates any of the provisions of this ordinance
shall be deemed guilty of an offense and upon conviction thereof
shall be punished by a fine of not more that $300.00 or by
imprisonment of not more than sixty (60) days or both such fine and
imprisonment: Provided, however, that any person under the age of
eighteen (18) years may, in the discretion of the Judge, be treated
as a juvenile and have the charge(s) disposed of pursuant to
applicable juvenile law and procedures.
SECTION 8:
When a non-Indian violates any provision of this ordinance, he
or she shall be referred to the State and/or Federal authorities for
prosecution under applicable law.
SECTION 9:
Any licensee violating any provision of this ordinance may have
said licensee's license suspended or revoked by the Te-Moak Tribal
Council provided that the licensee is given a written notice of the
proposed suspension or revocation and afforded an opportunity of a
hearing.
SECTION 10:
All ordinances, resolutions or acts that have previously been
enacted by the Te-Moak Tribal Council, which are in conflict with
any provision of this ordinance are hereby repealed.
CERTIFICATION
I, the undersigned, as Chairman of the Tribal Council of the Te-
Moak Tribe of Western Shoshone Indians of Nevada do hereby certify
that the Te-Moak Western Shoshone Council is composed of 10 members
of whom 9 constituting a quorum were present at a duly held meeting
on October 5, 2005, and that the foregoing ordinance was duly
adopted at such meeting by an affirmative vote of 4 For, 3 Against,
and 2 Abstention, pursuant to the authority contained under Article
4, Section 3(n) of the Constitution of the Te-Moak Tribe of Western
Shoshone Indians of Nevada and that said ordinance has not been
rescinded in any form.
/s/ Hugh Stevens, Chairman,
Te-Moak Tribe of Western Shoshone
ATTEST:
/s/ Vera Johnny, Acting Recording Secretary
Te-Moak Tribal Council
[FR Doc. 2012-6129 Filed 3-13-12; 8:45 am]
BILLING CODE 4310-4J-P
