Kootenai Tribe of Idaho: Chapter 11-Alcohol Control Act, 21581-21584 [2012-8571]
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21581
Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Notices
administered by these offices are listed
separately on the chart.
III. Positive Credit Subsidy
Positive credit subsidy will no longer
be required for loans under any of the
active mortgage insurance programs for
multifamily housing or health care
facilities. Beginning on October 1, 2012,
commitments issued for Section 223(d)
operating loss loans for health care
facilities and Section 241(a)
supplemental loans to FHA-financed
multifamily housing will be reported
under the budget risk category of their
respective, primary FHA mortgages, all
of which will generate negative credit
subsidy in FY 2013. In addition, the
Department will suspend issuance and
reissuance commitments under two
other programs that had previously
required positive credit: Section
221(d)(3) multifamily housing loans for
projects with non-profit sponsors or for
Section 223(d) operating loss loans to
multifamily housing projects with a
primary FHA mortgage.
The mortgage insurance premiums to
be in effect for FHA firm commitments
issued or reissued in FY 2013 are shown
in the chart below.
FISCAL YEAR 2013 MIP RATES—MULTIFAMILY HOUSING, HEALTH CARE FACILITIES AND HOSPITAL INSURANCE PROGRAMS
Current
basis
points
FHA Apartments:
207 Multifamily Housing New Construction/Sub Rehab without LIHTC ..........................................................................
207 Multifamily Housing New Construction/Sub Rehab with LIHTC ...............................................................................
207 Manufactured Home Parks without LIHTC ...............................................................................................................
207 Manufactured Home Parks with LIHTC ....................................................................................................................
221(d)(3) New Construction/Substantial Rehabilitation (NC/SR) for Nonprofit/Cooperative mortgagor without LIHTC
221(d)(3) Limited dividend with LIHTC ............................................................................................................................
221(d)(4) NC/SR without LIHTC ......................................................................................................................................
221(d)(4) NC/SR with LIHTC ...........................................................................................................................................
220 Urban Renewal Housing without LIHTC ...................................................................................................................
220 Urban Renewal Housing with LIHTC ........................................................................................................................
213 Cooperative ...............................................................................................................................................................
207/223(f) Refinance or Purchase for Apartments without LIHTC ..................................................................................
207/223(f) Refinance or Purchase for Apartments with LIHTC .......................................................................................
223(a)(7) Refinance of Apartments without LIHTC ..........................................................................................................
223(a)(7) Refinance of Apartments with LIHTC ...............................................................................................................
223d Operating Loss Loan for Apartments ......................................................................................................................
231 Elderly Housing without LIHTC .................................................................................................................................
231 Elderly Housing with LIHTC ......................................................................................................................................
241(a) Supplemental Loans for Apartments/coop without LIHTC ...................................................................................
241(a) Supplemental Loans for Apartments/coop with LIHTC ........................................................................................
FHA Health Care Facilities (Nursing Homes, ALF & B&C):
232 NC/SR Health Care Facilities without LIHTC ...........................................................................................................
232 NC/SR—Assisted Living Facilities with LIHTC .........................................................................................................
232/223(f) Refinance for Health Care Facilities without LIHTC .......................................................................................
232/223(f) Refinance for Health Care Facilities with LIHTC ............................................................................................
223(a)(7) Refinance of Health Care Facilities without LIHTC .........................................................................................
223(a)(7) Refinance of Health Care Facilities with LIHTC ..............................................................................................
223d Operating Loss Loan for Health Care Facilities ......................................................................................................
241(a) Supplemental Loans for Health Care Facilities without LIHTC ............................................................................
241(a) Supplemental Loans for Health Care Facilities with LIHTC .................................................................................
FHA Hospitals:
242 Hospitals ....................................................................................................................................................................
223(a)(7) Refinance of Existing FHA-insured Hospital ....................................................................................................
223(f) Refinance or Purchase of Existing Non-FHA-insured Hospital .............................................................................
241(a) Supplemental Loans for Hospitals ........................................................................................................................
FY13
basis
points
50
45
50
45
80
45
45
45
50
45
50
* 45
* 45
45
45
80
50
45
80
45
70
45
70
45
N/A
45
65
45
70
45
70
* 60
* 45
50
45
N/A
70
45
95
45
57
45
* 50
* 45
50
45
80
57
45
77
45
* 65
* 45
55
45
95
72
45
50
50
50
50
70
55
65
65
* The first year MIP for the Section 207/223(f) loans for apartments is 100 basis (one percent) points for the first year, as specified in sections
24 CFR 207.252b(a). The first year MIP for a Section 232/223(f) health care facility remains at 100 basis points (one percent).
Dated: April 3, 2012.
Carol Galante,
Acting Assistant Secretary for Housing—
Federal Housing Commissioner.
[FR Doc. 2012–8570 Filed 4–9–12; 8:45 am]
srobinson on DSK4SPTVN1PROD with NOTICES
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Kootenai Tribe of Idaho: Chapter 11—
Alcohol Control Act
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes Chapter
11—Alcohol Control Act for the
Kootenai Tribe of Idaho. The Act
regulates and controls the possession,
sale and consumption of liquor within
SUMMARY:
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the Kootenai Tribe of Idaho’s
Reservation. This Act allows for the
possession and sale of alcoholic
beverages within the jurisdiction of the
Kootenai Tribe of Idaho’s Reservation,
will increase the ability of the tribal
government to control the distribution
and possession of liquor within their
reservation, and at the same time will
provide an important source of revenue,
the strengthening of the tribal
government and the delivery of tribal
services.
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Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Notices
Effective Date: This Act is
effective April 10, 2012.
DATES:
FOR FURTHER INFORMATION CONTACT:
Betty Scissons, Tribal Government
Specialist, Northwest Regional Office,
Bureau of Indian Affairs, 911 NE. 11th
Avenue, Portland, OR 97232, Phone:
(503) 231–6723; Fax: (503) 231–6731: 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 Kootenai Tribal Council adopted
Resolution No. 11–12 to enact a new
Chapter 11—Alcohol Control Act on
August 9, 2011.
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 Kootenai Tribal Council
duly adopted Resolution No. 11–12 to
enact a new Chapter 11—Alcohol
Control Act on August 9, 2011.
Dated: April 2, 2012.
Donald E. Laverdure,
Principal Deputy Assistant Secretary—Indian
Affairs.
srobinson on DSK4SPTVN1PROD with NOTICES
Chapter 11—Alcohol Control Act for
the Kootenai Tribe of Idaho reads as
follows:
CHAPTER 11—ALCOHOL CONTROL
ACT
This Act repeals the previous Chapter
11 Alcohol Control, approved
September 1994, in its entirety and
replaces it with this restated Chapter 11.
11–1. TITLE AND PURPOSE.
11–1.01. This Chapter shall be known
as the KOOTENAI TRIBE OF IDAHO
ALCOHOL CONTROL ACT.
11–1.02. The purpose of this Chapter
is to regulate and control the
distribution and sale of liquor within
the territory identified in Article I of the
Kootenai Tribe of Idaho Constitution in
conformance with federal law.
11–2. AUTHORITY.
11–2.01. Powers of Council. This
Chapter is enacted pursuant to the
authority vested in the Tribal Council of
the Kootenai Tribe of Idaho under
Article IV, Section 1 of the Kootenai
Tribe of Idaho Constitution adopted
April 10, 1947 and where applicable the
Act of August 15, 1953 (Pub. L. 83–277,
67 Stat. 588, 18 U.S.C. 1161).
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11–2.02. Territory. The Kootenai Tribe
of Idaho exercises jurisdiction over the
area of Indian trust lands acquired
under the Act of February 8, 1887 (24
Stat. 388), and other trust lands
acquired pursuant to the Act of May 10,
1926 (44 Stat. 202), and over any lands
which may hereafter be acquired by or
for the Kootenai Tribe of Idaho as set
forth in Article I of the Kootenai Tribe
of Idaho Constitution.
11–3. DEFINITIONS.
11–3.01. As used in this Chapter,
except as may be specifically provided
otherwise, the following definitions
shall apply.
(1) ‘‘Alcohol’’ means that substance
known as ethyl alcohol, hydrated oxide
of ethyl, or spirit of wine, which is
produced by the fermentation or
distillation of grain, starch, molasses, or
sugar, or other substance including all
dilutions and mixtures of this
substance.
(2) ‘‘Beer’’ means any malt beverage,
flavored malt beverage, or malt liquor as
these terms are defined in this chapter.
(3) ‘‘Kootenai Reservation’’ refers to
the lands defined in section 11–2.02,
above.
(4) ‘‘Licensee’’ means any Triballyowned business entity licensed by the
Tribal Council to own and/or operate a
liquor outlet.
(5) ‘‘Liquor’’ includes the four
varieties of liquor herein defined
(alcohol, spirits, wine and beer), and all
fermented spirituous, vinous, or malt
liquor or combination thereof, and
mixed liquor, or otherwise intoxicating;
and every liquor or solid or semisolid or
other substance, patented or not,
containing alcohol, spirits, wine and
beer, and all drinks or drinkable liquids
and all preparations or mixtures capable
of all human consumption and any
liquid, semisolid, solid, or other
substances, which contain more than
one percent of alcohol by weight shall
be conclusively deemed to be
intoxicating.
(6) ‘‘Malt Beverage’’ or ‘‘malt liquor’’
means any beverage such as beer, ale,
lager, stout, porter, flavored malt
beverages such as wine coolers,
obtained by the alcoholic fermentation
of an infusion or decoction of pure
hops, or the pure extract of hops and
pure barley malt or other wholesome
grain or cereal in pure water containing
not more than eight percent of alcohol
by weight, and not less than one-half of
one percent of alcohol by volume. Any
such beverage containing more than
eight percent of alcohol by weight shall
be referred to as strong beer.
(7) ‘‘Liquor Outlet’’ means any
business where liquor is served, sold
and/or consumed.
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(8) ‘‘Spirits’’ means any beverage
which contains alcohol obtained by
distillation and intended for
consumption.
(9) ‘‘Tribal Council’’ or ‘‘Council’’
means the Tribal Council of the
Kootenai Tribe of Idaho.
(10) ‘‘Tribe’’ means the Kootenai Tribe
of Idaho.
(11) ‘‘Wine’’ means any alcoholic
beverage obtained by fermentation of
fruits or other agricultural products
containing sugar and containing not
more than twenty-four percent alcohol
by volume and not less than one-half of
one percent of alcohol by volume. For
purposes of this chapter, ‘‘wine coolers’’
shall not be defined as wine but rather
as a ‘‘malt beverage’’.
11–4. POSSESSION OF ALCOHOL
11–4.01. Possession of Alcohol is
prohibited on the Kootenai Reservation,
except as provided in this Chapter and
in the locations identified in 11–4.02.
11–4.02. Tribal Council authorizes
possession of alcohol at the Kootenai
River Inn Casino & Spa, Twin Rivers RV
Resort and such other locations as
Tribal Council may designate by
Resolution.
11–4.03. Violations of this Section
(1) Any individual found to be in
possession of alcohol on the Kootenai
Reservation in violation of this section
is guilty of a crime under Section 4–5
of the Criminal Code.
(2) Any individual found to be in
possession of alcohol on the Kootenai
Reservation in violation of this section
and not subject to the criminal
jurisdiction of the Kootenai Tribe of
Idaho is guilty of a regulatory infraction
under Section 5–3.11.
11–5. SALES OF LIQUOR.
11–5.01. Licenses Required. No sales
of alcoholic beverages shall be made
within the Kootenai Reservation, except
at a Tribally-licensed business.
11–5.02. Sales for Cash. All liquor
sales within the Kootenai Reservation
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 use of
major credit cards.
11–5.03. Sale for Personal
Consumption. All sales shall be for the
personal use and consumption of the
purchaser. Resale of any alcoholic
beverage purchased within the Kootenai
Reservation is prohibited. Any person
who is not licensed pursuant to this
Chapter who purchases an alcoholic
beverage and sells it, whether in the
original container or not, shall be guilty
of a violation of this Chapter and shall
be subjected to paying damages to the
Tribe as set forth herein.
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Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Notices
11–5.04. Restrictions on Sales. No
person shall sell, deliver or give, or
cause or permit to be sold, delivered or
given, any alcoholic beverages to:
(1) Any person under the age of
twenty-one (21) years, proof of which
shall be a valid Tribal identification
card, driver’s license, military
identification card or any other validly
issued government identification card;
(2) Any person apparently or actually
intoxicated;
(3) A habitual drunkard; or
(4) An interdicted person.
Any person who fails to comply with
this section shall have committed a
violation
11–6. LICENSING.
11–6.01. Eligibility. Only Tribally
owned entities shall be eligible to sell or
dispense liquor for consumption and
must possess a valid license issued by
the Tribe.
11–6.02. License Issued. Upon
approval, Council shall issue a Triballyowned entity a Tribal Liquor License for
a period of not more than three (3) years
which will entitle the license holder to
maintain one liquor outlet within the
Kootenai Reservation. The license is
nontransferable. It shall be renewed at
the discretion of the Tribal Council
subject to the terms of this Chapter.
11–6.03. Liability for Bills. A Liquor
Outlet License issued by the Council
does not represent any promise or
commitment by the Tribe to assume
responsibility for the business. The
operator is responsible for the payment
of all Liquor Outlet bills and is
forbidden to represent or give the
impression to any supplier that he or
she is an official representative of the
Tribe. The license issued by the Tribe
under this Chapter is contingent on the
agreement of the operator to hold the
Tribe harmless from all claims and
liability related to the operation of the
Liquor Outlet.
11–6.04. No Waiver. The operation of
a Tribally-owned Liquor Outlet is not to
be deemed a waiver of sovereign
immunity of the Tribe.
11–7. RULES, REGULATIONS, AND
ENFORCEMENT
11–7.01. Violations of This Chapter.
Any liquor outlet operator who violates
this Chapter shall be guilty of an offense
and subject to a penalty as determined
by the Tribal Court.
11–7.02. Loss of License. In addition
to any penalties imposed, any license
issued under this Chapter may be
suspended or canceled by the Tribal
Council after ten (10) days notice to the
licensee. The decision of the Tribal
Council shall be final.
11–7.03. Tribal Law. Nothing in this
Chapter shall preempt the criminal
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offenses imposed by Section 4–5 of
Chapter 4 Crimes or the Regulatory
Infractions of Chapter 5 of the Kootenai
Law and Order Code.
11–7.04. Non-Indian Offenders. Any
individual who is in violation of this
Chapter or Chapter 4 shall be subject to
a Regulatory Infraction and/or exclusion
and shall be subject to any State action
against them.
11–8. VIOLATION—CIVIL
PENALTIES, BURDEN OF PROOF
11–8.01. Any person violating any of
the provisions of this Chapter, except
where a specific civil fine is provided,
shall be subject to a civil fine of not less
than three hundred dollars ($300) nor
more than three thousand dollars
($3000) and shall be subject to any other
lawful penalty such as loss of license,
forfeiture of contraband and/or
exclusion from the Reservation. Any
court in which a civil judgment against
any licensee shall be entered shall
forthwith certify a copy thereof to the
Tribal Council and the Council shall
thereupon give notice of intent to revoke
any license issued to such person or to
exclude the person from the Reservation
under Chapter 12 of this Code.
11–8.02. A violation of any of the
provisions of this Chapter by any person
in any way acting on behalf of the
licensee shall be presumed to be a
violation by the licensee.
11–8.03. All violations of this Chapter
must be proven to the satisfaction of the
Court by a preponderance of the
evidence presented by any person
qualified to appear before the Court on
behalf of and at the direction of the
Tribal Council.
11–9. OTHER PROVISIONS
11–9.01. Persons Not Allowed To
Purchase, Possess Or Consume Liquor.
Any person under the age of twenty-one
(21) years who shall purchase, attempt
to purchase, possess, or consume
alcoholic beverages shall have
committed a violation and shall be
reported to the proper authorities.
11–9.02. Identification Required. It
shall be a violation for any person to
refuse to present valid identification
indicating age when requested to do so
by a licensee under this Chapter or the
employee of such licensee or by a law
enforcement officer with authority
within the Kootenai Reservation if that
person shall appear to be under the age
of twenty-nine (29) and that person
possesses, purchases, attempts to
purchase or consumes alcoholic liquor,
as defined by section 23–115, Idaho
Code or beer as defined by section 23–
1101, Idaho Code or is within a
premises licensed to sell liquor by the
drink at retail, or licensed to sell beer
for consumption on the premises.
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21583
11–10. SUSPENSION AND
REVOCATION OF LICENSE
11–10.01. Procedures. The Tribal
Council may suspend or revoke a
license issued in accordance with this
Chapter for any violation of or failure to
comply with the provisions of this
Chapter or Idaho statute, or any rules
and regulations promulgated pursuant
to such laws. Procedures for suspension
or revocation of licenses issued under
this Chapter are the following:
(1) The Council shall give written
notice of the alleged violations to the
licensee and grant an opportunity to the
licensee to challenge the allegations
within thirty (30) days. The Council
shall inform the licensee that it will
suspend or revoke the license if no
challenge is made within thirty (30)
days.
(2) If a challenge is made, the Council
shall set a time for hearing during a
Council meeting and immediately send
written notice to the licensee and the
complaining officer or individual of the
date, time and place of the hearing.
(3) A licensee who makes a timely
challenge to alleged violations shall
have the right to present evidence,
including testimony of witnesses, that
the licensee did not commit the
violations alleged. The person alleging
the violations shall present evidence of
the violations at the same meeting and
failure to do so will result in dismissal
of the complaint.
(4) The complaining party must prove
the violations took place by a
preponderance of the evidence.
11–10.02. Monetary Penalty. When
the Council makes a determination to
suspend a license, the licensee may
petition the Council to substitute a
monetary penalty in lieu of the license
suspension. If the Council determines
such payment to be consistent with the
purpose of this Chapter and is in the
Tribal interest, it shall establish a
payment in any amount not to exceed
five thousand dollars ($5,000). The
licensee may reject the amount
determined by the Council, and shall
have the license suspended until the
terms of the suspension are met. Upon
payment of the amount established, the
Council shall cancel the suspension.
The Council shall cause any payment to
be paid to the treasurer of the Tribe.
11–11. SEVERABILITY AND
MISCELLANEOUS
11–11.01. Severability. If any
provision or application of this Chapter
is determined by review to be invalid,
such adjudication shall not be held to
render ineffectual the remaining
portions of this chapter or to render
such provisions inapplicable to other
person or circumstances.
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Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Notices
11–11.02. Prior Enactments. All prior
enactments of the Tribal Council, which
are inconsistent with the provisions of
this Chapter, are hereby rescinded.
11–11.03. Idaho Law. To the extent
required by federal law, all acts and
transactions under this Chapter shall be
in conformity with the laws of the State
of Idaho as required by 18 U.S.C. 1161.
11–11.04. Effective Date. This Chapter
shall be effective upon adoption by the
Tribal Council.
11–12. SOVEREIGN IMMUNITY
11–12.01. Nothing contained in this
Chapter is intended to, nor does it in
any way limit, alter, restrict, or waive
the Tribe’s sovereign immunity from
unconsented suit or action.1
[FR Doc. 2012–8571 Filed 4–9–12; 8:45 am]
BILLING CODE 4310–4J–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCOF00000 L19900000.XZ0000]
Notice of Meeting, Front Range
Resource Advisory Council
Bureau of Land Management,
Interior.
ACTION: Notice of Public Meeting.
AGENCY:
In accordance with the
Federal Land Policy and Management
Act (FLPMA) and the Federal Advisory
Committee Act of 1972 (FACA), the U.S.
Department of the Interior, Bureau of
Land Management (BLM) Front Range
Resource Advisory Council (RAC), will
meet as indicated below.
DATES: The meeting will be held on May
8, 2012, from 1 p.m. to 5 p.m., and May
9, 2012, from 8 a.m. to 1:30 p.m.
ADDRESSES: Orient Land Trust, 64393
County Road Gg, Crestone, CO, on
Tuesday; and Hampton Inn Alamosa,
710 Mariposa Street, Alamosa, CO, on
Wednesday.
FOR FURTHER INFORMATION CONTACT:
Denise Adamic, Front Range RAC
Coordinator, BLM Royal Gorge Field
˜
Office, 3028 E. Main St., Canon City, CO
81212. Phone: (719) 269–8553. Email:
dadamic@blm.gov. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individual. You will receive a
reply during normal business hours.
srobinson on DSK4SPTVN1PROD with NOTICES
SUMMARY:
1 Federal law imposes the requirement that this
Chapter obtain approval of the Secretary of the
Interior and published in the Federal Register.
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The 15member Council advises the Secretary
of the Interior, through the BLM, on a
variety of planning and management
issues associated with public land
management in the BLM Front Range
District, which includes the Royal Gorge
Field Office (RGFO) and the San Luis
Valley Field Office. Planned topics of
discussion items include: Trail work
and native fish habitat restoration with
the Orient Land Trust, visual resource
management studies, and special
recreation permits. The meeting will
also include a tour of the Orient Land
Trust projects on Tuesday and a field
trip to the BLM Zapata Falls
campground on Wednesday. The
meeting is open to the public. The
public is encouraged to make oral
comments to the Council at 8:30 a.m. on
Wednesday or written statements may
be submitted for the Council’s
consideration. Summary minutes for the
RAC meetings will be maintained in the
RGFO and will be available for public
inspection and reproduction during
regular business hours within 30 days
following the meeting. Previous meeting
minutes and agendas are available at:
www.blm.gov/co/st/en/BLM_Resources/
racs/frrac/co_rac_minutes_front.html.
SUPPLEMENTARY INFORMATION:
Dated: April 4, 2012.
Helen M. Hankins,
State Director.
[FR Doc. 2012–8586 Filed 4–9–12; 8:45 am]
BILLING CODE 4310–JB–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCOF00000 L16520000.XX0000]
Notice of Meeting, Rio Grande Natural
Area Commission
Bureau of Land Management,
Interior.
ACTION: Notice of public meeting.
AGENCY:
In accordance with the
Federal Land Policy and Management
Act of 1976 (FLPMA) and the Federal
Advisory Committee Act of 1972
(FACA), the U.S. Department of the
Interior, Bureau of Land Management
(BLM) Rio Grande Natural Area
Commission will meet as indicated
below.
DATES: The meeting will be held from 10
a.m. to 3 p.m. on May 16, 2012.
ADDRESSES: Hampton Inn Alamosa, 710
Mariposa Street, Alamosa, CO 81101.
FOR FURTHER INFORMATION CONTACT:
Denise Adamic, Public Affairs
Specialist, BLM Front Range District
˜
Office, 3028 East Main, Canon City, CO
81212. Phone: (719) 269–8553. Email:
dadamic@blm.gov. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individual. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION: The Rio
Grande Natural Area Commission was
established in the Rio Grande Natural
Area Act (16 U.S.C. 460rrr–2). The ninemember Commission advises the
Secretary of the Interior, through the
BLM, concerning the preparation and
implementation of a management plan
relating to non-Federal land in the Rio
Grande Natural Area, as directed by law.
Planned agenda topics include: Further
discussions of resource concerns and
goals that should be addressed in the
management plan, creating
subcommittees devoted to each issue in
the plan and how public involvement
could occur in the future. The public
may offer oral comments at 2:15 p.m. or
written statements may be submitted for
the Commission’s consideration. Please
send written comments to Denise
Adamic at the address above by May 11,
2012. Depending on the number of
persons wishing to comment and time
available, the time for individual oral
comments may be limited. Summary
minutes for the Commission Meeting
will be maintained in the San Luis
Valley Field Office and will be available
for public inspection and reproduction
during regular business hours within 30
days following the meeting. Meeting
minutes and agenda are also available
at: www.blm.gov/co/st/en/fo/slvfo.html.
Dated: April 4, 2012.
Helen M. Hankins,
State Director.
[FR Doc. 2012–8583 Filed 4–9–12; 8:45 am]
BILLING CODE 4310–JB–P
SUMMARY:
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INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–836]
Certain Consumer Electronics and
Display Devices and Products
Containing Same; Institution of
Investigation Pursuant to 19 U.S.C.
1337
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
SUMMARY:
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[Federal Register Volume 77, Number 69 (Tuesday, April 10, 2012)]
[Notices]
[Pages 21581-21584]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8571]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Kootenai Tribe of Idaho: Chapter 11--Alcohol Control Act
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes Chapter 11--Alcohol Control Act for the
Kootenai Tribe of Idaho. The Act regulates and controls the possession,
sale and consumption of liquor within the Kootenai Tribe of Idaho's
Reservation. This Act allows for the possession and sale of alcoholic
beverages within the jurisdiction of the Kootenai Tribe of Idaho's
Reservation, will increase the ability of the tribal government to
control the distribution and possession of liquor within their
reservation, and at the same time will provide an important source of
revenue, the strengthening of the tribal government and the delivery of
tribal services.
[[Page 21582]]
DATES: Effective Date: This Act is effective April 10, 2012.
FOR FURTHER INFORMATION CONTACT: Betty Scissons, Tribal Government
Specialist, Northwest Regional Office, Bureau of Indian Affairs, 911
NE. 11th Avenue, Portland, OR 97232, Phone: (503) 231-6723; Fax: (503)
231-6731: 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 Kootenai Tribal Council adopted
Resolution No. 11-12 to enact a new Chapter 11--Alcohol Control Act on
August 9, 2011.
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 Kootenai Tribal Council duly adopted
Resolution No. 11-12 to enact a new Chapter 11--Alcohol Control Act on
August 9, 2011.
Dated: April 2, 2012.
Donald E. Laverdure,
Principal Deputy Assistant Secretary--Indian Affairs.
Chapter 11--Alcohol Control Act for the Kootenai Tribe of Idaho
reads as follows:
CHAPTER 11--ALCOHOL CONTROL ACT
This Act repeals the previous Chapter 11 Alcohol Control, approved
September 1994, in its entirety and replaces it with this restated
Chapter 11.
11-1. TITLE AND PURPOSE.
11-1.01. This Chapter shall be known as the KOOTENAI TRIBE OF IDAHO
ALCOHOL CONTROL ACT.
11-1.02. The purpose of this Chapter is to regulate and control the
distribution and sale of liquor within the territory identified in
Article I of the Kootenai Tribe of Idaho Constitution in conformance
with federal law.
11-2. AUTHORITY.
11-2.01. Powers of Council. This Chapter is enacted pursuant to the
authority vested in the Tribal Council of the Kootenai Tribe of Idaho
under Article IV, Section 1 of the Kootenai Tribe of Idaho Constitution
adopted April 10, 1947 and where applicable the Act of August 15, 1953
(Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. 1161).
11-2.02. Territory. The Kootenai Tribe of Idaho exercises
jurisdiction over the area of Indian trust lands acquired under the Act
of February 8, 1887 (24 Stat. 388), and other trust lands acquired
pursuant to the Act of May 10, 1926 (44 Stat. 202), and over any lands
which may hereafter be acquired by or for the Kootenai Tribe of Idaho
as set forth in Article I of the Kootenai Tribe of Idaho Constitution.
11-3. DEFINITIONS.
11-3.01. As used in this Chapter, except as may be specifically
provided otherwise, the following definitions shall apply.
(1) ``Alcohol'' means that substance known as ethyl alcohol,
hydrated oxide of ethyl, or spirit of wine, which is produced by the
fermentation or distillation of grain, starch, molasses, or sugar, or
other substance including all dilutions and mixtures of this substance.
(2) ``Beer'' means any malt beverage, flavored malt beverage, or
malt liquor as these terms are defined in this chapter.
(3) ``Kootenai Reservation'' refers to the lands defined in section
11-2.02, above.
(4) ``Licensee'' means any Tribally-owned business entity licensed
by the Tribal Council to own and/or operate a liquor outlet.
(5) ``Liquor'' includes the four varieties of liquor herein defined
(alcohol, spirits, wine and beer), and all fermented spirituous,
vinous, or malt liquor or combination thereof, and mixed liquor, or
otherwise intoxicating; and every liquor or solid or semisolid or other
substance, patented or not, containing alcohol, spirits, wine and beer,
and all drinks or drinkable liquids and all preparations or mixtures
capable of all human consumption and any liquid, semisolid, solid, or
other substances, which contain more than one percent of alcohol by
weight shall be conclusively deemed to be intoxicating.
(6) ``Malt Beverage'' or ``malt liquor'' means any beverage such as
beer, ale, lager, stout, porter, flavored malt beverages such as wine
coolers, obtained by the alcoholic fermentation of an infusion or
decoction of pure hops, or the pure extract of hops and pure barley
malt or other wholesome grain or cereal in pure water containing not
more than eight percent of alcohol by weight, and not less than one-
half of one percent of alcohol by volume. Any such beverage containing
more than eight percent of alcohol by weight shall be referred to as
strong beer.
(7) ``Liquor Outlet'' means any business where liquor is served,
sold and/or consumed.
(8) ``Spirits'' means any beverage which contains alcohol obtained
by distillation and intended for consumption.
(9) ``Tribal Council'' or ``Council'' means the Tribal Council of
the Kootenai Tribe of Idaho.
(10) ``Tribe'' means the Kootenai Tribe of Idaho.
(11) ``Wine'' means any alcoholic beverage obtained by fermentation
of fruits or other agricultural products containing sugar and
containing not more than twenty-four percent alcohol by volume and not
less than one-half of one percent of alcohol by volume. For purposes of
this chapter, ``wine coolers'' shall not be defined as wine but rather
as a ``malt beverage''.
11-4. POSSESSION OF ALCOHOL
11-4.01. Possession of Alcohol is prohibited on the Kootenai
Reservation, except as provided in this Chapter and in the locations
identified in 11-4.02.
11-4.02. Tribal Council authorizes possession of alcohol at the
Kootenai River Inn Casino & Spa, Twin Rivers RV Resort and such other
locations as Tribal Council may designate by Resolution.
11-4.03. Violations of this Section
(1) Any individual found to be in possession of alcohol on the
Kootenai Reservation in violation of this section is guilty of a crime
under Section 4-5 of the Criminal Code.
(2) Any individual found to be in possession of alcohol on the
Kootenai Reservation in violation of this section and not subject to
the criminal jurisdiction of the Kootenai Tribe of Idaho is guilty of a
regulatory infraction under Section 5-3.11.
11-5. SALES OF LIQUOR.
11-5.01. Licenses Required. No sales of alcoholic beverages shall
be made within the Kootenai Reservation, except at a Tribally-licensed
business.
11-5.02. Sales for Cash. All liquor sales within the Kootenai
Reservation 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 use of major credit cards.
11-5.03. Sale for Personal Consumption. All sales shall be for the
personal use and consumption of the purchaser. Resale of any alcoholic
beverage purchased within the Kootenai Reservation is prohibited. Any
person who is not licensed pursuant to this Chapter who purchases an
alcoholic beverage and sells it, whether in the original container or
not, shall be guilty of a violation of this Chapter and shall be
subjected to paying damages to the Tribe as set forth herein.
[[Page 21583]]
11-5.04. Restrictions on Sales. No person shall sell, deliver or
give, or cause or permit to be sold, delivered or given, any alcoholic
beverages to:
(1) Any person under the age of twenty-one (21) years, proof of
which shall be a valid Tribal identification card, driver's license,
military identification card or any other validly issued government
identification card;
(2) Any person apparently or actually intoxicated;
(3) A habitual drunkard; or
(4) An interdicted person.
Any person who fails to comply with this section shall have
committed a violation
11-6. LICENSING.
11-6.01. Eligibility. Only Tribally owned entities shall be
eligible to sell or dispense liquor for consumption and must possess a
valid license issued by the Tribe.
11-6.02. License Issued. Upon approval, Council shall issue a
Tribally-owned entity a Tribal Liquor License for a period of not more
than three (3) years which will entitle the license holder to maintain
one liquor outlet within the Kootenai Reservation. The license is
nontransferable. It shall be renewed at the discretion of the Tribal
Council subject to the terms of this Chapter.
11-6.03. Liability for Bills. A Liquor Outlet License issued by the
Council does not represent any promise or commitment by the Tribe to
assume responsibility for the business. The operator is responsible for
the payment of all Liquor Outlet bills and is forbidden to represent or
give the impression to any supplier that he or she is an official
representative of the Tribe. The license issued by the Tribe under this
Chapter is contingent on the agreement of the operator to hold the
Tribe harmless from all claims and liability related to the operation
of the Liquor Outlet.
11-6.04. No Waiver. The operation of a Tribally-owned Liquor Outlet
is not to be deemed a waiver of sovereign immunity of the Tribe.
11-7. RULES, REGULATIONS, AND ENFORCEMENT
11-7.01. Violations of This Chapter. Any liquor outlet operator who
violates this Chapter shall be guilty of an offense and subject to a
penalty as determined by the Tribal Court.
11-7.02. Loss of License. In addition to any penalties imposed, any
license issued under this Chapter may be suspended or canceled by the
Tribal Council after ten (10) days notice to the licensee. The decision
of the Tribal Council shall be final.
11-7.03. Tribal Law. Nothing in this Chapter shall preempt the
criminal offenses imposed by Section 4-5 of Chapter 4 Crimes or the
Regulatory Infractions of Chapter 5 of the Kootenai Law and Order Code.
11-7.04. Non-Indian Offenders. Any individual who is in violation
of this Chapter or Chapter 4 shall be subject to a Regulatory
Infraction and/or exclusion and shall be subject to any State action
against them.
11-8. VIOLATION--CIVIL PENALTIES, BURDEN OF PROOF
11-8.01. Any person violating any of the provisions of this
Chapter, except where a specific civil fine is provided, shall be
subject to a civil fine of not less than three hundred dollars ($300)
nor more than three thousand dollars ($3000) and shall be subject to
any other lawful penalty such as loss of license, forfeiture of
contraband and/or exclusion from the Reservation. Any court in which a
civil judgment against any licensee shall be entered shall forthwith
certify a copy thereof to the Tribal Council and the Council shall
thereupon give notice of intent to revoke any license issued to such
person or to exclude the person from the Reservation under Chapter 12
of this Code.
11-8.02. A violation of any of the provisions of this Chapter by
any person in any way acting on behalf of the licensee shall be
presumed to be a violation by the licensee.
11-8.03. All violations of this Chapter must be proven to the
satisfaction of the Court by a preponderance of the evidence presented
by any person qualified to appear before the Court on behalf of and at
the direction of the Tribal Council.
11-9. OTHER PROVISIONS
11-9.01. Persons Not Allowed To Purchase, Possess Or Consume
Liquor. Any person under the age of twenty-one (21) years who shall
purchase, attempt to purchase, possess, or consume alcoholic beverages
shall have committed a violation and shall be reported to the proper
authorities.
11-9.02. Identification Required. It shall be a violation for any
person to refuse to present valid identification indicating age when
requested to do so by a licensee under this Chapter or the employee of
such licensee or by a law enforcement officer with authority within the
Kootenai Reservation if that person shall appear to be under the age of
twenty-nine (29) and that person possesses, purchases, attempts to
purchase or consumes alcoholic liquor, as defined by section 23-115,
Idaho Code or beer as defined by section 23-1101, Idaho Code or is
within a premises licensed to sell liquor by the drink at retail, or
licensed to sell beer for consumption on the premises.
11-10. SUSPENSION AND REVOCATION OF LICENSE
11-10.01. Procedures. The Tribal Council may suspend or revoke a
license issued in accordance with this Chapter for any violation of or
failure to comply with the provisions of this Chapter or Idaho statute,
or any rules and regulations promulgated pursuant to such laws.
Procedures for suspension or revocation of licenses issued under this
Chapter are the following:
(1) The Council shall give written notice of the alleged violations
to the licensee and grant an opportunity to the licensee to challenge
the allegations within thirty (30) days. The Council shall inform the
licensee that it will suspend or revoke the license if no challenge is
made within thirty (30) days.
(2) If a challenge is made, the Council shall set a time for
hearing during a Council meeting and immediately send written notice to
the licensee and the complaining officer or individual of the date,
time and place of the hearing.
(3) A licensee who makes a timely challenge to alleged violations
shall have the right to present evidence, including testimony of
witnesses, that the licensee did not commit the violations alleged. The
person alleging the violations shall present evidence of the violations
at the same meeting and failure to do so will result in dismissal of
the complaint.
(4) The complaining party must prove the violations took place by a
preponderance of the evidence.
11-10.02. Monetary Penalty. When the Council makes a determination
to suspend a license, the licensee may petition the Council to
substitute a monetary penalty in lieu of the license suspension. If the
Council determines such payment to be consistent with the purpose of
this Chapter and is in the Tribal interest, it shall establish a
payment in any amount not to exceed five thousand dollars ($5,000). The
licensee may reject the amount determined by the Council, and shall
have the license suspended until the terms of the suspension are met.
Upon payment of the amount established, the Council shall cancel the
suspension. The Council shall cause any payment to be paid to the
treasurer of the Tribe.
11-11. SEVERABILITY AND MISCELLANEOUS
11-11.01. Severability. If any provision or application of this
Chapter is determined by review to be invalid, such adjudication shall
not be held to render ineffectual the remaining portions of this
chapter or to render such provisions inapplicable to other person or
circumstances.
[[Page 21584]]
11-11.02. Prior Enactments. All prior enactments of the Tribal
Council, which are inconsistent with the provisions of this Chapter,
are hereby rescinded.
11-11.03. Idaho Law. To the extent required by federal law, all
acts and transactions under this Chapter shall be in conformity with
the laws of the State of Idaho as required by 18 U.S.C. 1161.
11-11.04. Effective Date. This Chapter shall be effective upon
adoption by the Tribal Council.
11-12. SOVEREIGN IMMUNITY
11-12.01. Nothing contained in this Chapter is intended to, nor
does it in any way limit, alter, restrict, or waive the Tribe's
sovereign immunity from unconsented suit or action.\1\
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\1\ Federal law imposes the requirement that this Chapter obtain
approval of the Secretary of the Interior and published in the
Federal Register.
[FR Doc. 2012-8571 Filed 4-9-12; 8:45 am]
BILLING CODE 4310-4J-P
