Extending Scoping Period To Prepare a Programmatic Environmental Impact Statement (EIS) for the Navajo Nation Integrated Weed Management Plan Within Coconino, Navajo, and Apache Counties, AZ; McKinley, San Juan, McGill, and Cibola, Counties, NM; and San Juan County, UT, 15039 [2013-05398]
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Federal Register / Vol. 78, No. 46 / Friday, March 8, 2013 / Notices
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influence of liquor/alcoholic beverage,
to the extent that control of the person’s
faculties is impaired shall be guilty of a
violation of this ordinance.
.03 Consuming Liquor/Alcohol in
Public Conveyance—Any person
engaged wholly or in part in the public
conveyance business of carrying
passengers for hire and every agent,
servant, or employee or such person,
who knowingly permits any person to
drink any liquor/alcohol in any vehicle
that carries passengers for hire, while
such vehicle in on Tribal land, shall be
guilty of a violation of this ordinance.
Any person who drinks any liquor/
alcohol in any vehicle that carries
passengers for hire, while such vehicle
is on Tribal land, shall be guilty of a
violation of this ordinance.
.04 Liquor/Alcohol may not be given
as a prize, gift, premium or
consideration for a lottery, contest, game
of chance or skill, or competition of any
kind.
Section 8.00—Enforcement and
Jurisdiction
.01 Enforcement—The Tribe through
its Tribal Council and Bishop Paiute
Tribal Court (Tribal Court) and duly
authorized security personnel, shall
have the authority to enforce this
Ordinance which shall include
confiscating any liquor/alcohol
manufactured, introduced, sold or
possessed located on Tribal Lands in
violation of this ordinance. The Tribal
Council shall be empowered to sell
confiscated liquor/alcohol for the
benefit of the Tribe after receiving Tribal
Court approval, and to develop and
approve such regulations as may
become necessary for the enforcement of
this Ordinance.
.02 Jurisdiction—Any violations of
this ordinance shall constitute a public
nuisance under Tribal law. It shall be
the Tribal Council or its duly authorized
security personnel who may initiate and
maintain an action in the Tribal Court
to abate and permanently enjoin any
nuisance declared under this ordinance
and to enforce any and all provisions
and penalties under this ordinance. The
Tribal Council shall authorize and
implement the development of Court
rules and procedures that will ensure
due process as to all Tribal Court
proceedings under this ordinance. Any
actions taken under this section 8 may
be in addition to any other penalties
provided in this ordinance or adopted
by the Tribal Council from time to time.
This ordinance when approved by the
United States Department of the Interior
and published in the Federal Register
shall fall under the jurisdiction of the
Tribal Court.
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18:44 Mar 07, 2013
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.03 General penalties—The Tribe
through the Tribal Court may
implement monetary fines not to exceed
$500 for each violation and/or causing
the suspension or revocation of a liquor/
alcohol license. The Tribal Court may
adopt by resolution a separate schedule
of fines for each type of violation, taking
into account its seriousness and the
threat it may pose to the general health
and welfare of tribal members. This
schedule will include violations for
repeat offenders. Any penalties
provided herein shall in addition to any
criminal penalties, which may be
imposed by the Tribal Court through an
adopted separate ordinance that
conforms to federal law.
.04 Conflicting provisions—
Whenever any conflict occurs between
the provisions of this ordinance or the
provisions of any other ordinance of the
Tribe, the stricter of such provisions
shall apply.
.05 Severability—If any provision or
application of this ordinance is
determined invalid such determination
shall not invalidate the remaining
portions of this ordinance.
Section 9.00—Limited Waiver of
Sovereign Immunity
By enacting this ordinance, the Tribe
does not waive, or limit or modify its
sovereign immunity from unconsented
suit or any other judicial or
administrative proceeding except as
specifically provided herein.
The Tribe agrees and grants a limited
waiver of its sovereign immunity solely
for the purpose of authorizing the State
of California through or on behalf of the
California State Department of Alcohol
Beverage Control or any other
appropriate sState agency to bring an
action in courts of appropriate
jurisdiction with the State of California
or California State Administrative
Proceedings, for the purpose of
providing the State of California with
remedies to enforce all laws, rules,
regulations and rights the state has
relating to the issuance of a liquor/
alcohol beverage license to the Tribe.
Section 10.00—Revocation/Suspension
of License
The Tribal Council may revoke or
suspend the license for reasonable cause
after providing the licensee with notice
and an opportunity to participate in a
hearing at which time the licensee is
given an opportunity to respond to any
claims against it alleging a violation of
this Ordinance, and to demonstrate why
the license should not be revoked or
suspended. Any determination of the
Tribal Council concerning revocation or
suspension of a license is final. The
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15039
Tribal Council shall direct its
authorized representatives to prepare
appropriate rules of procedure
concerning how a revocation/
suspension hearing is to be held and the
form of notice to be given to a licensee
subject to potential revocation or
suspension of its license.
Section 11.00—Inspection of Licensed
Premises
The premises on which liquor is sold
or distributed shall be open for
inspection by the Tribal Council and/or
its authorized representative with
respect to the enforcement of this
Ordinance at all reasonable times for the
purpose of ascertaining whether the
rules and regulations of the Tribal
Council and this Ordinance are being
complied with.
[FR Doc. 2013–05499 Filed 3–7–13; 8:45 am]
BILLING CODE 4310–4J–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Extending Scoping Period To Prepare
a Programmatic Environmental Impact
Statement (EIS) for the Navajo Nation
Integrated Weed Management Plan
Within Coconino, Navajo, and Apache
Counties, AZ; McKinley, San Juan,
McGill, and Cibola, Counties, NM; and
San Juan County, UT
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: The Bureau of Indian Affairs
(BIA) is extending the public scoping
period to prepare an EIS for the Navajo
Nation Integrated Weed Management
Plan on the Navajo Indian Reservation.
DATES: Scoping comments are due on
March 20, 2013.
FOR FURTHER INFORMATION CONTACT:
Renee Benally at (928) 283–2210; email:
renee.benally@bia.gov.
SUPPLEMENTARY INFORMATION: The BIA
published a Notice of Intent in the
Federal Register on January 14, 2013,
(78 FR 2685) and ended the scoping
comment period on February 28, 2013.
The BIA is extending the comment
period to March 20, 2013. Please refer
to the January 14, 2013, (78 FR 2685)
Notice of Intent for project details and
commenting instructions.
Dated: February 28, 2013.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
[FR Doc. 2013–05398 Filed 3–7–13; 8:45 am]
BILLING CODE 4310–W7–P
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Agencies
[Federal Register Volume 78, Number 46 (Friday, March 8, 2013)]
[Notices]
[Page 15039]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05398]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Extending Scoping Period To Prepare a Programmatic Environmental
Impact Statement (EIS) for the Navajo Nation Integrated Weed Management
Plan Within Coconino, Navajo, and Apache Counties, AZ; McKinley, San
Juan, McGill, and Cibola, Counties, NM; and San Juan County, UT
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Indian Affairs (BIA) is extending the public
scoping period to prepare an EIS for the Navajo Nation Integrated Weed
Management Plan on the Navajo Indian Reservation.
DATES: Scoping comments are due on March 20, 2013.
FOR FURTHER INFORMATION CONTACT: Renee Benally at (928) 283-2210;
email: renee.benally@bia.gov.
SUPPLEMENTARY INFORMATION: The BIA published a Notice of Intent in the
Federal Register on January 14, 2013, (78 FR 2685) and ended the
scoping comment period on February 28, 2013. The BIA is extending the
comment period to March 20, 2013. Please refer to the January 14, 2013,
(78 FR 2685) Notice of Intent for project details and commenting
instructions.
Dated: February 28, 2013.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
[FR Doc. 2013-05398 Filed 3-7-13; 8:45 am]
BILLING CODE 4310-W7-P