Cayuga Nation of New York; Alcoholic Beverage Control Ordinance, 35326-35328 [2021-14219]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 35326 Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices or she is exiting an institution where they resided for 120 days or less and resided in an emergency shelter or place not meant for human habitation immediately before entering that institution. The waiver is in effect until June 30, 2021 and is made available with respect to all ESG grants, whether funded under the CARES Act or annual ESG appropriations. Nature of Requirement: The definition of homeless in 24 CFR 576.2 includes under paragraph (1)(iii) an individual who is exiting an institution where he or she resided for 90 days or less and has resided in an emergency shelter or place not meant for human habitation immediately before entering that institution, which is an interpretation of § 103(a)(4) of the McKinney-Vento Act which includes an individual who resided in a shelter or place not meant for human habitation and who is exiting an institution where he or she temporarily resided (emphasis added). Granted By: James A. Jemison, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: March 31, 2021. Reason Waived: HUD originally waived this requirement on September 30, 2020 to keep housing options open for individuals who otherwise would have been homeless but were reporting longer stays in institutions as a result of COVID–19 (e.g., longer time in jail due to a postponed court dates due to courts closings or courts operating at reduced capacity and longer hospital stays when infected with COVID–19). Allowing someone who was residing in an emergency shelter or place not meant for human habitation prior to entering the institution to maintain their homeless status while residing in an institution for longer than 90 days is necessary to prevent the spread of and respond to COVID–19 by expanding housing options for people who were experiencing homelessness and institutionalized for longer than traditionally required due to COVID–19. Recipients continue to report potential program participants are staying in institutions for longer periods of time due to COVID–19; therefore, HUD extended this waiver to allow someone who was residing in an emergency shelter or place not meant for human habitation prior to entering the institution to maintain their homeless status while residing in an institution for longer than 90 days. Contact: Norm Suchar, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7262, VerDate Sep<11>2014 17:12 Jul 01, 2021 Jkt 253001 Washington, DC 20410, telephone number (202) 708–4300. • Regulation: 24 CFR 576.203(a)(1). Project/Activity: HUD granted a waiver of 24 CFR 576.203(a)(1) to Oregon Housing and Community Services (OHCS), to extend its obligation date to March 31, 2021 to provide time to evaluate new applications, award funds, and account for unforeseen delays due to the implementation of a new funding approach to meet the unprecedented need during the COVID–19 pandemic and identify new subrecipients with the capacity to administer ESG–CV funds. Nature of Requirement: Section 24 CFR 576.203(a)(1) requires states to obligate funds within 60 days from the date that it signs the grant agreement with HUD. HUD further waived this requirement in CPD–20–08 Notice: Waivers and Alternative Requirements for the Emergency Solutions Grants (ESG) Program Under the CARES Act (ESG–CV Notice) so long as states obligated funds within 180 days for activities it will carry out itself and 240 days for activities it will obligate to subrecipients. Granted By: John Gibbs, Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: January 7, 2021. Reason Waived: HUD granted the waiver to extend OHCS’s obligation deadline from February 18, 2021 to March 31, 2021 to provide additional time to implement a new competitive process for allocating funds and identifying new subrecipients with the capacity to administer ESG CARES Act funds. The waiver provides OHCS with time needed to complete their funding process. Contact: Norm Suchar, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7262, Washington, DC 20410, telephone number (202) 708–4300. [FR Doc. 2021–14135 Filed 7–1–21; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [212A2100DD/AAKC001030/ A0A501010.999900253G] Indian Gaming; Approval of TribalState Class III Gaming Compact in the State of Minnesota AGENCY: Bureau of Indian Affairs, Interior. PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 ACTION: Notice. This notice publishes the approval of the class III gaming compact between the Shakopee Mdewakanton Sioux Community of Minnesota (Tribe) and the State of Minnesota (State). DATES: The compact takes effect on July 2, 2021. FOR FURTHER INFORMATION CONTACT: Ms. Paula L. Hart, Director, Office of Indian Gaming, Office of the Deputy Assistant Secretary—Policy and Economic Development, Washington, DC 20240, paula.hart@bia.gov, (202) 219–4066. SUPPLEMENTARY INFORMATION: Under section 11 of the Indian Gaming Regulatory Act (IGRA), Public Law 100– 497, 25 U.S.C. 2701 et seq., the Secretary of the Interior shall publish in the Federal Register notice of approved Tribal-State compacts for the purpose of engaging in Class III gaming activities on Indian lands. As required by 25 CFR 293.4, all compacts and amendments are subject to review and approval by the Secretary. The Compact allows for the express and limited purpose of permitting the use of partitioned hard drives by the Community. The Compact is approved. SUMMARY: Bryan Newland, Principal Deputy Assistant Secretary—Indian Affairs. [FR Doc. 2021–14218 Filed 7–1–21; 8:45 am] BILLING CODE 4337–15–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [212A2100DD/AASS003600/ A0T902020.999900.253G] Cayuga Nation of New York; Alcoholic Beverage Control Ordinance Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: This notice publishes the liquor control ordinance of the Cayuga Nation of New York. The liquor control statute regulates and controls the possession, sale, manufacture, and distribution of alcohol in conformity with the laws of the State of New York. DATES: This Ordinance is effective on August 2, 2021. FOR FURTHER INFORMATION CONTACT: Ms. Rebecca J. Smith, Tribal Relations Specialist, Eastern Regional Office, Bureau of Indian Affairs, 545 Marriott Drive, Suite 700, Nashville, Tennessee 37214, Telephone: (615) 564–6711, Fax: (615) 564–6701; or Ms. Laurel Iron Cloud, Chief, Division of Tribal SUMMARY: E:\FR\FM\02JYN1.SGM 02JYN1 Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices Government Services, Office of Indian Services, Bureau of Indian Affairs, 1849 C Street NW, MS–4513–MIB, Washington, DC 20240, Telephone: (202) 513–7641. 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 control ordinances for the purpose of regulating liquor transactions in Indian country. The Tribal Council of the Cayuga Nation of New York duly adopted the Cayuga Nation Alcoholic Beverage Control Ordinance on August 2, 2016, and subsequently amended it by resolution on December 5, 2017. This notice is published in accordance with the authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs (Department of the Interior Departmental Manual, 209 DM 8). I certify that the Tribal Council of the Cayuga Nation of New York duly adopted the Cayuga Nation Alcoholic Beverage Control Ordinance on August 2, 2016, and subsequently amended it by resolution on December 5, 2017 to clarify language. The Cayuga Nation Alcoholic Beverage Control Ordinance reads as follows: SUPPLEMENTARY INFORMATION: Cayuga Nation of New York Alcoholic Beverage Control Ordinance December 5, 2017 lotter on DSK11XQN23PROD with NOTICES1 Article-1 Introduction, Manufacture, Sale, Distribution and Possession The manufacture, introduction, sale, distribution or possession of alcoholic beverages within Indian country as that term is defined in 18 U.S.C. 1151 under the jurisdiction of the Cayuga Nation of New York (the ‘‘Nation’’) shall be lawful, provided that such manufacture, introduction, sale, distribution or possession is in compliance with the laws, regulations and ordinances of the Nation, which, in accordance with 18 U.S.C. 1161, shall at all times conform with the laws, regulations and ordinances of the State of New York and of the United States. Without limiting the generality of the foregoing in any way, the possession of alcoholic beverages by, or the sale or distribution of alcoholic beverages to anyone, under the age of twenty-one (21) is expressly prohibited. VerDate Sep<11>2014 17:12 Jul 01, 2021 Jkt 253001 Article 2-Alcoholic Beverage Control Commission A. The Cayuga Nation Alcoholic Beverage Control Commission (the ‘‘Commission’’) is hereby established by this Ordinance. The Commission shall be the sole Nation regulatory body with jurisdiction over, and shall possess the authority to control, the manufacture, possession, sale, distribution and consumption of alcoholic beverages within Indian country under the Nation’s jurisdiction. B. The Commission shall consist of at least three (3) but not more than five (5) members each of whom shall be appointed by the federally-recognized Council of the Cayuga Nation (hereinafter referred to as the ‘‘Authorized Governing Council of the Nation’’) which shall also have the power to appoint a Chairman of the Commission. Any individual twentyone (21) years of age or older shall be eligible to serve on the Commission regardless of whether he or she is a citizen of the Nation, provided the Authorized Governing Council of the Nation determines that: (i) There would be no apparent conflict of interest created by the individual’s appointment, and (ii) a background investigation of the individual has been performed and the results of that investigation are deemed satisfactory. Further, a majority of the members of the Commission shall, at all times, consist of individuals who are not members of the Authorized Governing Council of the Nation. C. The term of office for each member of the Commission shall be two (2) years. A member of the Commission may serve more than one term on the Commission. Nevertheless, a Commission member may be removed, for cause, by the Authorized Governing Council of the Nation prior to the expiration of his or her term. Article 3: Commission Powers and Duties The Commission, in furtherance of this Ordinance, shall have the following powers and duties: A. To regulate and control the manufacture, sale, possession, distribution and consumption of alcoholic beverages on all Indian Country under the Nation’s jurisdiction. B. To adopt, publish and enforce rules and regulations governing: (a) The appointment of individuals to serve as Chairman and as officers of the Commission including but not limited to a President and a Secretary/Treasurer, and to delegate to such officers those executive, management, and PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 35327 administrative functions it deems appropriate, (b) the manufacture, sale, possession, distribution and consumption of alcoholic beverages on all Indian Country under the Nation’s jurisdiction, and (c) all matters pertaining to the authority conferred upon the Commission by this Ordinance. C. To authorize officers, employees, security personnel, and such other persons as shall be reasonably necessary, to enforce the rules and regulations of this Ordinance and perform its functions. D. To adjudicate all alleged violations of this Ordinance, in accordance with Article 8 of this Ordinance and all other applicable provisions of Nation law. Article 4: License Required No person shall manufacture or sell at wholesale or retail, any alcoholic beverages on Nation reservation lands, or within any Indian Country, under the jurisdiction of the Nation unless such person has been duly licensed by the Commission. Article 5: License Application No license shall be issued under this Ordinance to any person unless such person possesses the qualifications and satisfies the conditions set by the Commission. Any person or persons desiring a license under this Ordinance shall file a sworn application for such license with the Commission. The application shall include, among other things, a full and complete showing of the following: A. Each person who applies for a license to manufacture or sell alcoholic beverages under this Ordinance shall, if such application is approved, be required to pay a license fee in accordance with the most recent license fee schedule published by the Commission. Fees for a license issued pursuant to this Ordinance shall be remitted to the Secretary/Treasurer of the Commission. Such fees shall be deposited by the Commission in the general fund of the Nation. B. Proof satisfactory to the Commission that the applicant is not a member of the Commission and that he or she satisfies each of the licensing requirements established by the Commission. The denial of an application for a license under this Ordinance may be appealed, within thirty (30) days of such denial, by filing a Notice of Appeal with the Authorized Governing Council of the Nation. A copy of such Notice must be concurrently served upon the Commission and the appellant must follow all rules and procedures for E:\FR\FM\02JYN1.SGM 02JYN1 35328 Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices prosecuting the appeal that are established by the Authorized Governing Council of the Nation. The disposition of the appeal by the Authorized Governing Council of the Nation shall be final and nonappealable. Article 6: License; Terms and Conditions A. A license issued by the Commission pursuant to this Ordinance shall be for a term of one (1) year, commencing on the date of issuance. B. No transfer, conveyance or assignment of a license issued by the Commission pursuant to this Ordinance may occur without the prior written consent of the Commission. lotter on DSK11XQN23PROD with NOTICES1 Article 7: Issuance of a License A license shall be issued to the applicant by the Commission only after such applicant’s application has been approved by the Commission. Article 8: Violations; Fines; Seizure; Hearing; Appeal Rights A. Any person who violates this Ordinance or any rule or regulation promulgated pursuant thereto shall be subject to a fine not to exceed $500 per violation as civil damages to defray the Commission’s cost of enforcing this Ordinance. In addition to any fine so imposed, any license or permit issued hereunder may be suspended or revoked by the Commission for the violation of any of the provisions of this Ordinance, or rules or regulations promulgated thereto. B. Beverages containing alcohol that are manufactured, sold, distributed or possessed contrary to the terms of this Ordinance are hereby declared to be contraband. The Commission, on a majority vote, may authorize any officer of the Commission or any other individual it deems to be qualified, to enforce this Article 8. Any individual who is authorized by the Commission to enforce this Article 8 shall have the authority to seize all contraband. All contraband seized shall be preserved in accordance with applicable Nation and State law. Upon being found in violation of this Ordinance by the Commission, the party shall forfeit all right, title and interest in the items seized which shall become the property of the Nation, subject to such party’s hearing and appeal rights, as described herein. C. The Commission shall grant to all persons: (i) A hearing regarding any violations, fines, license suspensions or contraband seizures under this Ordinance, and (ii) all the rights and due process granted by the Indian Civil VerDate Sep<11>2014 17:12 Jul 01, 2021 Jkt 253001 Rights Act, 25 U.S.C. 1302, et seq. Notice of a Commission hearing regarding an alleged violation of this Ordinance shall be given to the affected individual(s) or entity(ies) by certified mail at least ten (10) days in advance of the hearing. The notice will be delivered in person or by certified mail with the Commission retaining proof of service. The notice will set out the rights of the alleged violator, including but not limited to the right to an attorney to represent the alleged violator, the right to speak and to present witnesses and to cross-examine any witnesses against them. D. Any adverse determination made by the Commission may be appealed within thirty (30) days of such determination by the alleged violator by filing a Notice of Appeal with the Authorized Governing Council of the Nation. A copy of such Notice must be concurrently served upon the Commission. The disposition of the appeal by the Authorized Governing Council of the Nation shall be final and non-appealable. Article 9: Severability If a court or other judicial body of competent jurisdiction invalidates any part of this Ordinance, all valid parts that are severable from the invalid part shall remain in effect. If a part of this Ordinance is invalid in one or more of its applications, that part shall remain in effect in all valid applications that are severable from the invalid applications. Article 10: Criminal Jurisdiction This Ordinance does not in any way confer upon the Nation criminal jurisdiction over non-Indians. Article 11: Interpretation A. Sovereign Immunity. By enacting this Ordinance, the Nation does not waive in any respect its sovereign immunity or that of its agents in any manner, under any law, for any purpose, or in any place. B. No Right of Action. This Ordinance does not create any right, cause of action, or benefit enforceable at law or in equity by any person against the Nation, its agencies, or any of its officers or employees, or any other person. C. Not Subject to Modification. This Ordinance is not subject to modification in any state or federal court or by any authority outside the Cayuga Nation of New York. PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 Article 12: Effective Date This Ordinance is effective thirty (30) days after its publication in the Federal Register. Bryan Newland, Principal Deputy Assistant Secretary—Indian Affairs. [FR Doc. 2021–14219 Filed 7–1–21; 8:45 am] BILLING CODE 4337–15–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [212A2100DD/AAKC001030/ A0A501010.999900253G] Indian Gaming; Approval by Operation of Law of Tribal-State Class III Gaming Compact in the State of Indiana Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: This notice publishes the approval by operation law of the compact between the Pokagon Band of Potawatomi Indians (Tribe) and the State of Indiana (State) providing for the conduct of Tribal class III gaming by the Tribe. DATES: The compacts take effect on July 2, 2021. FOR FURTHER INFORMATION CONTACT: Ms. Paula L. Hart, Director, Office of Indian Gaming, Mailstop 3543, 1849 C Street NW, Washington, DC 20240, telephone (202) 219–4066, paula.hart@bia.gov. SUPPLEMENTARY INFORMATION: The Indian Gaming Regulatory Act of 1988, 25 U.S.C. 2701 et seq., (IGRA) provides the Secretary of the Interior (Secretary) with 45 days to review and approve or disapprove a Tribal-State compact governing the conduct of class III gaming activity on the Tribe’s Indian lands. 25 U.S.C. 2710(d)(8). If the Secretary does not approve or disapprove a Tribal-State compact within the 45 days, IGRA provides that the Tribal-State compact is considered to have been approved by the Secretary but only to the extent the compact is consistent with IGRA. 25 U.S.C. 2710(d)(8)(C). The IGRA also requires the Secretary of the Interior to publish in the Federal Register notice of approved Tribal-State compacts for the purpose of engaging in Class III gaming activities on Indian lands. 25 U.S.C. 2710(d)(8(D). The Department’s regulations at 25 CFR 293.4, require all compacts and amendments to be reviewed and approved by the Secretary prior to taking effect. The Secretary took no action on the Compact between the Pokagon Band of Potawatomi Indians SUMMARY: E:\FR\FM\02JYN1.SGM 02JYN1

Agencies

[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
[Notices]
[Pages 35326-35328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14219]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[212A2100DD/AASS003600/A0T902020.999900.253G]


Cayuga Nation of New York; Alcoholic Beverage Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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

SUMMARY: This notice publishes the liquor control ordinance of the 
Cayuga Nation of New York. The liquor control statute regulates and 
controls the possession, sale, manufacture, and distribution of alcohol 
in conformity with the laws of the State of New York.

DATES: This Ordinance is effective on August 2, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Rebecca J. Smith, Tribal Relations 
Specialist, Eastern Regional Office, Bureau of Indian Affairs, 545 
Marriott Drive, Suite 700, Nashville, Tennessee 37214, Telephone: (615) 
564-6711, Fax: (615) 564-6701; or Ms. Laurel Iron Cloud, Chief, 
Division of Tribal

[[Page 35327]]

Government Services, Office of Indian Services, Bureau of Indian 
Affairs, 1849 C Street NW, MS-4513-MIB, Washington, DC 20240, 
Telephone: (202) 513-7641.

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 control ordinances for the purpose of regulating 
liquor transactions in Indian country. The Tribal Council of the Cayuga 
Nation of New York duly adopted the Cayuga Nation Alcoholic Beverage 
Control Ordinance on August 2, 2016, and subsequently amended it by 
resolution on December 5, 2017.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs (Department of the Interior Departmental Manual, 209 DM 8). I 
certify that the Tribal Council of the Cayuga Nation of New York duly 
adopted the Cayuga Nation Alcoholic Beverage Control Ordinance on 
August 2, 2016, and subsequently amended it by resolution on December 
5, 2017 to clarify language.
    The Cayuga Nation Alcoholic Beverage Control Ordinance reads as 
follows:

Cayuga Nation of New York

Alcoholic Beverage Control Ordinance

December 5, 2017

Article-1 Introduction, Manufacture, Sale, Distribution and Possession

    The manufacture, introduction, sale, distribution or possession of 
alcoholic beverages within Indian country as that term is defined in 18 
U.S.C. 1151 under the jurisdiction of the Cayuga Nation of New York 
(the ``Nation'') shall be lawful, provided that such manufacture, 
introduction, sale, distribution or possession is in compliance with 
the laws, regulations and ordinances of the Nation, which, in 
accordance with 18 U.S.C. 1161, shall at all times conform with the 
laws, regulations and ordinances of the State of New York and of the 
United States. Without limiting the generality of the foregoing in any 
way, the possession of alcoholic beverages by, or the sale or 
distribution of alcoholic beverages to anyone, under the age of twenty-
one (21) is expressly prohibited.

Article 2-Alcoholic Beverage Control Commission

    A. The Cayuga Nation Alcoholic Beverage Control Commission (the 
``Commission'') is hereby established by this Ordinance. The Commission 
shall be the sole Nation regulatory body with jurisdiction over, and 
shall possess the authority to control, the manufacture, possession, 
sale, distribution and consumption of alcoholic beverages within Indian 
country under the Nation's jurisdiction.
    B. The Commission shall consist of at least three (3) but not more 
than five (5) members each of whom shall be appointed by the federally-
recognized Council of the Cayuga Nation (hereinafter referred to as the 
``Authorized Governing Council of the Nation'') which shall also have 
the power to appoint a Chairman of the Commission. Any individual 
twenty-one (21) years of age or older shall be eligible to serve on the 
Commission regardless of whether he or she is a citizen of the Nation, 
provided the Authorized Governing Council of the Nation determines 
that: (i) There would be no apparent conflict of interest created by 
the individual's appointment, and (ii) a background investigation of 
the individual has been performed and the results of that investigation 
are deemed satisfactory. Further, a majority of the members of the 
Commission shall, at all times, consist of individuals who are not 
members of the Authorized Governing Council of the Nation.
    C. The term of office for each member of the Commission shall be 
two (2) years. A member of the Commission may serve more than one term 
on the Commission. Nevertheless, a Commission member may be removed, 
for cause, by the Authorized Governing Council of the Nation prior to 
the expiration of his or her term.

Article 3: Commission Powers and Duties

    The Commission, in furtherance of this Ordinance, shall have the 
following powers and duties:
    A. To regulate and control the manufacture, sale, possession, 
distribution and consumption of alcoholic beverages on all Indian 
Country under the Nation's jurisdiction.
    B. To adopt, publish and enforce rules and regulations governing: 
(a) The appointment of individuals to serve as Chairman and as officers 
of the Commission including but not limited to a President and a 
Secretary/Treasurer, and to delegate to such officers those executive, 
management, and administrative functions it deems appropriate, (b) the 
manufacture, sale, possession, distribution and consumption of 
alcoholic beverages on all Indian Country under the Nation's 
jurisdiction, and (c) all matters pertaining to the authority conferred 
upon the Commission by this Ordinance.
    C. To authorize officers, employees, security personnel, and such 
other persons as shall be reasonably necessary, to enforce the rules 
and regulations of this Ordinance and perform its functions.
    D. To adjudicate all alleged violations of this Ordinance, in 
accordance with Article 8 of this Ordinance and all other applicable 
provisions of Nation law.

Article 4: License Required

    No person shall manufacture or sell at wholesale or retail, any 
alcoholic beverages on Nation reservation lands, or within any Indian 
Country, under the jurisdiction of the Nation unless such person has 
been duly licensed by the Commission.

Article 5: License Application

    No license shall be issued under this Ordinance to any person 
unless such person possesses the qualifications and satisfies the 
conditions set by the Commission. Any person or persons desiring a 
license under this Ordinance shall file a sworn application for such 
license with the Commission. The application shall include, among other 
things, a full and complete showing of the following:
    A. Each person who applies for a license to manufacture or sell 
alcoholic beverages under this Ordinance shall, if such application is 
approved, be required to pay a license fee in accordance with the most 
recent license fee schedule published by the Commission. Fees for a 
license issued pursuant to this Ordinance shall be remitted to the 
Secretary/Treasurer of the Commission. Such fees shall be deposited by 
the Commission in the general fund of the Nation.
    B. Proof satisfactory to the Commission that the applicant is not a 
member of the Commission and that he or she satisfies each of the 
licensing requirements established by the Commission.
    The denial of an application for a license under this Ordinance may 
be appealed, within thirty (30) days of such denial, by filing a Notice 
of Appeal with the Authorized Governing Council of the Nation. A copy 
of such Notice must be concurrently served upon the Commission and the 
appellant must follow all rules and procedures for

[[Page 35328]]

prosecuting the appeal that are established by the Authorized Governing 
Council of the Nation. The disposition of the appeal by the Authorized 
Governing Council of the Nation shall be final and non-appealable.

Article 6: License; Terms and Conditions

    A. A license issued by the Commission pursuant to this Ordinance 
shall be for a term of one (1) year, commencing on the date of 
issuance.
    B. No transfer, conveyance or assignment of a license issued by the 
Commission pursuant to this Ordinance may occur without the prior 
written consent of the Commission.

Article 7: Issuance of a License

    A license shall be issued to the applicant by the Commission only 
after such applicant's application has been approved by the Commission.

Article 8: Violations; Fines; Seizure; Hearing; Appeal Rights

    A. Any person who violates this Ordinance or any rule or regulation 
promulgated pursuant thereto shall be subject to a fine not to exceed 
$500 per violation as civil damages to defray the Commission's cost of 
enforcing this Ordinance. In addition to any fine so imposed, any 
license or permit issued hereunder may be suspended or revoked by the 
Commission for the violation of any of the provisions of this 
Ordinance, or rules or regulations promulgated thereto.
    B. Beverages containing alcohol that are manufactured, sold, 
distributed or possessed contrary to the terms of this Ordinance are 
hereby declared to be contraband. The Commission, on a majority vote, 
may authorize any officer of the Commission or any other individual it 
deems to be qualified, to enforce this Article 8. Any individual who is 
authorized by the Commission to enforce this Article 8 shall have the 
authority to seize all contraband. All contraband seized shall be 
preserved in accordance with applicable Nation and State law. Upon 
being found in violation of this Ordinance by the Commission, the party 
shall forfeit all right, title and interest in the items seized which 
shall become the property of the Nation, subject to such party's 
hearing and appeal rights, as described herein.
    C. The Commission shall grant to all persons: (i) A hearing 
regarding any violations, fines, license suspensions or contraband 
seizures under this Ordinance, and (ii) all the rights and due process 
granted by the Indian Civil Rights Act, 25 U.S.C. 1302, et seq. Notice 
of a Commission hearing regarding an alleged violation of this 
Ordinance shall be given to the affected individual(s) or entity(ies) 
by certified mail at least ten (10) days in advance of the hearing. The 
notice will be delivered in person or by certified mail with the 
Commission retaining proof of service. The notice will set out the 
rights of the alleged violator, including but not limited to the right 
to an attorney to represent the alleged violator, the right to speak 
and to present witnesses and to cross-examine any witnesses against 
them.
    D. Any adverse determination made by the Commission may be appealed 
within thirty (30) days of such determination by the alleged violator 
by filing a Notice of Appeal with the Authorized Governing Council of 
the Nation. A copy of such Notice must be concurrently served upon the 
Commission. The disposition of the appeal by the Authorized Governing 
Council of the Nation shall be final and non-appealable.

Article 9: Severability

    If a court or other judicial body of competent jurisdiction 
invalidates any part of this Ordinance, all valid parts that are 
severable from the invalid part shall remain in effect. If a part of 
this Ordinance is invalid in one or more of its applications, that part 
shall remain in effect in all valid applications that are severable 
from the invalid applications.

Article 10: Criminal Jurisdiction

    This Ordinance does not in any way confer upon the Nation criminal 
jurisdiction over non-Indians.

Article 11: Interpretation

    A. Sovereign Immunity. By enacting this Ordinance, the Nation does 
not waive in any respect its sovereign immunity or that of its agents 
in any manner, under any law, for any purpose, or in any place.
    B. No Right of Action. This Ordinance does not create any right, 
cause of action, or benefit enforceable at law or in equity by any 
person against the Nation, its agencies, or any of its officers or 
employees, or any other person.
    C. Not Subject to Modification. This Ordinance is not subject to 
modification in any state or federal court or by any authority outside 
the Cayuga Nation of New York.

Article 12: Effective Date

    This Ordinance is effective thirty (30) days after its publication 
in the Federal Register.

Bryan Newland,
Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 2021-14219 Filed 7-1-21; 8:45 am]
BILLING CODE 4337-15-P