San Pasqual Band of Mission Indians; Amended Tribal Liquor Control Ordinance, 7493-7494 [2022-02696]
Download as PDF
<![CDATA[
Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices
covered by the CCA/CCAA and permit.
In addition, the amendments are not
expected to result in impacts beyond
those identified in the original EA.
The proposed CCA/CCAA
amendments are not expected to
significantly affect industry or ranching
activities but would help support these
activities by streamlining ESA
compliance, while continuing
conservation efforts for the LPC and
DSL. These amendments are expected to
trigger no new environmental
consequences; no new impacts to local
economies or cultural resources; and no
changes to direct, indirect, and
cumulative effects. The amendments
would not authorize any additional
activities or incidental take. The same
types and quantities of activities
previously described in the original EA
are expected to occur with the proposed
amendments.
Next Steps
Public Availability of Comments
lotter on DSK11XQN23PROD with NOTICES1
We provide this notice under the
authority of section 10(c) of the ESA and
its implementing regulations (50 CFR
17.22 and 17.32) and NEPA (42 U.S.C.
4371 et seq.) and its implementing
regulations (40 CFR 1506.6).
All comments we receive become part
of the public record associated with this
action. Requests for copies of comments
will be handled in accordance with the
Freedom of Information Act, NEPA, and
Service and Department of the Interior
policies and procedures. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us to withhold your
personal identifying information from
public review, we cannot guarantee that
we will be able to do so. All
submissions from organizations or
businesses, and from individuals
identifying themselves as
representatives or officials of
organizations or businesses, will be
made available for public disclosure in
their entirety.
17:29 Feb 08, 2022
Jkt 256001
Liquor Control Ordinance on October 1,
2020.
Bryan Newland,
Assistant Secretary—Indian Affairs.
San Pasqual Band of Mission Indians’
amended Tribal Liquor Control
Ordinance shall read as follows:
Amy Lueders,
Regional Director, Southwest Region, U.S.
Fish and Wildlife Service.
SAN PASQUAL BAND OF MISSION
INDIANS
[FR Doc. 2022–02878 Filed 2–8–22; 8:45 am]
AMENDED TRIBAL LIQUOR
CONTROL ORDINANCE
BILLING CODE 4333–15–P
San Pasqual Band of Mission Indians
DEPARTMENT OF THE INTERIOR
Amended Tribal Liquor Control
Ordinance
Bureau of Indian Affairs
I. Sale and Consumption of Alcoholic
Beverages
[223A2100DD/AAKC001030/
A0A501010.999900]
San Pasqual Band of Mission Indians;
Amended Tribal Liquor Control
Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
We will evaluate the draft
amendments, draft EA, and comments
we receive during the comment period
to determine whether the proposed
amendment meets the requirements of
ESA, NEPA, and implementing
regulations. If we determine that all
requirements are met, we will approve
the proposed amendment to the CCA/
CCAA. We will not make our final
decision until after the 30-day comment
period ends and we have fully
considered all comments received
during the public comment period.
VerDate Sep<11>2014
Authority
7493
This notice publishes the
amended Liquor Control Ordinance of
San Pasqual Band of Mission Indians.
The San Pasqual Band of Mission
Indians amended Liquor Control
Ordinance regulates and controls the
possession, sale, manufacture, and
distribution of alcohol in conformity
with the laws of the State of California.
DATES: This ordinance shall become
effective March 11, 2022.
FOR FURTHER INFORMATION CONTACT: Mr.
Felix Kitto, Deputy Regional Director,
Indian Services, Pacific Regional Office,
Bureau of Indian Affairs, 2800 Cottage
Way, Room W–2820, Sacramento,
California 95825, Telephone (916) 978–
6000, Fax: (916) 978–6099.
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 San Pasqual Band of Mission
Indians adopted the amended Tribal
Liquor Control Ordinance on October 1,
2020.
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 General Council of the
San Pasqual Band of Mission Indians
duly adopted the amended Tribal
SUMMARY:
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
The General Council of the San
Pasqual Band of Mission Indians
(hereinafter ‘‘General Council’’),
governing body of the San Pasqual Band
(hereinafter ‘‘Tribe’’), hereby enacts this
Ordinance to govern the sale and
consumption of alcoholic beverages on
Reservation and other tribal trust lands.
II. Preamble
1. Title 18, United States Code,
Section 1161, provides Indian tribes
with authority to enact ordinances
governing the consumption and sale of
alcoholic beverages on their
Reservations, provided such ordinance
is certified by the Secretary of the
Interior, published in the Federal
Register and such activities are in
conformity with state law.
2. Pursuant to Article IV, Section 1
and Article VIII, Section 1(d) of the
Constitution and By-Laws of the San
Pasqual Band, the General Council is
the governing body of the Tribe, with
the power to enact ordinances to
promote the general welfare and
economic advancement of the Tribe and
its members and has the powers and
responsibilities to establish rules or
procedures for the conduct of its affairs.
3. The Tribe is the owner and operator
of a gaming facility located on the
Reservation known as the Valley View
Casino & Hotel (hereinafter ‘‘Casino’’), at
which Class II and Class III Gaming is
conducted pursuant to the Tribe’s
Gaming Ordinance and a Compact
executed with the State of California in
August 2018, ratified by the California
Legislature, which Compact was
deemed to have been approved by
operation of law on December 13, 2018,
and published in the Federal Register
on December 27, 2018.
4. The Casino, located on trust land,
is an integral and indispensable part of
the Tribe’s economy, and is intended to
provide income to the Tribe and
E:\FR\FM\09FEN1.SGM
09FEN1
7494
Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices
lotter on DSK11XQN23PROD with NOTICES1
training and employment to its
members.
5. The General Council has
determined that it is in the best interest
of the Tribe to offer alcoholic beverages
for sale and consumption in the Casino.
6. The Tribe has leased a nine-acre
parcel of tribal trust land to a triballyowned enterprise for the purpose of
developing and operating, among other
things, a convenience store.
7. The General Council has
determined that it is in the best interest
of the Tribe to allow the sale of
alcoholic beverages at the convenience
store for off-premises consumption.
8. It is the purpose of this Ordinance
to set out the terms and conditions
under which the sale and consumption
of said alcoholic beverages may take
place.
III. General Terms
1. The sale and consumption of
alcoholic beverages within the Casino,
for on-premises consumption only, is
hereby authorized.
2. For the purpose of this Ordinance,
the term Casino shall mean the Valley
View Casino & Hotel, as currently
existing or as expanded in the future, or
any other casino facility owned by the
Tribe and located on the San Pasqual
Indian Reservation.
3. The sale of alcoholic beverages at
the convenience store, for off-premises
consumption only, is hereby authorized.
4. For the purposes of this Ordinance,
the term ‘‘convenience store’’ shall
mean the convenience store located on
an approximately nine-acre parcel of
tribal trust land at the intersection of
Lake Wohlford and Valley Center Roads
leased by the Tribe to the San Pasqual
Economic Development Corporation.
5. The sale of said alcoholic beverages
authorized by this Ordinance shall be
subject to federal excise tax and any fees
required by the Federal Bureau of
Alcohol, Tobacco & Firearms, and in
conformity with all applicable laws of
the State of California and applicable
federal laws. This includes but is not
limited to the following:
a. No person under the age of 21 years
shall consume, acquire or have in his or
her possession any alcoholic beverage.
b. No person shall sell any alcoholic
beverages to any person under the age
of 21.
c. No person shall sell alcoholic
beverages to a person apparently under
the influence of alcohol.
6. Where there may be a question of
a person’s right to purchase liquor by
reason of his or her age, such person
shall be required to present anyone of
the following types of identification
which shows his or her correct age and
VerDate Sep<11>2014
17:29 Feb 08, 2022
Jkt 256001
bears his or her signature and
photograph: (1) Driver’s license or
identification card issued by any state
Department of Motor Vehicles; (2)
United States Active-Duty Military card;
or (3) passport.
7. All liquor sales authorized under
this Ordinance 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 or debit
cards.
This Ordinance shall be
conspicuously posted within the Casino
and the convenience store at all times
they are open to the public.
V. Enforcement
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[18X LLWO600000.L18200000.XP0000]
VI. Severability
If any provision or application of this
Ordinance is determined by review to
be invalid, such adjudication shall not
be held to render ineffectual the
remaining portions of this title or to
render such provisions inapplicable to
other persons or circumstances.
VII. Amendment
This Ordinance may only be amended
by a majority vote of the General
Council.
VIII. Sovereign Immunity
Nothing in this Ordinance in any way
limits, alters, restricts or waives the
Tribe’s sovereign immunity from
unconsented suit or action.
IX. Effective Date
This Ordinance shall become effective
following its adoption by the General
Fmt 4703
Bureau of Land Management,
Interior.
ACTION: Notice of call for nominations.
AGENCY:
The purpose of this notice is
to request public nominations for the
Bureau of Land Management’s (BLM)
Bears Ears and Grand StaircaseEscalante National Monument Advisory
Committees (MACs). The MACs provide
advice and recommendations to the
BLM on the development and
implementation of management plans in
accordance with the statutes under
which the monuments were established.
DATES: All nominations must be
received no later than March 11, 2022.
ADDRESSES: Applications for the Bears
Ears MAC should be sent to Rachel
Wootton, BLM Canyon Country District
Office, 82 Dogwood Ave., Moab, UT
84532; email: rwootton@blm.gov, Phone:
(385) 235–4364.
Applications for the Grand StaircaseEscalante MAC should be sent to David
Hercher, BLM Paria River District
Office, 669 South Highway 89A, Kanab,
UT 84741; email: dhercher@blm.gov,
Phone: (435) 644–1209.
FOR FURTHER INFORMATION CONTACT:
Melissa Schnee, Public Affairs
Specialist, 440 West 200 South, Suite
500, Salt Lake City, UT 84101; email:
mschnee@blm.gov; phone: (801) 539–
4089. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service (FRS) at (800) 877–8339 to
contact the BLM during normal business
hours. The FRS is available 24 hours a
day, 7 days a week, to leave a message
or question. Replies are provided during
normal business hours.
SUPPLEMENTARY INFORMATION: The
Federal Land Policy and Management
Act (FLPMA) directs the Secretary of the
Interior to involve the public in
planning and in addressing issues
related to management of lands
administered by the BLM through the
establishment of 10- to 15-member
citizen-based advisory councils that are
SUMMARY:
a. The San Pasqual Gaming
Commission may enforce this
Ordinance as against the Casino by
implementation of monetary fines not to
exceed $500 per violation. Prior to any
enforcement action, the Gaming
Commission shall provide the alleged
offender of this Ordinance with at least
three (3) days notice of an opportunity
to be heard during a specially called
meeting. The decision of the Gaming
Commission shall be final.
b. The San Pasqual Business
Committee may enforce this Ordinance
as against the convenience store by
implementation of monetary fines not to
exceed $500 per violation. Prior to any
enforcement action, the Business
Committee shall provide the alleged
offender of this Ordinance with at least
three (3) days notice of an opportunity
to be heard during a specially called
meeting. The decision of the Business
Committee shall be final.
Frm 00073
[FR Doc. 2022–02696 Filed 2–8–22; 8:45 am]
National Call for Nominations for SiteSpecific Advisory Committees
IV. Posting
PO 00000
Council, certification by the Secretary of
the Interior and publication in the
Federal Register.
Sfmt 4703
E:\FR\FM\09FEN1.SGM
09FEN1
]]>Agencies
[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Notices]
[Pages 7493-7494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02696]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[223A2100DD/AAKC001030/A0A501010.999900]
San Pasqual Band of Mission Indians; Amended Tribal Liquor
Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the amended Liquor Control Ordinance of
San Pasqual Band of Mission Indians. The San Pasqual Band of Mission
Indians amended Liquor Control Ordinance regulates and controls the
possession, sale, manufacture, and distribution of alcohol in
conformity with the laws of the State of California.
DATES: This ordinance shall become effective March 11, 2022.
FOR FURTHER INFORMATION CONTACT: Mr. Felix Kitto, Deputy Regional
Director, Indian Services, Pacific Regional Office, Bureau of Indian
Affairs, 2800 Cottage Way, Room W-2820, Sacramento, California 95825,
Telephone (916) 978-6000, Fax: (916) 978-6099.
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 San Pasqual Band of Mission
Indians adopted the amended Tribal Liquor Control Ordinance on October
1, 2020.
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 General Council of the San Pasqual Band of
Mission Indians duly adopted the amended Tribal Liquor Control
Ordinance on October 1, 2020.
Bryan Newland,
Assistant Secretary--Indian Affairs.
San Pasqual Band of Mission Indians' amended Tribal Liquor Control
Ordinance shall read as follows:
SAN PASQUAL BAND OF MISSION INDIANS
AMENDED TRIBAL LIQUOR CONTROL ORDINANCE
San Pasqual Band of Mission Indians
Amended Tribal Liquor Control Ordinance
I. Sale and Consumption of Alcoholic Beverages
The General Council of the San Pasqual Band of Mission Indians
(hereinafter ``General Council''), governing body of the San Pasqual
Band (hereinafter ``Tribe''), hereby enacts this Ordinance to govern
the sale and consumption of alcoholic beverages on Reservation and
other tribal trust lands.
II. Preamble
1. Title 18, United States Code, Section 1161, provides Indian
tribes with authority to enact ordinances governing the consumption and
sale of alcoholic beverages on their Reservations, provided such
ordinance is certified by the Secretary of the Interior, published in
the Federal Register and such activities are in conformity with state
law.
2. Pursuant to Article IV, Section 1 and Article VIII, Section 1(d)
of the Constitution and By-Laws of the San Pasqual Band, the General
Council is the governing body of the Tribe, with the power to enact
ordinances to promote the general welfare and economic advancement of
the Tribe and its members and has the powers and responsibilities to
establish rules or procedures for the conduct of its affairs.
3. The Tribe is the owner and operator of a gaming facility located
on the Reservation known as the Valley View Casino & Hotel (hereinafter
``Casino''), at which Class II and Class III Gaming is conducted
pursuant to the Tribe's Gaming Ordinance and a Compact executed with
the State of California in August 2018, ratified by the California
Legislature, which Compact was deemed to have been approved by
operation of law on December 13, 2018, and published in the Federal
Register on December 27, 2018.
4. The Casino, located on trust land, is an integral and
indispensable part of the Tribe's economy, and is intended to provide
income to the Tribe and
[[Page 7494]]
training and employment to its members.
5. The General Council has determined that it is in the best
interest of the Tribe to offer alcoholic beverages for sale and
consumption in the Casino.
6. The Tribe has leased a nine-acre parcel of tribal trust land to
a tribally-owned enterprise for the purpose of developing and
operating, among other things, a convenience store.
7. The General Council has determined that it is in the best
interest of the Tribe to allow the sale of alcoholic beverages at the
convenience store for off-premises consumption.
8. It is the purpose of this Ordinance to set out the terms and
conditions under which the sale and consumption of said alcoholic
beverages may take place.
III. General Terms
1. The sale and consumption of alcoholic beverages within the
Casino, for on-premises consumption only, is hereby authorized.
2. For the purpose of this Ordinance, the term Casino shall mean
the Valley View Casino & Hotel, as currently existing or as expanded in
the future, or any other casino facility owned by the Tribe and located
on the San Pasqual Indian Reservation.
3. The sale of alcoholic beverages at the convenience store, for
off-premises consumption only, is hereby authorized.
4. For the purposes of this Ordinance, the term ``convenience
store'' shall mean the convenience store located on an approximately
nine-acre parcel of tribal trust land at the intersection of Lake
Wohlford and Valley Center Roads leased by the Tribe to the San Pasqual
Economic Development Corporation.
5. The sale of said alcoholic beverages authorized by this
Ordinance shall be subject to federal excise tax and any fees required
by the Federal Bureau of Alcohol, Tobacco & Firearms, and in conformity
with all applicable laws of the State of California and applicable
federal laws. This includes but is not limited to the following:
a. No person under the age of 21 years shall consume, acquire or
have in his or her possession any alcoholic beverage.
b. No person shall sell any alcoholic beverages to any person under
the age of 21.
c. No person shall sell alcoholic beverages to a person apparently
under the influence of alcohol.
6. Where there may be a question of a person's right to purchase
liquor by reason of his or her age, such person shall be required to
present anyone of the following types of identification which shows his
or her correct age and bears his or her signature and photograph: (1)
Driver's license or identification card issued by any state Department
of Motor Vehicles; (2) United States Active-Duty Military card; or (3)
passport.
7. All liquor sales authorized under this Ordinance 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 or debit cards.
IV. Posting
This Ordinance shall be conspicuously posted within the Casino and
the convenience store at all times they are open to the public.
V. Enforcement
a. The San Pasqual Gaming Commission may enforce this Ordinance as
against the Casino by implementation of monetary fines not to exceed
$500 per violation. Prior to any enforcement action, the Gaming
Commission shall provide the alleged offender of this Ordinance with at
least three (3) days notice of an opportunity to be heard during a
specially called meeting. The decision of the Gaming Commission shall
be final.
b. The San Pasqual Business Committee may enforce this Ordinance as
against the convenience store by implementation of monetary fines not
to exceed $500 per violation. Prior to any enforcement action, the
Business Committee shall provide the alleged offender of this Ordinance
with at least three (3) days notice of an opportunity to be heard
during a specially called meeting. The decision of the Business
Committee shall be final.
VI. Severability
If any provision or application of this Ordinance is determined by
review to be invalid, such adjudication shall not be held to render
ineffectual the remaining portions of this title or to render such
provisions inapplicable to other persons or circumstances.
VII. Amendment
This Ordinance may only be amended by a majority vote of the
General Council.
VIII. Sovereign Immunity
Nothing in this Ordinance in any way limits, alters, restricts or
waives the Tribe's sovereign immunity from unconsented suit or action.
IX. Effective Date
This Ordinance shall become effective following its adoption by the
General Council, certification by the Secretary of the Interior and
publication in the Federal Register.
[FR Doc. 2022-02696 Filed 2-8-22; 8:45 am]
BILLING CODE 4337-15-P
