Prairie Island Indian Community; Amendments to Liquor Control Ordinance, 90730-90733 [2024-26812]
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90730
Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Notices
TABLE 8—PERMITS ISSUED BY REGION 8—Continued
[California, Nevada, and the Klamath Basin Portion of Oregon]
Permit No.
Permit type
Permittee
PER2452406 ....................
PER2434485 ....................
PER2426711 ....................
PER0046272 ....................
PER0057269 ....................
PER1628413 ....................
PER2371117 ....................
PER0050226 ....................
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PER1383320 ....................
PER2344367 ....................
PER0057547 ....................
PER0121458 ....................
PER0211375 ....................
PER2385795 ....................
PER0046425 ....................
PER2481657 ....................
PER2452942 ....................
PER2101274 ....................
PER2478054 ....................
PER1171011 ....................
PER2380360 ....................
PER2381586 ....................
PER2421919 ....................
PER0057558 ....................
PER0057583 ....................
PER2372350 ....................
PER0048094 ....................
PER2805325 ....................
069171 ..............................
PER0268927 ....................
17874C .............................
PER2965862 ....................
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SHA ........................
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Eli Rose ............................................................................................................
David Wolff .......................................................................................................
Bonnie Peterson ..............................................................................................
Mesa Biological, LLC .......................................................................................
Natalie Reeder .................................................................................................
Mario E. Gaytan ...............................................................................................
Lora Roame .....................................................................................................
ECORP Consulting, Inc ...................................................................................
Dalton Stanfield ................................................................................................
John Howard ....................................................................................................
Allison Rudalevige ...........................................................................................
Taylor Dee .......................................................................................................
Thea Wang ......................................................................................................
Markus Spiegelberg .........................................................................................
John Dicus .......................................................................................................
Conservation Society of California ..................................................................
Jonathan Aguayo .............................................................................................
Shelley M. Jaramillo .........................................................................................
Donald W. Hardeman Jr ..................................................................................
Britney A. Schultz ............................................................................................
Peter Y. Drobny ...............................................................................................
Mantech SRS Technologies, Inc .....................................................................
Jennifer Sexton ................................................................................................
Bureau of Land Management—Mother Lode Field Office ...............................
Paul Morrissey .................................................................................................
LSA Associates, Inc .........................................................................................
David Faulkner .................................................................................................
Sarah J. Yates .................................................................................................
National Park Service Yosemite National Park ...............................................
Patrick Kong .....................................................................................................
Cynthia Hartley ................................................................................................
McCormick Biological, Inc ................................................................................
Steven Lee .......................................................................................................
Sequoia Park Zoo—City of Eureka .................................................................
California Department of Fish and Wildlife ......................................................
National Park Service, Santa Monica Mountains National Recreation Area ..
Craig Blencowe ................................................................................................
Las Vegas Valley Water District ......................................................................
USFWS—Carlsbad Fish and Wildlife Office ....................................................
Availability of Documents
DEPARTMENT OF THE INTERIOR
You may request copies of original
application materials, along with public
comments we received, from the offices
that issued the permits (see contact
information for appropriate regions,
above). Documents and other
information submitted with the
applications are available for review
subject to the requirements of the
Privacy Act (5 U.S.C. 552a) and
Freedom of Information Act (5 U.S.C.
552), by any party who submits a
written request for a copy of such
documents.
Bureau of Indian Affairs
lotter on DSK11XQN23PROD with NOTICES1
Authority
We provide this notice under the
authority of section 10 of the ESA (16
U.S.C. 1531 et seq.).
Ya-Wei Li,
Assistant Director for Ecological Services.
[FR Doc. 2024–26782 Filed 11–15–24; 8:45 am]
BILLING CODE 4333–15–P
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Prairie Island Indian Community;
Amendments to Liquor Control
Ordinance
AGENCY:
Bureau of Indian Affairs,
Interior.
Notice.
ACTION:
This notice publishes
amendments to the Prairie Island Indian
Community’s Liquor Control Ordinance.
This Ordinance amends and supersedes
the existing Prairie Island Mdewakanton
Dakota Community Liquor Control
Ordinance, adopted on July 10, 1992, by
Resolution Number 92–84; and
amended on October 14, 1992, by
Resolution Number 92–118.
DATES: This ordinance shall become
effective December 18, 2024.
SUMMARY:
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Date issued
8/29/2023
8/30/2023
8/30/2023
8/30/2023
8/30/2023
8/30/2023
8/30/2023
9/5/2023
9/5/2023
9/6/2023
9/6/2023
9/6/2023
9/6/2023
9/6/2023
9/6/2023
9/6/2023
9/6/2023
9/6/2023
9/6/2023
9/6/2023
9/6/2023
9/7/2023
9/7/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/25/2023
9/27/2023
9/27/2023
10/31/2023
11/7/2023
12/11/2023
1/17/2023
3/30/2023
6/30/2023
FOR FURTHER INFORMATION CONTACT:
Sherrel LaPointe, Tribal Operations
Officer, Midwest Regional Office,
Bureau of Indian Affairs, 5600 American
Boulevard West, Suite 500,
Bloomington, Minnesota 55437,
Telephone: (612) 725–4500, Fax: (612)
713–4401.
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.
On August 9, 2023, the Prairie Island
Indian Community Council adopted the
amendments to the Community’s Liquor
Control Ordinance by Resolution
Numbers 23–8–9–150. This Federal
Register Notice comprehensively
amends and supersedes the existing
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Notices
Prairie Island Indian Community Liquor
Control Ordinance which was published
in the Federal Register on December 1,
1992 (57 FR 56960).
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 Prairie Island Indian
Community Tribal Council duly
adopted these amendments to the
Prairie Island Indian Community Liquor
Control Ordinance on August 9, 2023.
Bryan Newland,
Assistant Secretary–Indian Affairs.
The Prairie Island Indian
Community’s Liquor Control Ordinance,
as amended, shall read as follows:
lotter on DSK11XQN23PROD with NOTICES1
Prairie Island Indian Community
Liquor Control Ordinance
Section 1. Short Title. This Ordinance
shall be known and may be cited as the
Prairie Island Indian Community Liquor
Control Ordinance.
Section 2. Statement of Purpose,
Findings, and Authority.
a. Purpose. It is the Community’s
policy to ensure that any transaction,
importation, sale, or consumption
involving an alcoholic beverage, while
within the Tribe’s jurisdiction, shall
occur in strict compliance with this
Ordinance, the laws of the United States
and the State of Minnesota.
b. Findings. [reserved].
c. Authority. This Ordinance is an
exercise of the inherent sovereignty of
the Community and shall be deemed an
exercise of the Community Council’s
power to protect the welfare, health,
peace, morals, and safety of the people
of the Community.
Section 3. Definitions.
a. ‘‘Community’’ means the Prairie
Island Indian Community in the State of
Minnesota, a federally recognized
Indian Tribe.
b. ‘‘Community Council’’ means the
constitutionally authorized governing
body of the Community.
c. ‘‘Alcoholic beverage’’ means any
intoxicating liquor, low point beer, or
any wine, as defined under the
provisions of this Ordinance.
d. ‘‘Application’’ means a formal
written request for the issuance of a
license supported by a verified
statement of facts.
e. ‘‘Community’’ means the Prairie
Island Indian Community in the State of
Minnesota, a federally recognized
Indian Tribe.
f. ‘‘Community Council’’ means the
constitutionally authorized governing
body of the Community.
g. ‘‘Establishment’’ means any liquor
store or any on- or off-sale dealer.
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h. ‘‘High point beer’’ means any beer
having an alcoholic content in excess of
three and two-tenths per centum (3.2%)
of weight.
i. ‘‘Intoxicating liquor’’ means any
liquid either commonly used, or
reasonably adapted to use, for beverages
purposes containing in excess of three
and two-tenths per centum (3.2%) of
alcohol by weight. This shall include
any type of wine, regardless of alcoholic
content.
j. ‘‘Legal age’’ means the age
requirements as defined in Section 16.
k. ‘‘Liquor store’’ means any store,
established by the Community or
licensed individual or entity, for the
sale of alcoholic beverages.
l. ‘‘Low point beer’’ means any liquid
either commonly used, or reasonably
adapted to use, for beverage purposes,
and which is produced wholly or in part
from brewing of any grain or grains,
malt substitute, and which contains any
alcohol whatsoever, but no more than
three and two-tenths per centum (3.2%)
of alcohol by weight.
m. ‘‘Off-sale’’ means the sale of any
alcoholic beverages for consumption off
the premises where sold.
n. ‘‘On-sale dealer’’ means the
Community or licensed individual or
entity that sells, or keeps for sale any
alcoholic beverage authorized under
this Ordinance for consumption on the
premises where sold.
o. ‘‘On-sale’’ means the sale of any
alcoholic beverage for consumption
only upon the premises where sold.
p. ‘‘Reservation’’ means all territory
subject to the Community’s jurisdiction.
q. ‘‘Sale’’ means the transfer of any
bagged, bottled, boxed, canned or
kegged alcoholic beverage, or the
serving of any contents of any bagged,
bottled, boxed, canned or kegged
alcoholic beverage for a consideration of
currency exchange.
r. ‘‘Transaction’’ means any transfer of
any bagged, bottled, boxed, canned, or
kegged alcoholic beverage, or the
transfer of any contents of any bagged,
bottled, boxed, canned or kegged
alcoholic beverage from any liquor
store, on-sale dealer or vendor to any
person.
s. ‘‘Vendor’’ means any person
employed or under the supervision by
and of a liquor store or on-sale dealer
who conducts sales or transactions
involving alcoholic beverages.
t. ‘‘Wine’’ means any beverage
containing alcohol obtained by the
fermentation of the natural sugar
contents of fruits or other agricultural
products, and containing not more than
seventeen percent (17%) of alcohol by
weight, including sweet wines, fortified
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90731
with wine spirits, such as port, sherry,
muscatel, and angelica.
Section 4. Applicability. [reserved]
Section 5. General Prohibition. It shall
be unlawful to manufacture for sale,
sell, offer, or keep for sale, possess,
transport or conduct any transaction
involving any alcoholic beverage except
in compliance with the terms,
conditions, limitations, and restrictions
specified in this Ordinance.
Section 6. Community Control of
Alcoholic Beverages. The Council shall
have the sole and exclusive right to
authorize the importation of alcoholic
beverages for sale or for the purpose of
conducting transactions therewith, and
no person or organization shall so
import any such alcoholic beverage into
the Reservation unless authorized by the
Council.
Section 7. Community Liquor Store.
The Council may establish and maintain
anywhere on the Reservation that the
Council may deem advisable, a
community liquor store or stores for
storage and off-sale of alcoholic
beverages in accordance with the
provisions of this Ordinance. The
Council may set the prices of alcoholic
beverages sold.
Section 8. Community On-Sale
Dealer. The Council may establish and
maintain anywhere on the Reservation
that the Council may deem advisable, a
community on-sale dealer or dealers for
storage and on-sale of alcoholic
beverages in accordance with the
provisions of this Ordinance. The
Council may set the prices of alcoholic
beverages sold.
Section 9. State of Minnesota
Licenses. The Council shall notify the
State of Minnesota of any Community
operated establishment that sells
alcoholic beverages or conducts
transactions involving alcoholic
beverages in compliance with Minn.
Stat. 340A.4055.
Section 10. Liability Insurance. For
the purpose of complying with 18
U.S.C. 1161 and the Minnesota Liquor
Act, the Council, or any entity licensed
by the Council, shall demonstrate proof
of financial responsibility to the State of
Minnesota by obtaining the necessary
liability insurance required by Minn.
Stat. 340A.409.
Section 11. License Restrictions,
General.
a. License Posting. A retail license to
sell alcoholic beverages must be posted
in a conspicuous place in the premises
for which it is used.
b. Gambling Compliance. Gambling
on premises where alcoholic beverages
are to be sold must be in compliance
under the Indian Gaming Regulatory Act
of 1988, 25 U.S.C. 2701, et. seq. and
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90732
Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Notices
Chapter 349 and 349A of the Minnesota
Statutes.
c. License Limited to Space Specified.
A retail license to sell any alcoholic
beverage is only effective for the
compact and contiguous space specified
in the approved license application.
Section 12. License Restrictions;
Intoxicating Liquor Licenses.
a. Investigation of On-Sale Licenses.
The Community Council shall appoint a
person to cooperate with any city or
county official in the conduct of any
preliminary background and/or
financial investigation for the purposes
of complying with Minn. Stat.
304A.412. However, nothing in this
section shall mean and be construed to
be a waiver of the Community’s
sovereign immunity and shall allow any
city or county official to conduct any
investigation not specifically authorized
by the Community Council as
documented by a written resolution.
b. Off-sale limitation. The Community
shall not apply for more than one offsale intoxicating liquor license.
c. General compliance. The
Community Council shall comply with
all prohibitions as stated in Minn. Stat.
340A.412, Subd. 4.
d. Employment of Minors. No person
under 18 years of age may serve or sell
intoxicating liquor on the Prairie Island
Indian Reservation.
Section 13. Restrictions on the
Number of Intoxicating Liquor Licenses
that May Be Issued.
a. Referendum for Additional On-Sale
Licenses. The Community Council may
issue on-sale intoxicating liquor licenses
over the number permitted under
Section 13 when authorized by the
voters of the Community at a general or
special election.
b. Referendum Questions. The
Community Council may direct that
either of the following questions be
placed on the ballot.
1. ‘‘Shall the Community Council be
allowed to issue ‘on-sale’ licenses for
the sale of intoxicating liquor at retail in
excess of the number permitted by
law?’’
2. ‘‘Shall the Community Council be
allowed to issue (a number to be
determined by the governing body) ‘onsale’ licenses for the sale of intoxicating
liquor at retail in excess of the number
now permitted by law?’’
Section 14. Responsibility of Licensee.
Every licensee is responsible for the
conduct in the licensed establishment
and any sale of alcoholic beverages by
any employee authorized to sell
alcoholic beverages in the establishment
is the act of the licensee for the
purposes of all provisions of this
Ordinance.
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Section 15. Sales to Obviously
Intoxicated Persons. No person may
sell, give, furnish, or in any way procure
for another alcoholic beverages for the
use of an obviously intoxicated person.
Nothing herein shall be construed as a
waiver of the Community’s sovereign
immunity from suit for any violation of
this section by a licensee or employee
of a Community facility.
Section 16. Persons Under 21 Years of
Age; Restrictions.
a. The Council shall enforce the State
of Minnesota laws regarding restrictions
on those persons under the age of 21
years in any Community establishment
operating pursuant to the provisions of
this Ordinance.
b. No Community operated or
licensed establishment shall sell, barter,
furnish, give or allow to be consumed
therein alcoholic beverages to and by a
person under 21 years of age.
c. Any Community operated or
licensed establishment shall require
proof of age for purchasing or
consuming alcoholic beverages by
requiring a valid driver’s license or State
of Minnesota identification card, or in
the case of a foreign national a valid
passport to be shown at any time
deemed necessary while on the
premises of a Community operated or
licensed establishment.
d. Any Community operated or
licensed establishment shall prohibit all
persons under the age of 21 years to
enter the establishment except to:
1. perform work if the person is 18,
19, or 20 years of age;
2. consume meals while accompanied
by an adult who is the legal guardian or
parent of the person; or
3. attend social functions that are held
in a portion of the establishment where
alcoholic beverages are not sold.
e. No Community operated or
licensed establishment shall employ any
person under the age of 18 years to serve
or sell alcoholic beverages.
Section 17. Hours and Days of Sale.
a. No Community operated or
licensed establishment shall sell or
furnish alcoholic beverages for on-sale
purposes between 1:00 a.m. and 8:00
a.m. on the days of Monday through
Saturday, after 1:00 a.m. on Sundays, or
otherwise not in compliance with Minn.
Stat. 340A.504.
b. No Community operated or
licensed establishment shall sell or
furnish alcoholic beverages for off-sale
purposes: (1) on Sundays; (2) before
8:00 a.m. on Monday through Saturday;
(3) after 10:00 p.m. on Monday through
Saturday; or (4) otherwise not in
compliance with Minn. Stat. 340A.504.
Section 18. Sales of Ethyl and Neutral
Spirits Prohibited. No person may sell at
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retail for beverage purposes ethyl
alcohol or neutral spirits, or substitutes
thereof, possessing the taste, aroma, and
characteristics generally attributed to
ethyl alcohol or neutral spirits. Nothing
in this section prohibits the
manufacture or sale of other products
obtained by use of ethyl alcohol or
neutral spirits as defined in U.S.
Treasury Department, Bureau of Internal
Revenue, Regulations 125, Article II,
Standards of Identity for Distilled
Spirits.
Section 19. Power to License and Tax.
The power to establish licenses and levy
taxes under the provisions of this
Ordinance is vested exclusively with
the Council.
Section 20. Community Liquor
Licenses. The Council shall issue by
resolution, upon proper application and
Council approval, a Community liquor
license to any establishment wishing to
sell, serve, or furnish alcoholic
beverages or conduct transactions
involving alcoholic beverages within the
boundaries of the Reservation.
Section 21. Classes of Licenses.
Classes of Community licenses under
this Ordinance shall be as follows:
a. Class A Off-Sale Liquor store; and
b. Class B On-Sale Dealer
Section 22. Community Operated
Establishments. The Council shall issue
by resolution one appropriate license to
a Community operated establishment
upon determining the site for the
establishment, creating an operating
infrastructure for the establishment and
obtaining the appropriate licensing from
the State of Minnesota.
Section 23. No Licenses Issued. The
Council shall not issue any licenses to
any person or entity other than the
Community until this Ordinance is
properly amended to authorize the
licensing of non-Community persons or
entities.
Section 24. Display of Community
License. Any establishment licensed
pursuant to the provisions of this
Ordinance shall display the Community
license in a conspicuous place.
Section 25. Distribution of Profits. All
profits from the sale of alcoholic
beverages on the Reservation are subject
to distribution of the Council in
accordance with its usual appropriation
procedures for essential governmental
and social services.
Section 26. Records. [reserved]
Section 27. Miscellaneous Provisions.
a. Sovereign Immunity. Nothing in
this Ordinance shall be construed as a
waiver of the Prairie Island Indian
Community in the State of Minnesota’s
sovereign immunity.
b. Severability. If any provision of this
Ordinance or its application to any
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Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Notices
person or circumstance is held invalid,
the remainder of this Ordinance, or the
application of the provision to other
persons or circumstances is not affected.
c. Amendment or Repeal of
Ordinance. This Ordinance may be
amended or repealed only by a majority
vote of the Council in regular session.
[FR Doc. 2024–26812 Filed 11–15–24; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_AK_FRN_MO4500181836; F–14837–A]
Alaska Native Claims Selection
Bureau of Land Management,
Interior.
ACTION: Notice of decision approving
lands for conveyance.
AGENCY:
The Bureau of Land
Management (BLM) hereby provides
constructive notice that it will issue an
appealable decision approving
conveyance of the surface estate in
certain lands to Beaver Kwit’chin
Corporation for the Native village of
Beaver, pursuant to the Alaska Native
Claims Settlement Act of 1971
(ANCSA). The subsurface estate in the
same lands will be conveyed to Doyon,
Limited, when the surface estate is
conveyed to Beaver Kwit’chin
Corporation.
DATES: Any party claiming a property
interest in the lands affected by the
decision may appeal the decision in
accordance with the requirements of 43
CFR part 4 within the time limits set out
in the SUPPLEMENTARY INFORMATION
section.
ADDRESSES: You may obtain a copy of
the decision from the Bureau of Land
Management, Alaska State Office, 222
West Seventh Avenue, #13, Anchorage,
AK 99513–7504.
FOR FURTHER INFORMATION CONTACT:
Matthew Colburn, Land Law Examiner,
Adjudication Section, BLM Alaska State
Office, 907–271–5067 or mcolburn@
blm.gov. Individuals in the United
States who are deaf, deafblind, hard of
hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to
access telecommunications relay
services. Individuals outside the United
States should use the relay services
offered within their country to make
international calls to the point of
contact in the United States.
SUPPLEMENTARY INFORMATION: As
required by 43 CFR 2650.7(d), notice is
hereby given that the BLM will issue an
appealable decision to Beaver Kwit’chin
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SUMMARY:
VerDate Sep<11>2014
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Corporation. The decision approves
conveyance of the surface estate in
certain lands pursuant to ANCSA (43
U.S.C. 1601, et seq.), as amended. As
provided by ANCSA, the subsurface
estate in the same lands will be
conveyed to Doyon, Limited, when the
surface estate is conveyed to Beaver
Kwit’chin Corporation. The lands are
located in the vicinity of Beaver, Alaska,
and are described as:
Fairbanks Meridian, Alaska
T. 18 N., R. 1 E.,
Sec. 34.
Containing approximately 40 acres.
T. 17 N., R. 4 E.,
Sec. 31.
Containing 415.69 acres.
Aggregating approximately 456 acres.
The decision addresses public access
easements, if any, to be reserved to the
United States pursuant to sec. 17(b) of
ANCSA (43 U.S.C. 1616(b)), in the lands
described above.
The BLM will also publish notice of
the decision once a week for four
consecutive weeks in the Fairbanks
Daily News-Miner newspaper.
Any party claiming a property interest
in the lands affected by the decision
may appeal the decision in accordance
with the requirements of 43 CFR part 4
within the following time limits:
1. Unknown parties, parties unable to
be located after reasonable efforts have
been expended to locate, parties who
fail or refuse to sign their return receipt,
and parties who receive a copy of the
decision by regular mail which is not
certified, return receipt requested, shall
have until December 18, 2024 to file an
appeal.
2. Parties receiving service of the
decision by certified mail shall have 30
days from the date of receipt to file an
appeal.
Parties who do not file an appeal in
accordance with the requirements of 43
CFR part 4 shall be deemed to have
waived their rights. Notices of appeal
transmitted by facsimile will not be
accepted as timely filed.
Matthew A. Colburn,
Land Law Examiner, Adjudication Section.
[FR Doc. 2024–26766 Filed 11–15–24; 8:45 am]
BILLING CODE 4331–10–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_AK_FRN_MO4500181078; AA–10010]
Alaska Native Claims Selection
AGENCY:
Bureau of Land Management,
Interior.
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90733
Notice of decision approving
lands for conveyance.
ACTION:
The Bureau of Land
Management (BLM) hereby provides
constructive notice that it will issue an
appealable decision approving
conveyance of the surface estate in
certain lands to Calista Corporation, an
Alaska Native regional corporation,
pursuant to the Alaska Native Claims
Settlement Act of 1971 (ANCSA), as
amended. Ownership of the subsurface
estate will be retained by the United
States.
SUMMARY:
Any party claiming a property
interest in the lands affected by the
decision may appeal the decision in
accordance with the requirements of 43
CFR part 4 within the time limits set out
in the SUPPLEMENTARY INFORMATION
section.
DATES:
You may obtain a copy of
the decision from the Bureau of Land
Management, Alaska State Office, 222
West Seventh Avenue, #13, Anchorage,
AK 99513–7504.
FOR FURTHER INFORMATION CONTACT:
Heid C. Wanner, Supervisory Land Law
Examiner, BLM Alaska State Office,
907–271–3153 or hwanner@blm.gov.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point of
contact in the United States.
SUPPLEMENTARY INFORMATION: As
required by 43 CFR 2650.7(d), notice is
hereby given that the BLM will issue an
appealable decision to Calista
Corporation. The decision approves
conveyance of the surface estate in
certain lands pursuant to ANCSA (43
U.S.C. 1601, et seq.), as amended.
Ownership of the subsurface estate will
be retained by the United States.
The lands are located in the Yukon
Delta National Wildlife Refuge, within
T. 16 N., R. 90 W., Seward Meridian,
and containing 5.66 acres.
The decision addresses public access
easements, if any, to be reserved to the
United States pursuant to sec. 17(b) of
ANCSA (43 U.S.C. 1616(b)), in the lands
approved for conveyance.
The BLM will also publish notice of
the decision once a week for four
consecutive weeks in The Delta
Discovery, Inc, newspaper.
Any party claiming a property interest
in the lands affected by the decision
may appeal the decision in accordance
ADDRESSES:
E:\FR\FM\18NON1.SGM
18NON1
]]>Agencies
[Federal Register Volume 89, Number 222 (Monday, November 18, 2024)]
[Notices]
[Pages 90730-90733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26812]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[256A2100DD/AAKC001030/A0A501010.999900]
Prairie Island Indian Community; Amendments to Liquor Control
Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes amendments to the Prairie Island Indian
Community's Liquor Control Ordinance. This Ordinance amends and
supersedes the existing Prairie Island Mdewakanton Dakota Community
Liquor Control Ordinance, adopted on July 10, 1992, by Resolution
Number 92-84; and amended on October 14, 1992, by Resolution Number 92-
118.
DATES: This ordinance shall become effective December 18, 2024.
FOR FURTHER INFORMATION CONTACT: Sherrel LaPointe, Tribal Operations
Officer, Midwest Regional Office, Bureau of Indian Affairs, 5600
American Boulevard West, Suite 500, Bloomington, Minnesota 55437,
Telephone: (612) 725-4500, Fax: (612) 713-4401.
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. On August 9, 2023, the Prairie
Island Indian Community Council adopted the amendments to the
Community's Liquor Control Ordinance by Resolution Numbers 23-8-9-150.
This Federal Register Notice comprehensively amends and supersedes the
existing
[[Page 90731]]
Prairie Island Indian Community Liquor Control Ordinance which was
published in the Federal Register on December 1, 1992 (57 FR 56960).
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 Prairie Island Indian Community Tribal
Council duly adopted these amendments to the Prairie Island Indian
Community Liquor Control Ordinance on August 9, 2023.
Bryan Newland,
Assistant Secretary-Indian Affairs.
The Prairie Island Indian Community's Liquor Control Ordinance, as
amended, shall read as follows:
Prairie Island Indian Community
Liquor Control Ordinance
Section 1. Short Title. This Ordinance shall be known and may be
cited as the Prairie Island Indian Community Liquor Control Ordinance.
Section 2. Statement of Purpose, Findings, and Authority.
a. Purpose. It is the Community's policy to ensure that any
transaction, importation, sale, or consumption involving an alcoholic
beverage, while within the Tribe's jurisdiction, shall occur in strict
compliance with this Ordinance, the laws of the United States and the
State of Minnesota.
b. Findings. [reserved].
c. Authority. This Ordinance is an exercise of the inherent
sovereignty of the Community and shall be deemed an exercise of the
Community Council's power to protect the welfare, health, peace,
morals, and safety of the people of the Community.
Section 3. Definitions.
a. ``Community'' means the Prairie Island Indian Community in the
State of Minnesota, a federally recognized Indian Tribe.
b. ``Community Council'' means the constitutionally authorized
governing body of the Community.
c. ``Alcoholic beverage'' means any intoxicating liquor, low point
beer, or any wine, as defined under the provisions of this Ordinance.
d. ``Application'' means a formal written request for the issuance
of a license supported by a verified statement of facts.
e. ``Community'' means the Prairie Island Indian Community in the
State of Minnesota, a federally recognized Indian Tribe.
f. ``Community Council'' means the constitutionally authorized
governing body of the Community.
g. ``Establishment'' means any liquor store or any on- or off-sale
dealer.
h. ``High point beer'' means any beer having an alcoholic content
in excess of three and two-tenths per centum (3.2%) of weight.
i. ``Intoxicating liquor'' means any liquid either commonly used,
or reasonably adapted to use, for beverages purposes containing in
excess of three and two-tenths per centum (3.2%) of alcohol by weight.
This shall include any type of wine, regardless of alcoholic content.
j. ``Legal age'' means the age requirements as defined in Section
16.
k. ``Liquor store'' means any store, established by the Community
or licensed individual or entity, for the sale of alcoholic beverages.
l. ``Low point beer'' means any liquid either commonly used, or
reasonably adapted to use, for beverage purposes, and which is produced
wholly or in part from brewing of any grain or grains, malt substitute,
and which contains any alcohol whatsoever, but no more than three and
two-tenths per centum (3.2%) of alcohol by weight.
m. ``Off-sale'' means the sale of any alcoholic beverages for
consumption off the premises where sold.
n. ``On-sale dealer'' means the Community or licensed individual or
entity that sells, or keeps for sale any alcoholic beverage authorized
under this Ordinance for consumption on the premises where sold.
o. ``On-sale'' means the sale of any alcoholic beverage for
consumption only upon the premises where sold.
p. ``Reservation'' means all territory subject to the Community's
jurisdiction.
q. ``Sale'' means the transfer of any bagged, bottled, boxed,
canned or kegged alcoholic beverage, or the serving of any contents of
any bagged, bottled, boxed, canned or kegged alcoholic beverage for a
consideration of currency exchange.
r. ``Transaction'' means any transfer of any bagged, bottled,
boxed, canned, or kegged alcoholic beverage, or the transfer of any
contents of any bagged, bottled, boxed, canned or kegged alcoholic
beverage from any liquor store, on-sale dealer or vendor to any person.
s. ``Vendor'' means any person employed or under the supervision by
and of a liquor store or on-sale dealer who conducts sales or
transactions involving alcoholic beverages.
t. ``Wine'' means any beverage containing alcohol obtained by the
fermentation of the natural sugar contents of fruits or other
agricultural products, and containing not more than seventeen percent
(17%) of alcohol by weight, including sweet wines, fortified with wine
spirits, such as port, sherry, muscatel, and angelica.
Section 4. Applicability. [reserved]
Section 5. General Prohibition. It shall be unlawful to manufacture
for sale, sell, offer, or keep for sale, possess, transport or conduct
any transaction involving any alcoholic beverage except in compliance
with the terms, conditions, limitations, and restrictions specified in
this Ordinance.
Section 6. Community Control of Alcoholic Beverages. The Council
shall have the sole and exclusive right to authorize the importation of
alcoholic beverages for sale or for the purpose of conducting
transactions therewith, and no person or organization shall so import
any such alcoholic beverage into the Reservation unless authorized by
the Council.
Section 7. Community Liquor Store. The Council may establish and
maintain anywhere on the Reservation that the Council may deem
advisable, a community liquor store or stores for storage and off-sale
of alcoholic beverages in accordance with the provisions of this
Ordinance. The Council may set the prices of alcoholic beverages sold.
Section 8. Community On-Sale Dealer. The Council may establish and
maintain anywhere on the Reservation that the Council may deem
advisable, a community on-sale dealer or dealers for storage and on-
sale of alcoholic beverages in accordance with the provisions of this
Ordinance. The Council may set the prices of alcoholic beverages sold.
Section 9. State of Minnesota Licenses. The Council shall notify
the State of Minnesota of any Community operated establishment that
sells alcoholic beverages or conducts transactions involving alcoholic
beverages in compliance with Minn. Stat. 340A.4055.
Section 10. Liability Insurance. For the purpose of complying with
18 U.S.C. 1161 and the Minnesota Liquor Act, the Council, or any entity
licensed by the Council, shall demonstrate proof of financial
responsibility to the State of Minnesota by obtaining the necessary
liability insurance required by Minn. Stat. 340A.409.
Section 11. License Restrictions, General.
a. License Posting. A retail license to sell alcoholic beverages
must be posted in a conspicuous place in the premises for which it is
used.
b. Gambling Compliance. Gambling on premises where alcoholic
beverages are to be sold must be in compliance under the Indian Gaming
Regulatory Act of 1988, 25 U.S.C. 2701, et. seq. and
[[Page 90732]]
Chapter 349 and 349A of the Minnesota Statutes.
c. License Limited to Space Specified. A retail license to sell any
alcoholic beverage is only effective for the compact and contiguous
space specified in the approved license application.
Section 12. License Restrictions; Intoxicating Liquor Licenses.
a. Investigation of On-Sale Licenses. The Community Council shall
appoint a person to cooperate with any city or county official in the
conduct of any preliminary background and/or financial investigation
for the purposes of complying with Minn. Stat. 304A.412. However,
nothing in this section shall mean and be construed to be a waiver of
the Community's sovereign immunity and shall allow any city or county
official to conduct any investigation not specifically authorized by
the Community Council as documented by a written resolution.
b. Off-sale limitation. The Community shall not apply for more than
one off-sale intoxicating liquor license.
c. General compliance. The Community Council shall comply with all
prohibitions as stated in Minn. Stat. 340A.412, Subd. 4.
d. Employment of Minors. No person under 18 years of age may serve
or sell intoxicating liquor on the Prairie Island Indian Reservation.
Section 13. Restrictions on the Number of Intoxicating Liquor
Licenses that May Be Issued.
a. Referendum for Additional On-Sale Licenses. The Community
Council may issue on-sale intoxicating liquor licenses over the number
permitted under Section 13 when authorized by the voters of the
Community at a general or special election.
b. Referendum Questions. The Community Council may direct that
either of the following questions be placed on the ballot.
1. ``Shall the Community Council be allowed to issue `on-sale'
licenses for the sale of intoxicating liquor at retail in excess of the
number permitted by law?''
2. ``Shall the Community Council be allowed to issue (a number to
be determined by the governing body) `on-sale' licenses for the sale of
intoxicating liquor at retail in excess of the number now permitted by
law?''
Section 14. Responsibility of Licensee. Every licensee is
responsible for the conduct in the licensed establishment and any sale
of alcoholic beverages by any employee authorized to sell alcoholic
beverages in the establishment is the act of the licensee for the
purposes of all provisions of this Ordinance.
Section 15. Sales to Obviously Intoxicated Persons. No person may
sell, give, furnish, or in any way procure for another alcoholic
beverages for the use of an obviously intoxicated person. Nothing
herein shall be construed as a waiver of the Community's sovereign
immunity from suit for any violation of this section by a licensee or
employee of a Community facility.
Section 16. Persons Under 21 Years of Age; Restrictions.
a. The Council shall enforce the State of Minnesota laws regarding
restrictions on those persons under the age of 21 years in any
Community establishment operating pursuant to the provisions of this
Ordinance.
b. No Community operated or licensed establishment shall sell,
barter, furnish, give or allow to be consumed therein alcoholic
beverages to and by a person under 21 years of age.
c. Any Community operated or licensed establishment shall require
proof of age for purchasing or consuming alcoholic beverages by
requiring a valid driver's license or State of Minnesota identification
card, or in the case of a foreign national a valid passport to be shown
at any time deemed necessary while on the premises of a Community
operated or licensed establishment.
d. Any Community operated or licensed establishment shall prohibit
all persons under the age of 21 years to enter the establishment except
to:
1. perform work if the person is 18, 19, or 20 years of age;
2. consume meals while accompanied by an adult who is the legal
guardian or parent of the person; or
3. attend social functions that are held in a portion of the
establishment where alcoholic beverages are not sold.
e. No Community operated or licensed establishment shall employ any
person under the age of 18 years to serve or sell alcoholic beverages.
Section 17. Hours and Days of Sale.
a. No Community operated or licensed establishment shall sell or
furnish alcoholic beverages for on-sale purposes between 1:00 a.m. and
8:00 a.m. on the days of Monday through Saturday, after 1:00 a.m. on
Sundays, or otherwise not in compliance with Minn. Stat. 340A.504.
b. No Community operated or licensed establishment shall sell or
furnish alcoholic beverages for off-sale purposes: (1) on Sundays; (2)
before 8:00 a.m. on Monday through Saturday; (3) after 10:00 p.m. on
Monday through Saturday; or (4) otherwise not in compliance with Minn.
Stat. 340A.504.
Section 18. Sales of Ethyl and Neutral Spirits Prohibited. No
person may sell at retail for beverage purposes ethyl alcohol or
neutral spirits, or substitutes thereof, possessing the taste, aroma,
and characteristics generally attributed to ethyl alcohol or neutral
spirits. Nothing in this section prohibits the manufacture or sale of
other products obtained by use of ethyl alcohol or neutral spirits as
defined in U.S. Treasury Department, Bureau of Internal Revenue,
Regulations 125, Article II, Standards of Identity for Distilled
Spirits.
Section 19. Power to License and Tax. The power to establish
licenses and levy taxes under the provisions of this Ordinance is
vested exclusively with the Council.
Section 20. Community Liquor Licenses. The Council shall issue by
resolution, upon proper application and Council approval, a Community
liquor license to any establishment wishing to sell, serve, or furnish
alcoholic beverages or conduct transactions involving alcoholic
beverages within the boundaries of the Reservation.
Section 21. Classes of Licenses. Classes of Community licenses
under this Ordinance shall be as follows:
a. Class A Off-Sale Liquor store; and
b. Class B On-Sale Dealer
Section 22. Community Operated Establishments. The Council shall
issue by resolution one appropriate license to a Community operated
establishment upon determining the site for the establishment, creating
an operating infrastructure for the establishment and obtaining the
appropriate licensing from the State of Minnesota.
Section 23. No Licenses Issued. The Council shall not issue any
licenses to any person or entity other than the Community until this
Ordinance is properly amended to authorize the licensing of non-
Community persons or entities.
Section 24. Display of Community License. Any establishment
licensed pursuant to the provisions of this Ordinance shall display the
Community license in a conspicuous place.
Section 25. Distribution of Profits. All profits from the sale of
alcoholic beverages on the Reservation are subject to distribution of
the Council in accordance with its usual appropriation procedures for
essential governmental and social services.
Section 26. Records. [reserved]
Section 27. Miscellaneous Provisions.
a. Sovereign Immunity. Nothing in this Ordinance shall be construed
as a waiver of the Prairie Island Indian Community in the State of
Minnesota's sovereign immunity.
b. Severability. If any provision of this Ordinance or its
application to any
[[Page 90733]]
person or circumstance is held invalid, the remainder of this
Ordinance, or the application of the provision to other persons or
circumstances is not affected.
c. Amendment or Repeal of Ordinance. This Ordinance may be amended
or repealed only by a majority vote of the Council in regular session.
[FR Doc. 2024-26812 Filed 11-15-24; 8:45 am]
BILLING CODE 4337-15-P
