38220 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices 

SUMMARY: The Bureau of Land 

Management (BLM) is scheduled to file 

the plats of survey of the lands 

described below thirty (30) calendar 

days from the date of this publication in 

the BLM Wyoming State Office, 

Cheyenne, Wyoming. 

FOR FURTHER INFORMATION CONTACT: 

Bureau of Land Management, 5353 

Yellowstone Road, P.O. Box 1828, 

Cheyenne, Wyoming 82003. 

SUPPLEMENTARY INFORMATION: This 

survey was executed at the request of 

the Bureau of Indian Affairs and is 

necessary for the management of these 

lands. The lands surveyed are: 

The plat and field notes representing 

the dependent resurvey of a portion of 

the subdivisional lines and a portion of 

the subdivision of section 10, and the 

survey of the subdivision of section 11, 

and the metes and bounds surveys of 

certain parcels, Township 1 South, 

Range 4 East, of the Wind River 

Meridian, Wyoming, Group No. 787, 

was accepted July 27, 2009. 

The plat and field notes representing 

the dependent resurvey of a portion of 

the Second Standard Parallel North, 

through Range 2 East, the subdivisional 

lines and adjusted meanders of the right 

bank of South Fork Owl Creek, and the 

survey of the subdivision of section 35, 

Township 9 North, Range 2 East, of the 

Wind River Meridian, Wyoming, Group 

No. 788, was accepted July 27, 2009. 

The plat and field notes representing 

the dependent resurvey of a portion of 

the subdivisional lines and a portion of 

the subdivision of section 9, and the 

metes and bounds survey of Parcel A, 

section 9, Township 1 South, Range 2 

East, of the Wind River Meridian, 

Wyoming, Group No. 789, was accepted 

July 27, 2009. 

Copies of the preceding described 

plats and field notes are available to the 

public at a cost of $1.10 per page. 

Dated: July 27, 2009. 

John P. Lee, 

Chief Cadastral Surveyor, Division of Support 

Services. 

[FR Doc. E9–18287 Filed 7–30–09; 8:45 am] 

BILLING CODE 4310–22–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Kaw Nation Alcohol Control Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the Kaw 

Nation Alcohol Control Ordinance. The 

Ordinance regulates and controls the 

possession, sale, and consumption of 

liquor within the tribal lands. The tribal 

lands are located in Indian country and 

this Ordinance allows for possession 

and sale of alcoholic beverages within 

their boundaries. This Ordinance will 

increase the ability of the tribal 

government to control the community’s 

liquor distribution and possession, and 

at the same time will provide an 

important source of revenue for the 

continued operation and strengthening 

of the tribal government and the 

delivery of tribal services. 

DATES: Effective Date: This Ordinance is 

effective on July 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Sherry Lovin, Tribal Government 

Services Officer, Southern Plains 

Regional Office, WCD Office Complex, 

PO Box 368, Anadarko, OK 73005, 

Telephone: (405) 247–1534, Fax (405) 

247–9240; or Elizabeth Colliflower, 

Office of Indian Services, 1849 C Street, 

NW., Mail Stop 4513–MIB, Washington, 

DC 20240, Telephone: (202) 513–7640. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Act of August 15, 1953, Public 

Law 83–277, 67 Stat. 586, 18 U.S.C. 

1161, as interpreted by the Supreme 

Court in Rice v. Rehner, 463 U.S. 713 

(1983), the Secretary of the Interior shall 

certify and publish in the Federal 

Register notice of adopted liquor 

ordinances for the purpose of regulating 

liquor transactions in Indian country. 

The Kaw Nation Executive Council 

adopted its Alcohol Control Ordinance 

by Resolution No. 07–62 on November 

27, 2007. The purpose of this Ordinance 

is to govern the sale, possession, and 

distribution of alcohol within tribal 

lands of the Tribe. 

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 this Alcohol Control 

Ordinance of the Kaw Nation Executive 

Council was duly adopted by the 

Council on November 27, 2007. 

Dated: July 23, 2009. 

Larry Echo Hawk, 

Assistant Secretary—Indian Affairs. 

The Kaw Nation Alcohol Control 

Ordinance reads as follows: 

Kaw Nation Alcohol Control Ordinance 

Article I. Introduction 

Section 1.1. Title 

This Ordinance shall be known as the 

‘‘Kaw Nation Alcohol Control 

Ordinance.’’ 

Section 1.2. Authority 

This Ordinance is enacted pursuant to 

the Act of August 15, 1953. Public Law 

83–277, 67 Stat. 586, 18 U.S.C. 1161 and 

Article II, § 4 of the Constitution of the 

Kaw Nation. 

Section 1.3. Purpose 

The purpose of this Ordinance is to 

regulate and control the manufacture, 

distribution, possession, and sale of 

Alcohol on Tribal lands of the Kaw 

Nation. The enactment of this 

Ordinance will enhance the ability of 

the Kaw Nation to control all such 

alcohol-related activities within the 

jurisdiction of the Tribe and will 

provide an important source of revenue 

for the continued operation and 

strengthening of the Kaw Nation and the 

delivery of important governmental 

services. 

Section 1.4. Application of Federal Law 

Federal law forbids the introduction, 

possession and sale of liquor in Indian 

Country (18 U.S.C. 1154 and other 

statutes), except when in conformity 

both with the laws of the State and the 

Tribe (18 U.S.C. 1161). As such, 

compliance with this Ordinance shall be 

in addition to, and not a substitute for, 

compliance with the laws of the State of 

Oklahoma. 

Section 1.5. Administration of 

Ordinance 

The Executive Council, through its 

powers vested under Article II, § 4 of the 

Constitution of the Kaw Nation and this 

Ordinance, delegates to the Alcohol 

Regulatory Authority the authority to 

exercise all of the powers and 

accomplish all of the purposes as set 

forth in this Ordinance, which may 

include, but are not limited to, the 

following actions: 

A. Adopt and enforce rules and 

regulations for the purpose of 

effectuating this Ordinance, which 

includes the setting of fees, fines and 

other penalties; 

B. Execute all necessary documents; 

and 

C. Perform all matters and actions 

incidental to and necessary to conduct 

its business and carry out its duties and 

functions under this Ordinance. 

Section 1.6. Sovereign Immunity 

Preserved 

A. The Tribe is immune from suit in 

any jurisdiction except to the extent that 

the Executive Council of the Kaw 

Nation expressly and unequivocally 

waives such immunity by approval of 

such written resolution. 

B. Nothing in this Ordinance shall be 

construed as waiving the sovereign 

immunity of the Kaw Nation or the 

Alcohol Regulatory Authority as an 

agency of the Kaw Nation. 


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Section 1.7. Applicability 

This Ordinance shall apply to all 

commercial enterprises located within 

Tribal lands consistent with applicable 

Federal Liquor Laws. 

Section 1.8. Computation of Time 

Unless otherwise provided in this 

Ordinance, in computing any period of 

time prescribed or allowed by this 

Ordinance, the day of the act, event, or 

default from which the designated 

period time begins to run shall not be 

included. The last day of the period so 

computed shall be included, unless it is 

a Saturday, a Sunday, or a legal holiday. 

For the purposes of this Ordinance, the 

term ‘‘legal holiday’’ shall mean all legal 

holidays under Tribal or Federal law. 

All documents mailed shall be deemed 

served at the time of mailing. 

Section 1.9. Liberal Construction 

Provisions of this Ordinance shall be 

liberally construed to achieve the 

purposes set forth, whether clearly 

stated or apparent from the context of 

the language used herein. 

Section 1.10. Collection of Applicable 

Fees, Taxes, or Fines 

The Alcohol Regulatory Authority 

shall have the authority to collect all 

applicable and lawful fees, taxes, and or 

fines from any person or Licensee as 

imposed by this Ordinance. The failure 

of any Licensee to deliver applicable 

taxes collected on the sale of Alcoholic 

Beverages shall subject the Licensee to 

penalties, including, but not limited to 

the revocation of said License. 

Article II. Declaration of Public Policy 

Section 2.1. Matter of Special Interest 

The manufacture, distribution, 

possession, sale, and consumption of 

Alcoholic Beverages within the 

jurisdiction of the Kaw Nation are 

matters of significant concern and 

special interest to the Tribe. The 

Executive Council hereby declares that 

the policy of the Kaw Nation is to 

eliminate the problems associated with 

unlicensed, unregulated, and unlawful 

importation, distribution, manufacture, 

possession and sale of Alcoholic 

Beverages for commercial purposes and 

to promote temperance in the use and 

consumption of Alcoholic Beverages by 

increasing the Tribe’s control over such 

activities on Tribal lands. 

Section 2.2. Federal Law 

The introduction of Alcohol within 

the jurisdiction of the Tribe is currently 

prohibited by Federal law (18 U.S.C. 

1154), except as provided for therein, 

and the Tribe is expressly delegated the 

right to determine when and under what 

conditions Alcohol, including Alcoholic 

Beverages, shall be permitted thereon 

(18 U.S.C. 1161). 

Section 2.3. Need for Regulation 

The Tribe finds that the Federal 

Liquor Laws prohibiting the 

introduction, manufacture, distribution, 

possession, sale, and consumption of 

Alcoholic Beverages within the Tribal 

lands has proven ineffective and that 

the problems associated with same 

should be addressed by the laws of the 

Tribe, with all such business activities 

related thereto subject to the taxing and 

regulatory authority of the Alcohol 

Regulatory Authority. 

Section 2.4. Geographic Locations 

The Tribe finds that the introduction, 

manufacture, distribution, possession, 

sale, and consumption of Alcohol, 

including Alcoholic Beverages, shall be 

regulated under this Ordinance only 

where such activity will be conducted 

within or upon Tribal lands. 

Section 2.5. Definitions 

As used in this Ordinance, the 

following words shall have the 

following meanings unless the context 

clearly requires otherwise: 

A. ‘‘Alcohol’’ means the product of 

distillation of fermented liquid, whether 

or not rectified or diluted with water, 

including, but not limited to Alcoholic 

Beverages as defined herein, but does 

not mean ethyl or industrial alcohol, 

diluted or not, that has been denatured 

or otherwise rendered unfit for purposes 

of consumption by humans. 

B. ‘‘Alcohol Regulatory Authority’’ 

means the tribal entity authorized by the 

Executive Council to administer the 

Kaw Nation Alcohol Control Ordinance. 

C. ‘‘Alcoholic Beverage(s)’’ when used 

in this Ordinance means, and shall 

include any liquor, beer, spirits, or 

wine, by whatever name they may be 

called, and from whatever source and by 

whatever process they may be 

produced, and which contain a 

sufficient percent of alcohol by volume 

which, by law, makes said beverage 

subject to regulation as an intoxicating 

beverage under the laws of the State of 

Oklahoma. Alcoholic Beverages include 

all forms of ‘‘low-point beer’’ as defined 

under the laws of the State of 

Oklahoma. 

D. ‘‘Applicant’’ means any person 

who submits an application to the 

Alcohol Regulatory Authority for an 

Alcoholic Beverage License and who 

has not yet received such a License. 

E. ‘‘Constitution’’ means the 

Constitution of the Kaw Nation. 

F. ‘‘Executive Council’’ means the 

duly elected legislative body of the Kaw 

Nation authorized to act in and on all 

matters and subjects upon which the 

Tribe is empowered to act, now or in the 

future. 

G. ‘‘Federal Liquor Laws’’ means all 

laws of the United States of America 

that apply to or regulate in any way the 

introduction, manufacture, distribution, 

possession, or sale of any form of 

Alcohol, including, but not limited to 18 

U.S.C. 1154 & 1161. 

H. ‘‘Legal Age’’ means twenty-one (21) 

years of age. 

I. ‘‘License’’ or ‘‘Alcoholic Beverage 

License’’ means a license issued by the 

Alcohol Regulatory Authority 

authorizing the introduction, 

manufacture, distribution, or sale of 

Alcoholic Beverages for commercial 

purposes under the provisions of this 

Ordinance. 

J. ‘‘Licensee’’ means a person or 

commercial enterprise that holds an 

Alcoholic Beverage License issued by 

the Alcohol Regulatory Authority and 

includes any employee or agent of the 

Licensee. 

K. ‘‘Liquor store’’ means any business, 

store, or commercial establishment at 

which Alcohol is sold and shall include 

any and all businesses engaged in the 

sale of Alcoholic Beverages, whether 

sold as packaged or by the drink. 

L. ‘‘Manufacturer’’ means any person 

engaged in the manufacture of Alcohol, 

including, but not limited to the 

manufacture of Alcoholic Beverages. 

M. ‘‘Oklahoma Liquor License’’ means 

any license or permit issued by the State 

of Oklahoma, including any agency, 

subdivision, or county thereof, 

regulating any form of Alcohol, 

including, but not limited to any form 

of Alcoholic Beverage. Any license or 

permit issued for the sale or distribution 

of ‘‘low-point beer’’, as defined under 

Oklahoma law, shall be considered an 

‘‘Oklahoma Liquor License’’ under this 

Ordinance. 

N. ‘‘Ordinance’’ means this Kaw 

Nation Alcohol Control Ordinance, as 

hereafter amended. 

O. ‘‘Package’’ or ‘‘packaged’’ means 

the sale of any Alcoholic Beverage by 

delivery of same by a seller to a 

purchaser in any container, bag, or 

receptacle for consumption beyond the 

premises or location designated on the 

seller’s License. 

P. ‘‘Public place’’ means and shall 

include any tribal, county, State, or 

Federal highways, roads, and rights-ofway; buildings and grounds used for 

school purposes; public dance halls and 

grounds adjacent thereto; public 

restaurants, buildings, meeting halls, 

hotels, theaters, retail stores, and 


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business establishments generally open 

to the public and to which the public is 

allowed to have unrestricted access; and 

all other places to which the general 

public has unrestricted right of access 

and that are generally used by the 

public. For the purpose of this 

Ordinance, ‘‘public place’’ shall also 

include any privately owned business 

property or establishment that is 

designed for or may be regularly used by 

more persons other than the owner of 

the same, but shall not include the 

private, family residence of any person. 

Q. ‘‘Sale(s)’’, ‘‘sell’’, or ‘‘sold’’ mean 

the exchange, barter, traffic, furnishing, 

or giving away for commercial purpose 

of any Alcoholic Beverage by any and 

all means, by whatever name commonly 

used to describe the same, by any 

commercial enterprise or person to 

another person. 

R. ‘‘Tribal Court’’ means the Courts of 

the Kaw Nation, as established under 

the Constitution of the Kaw Nation, 

Article V, § 1. 

S. ‘‘Tribal land(s)’’ shall mean and 

reference the geographic area that 

includes all land included within the 

definition of ‘‘Indian country’’ as 

established and described by Federal 

law and that is under the jurisdiction of 

the Kaw Nation, including, but not 

limited to all lands held in trust by the 

Federal government, located within the 

same, as are now in existence or may 

hereafter be added to. 

T. ‘‘Tribal law’’ means the 

Constitution of the Kaw Nation and all 

laws, ordinances, codes, resolutions, 

and regulations now and hereafter duly 

enacted by the Tribe. 

U. ‘‘Tribe’’ shall mean the Kaw 

Nation. 

Article III. Sales of Alcoholic Beverages 

Section 3.1. Prohibition of the 

Unlicensed Sale of Alcoholic Beverages 

This Ordinance prohibits the 

introduction, manufacture, distribution, 

or sale of Alcoholic Beverages for 

commercial purposes, other than where 

conducted by a Licensee in possession 

of a lawfully issued License in 

accordance with this Ordinance. The 

Federal Liquor Laws are intended to 

remain applicable to any act or 

transaction that is not authorized by this 

Ordinance, and violators shall be 

subject to all penalties and provisions of 

any and all Federal and or Tribal laws. 

Section 3.2. License Required 

A. Any and all sales of Alcoholic 

Beverages conducted upon Tribal lands 

shall be permitted only where the seller: 

(i) Holds a current Alcoholic Beverage 

License, duly issued by the Alcohol 

Regulatory Authority; and (ii) 

prominently and conspicuously 

displays the License on the premises or 

location designated on the license. 

B. A Licensee has the right to engage 

only in those activities involving 

Alcoholic Beverage expressly 

authorized by such License in 

accordance with this Ordinance. 

Section 3.3. Sales for Cash 

All sales of Alcoholic Beverages 

conducted by any person or commercial 

enterprise upon Tribal lands shall be 

conducted on a cash-only basis, and no 

credit for said purchase and 

consumption of same shall be extended 

to any person, organization, or entity, 

except that this provision does not 

prohibit the payment of same by use of 

credit cards acceptable to the seller 

(including but not limited to VISA, 

MasterCard, or American Express). 

Section 3.4. Personal Consumption 

All sales of Alcoholic Beverages shall 

be for the personal use and 

consumption of the purchaser and or 

his/her guest(s) of Legal Age. The re-sale 

of any Alcoholic Beverage purchased 

within or upon Tribal lands by any 

person or commercial enterprise not 

licensed as required by this Ordinance 

is prohibited. 

Section 3.5. Tribal Enterprises 

No employee or operator of a 

commercial enterprise owned by the 

Tribe shall sell or permit any person to 

open or consume any Alcoholic 

Beverage on any premises or location, or 

any premises adjacent thereto, under his 

or her control, unless such activity is 

properly licensed as provided in this 

Ordinance. 

Article IV. Licensing 

Section 4.1. Eligibility 

Only Applicants operating upon 

Tribal lands shall be eligible to receive 

a License for the sale of any Alcoholic 

Beverage under this Ordinance. 

Section 4.2. Application Process 

A. The Alcohol Regulatory Authority 

may cause a License to be issued to any 

Applicant as is it may deem 

appropriate, but not contrary to the best 

interests of the Tribe and its Tribal 

members. Any Applicant that desires to 

receive any Alcoholic Beverage License, 

and that meets the eligibility 

requirements pursuant to this 

Ordinance, must apply to the Alcohol 

Regulatory Authority for the desired 

class of License. Any such person as 

may be empowered to make such 

application, shall: (i) Fully and 

accurately complete the application 

provided by the Alcohol Regulatory 

Authority; (ii) pay the Alcohol 

Regulatory Authority such application 

fee as may be required; and (iii) submit 

such application to the Alcohol 

Regulatory Authority for consideration. 

B. All application fees paid to the 

Alcohol Regulatory Authority are 

nonrefundable upon submission of any 

such application. Each application shall 

require the payment of a separate 

application fee. 

Section 4.3. Term and Renewal of 

Licenses 

A. The term of all Licenses issued 

under this Ordinance shall be for a 

period not to exceed one (1) year from 

the original date of issuance and may be 

renewed thereafter on a year-to-year 

basis, in compliance with this 

Ordinance and any rules and/or 

regulations hereafter adopted by the 

Alcohol Regulatory Authority. 

B. Each License may be considered for 

renewal by the Alcohol Regulatory 

Authority annually upon the Licensee’s 

submission of a new application and 

payment of all fees. Such renewal 

application shall be submitted to the 

Alcohol Regulatory Authority at least 

sixty (60) days and no more than ninety 

(90) days prior to the expiration of an 

existing License. If a License is not 

renewed prior to its expiration, the 

Licensee shall cease and desist all 

activity as permitted under the License, 

including the sale of any Alcoholic 

Beverages, until the renewal of such 

License is properly approved by the 

Alcohol Regulatory Authority. 

Section 4.4. Classes of Licenses 

The Alcohol Regulatory Authority 

shall have the authority to issue the 

following classes of Alcoholic Beverage 

License: 

A. ‘‘Retail On-Site General License’’ 

authorizing the Licensee to sell 

Alcoholic Beverages at retail to be 

consumed by the buyer only on the 

premises or location designated in the 

License. This class of License includes, 

but is not limited to, hotels where 

Alcoholic Beverages may be sold for 

consumption on the premises and in the 

rooms of bona fide registered guests. 

B. ‘‘Retail On-Site Beer and Wine 

License’’ authorizing the Licensee to sell 

only beer and wine at retail to be 

consumed by the buyer only on the 

premises or location designated in the 

License. This class of License includes, 

but is not limited to, hotels where beer 

and/or wine may be sold for 

consumption on the premises and in the 

rooms of bona fide registered guests. 

C. ‘‘Retail Off-Site General License’’ 

authorizing the Licensee to sell 


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Alcoholic Beverages at retail to be 

consumed by the buyer off of the 

premises or at a location other than the 

one designated in the License. 

D. ‘‘Retail Off-Site Beer and Wine 

License’’ authorizing the Licensee to sell 

only beer and wine at retail to be 

consumed by the buyer off of the 

premises or at a location other than the 

one designated in the License. 

E. ‘‘Manufacturer’s License’’ 

authorizing the Applicant to 

manufacture Alcoholic Beverages for the 

purpose of wholesale to retailers on or 

off Tribal lands, but not authorizing the 

sale of Alcoholic Beverages at retail. 

F. ‘‘Temporary License’’ authorizing 

the sale of Alcoholic Beverages on a 

temporary basis for a specific premises 

or location temporarily occupied by the 

Licensee for a picnic, social gathering, 

or similar occasion. A Temporary 

License is only valid for the limited 

time as designated on the License, 

which shall not exceed thirty (30) days, 

and may not be renewed upon 

expiration. A new application must be 

submitted for each such License. 

Section 4.5. Application Form and 

Content 

An application for any License shall 

be made to the Alcohol Regulatory 

Authority and shall contain at least the 

following information: 

A. The name and address of the 

Applicant, including the names and 

addresses of all of the principal officers, 

directors, managers, and other 

employees with primary management 

responsibility related to the sale of 

Alcoholic Beverages; 

B. The specific area, location, and/or 

premise(s) for which the License is 

applied; 

C. The hours that the Applicant will 

sell the Alcoholic Beverages; 

D. For Temporary Licenses, the dates 

for which the License is sought to be in 

effect; 

E. The class of Alcoholic Beverage 

License applied for, as set forth in 

Section 4.4 herein; 

F. Whether the Applicant has an 

Oklahoma Liquor License; 

G. A sworn statement by the 

Applicant to the effect that none of the 

Applicant’s officers, directors, 

managers, and or employees with 

primary management responsibility 

related to the sale of Alcoholic 

Beverages, have ever been convicted of 

a felony under the law of any 

jurisdiction, and have not violated and 

will not violate or cause or permit to be 

violated any of the provisions of this 

Ordinance; and 

H. The application shall be signed 

and verified by the Applicant under 

oath and notarized by a duly authorized 

representative. 

Section 4.6. Public Hearing 

A. Upon receipt of an application for 

issuance or renewal of a License, and 

the payment of any fees required by the 

Alcohol Regulatory Authority, the 

Alcohol Regulatory Authority shall set 

the consideration of such application for 

a public hearing. Notice of the time and 

place of such hearing shall be mailed to 

the Applicant and provided to the 

public at least twenty (20) calendar days 

before the date of the hearing. Notice 

shall be mailed to the Applicant by 

prepaid U.S. mail at the address listed 

in the application. Notice shall be 

provided to the public by publication in 

a newspaper of general circulation 

within the jurisdiction of the Tribe. The 

notice published in the newspaper shall 

include: (i) The name of the Applicant; 

(ii) whether the hearing will consider a 

new License issuance or renewal of an 

existing License; (iii) the class of 

License applied for; and (iv) an address 

and general description of the area 

where the Alcoholic Beverages will be 

or have been sold. 

B. At such hearings, the Alcohol 

Regulatory Authority shall hear from 

any person who wishes to speak for or 

against the application, subject to the 

limitation in paragraph (C) of this 

section, and any other limitations 

herein. 

C. The Alcohol Regulatory Authority 

shall have the authority to place time 

limits on each speaker and limit or 

prohibit repetitive testimony. 

Section 4.7. Action on the Application 

The Alcohol Regulatory Authority 

shall act on the matter within thirty (30) 

days of the conclusion of the public 

hearing. The Alcohol Regulatory 

Authority shall have the authority to 

deny, approve, or approve with 

conditions, the application, consistent 

with this Ordinance and the laws of the 

Tribe. Upon approval of an application, 

the Alcohol Regulatory Authority shall 

issue a License to the Applicant in a 

form to be approved from time to time 

by the Alcohol Regulatory Authority. 

Section 4.8. Denial of License or 

Renewal 

An application for a new License or 

License renewal may be denied for one 

or more of the following reasons. 

A. The Applicant materially 

misrepresented facts contained in the 

application; 

B. The Applicant is currently not in 

compliance with this Ordinance or any 

other Tribal or Federal laws; 

C. Granting of the License, or renewal 

thereof, would create a threat to the 

peace, safety, morals, health, or welfare 

of the Tribe; 

D. The Applicant has failed to 

complete the application properly or 

has failed to tender the appropriate fee. 

E. A verdict or judgment has been 

entered against or a plea of nolo 

contendere has been entered by an 

Applicants’ officer, director, manager, or 

any other employee with primary 

management responsibility related to 

the sale of Alcoholic Beverages, to any 

offense under Tribal, Federal, or State 

laws prohibiting or regulating the sale, 

use, possession or giving away of 

Alcoholic Beverages. 

Section 4.9. Temporary Denial 

If the application is denied solely on 

the basis of § 4.8(D), the Alcohol 

Regulatory Authority shall, within 

fourteen (14) days of such action, 

deliver in person or by mail a written 

notice of temporary denial to the 

Applicant. Such notice of temporary 

denial shall: (i) Set forth the reason(s) 

for denial; and (ii) state that the 

temporary denial will become a 

permanent denial if the reason(s) for 

denial are not corrected within fifteen 

(15) days following the mailing or 

personal delivery of such notice. 

Section 4.10. Cure 

If an Applicant is denied a License, 

the Applicant may cure the deficiency 

and resubmit the application for 

consideration. Each re-submission will 

be treated as a new application for 

License or renewal of a License, and the 

appropriate fee shall be due upon resubmission. 

Section 4.11. Investigation. 

Upon receipt of an application for the 

issuance or renewal of a License, the 

Alcohol Regulatory Authority shall 

make a thorough investigation to 

determine whether the Applicant and 

the premises or location for which a 

License is applied for qualifies for a 

License, and whether the provisions of 

this Ordinance have been complied 

with. The Alcohol Regulatory Authority 

shall investigate all matters connected 

therewith which may affect the public 

health, welfare, and morals. 

Section 4.12. Procedures for Appealing 

a Denial or Condition of Application 

Any Applicant for a License, or 

Licensee, who believes the denial of 

their License, request for renewal, or 

condition imposed on their License was 

wrongfully determined may appeal the 

decision to the Alcohol Regulatory 

Authority in accordance with § 4.15 of 


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this Ordinance and with the Alcohol 

Regulatory Authority Rules and 

Regulations. The Alcohol Regulatory 

Authority’s decision on the appeal shall 

be considered a final decision by the 

Kaw Nation and shall not be appealed 

to the Tribal Court. 

[As amended by Resolution 09–34 on 

March 20, 2009.] 

Section 4.13. Revocation of License 

The Alcohol Regulatory Authority 

may initiate action to revoke a License 

whenever it is brought to the attention 

of the Alcohol Regulatory Authority that 

a Licensee: 

A. Has materially misrepresented 

facts contained in any License 

application; 

B. Is not in compliance with this 

Ordinance or any other Tribal or Federal 

laws material to the issue of Alcohol 

licensing; 

C. Failed to comply with any 

condition of a License, including failure 

to pay taxes on the sale of Alcoholic 

Beverages or failure to pay any fee 

required under this Ordinance; 

D. Has had a verdict, or judgment 

entered against, or has had a plea of 

nolo contendere entered by any of its 

officers, directors, managers or any 

employees with primary responsibility 

over the sale of Alcoholic Beverages, as 

to any offense under Tribal, Federal or 

State laws prohibiting or regulating the 

sale, use, or possession, of Alcoholic 

Beverages; 

E. Failed to take reasonable steps to 

correct objectionable conditions 

constituting a nuisance on the premises 

or location designated in the License, or 

any adjacent area under their control, 

within a reasonable time after receipt of 

a notice to make such corrections has 

been mailed or personally delivered by 

the Alcohol Regulatory Authority; or 

F. Has had their Oklahoma Liquor 

License suspended or revoked. 

Section 4.14. Initiation of Revocation 

Proceedings 

Revocation proceedings may be 

initiated by either: (i) The Alcohol 

Regulatory Authority, on its own motion 

and through the adoption of an 

appropriate resolution meeting the 

requirements of this section; or (ii) by 

any person who files a complaint with 

the Alcohol Regulatory Authority. The 

complaint shall be in writing and signed 

by the maker. Both the complaint and 

resolution shall state facts showing that 

there are specific grounds under this 

Ordinance which would authorize the 

Alcohol Regulatory Authority to revoke 

the License(s). The Alcohol Regulatory 

Authority shall cause the consideration 

of such revocation to be set for a public 

hearing before the Alcohol Regulatory 

Authority on a date no later than thirty 

(30) days from the Alcohol Regulatory 

Authority’s receipt of a complaint or 

adoption of a resolution. Notice of the 

time, date, and place of such hearing 

shall be provided to the Licensee and 

the public in the same manner as set 

forth in § 4.6 herein. The notice of such 

hearing shall state that the Licensee has 

the right to file a written response to the 

complaint or resolution with the 

Alcohol Regulatory Authority, verified 

under oath and signed by the Licensee, 

no later than ten (10) days prior to the 

hearing date. 

Section 4.15. Revocation Hearing 

Any hearing held on any complaint 

shall be held under such rules and 

regulations as the Alcohol Regulatory 

Authority shall prescribe. Both the 

Licensee and the person filing the 

complaint shall have the right to present 

witnesses to testify and to present 

written documents in support of their 

positions to the Alcohol Regulatory 

Authority. The Alcohol Regulatory 

Authority shall render its decision 

within sixty (60) days after the date of 

the hearing. The decision of the Alcohol 

Regulatory Authority shall be 

considered a final decision by the Kaw 

Nation. 

[As amended by Resolution 09–34 on 

March 20, 2009.] 

Section 4.16. Delivery of License 

Upon revocation of a License, the 

Licensee shall forthwith deliver their 

License to the Alcohol Regulatory 

Authority. 

Section 4.17. Transferability of Licenses 

Alcoholic Beverage Licenses shall be 

issued to a specific Licensee for use at 

a single premises or location (business 

enterprise) and shall not be transferable 

for use by any other premises or 

location. Separate Licenses shall be 

required for each of the premises of any 

Licensee having more than one premises 

or location where the sale, distribution, 

or manufacture of Alcoholic Beverages 

may occur. 

Section 4.18. Posting of License 

Every Licensee shall post and keep 

posted its License(s) in a prominent and 

conspicuous place(s) on the premises or 

location designated in the License. Any 

License posed on a premises or location 

not designated in such License shall not 

be considered valid and shall constitute 

a separate violation of this Ordinance. 

Article V. Powers of Enforcement 

Section 5.1. Alcohol Regulatory 

Authority 

In furtherance of this Ordinance, the 

Alcohol Regulatory Authority shall have 

exclusive authority to administer and 

implement this Ordinance and shall 

have the following powers and duties 

hereunder: 

A. To adopt and enforce rules and 

regulations governing the sale, 

manufacture, distribution, and 

possession of Alcoholic Beverages 

within the Tribal lands of the Kaw 

Nation; 

B. To employ such persons as may be 

reasonably necessary to perform all 

administrative and regulatory 

responsibilities of the Alcohol 

Regulatory Authority hereunder. All 

such employees shall be employees of 

the Tribe; 

C. To issue Licenses permitting the 

sale, manufacture, distribution, and 

possession of Alcoholic Beverages 

within the Tribal lands; 

D. To give reasonable notice and to 

hold hearings on violations of this 

Ordinance, and for consideration of the 

issuance or revocation of Licenses 

hereunder; 

E. To deny applications and renewals 

for Licenses and revoke issued Licenses 

as provided in this Ordinance; 

F. To bring such other actions as may 

be required to enforce this Ordinance; 

G. To prepare and deliver such 

reports as may be required by law or 

regulation; and 

H. To collect taxes, fees, and penalties 

as may be required, imposed, or allowed 

by law or regulation, and to keep 

accurate books, records, and accounts of 

the same. 

Section 5.2. Right of Inspection 

Any premises or location of any 

commercial enterprise licensed to 

manufacture, distribute, or sell 

Alcoholic Beverages pursuant to this 

Ordinance shall be open for inspection 

by the Alcohol Regulatory Authority for 

the purpose of insuring the compliance 

or noncompliance of the Licensee with 

all provisions of this Ordinance and any 

applicable Tribal laws or regulations. 

Section 5.3. Limitation on Powers 

In the exercise of its powers and 

duties under this Ordinance, agents, 

employees, or any other affiliated 

persons of the Alcohol Regulatory 

Authority shall not, whether 

individually or as a whole: 

A. Accept any gratuity, compensation, 

or other thing of value from any 

Alcoholic Beverage wholesaler, retailer, 

or distributor, or from any Applicant or 

Licensee; or 


PWALKER on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices 38225 

B. Waive the sovereign immunity of 

the Kaw Nation, or of any agency, 

commission, or entity thereof without 

the express written consent by 

resolution of the Executive Council of 

the Kaw Nation. 

Article VI. Taxes 

Section 6.1. Excise Tax 

There is hereby levied and shall be 

collected a tax on each retail and or 

wholesale sale of Alcoholic Beverages 

on Tribal lands in the amount of one 

percent (1%) of the wholesale or retail 

sales price. All such taxes collected by 

a Licensee from the sale of such 

Alcoholic Beverages shall be paid to the 

Alcohol Regulatory Authority quarterly. 

The Alcohol Regulatory Authority shall 

deposit such funds into a separate 

account under exclusive authority of the 

Alcohol Regulatory Authority. This tax 

rate may be adjusted as requested by the 

Alcohol Regulatory Authority and 

approved by written resolution of the 

Executive Council. 

Section 6.2. Taxes Due 

All taxes collected on the sale of 

Alcoholic Beverages under this 

Ordinance are due to the Alcohol 

Regulatory Authority from a Licensee on 

the 15th day of the month following the 

end of the calendar quarter for which 

taxes are due. 

Section 6.3. Delinquent Taxes 

Past due taxes shall accrue interest at 

the rate of two percent (2%) per month 

until paid. 

Section 6.4. Reports 

Along with the payment of taxes 

imposed hereby, the Licensee shall 

submit a quarterly report and 

accounting of all income from the sale, 

distribution, and or manufacture of 

Alcoholic Beverages within Tribal 

lands, and for all taxes collected under 

this Ordinance. 

Section 6.5. Audit 

All Licensees are subject to the review 

or audit of their books and records 

relating to the sale of Alcoholic 

Beverages hereunder by the Alcohol 

Regulatory Authority. Such review or 

audit may be performed periodically by 

Alcohol Regulatory Authority’s agents 

or employees at such times as in the 

opinion of the Alcohol Regulatory 

Authority such review or audit is 

appropriate to the proper enforcement 

of this Ordinance. 

Article VII. Rules, Regulations, and 

Enforcement 

Section 7.1. Manufacture, Sale, or 

Distribution Without License 

Any person who manufactures, 

distributes, sells, or offers for sale or 

distribution, any Alcoholic Beverage in 

violation of this Ordinance, or who 

operates any commercial enterprise on 

Tribal lands that has Alcoholic 

Beverages for sale or in their possession 

without a proper License properly 

posted, as required in Section 4.18, shall 

be in violation of this Ordinance. 

Section 7.2. Unlawful Purchase 

Any person who purchases any 

Alcoholic Beverage on Tribal lands from 

a person or commercial enterprise that 

does not have a License to manufacture, 

distribute, or sell Alcoholic Beverages 

properly posted shall be in violation of 

this Ordinance. 

Section 7.3. Intent To Sell 

Any person who keeps, or possesses, 

or causes another to keep or possess, 

upon his person or any premises within 

his control, any Alcoholic Beverage, 

with the intent to sell or to distribute 

the same contrary to the provisions of 

this Ordinance, shall be in violation of 

this Ordinance. 

Section 7.4. Sale to Intoxicated Person 

Any person who knowingly sells or 

serves an Alcoholic Beverage to a 

person who is visibly intoxicated shall 

be in violation of this Ordinance. 

Section 7.5. Public Conveyance 

Any person engaged in the business of 

carrying passengers for hire, and every 

agent, servant, or employee of such 

person, who shall knowingly permit any 

person to consume any Alcoholic 

Beverage in any such public conveyance 

shall be in violation of this Ordinance. 

Section 7.6. Age of Consumption 

No person under the age of twentyone (21) years may possess or consume 

any Alcoholic Beverage on Tribal lands, 

and any such possession or 

consumption shall be in violation of this 

Ordinance. 

Section 7.7. Serving Underage Person 

No person shall sell or serve any 

Alcoholic Beverage to a person under 

the age of twenty-one (21) or permit any 

such person to possess or consume any 

Alcoholic Beverages on the premises or 

on any premises under their control. 

Any Licensee violating this section shall 

be guilty of a separate violation of this 

Ordinance for each and every Alcoholic 

Beverage sold or served and or 

consumed by such an underage person. 

Section 7.8. False Identification 

Any person who purchases or who 

attempts to purchase any Alcoholic 

Beverage through the use of false, or 

altered identification that falsely 

purports to show such person to be over 

the age of twenty-one (21) years shall be 

in violation of this Ordinance. 

Section 7.9. Documentation of Age 

Any seller or server of any Alcoholic 

Beverage shall be required to request 

proper and satisfactory documentation 

of age of any person who appears to be 

thirty-five (35) years of age or younger. 

When requested by a seller or server of 

Alcoholic Beverages, every person shall 

be required to present proper and 

satisfactory documentation of the 

bearer’s age, signature, and photograph 

prior to the purchase or delivery of any 

Alcoholic Beverage. For purposes of this 

Ordinance, proper and satisfactory 

documentation shall include one or 

more of the following: 

A. Drivers License or personal 

identification card issued by any State 

department of motor vehicles or tribal or 

Federal government agency; 

B. United States active duty military 

credentials; or 

C. Passport. 

Any seller, server, or person 

attempting to purchase an Alcoholic 

Beverage, who does not comply with the 

requirements of this section shall be in 

violation of this Ordinance and subject 

to civil penalties, as determined by the 

Alcohol Regulatory Authority. 

Section 7.10. General Penalties 

Any person or commercial enterprise 

determined by the Alcohol Regulatory 

Authority to be in violation of this 

Ordinance, including any lawful 

regulation promulgated pursuant 

thereto, shall be subject to a civil 

penalty of not more than Five Hundred 

Dollars ($500.00) for each such 

violation, except as provided herein. 

The Alcohol Regulatory Authority may 

adopt by resolution a separate written 

schedule for fines for each type of 

violation, taking into account the 

seriousness and threat the violation may 

pose to the general public health and 

welfare. Such schedule may also 

provide, in the case of repeated 

violations, for imposition of monetary 

penalties greater than the Five Hundred 

Dollars ($500.00) per violation 

limitation set forth above. The civil 

penalties provided for herein shall be in 

addition to any criminal penalties that 

may be imposed under any other Tribal, 

Federal, or State laws. 


PWALKER on DSK8KYBLC1PROD with NOTICES
38226 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices 

Section 7.11. Initiation of Action 

Any violation of this Ordinance shall 

constitute a public nuisance. The 

Alcohol Regulatory Authority may 

initiate and maintain an action in Tribal 

Court or any court of competent 

jurisdiction to abate and permanently 

enjoin any nuisance declared under this 

Ordinance. Any action taken under this 

section shall be in addition to any other 

civil penalties provided for in this 

Ordinance. The Alcohol Regulatory 

Authority shall not be required to post 

any form of bond in such action. 

Section 7.12. Contraband; Seizure; 

Forfeiture 

A. All Alcoholic Beverages held, 

owned, or possessed within Tribal lands 

by any person, commercial enterprise, 

or Licensee operating in violation of this 

Ordinance are hereby declared to be 

contraband and subject to seizure and 

forfeiture to the Tribe. 

B. Seizure of contraband as defined in 

this Ordinance shall be done by the 

Alcohol Regulatory Authority, with the 

assistance of law enforcement upon 

request, and all such contraband seized 

shall be inventoried and maintained by 

the Alcohol Regulatory Authority 

pending a final order of the Alcohol 

Regulatory Authority. The owner of the 

contraband seized may alternatively 

request that the contraband seized be 

sold and the proceeds received there 

from be maintained by law enforcement 

pending a final order of the Alcohol 

Regulatory Authority. The proceeds 

from such a sale are subject to forfeiture 

in lieu of the seized contraband. 

C. Within ten (10) days following the 

seizure of such contraband, a hearing 

shall be held by the Alcohol Regulatory 

Authority, at which time the operator or 

owner of the contraband shall be given 

an opportunity to present evidence in 

defense of his or her activities. 

D. Notice of the hearing of at least five 

(5) days shall be given to the person 

from whom the property was seized and 

the owner, if known. If the owner is 

unknown, notice of the hearing shall be 

posted at the place where the 

contraband was seized and at other 

public places on Tribal lands. The 

notice shall describe the property 

seized, and the time, place, and cause of 

seizure, and list the name and place of 

residence, if known, of the person from 

whom the property was seized. If upon 

the hearing, the evidence warrants, or, 

if no person appears as a claimant, the 

Alcohol Regulatory Authority shall 

thereupon enter a judgment of 

forfeiture, and all such contraband shall 

become the property of the Kaw Nation. 

If upon the hearing the evidence does 

not warrant forfeiture, the seized 

property shall be immediately returned 

to the owner. The decision of forfeiture 

may be appealed in accordance with the 

procedures as set forth in § 4.15 and the 

appeal decision of the Alcohol 

Regulatory Authority shall be 

considered a final decision by the Kaw 

Nation. Further such seizures as 

described in this section shall not 

exceed an amount of $5,000.00 as set 

forth in 25 U.S.C. 1302(7). 

[As amended by Resolution 09–34 on 

March 20, 2009.] 

Article VIII. Nuisance and Abatement 

Section 8.1. Nuisance 

Any room, house, building, vehicle, 

structure, premises, or other location 

where Alcoholic Beverages are sold, 

manufactured, distributed, bartered, 

exchanged, given away, furnished, or 

otherwise possessed or disposed of in 

violation of this Ordinance, or of any 

other Tribal, Federal, or State laws 

related to the transportation, possession, 

distribution or sale of Alcoholic 

Beverages, and including all property 

kept therein, or thereon, and used in, or 

in connection with such violation is 

hereby declared to be a nuisance upon 

any second or subsequent violation of 

the same. 

Section 8.2. Action To Abate Nuisance 

Upon a determination by the Alcohol 

Regulatory Authority that any such 

place or activity is a nuisance under any 

provision of this Ordinance, the Tribe or 

the Alcohol Regulatory Authority may 

bring a civil action in the Tribal Court 

to abate and to perpetually enjoin any 

such activity declared to be a nuisance. 

Such injunctive relief may include a 

closure of any business or other use of 

the property for up to one (1) year from 

the date of the such injunctive relief, or 

until the owner, lessee or tenant shall: 

(i) Give bond of no less than TwentyFive Thousand dollars ($25,000) to be 

held by the Alcohol Regulatory 

Authority and be conditioned that any 

further violation of this Ordinance or 

other Tribal laws will result in the 

forfeiture of such bond; and (ii) pay of 

all fines, costs and assessments against 

him/her/it. If any condition of the bond 

is violated, the bond shall be forfeit and 

the proceeds recoverable by the Alcohol 

Regulatory Authority through an order 

of the Tribal Court. Any action taken 

under this section shall be in addition 

to any other civil penalties provided for 

in this Ordinance. 

Article IX. Revenue and Reporting 

Section 9.1. Use and Appropriation of 

Revenue Received 

All fees, taxes, payments, fines, costs, 

assessments, and any other revenues 

collected by the Alcohol Regulatory 

Authority under this Ordinance, from 

whatever sources, shall be expended 

first for the administrative costs 

incurred in the administration and 

enforcement of this Ordinance. Any 

excess funds shall be subject to and 

available for appropriation by the 

Alcohol Regulatory Authority to the 

Tribe for essential governmental and 

social services related to drug and 

alcohol education, counseling, 

treatment, and law enforcement. 

Section 9.2. Audit 

The Alcohol Regulatory Authority 

and its handling of all funds collected 

under this Ordinance is subject to 

review and audit by the Tribe as part of 

the annual financial audit of the 

Alcohol Regulatory Authority. 

Section 9.3. Reports 

The Alcohol Regulatory Authority 

shall submit to the Executive Council a 

quarterly report and accounting of all 

fees, taxes, payments, fines, costs, 

assessments, and all other revenues 

collected and expended pursuant to this 

Ordinance. 

Article X. Miscellaneous 

Section 10.1. Severability 

If any provision or application of this 

Ordinance is found invalid and or 

unenforceable by a court of competent 

jurisdiction, such determination shall 

not be held to render ineffectual any of 

the remaining provisions or applications 

of this Ordinance not specifically 

identified thereby, or to render such 

provision to be inapplicable to other 

persons or circumstances. 

Section 10.2. Construction 

Nothing in this Ordinance shall be 

construed to diminish or impair in any 

way the rights or sovereign powers of 

the Kaw Nation. 

Section 10.3. Effective Date 

This Ordinance shall be effective 

upon: (i) Adoption by written resolution 

of the Executive Council; (ii) 

certification by the Secretary of the 

Interior; and (iii) publication in the 

Federal Register. This Ordinance shall 

be recorded in the office of the Clerk of 

the Tribal Court upon publication in the 

Federal Register. 


PWALKER on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices 38227 

Section 10.4. Prior Law Repealed 

Any and all prior enactments of the 

Kaw Nation that are inconsistent with 

the provisions of this Ordinance are 

hereby rescinded. 

Section 10.5. Amendment 

This Ordinance may only be amended 

by written resolution approved by the 

Executive Council. 

[FR Doc. E9–18294 Filed 7–30–09; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

National Register of Historic Places; 

Notification of Pending Nominations 

and Related Actions 

Nominations for the following 

properties being considered for listing 

or related actions in the National 

Register were received by the National 

Park Service before July 18, 2009. 

Pursuant to section 60.13 of 36 CFR 

Part 60 written comments concerning 

the significance of these properties 

under the National Register criteria for 

evaluation may be forwarded by United 

States Postal Service, to the National 

Register of Historic Places, National 

Park Service, 1849 C St., NW., 2280, 

Washington, DC 20240; by all other 

carriers, National Register of Historic 

Places, National Park Service, 1201 Eye 

St., NW., 8th floor, Washington, DC 

20005; or by fax, 202–371–6447. Written 

or faxed comments should be submitted 

by August 17, 2009. 

J. Paul Loether, 

Chief, National Register of Historic Places/ 

National Historic Landmarks Program. 

MARYLAND 

Baltimore County 

Baltimore County Jail, 222 Courthouse Court, 

Towson, 09000644 

Kent County 

Still Pond Historic District, Still Pond Rd., 

Old Still Pond Rd., Main St., Medders Rd., 

Maple Ave., Trustee St., Still Pond, 

09000645 

MASSACHUSETTS 

Norfolk County 

Sea Street Historic District, Roughly bounded 

by Bridge, North, Neck Sts., Crescent Rd., 

Pearl St. and rear of Standish St., 

Weymouth, 09000646 

Plymouth County 

Tarklin School, 245 Summer St., Duxbury, 

09000647 

MISSOURI 

Cape Girardeau County 

Old Appleton Bridge, Main St. over Apple 

Creek, Old Appleton, 09000648 

Perry County 

Old Appleton Bridge, Main St. over Apple 

Creek, Old Appleton, 09000648 

NEBRASKA 

Douglas County 

Northern Natural Gas Building, 2223 Dodge 

St., Omaha, 09000649 

Merrick County 

Nelson Farm, Address Restricted, Central 

City, 09000650 

NEW JERSEY 

Burlington County 

Zurburgg Mansion, 531 Delaware Ave., 

Delanco, 09000651 

Hunterdon County 

Lebanon Historic District, Main St., Cherry 

St., Brunswick Ave., Maple St., High St., 

Lebanon Borough, 09000652 

Sussex County 

Casper and Abraham Shafer Grist Mill 

Complex, 928 Main St., Stillwater 

Township, 09000653 

NEW YORK 

Chenango County 

Emmanuel Episcopal Church Complex, 37 W. 

Main St., Norwich, 09000654 

Monroe County 

Linden-South Historic District, 25–272 

Linden St., both sides; 809–835 South 

Ave., odd numbers only, Rochester, 

09000655 

Suffolk County 

Foster-Meeker House, 101 Mill Rd., 

Westhampton Beach, 09000656 

Tompkins County 

Rogues Harbor Inn, 2079 E. Shore Dr., 

Lansing, 09000657 

NORTH CAROLINA 

Edgecombe County 

Rocky Mount Central City Historic District 

(Boundary Increase and Decrease), Portions 

of 26 blocks on Main, Washington, Church, 

Battle, Hammond, Hill, Howard, Ivy, Gay, 

Goldleaf, and Thomas Sts., Rocky Mount, 

09000659 

Greene County 

Snow Hill Historic District (Boundary 

Increase), W. Harper St. between W. 6th St. 

and W. 4th St., Snow Hill, 09000658 

Nash County 

Rocky Mount Central City Historic District 

(Boundary Increase and Decrease), Portions 

of 26 blocks on Main, Washington, Church, 

Battle, Hammond, Hill, Howard, Ivy, Gay, 

Goldleaf, and Thomas Sts., Rocky Mount, 

09000659 

Person County 

Roxboro Cotton Mill, 115 Lake Dr., Roxboro, 

09000660 

Wake County 

Carolina Coach Garage and Shop, 510 E. 

Drive St., Raleigh, 09000661 

Wayne County 

Yelverton, Dred and Ellen, House, 1979 NC 

222 E., Fremont, 09000662 

TENNESSEE 

Greene County 

Maden Hall Farm, 3225 Kingsport Highway, 

Greeneville, 09000667 

VIRGINIA 

Culpeper County 

South East Street Historic District, S. E., E. 

Asher, E. Chandler, and Page Sts., and 

Culpeper National Cemetery, Culpeper, 

09000663 

Loudoun County 

Rock Hill Farm, 20775 Airmont Rd., 

Bluemont, 09000664 

Petersburg Independent city 

Atlantic Coast Line Railroad Commercial and 

Industrial Historic District, 200–300 W. 

Washington, 4–42 S. Market, 100–100 

Perry, 200–300 block W. Wythe, 200 block 

Brown Sts., Petersburg, 09000665 

Roanoke County 

Anderson-Doosing Farm, 7474 VA 785, 

Catawba, 09000666 

[FR Doc. E9–18359 Filed 7–30–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

National Register of Historic Places; 

Weekly Listing of Historic Properties 

Pursuant to (36 CFR 60.13(b, c)) and 

(36 CFR 63.5), this notice, through 

publication of the information included 

herein, is to apprise the public as well 

as governmental agencies, associations 

and all other organizations and 

individuals interested in historic 

preservation, of the properties added to, 

or determined eligible for listing in, the 

National Register of Historic Places from 

June 1 to June 6, 2009. 

For further information, please 

contact Edson Beall via: United States 

Postal Service mail, at the National 

Register of Historic Places, 2280, 

National Park Service, 1849 C St., NW., 

Washington, DC 20240; in person (by 

appointment), 1201 Eye St., NW., 8th 

floor, Washington, DC 20005; by fax, 

202–371–2229; by phone, 202–354– 

2255; or by e-mail, 

Edson_Beall@nps.gov. 


PWALKER on DSK8KYBLC1PROD with NOTICES