Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices 50233 

Estimated Cost: There is no annual 

reporting recordkeeping cost associated 

with this collection. 

Comments 

Comments may be submitted as 

indicated in the ADDRESSES caption 

above. Comments are solicited to (a) 

Evaluate whether the proposed data 

collection is necessary for the proper 

performance of the agency, including 

whether the information shall have 

practical utility; (b) evaluate the 

accuracy of the agency’s estimate of the 

burden of the proposed collection of 

information, including the validity of 

the methodology and assumptions used; 

(c) enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) minimize the burden 

of the collection of information on those 

who are to respond, including through 

the use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Larry Gray, 

Director, Records Management Division, 

Office of Management, Federal Emergency 

Management Agency, Department of 

Homeland Security. 

[FR Doc. E9–23520 Filed 9–29–09; 8:45 am] 

BILLING CODE 9111–78–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Cherokee Nation Limited Mixed 

Beverage Sales Act 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

legislation passed by the Cherokee 

Nation amending Cherokee Nation 

Legislative Act # 09–04 that regulates 

and controls the possession, sale, and 

consumption of liquor within the tribal 

lands. The tribal lands are located in 

Indian country and this enactment 

allows for possession and sale of 

alcoholic beverages within their 

boundaries. This law 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 October 30, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Charles Head, Tribal Government 

Services Officer, Eastern Oklahoma 

Regional Office, PO Box 8002, 

Muskogee, OK 74402–8002, Telephone: 

(918) 781–4685, Fax (918) 781–4649; 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 governing body of the Cherokee 

Nation passed the Limited Mixed 

Beverage Sales Act on July 14, 2008. 

This enactment amends the Cherokee 

Nation’s alcohol control laws last 

published in the Federal Register June 

28, 2004. The purpose of this 

amendment is to authorize the Cherokee 

Nation’s limited liability company or 

other person to apply for a license to 

establish liquor retail sales at various 

locations 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 Limited Mixed Beverage 

Sales Act—Legislative Act #41–03 was 

enacted by the legislative body of the 

Cherokee Nation on July 14, 2008. 

Dated: September 21, 2009. 

Larry Echo Hawk, 

Assistant Secretary—Indian Affairs. 

The Limited Mixed Beverage Sales 

Act of the Cherokee Nation reads as 

follows: 

Legislative Act 13–08 

A Legislative Act Amending the 

Cherokee Nation Limited Mixed 

Beverage Sales Act—Legislative Act 

#41–03, as Amended by Legislative Act 

#09–04 

Be It Enacted by the Cherokee Nation: 

Title and Codification: 

This Act shall be known as the 2008 

Technical Amendment to The Cherokee 

Nation Limited Mixed Beverage Sales 

Act and codified as ____ (Title) ____ 

(Section) ____ of the Cherokee Nation 

Code Annotated. The Cherokee Nation 

Limited Mixed Beverage Sales Act is 

hereby amended to read as follows: 

Section 1. Title and Codification 

This Act shall be known as The 

Cherokee Nation Limited Mixed 

Beverage Sales Act and codified as 

__________ (Title) _________ (Section) 

___________ of the Cherokee Nation 

Code Annotated. 

Section 2. Authority 

This legislation is enacted by the 

authority of the Cherokee Nation Tribal 

Council under Article V, Section 7 of 

the Constitution of the Cherokee Nation 

and the Federal Act of August 15, 1953, 

67 Stat. 586, codified at 18 U.S.C. 

Section 1161. 

Section 3. Purpose 

This Act authorizes the Board of 

Directors of Cherokee Nation 

Enterprises, LLC (‘‘CNE’’), a limited 

liability company wholly owned by the 

Cherokee Nation, or other person 

approved by CNE, to apply for a license 

from the Tax Commission to establish 

retail liquor sales at designated 

locations within hotel, restaurant, 

entertainment and/or gaming operations 

located on trust land. The purpose of 

this Act is to regulate and control the 

possession and sale of liquor on trust 

land. This enactment will increase the 

ability of the Cherokee Nation to control 

the sale, distribution and possession of 

liquor at limited and designated areas 

on tribal trust land. 

Section 4. Application of 18 U.S.C. 

Section 1161 

Federal law requires that any Indian 

tribal authorization for the sale of liquor 

or other alcoholic beverages must be in 

conformity with the laws of the State 

and approved by an ordinance duly 

adopted by the tribe having jurisdiction 

over such area of Indian country. All 

acts and transactions under this law of 

the Cherokee Nation shall be in 

conformity with federal law and with 

the laws of the State of Oklahoma as 

applicable. 

Section 5. Effective Date 

This Act shall be effective on the date 

of certification by the Secretary of the 

Interior or designee, or the date of its 

publication in the Federal Register, 

whichever is later. 

Section 6. Definitions 

As used in this Act, the following 

words shall have the following 

meanings unless the context clearly 

requires otherwise: 

(a) ‘‘Alcohol’’ means the substance 

known as ethyl alcohol, hydrated oxide 

of ethyl, ethanol, or spirits of wine, from 

whatever source or by whatever process 

produced. 


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50234 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices 

(b) ‘‘Alcoholic Beverage’’ is 

synonymous with the term ‘‘liquor’’ as 

defined in this Chapter. 

(c) ‘‘Board of Directors’’ means the 

Board of Directors of Cherokee Nation 

Enterprises, LLC 

(d) ‘‘CNE’’ means Cherokee Nation 

Enterprises, LLC 

(e) ‘‘Liquor’’ includes mixed 

beverages and all fermented, spirituous, 

vinous, or malt liquor or combinations 

thereof, and mixed liquor, a part of 

which is fermented, and every liquid or 

solid or semisolid or other substance, 

patented or not, containing distilled or 

rectified spirits, potable alcohol, beer, 

wine, brandy, whiskey, rum, gin, 

aromatic bitters, and all drinks or 

drinkable liquids and all preparations or 

mixtures capable of human 

consumption and any liquid, semisolid, 

solid, or other substances, which 

contains more than one half of one 

percent of alcohol. 

(f) ‘‘Sale’’ or ‘‘Sell’’ includes 

exchange, barter and traffic; and also 

includes the selling or supplying or 

distribution, by any means whatsoever, 

of liquor. 

(g) ‘‘Tax Commission’’ means the 

Cherokee Nation Tax Commission. 

(h) ‘‘Trust Land’’ means those lands 

that are held in trust by the United 

States for the Cherokee Nation and not 

for any individual Indian. 

Section 7. Powers of Enforcement 

The Tax Commission. In furtherance 

of this Act, the Tax Commission shall 

have the power to: 

(a) Issue licenses pursuant to Section 

8 of this Act; 

(b) collect the excise tax specified in 

Section 9 of this Act; 

(c) publish and enforce rules and 

regulations adopted by the Tax 

Commission governing the sale, 

consumption and possession of 

alcoholic beverages; 

(d) establish procedure for conducting 

hearings related to licensing; and 

(e) take all necessary steps to enforce 

sections 8 and 9 of this Act, including 

the collection of fees, taxes and damages 

related thereto. 

Section 8. Sales of Liquor 

A. License Required. Sales of liquor 

and alcoholic beverages may only be 

made by CNE, or other person approved 

by CNE, under a license issued by the 

Tax Commission. 

B. Identification. When requested by 

the provider of liquor, any person 

asking to purchase liquor or being 

served in a group shall be required to 

present official documentation bearing 

the holder’s age, signature and 

photograph before being served. Official 

documentation includes one of the 

following: 

(1) Driver’s license or identification 

card issued by any state department of 

motor vehicles or foreign nation; 

(2) United States Military 

identification; 

(3) Official Passport issued by any 

nation and accepted by the United 

States Department of State for entry into 

the United States. 

Section 9. Taxes 

Excise Tax: In lieu of any otherwise 

applicable tribal sales tax on the retail 

sale of liquor for alcoholic beverages, 

there shall be an excise tax in the 

amount of two percent (2%) of the retail 

sales price, to be collected by the Tax 

Commission. These revenues shall be 

used to promote mental health and 

related issues associated with substance 

abuse and shall be reserved for 

expenditure as provided for in the 

annual budget by the Cherokee Nation 

Health Service. The Board of Directors 

shall be entitled to make 

recommendation as to how these 

revenues are expended. 

Section 10. Rules, Regulations, and 

Enforcement 

A. Sales Without License. Any person 

who shall sell or offer for sale, distribute 

or transport, in any manner, liquor in 

violation of this Act, or who shall 

operate or shall have liquor for sale in 

his possession without a license, shall 

be guilty of a violation of this Act 

subjecting him or her to prosecution for 

a crime. 

B. Sale for Personal Consumption. All 

sales shall be for the personal 

consumption of the purchaser or 

persons in a group. Resale of any 

alcoholic beverage is prohibited. Any 

person not licensed pursuant to this Act 

who purchases an alcoholic beverage 

and sells it, whether in the original 

container or not, shall be guilty of a 

crime. 

C. Illegal Purchases. Any person who 

buys liquor from any person other than 

a properly licensed facility shall be 

guilty of a violation of this Act, 

subjecting him or her to prosecution for 

a crime. 

D. Minors. No person under the age of 

21 years shall consume, acquire or have 

in his possession any liquor or alcoholic 

beverage. No person shall permit any 

other person under the age of 21 to 

consume liquor on his premises or any 

premises under his control except in 

those situations set out in this section. 

Any person violating this section shall 

be guilty of a violation of this Act, 

subjecting him or her to prosecution for 

a crime. 

E. Sales to Minors. Any person who 

shall sell or provide any liquor to any 

person under the age of 21 years shall 

be guilty of a crime. 

F. Sales to Intoxicated Persons. Any 

person who shall sell or provide any 

alcoholic beverage to an individual who 

is intoxicated, or appears intoxicated, 

shall be guilty of a crime. 

G. False Identification. Any person 

who transfers in any manner an 

identification of age to a person under 

the age of 21 years for the purpose of 

permitting such person to obtain liquor 

or any alcoholic beverage shall be in 

violation of this Act, subjecting him or 

her to prosecution for a crime. 

H. Using False Identification. Any 

person who attempts to purchase liquor 

or any alcoholic beverage through the 

use of false or altered identification 

which falsely purports to show the 

individual to be over the age of 21 years 

shall be guilty of violating this Act, 

subjecting him or her to prosecution for 

a crime. 

I. Punishment. Any person found 

guilty of a crime under this section may 

be punished by imprisonment for up to 

one (1) year and/or fined up to $500.00 

for each violation. 

J. Contraband Liquor. Any liquor, 

possessed contrary to the terms of this 

Act, whether for personal consumption, 

hospitality, sale, or otherwise, is 

declared to be contraband. Any tribal 

law enforcement officer who is 

authorized to enforce this section shall 

seize all contraband and preserve it in 

accordance with the provisions 

established for the preservation of 

impounded property. 

K. Forfeiture. Upon being found in 

violation of this Act, the party shall 

forfeit all right, title and interest in the 

items seized which shall become the 

property of the Cherokee Nation. 

Section 11. Severability and Effective 

Date 

If any provision or application of this 

Act is determined by review to be 

invalid, such determination shall not be 

held to render ineffectual the remaining 

portions of this Act or to render such 

provisions inapplicable to other persons 

or circumstances. 

Enacted by the Council of the 

Cherokee Nation on the 14th day of July, 

2008. 

/s/ Meredith A. Frailey 

Meredith A. Frailey, 

Speaker, Council of the Cherokee Nation. 

Attest: 

/s/ Don Garvin 

Don Garvin, 

Secretary, Council of the Cherokee Nation. 

Approved and signed by the Principal 

Chief this 21st day of July, 2008. 


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Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices 50235 

/s/ Chadwick Smith 

Chadwick Smith, 

Principal Chief, Cherokee Nation. 

Attest: 

/s/ Melanie Knight 

Melanie Knight, 

Secretary of State, Cherokee Nation. 

Yeas and Nays as Recorded: 

Tina Glory Jordan ............................ Yea 

Bill John Baker ................................. Yea 

Joe Crittenden .................................. Nay 

Jodie Fishinghawk ........................... Yea 

Janelle Lattimore Fullbright ............ Yea 

David W. Thornton, Sr. ................... Yea 

Don Garvin ....................................... Yea 

Harley L. Buzzard ............................ Yea 

Curtis G. Snell ................................. Yea 

Meredith A. Frailey ......................... Yea 

Chris Soap ........................................ Yea 

Cara Cowan Watts ........................... Yea 

Buel Anglen ..................................... Yea 

Bradley Cobb .................................... Yea 

Charles Hoskin, Jr. ........................... Yea 

Julia Coates ...................................... Yea 

Jack D. Baker .................................... Yea 

[FR Doc. E9–23542 Filed 9–29–09; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R6–R–2009–N181;60138–1265– 

6CCP–S3] 

Lee Metcalf National Wildlife Refuge, 

Stevensville, MT 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of intent. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), intend to 

gather information necessary to prepare 

a comprehensive conservation plan 

(CCP) and associated environmental 

documents for Lee Metcalf National 

Wildlife Refuge (NWR) in Stevensville, 

Montana. We furnish this notice in 

compliance with Service CCP policy to 

advise other agencies and the public of 

our intentions and to obtain suggestions 

and information on the scope of issues 

to consider in the planning process. 

DATES: To ensure consideration, please 

send your written comments by 

November 13, 2009. 

ADDRESSES: Send your comments or 

requests for more information by any of 

the following methods. 

E-mail: leemetcalf@fws.gov. Include 

‘‘Lee Metcalf CCP’’ in the subject line of 

the message. 

Fax: Laura King, Planning Team 

Leader, 406–644–2661. 

U.S. Mail: Laura King, Planning Team 

Leader, National Bison Range, Division 

of Refuge Planning, 58355 Bison Range 

Road, Moiese, MT 59824. 

In-Person Drop-off: You may drop off 

comments during regular business hours 

at the above address or at the Lee 

Metcalf National Wildlife Refuge office 

located in Stevensville, Montana, at 

4567 Wildfowl Lane. 

FOR FURTHER INFORMATION CONTACT: 

Laura King, 406–644–2211, extension 

210 (phone); or Michael Spratt, Chief, 

Division of Planning, P.O. Box 25486, 

Denver Federal Center, Denver, CO 

80225. 

SUPPLEMENTARY INFORMATION: 

Introduction 

With this notice, we initiate our 

process for developing a CCP for Lee 

Metcalf NWR for the conservation and 

enhancement of its natural resources. 

This notice complies with our CCP 

policy to (1) Advise other Federal and 

State agencies, tribes, and the public of 

our intention to conduct detailed 

planning on this refuge and (2) obtain 

suggestions and information on the 

scope of issues to consider in the 

environmental document and during 

development of the CCP. 

Background 

The CCP Process 

The National Wildlife Refuge System 

Administration Act of 1966 (16 U.S.C. 

668dd–668ee) (Administration Act), as 

amended by the National Wildlife 

Refuge System Improvement Act of 

1997, requires us to develop a CCP for 

each national wildlife refuge. The 

purpose for developing a CCP is to 

provide refuge managers with a 15-year 

plan for achieving refuge purposes and 

contributing toward the mission of the 

National Wildlife Refuge System, 

consistent with sound principles of fish 

and wildlife management, conservation, 

legal mandates, and our policies. In 

addition to outlining broad management 

direction on conserving wildlife and 

their habitats, CCPs identify wildlifedependent recreational opportunities 

available to the public, including 

opportunities for hunting, fishing, 

wildlife observation and photography, 

and environmental education and 

interpretation. We will review and 

update the CCP at least every 15 years 

in accordance with the Administration 

Act. 

Each unit of the National Wildlife 

Refuge System was established for 

specific purposes. We use these 

purposes as the foundation for 

developing and prioritizing the 

management goals and objectives for 

each refuge within the National Wildlife 

Refuge System mission, and to 

determine how the public can use each 

refuge. The planning process is a way 

for us and the public to evaluate 

management goals and objectives that 

will ensure the best possible approach 

to wildlife, plant, and habitat 

conservation, while providing for 

wildlife-dependent recreation 

opportunities that are compatible with 

each refuge’s establishing purposes and 

the mission of the National Wildlife 

Refuge System. 

Our CCP process provides 

participation opportunities for tribal, 

State, and local governments; agencies; 

organizations; and the public. At this 

time we encourage input in the form of 

issues, concerns, ideas, and suggestions 

for the future management of Lee 

Metcalf NWR. 

We will conduct the environmental 

review of this project and develop 

environmental documents in 

accordance with the requirements of the 

National Environmental Policy Act of 

1969, as amended (NEPA) (42 U.S.C. 

4321 et seq.); NEPA regulations (40 CFR 

parts 1500–1508); other appropriate 

Federal laws and regulations; and our 

policies and procedures for compliance 

with those laws and regulations. 

Lee Metcalf National Wildlife Refuge 

This Refuge was established in 1963 

and has two purposes: 

(1) ‘‘For use as an inviolate sanctuary, 

or for any other management purpose, 

for migratory birds’’ (Migratory Bird 

Conservation Act); and 

(2) ‘‘for (a) incidental fish and wildlife 

oriented recreational development, (b) 

the protection of natural resources, 

[and] (c) the conservation of endangered 

species or threatened species’’ (Refuge 

Recreation Act). 

This Refuge is located in Ravalli 

County, 2 miles north of Stevensville, 

Montana. The Refuge is one of the 

Nation’s smaller refuges, encompassing 

2,800 acres, but it is one of the few 

remaining undeveloped areas in the 

Bitterroot Valley. The Refuge lies along 

the meandering Bitterroot River and is 

comprised of wet meadow and forested 

habitats and has created and modified 

wetlands. This Refuge provides 

numerous opportunities for the public, 

including walking trails and an outdoor 

classroom for students and visitors. The 

Refuge provides habitat for raptors, 

including ospreys and numerous 

waterfowl species. 

Scoping: Preliminary Issues, Concerns, 

and Opportunities 

We have identified preliminary 

issues, concerns, and opportunities that 

we may address in the CCP. During 

public scoping, we may identify 

additional issues. 


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