Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Notices 36461

§ 71.07.030 Judicial Determination as to

Nature of Alcoholic Beverages Seized

(a) Within 10 calendar days after the

seizure of any alcoholic beverages, or

any receptacle or container in which

said alcoholic beverages are found, on

the grounds that they are contraband,

any person claiming an interest therein

may initiate an action for a

determination as to whether the items

seized are contraband by filing a claim

with the Tribal Court and serving notice

of the claim on the Director of the

Department. The Tribal Court shall then

schedule a hearing on the matter within

15 calendar days after the filing of the

claim.

(b) The Tribal Court shall, upon good

cause shown, permit discovery to be

taken on an expedited basis. The Tribal

Court shall regulate the manner and

timing of such discovery; provided that

when the Tribal Court orders expedited

discovery, the time for a hearing may be

postponed for a period of 60 days. All

discovery shall be completed prior to

the hearing date.

(c) The Nation shall have the burden

to establish a prima facie case that items

seized are contraband, and after such

proof is made, the burden shall shift to

the claimant to prove by a

preponderance of the evidence that the

items seized are not contraband.

(d) If the Tribal Court determines that

the items seized by the Nation are not

contraband, the court shall order the

return of the items to the claimant after

the time for filing an appeal has elapsed.

If the court determines that the items

seized are contraband, the court shall

declare the items to be contraband and

the Nation may dispose of the

contraband as it deems fit after the time

for filing an appeal has elapsed.

(e) The Nation may appeal an adverse

decision of the Tribal Court under this

section to the Appellate Court by filing

a notice of appeal within 10 calendar

days of the date of the decision of the

Tribal Court. Filing of the notice of

appeal by the Nation shall automatically

stay the decision of the Tribal Court.

The Appellate Court shall uphold the

decision of the Tribal Court unless it is

clearly erroneous.

(f) The claimant may appeal an

adverse decision of the Tribal Court

under this section to the Appellate

Court by filing a notice of appeal within

10 calendar days of the date of the

decision of the Tribal Court and posting

an appeal bond in an amount set by the

Tribal Court. The Tribal Court shall set

the appeal bond in an amount sufficient

to pay for the storage of the items in

dispute during the pendency of the

appeal and any court costs which may

be incurred by the Nation on the appeal.

Filing of the notice of appeal by the

claimant and payment of the appeal

bond shall automatically stay the

decision of the Tribal Court. The

Appellate Court shall uphold the

decision of the Tribal Court unless it is

clearly erroneous.

SECTION 71.08 EXCEPTION

§ 71.08.010 Exceptions to this Title

The provisions of this Ordinance shall

not apply to the sale of alcoholic

beverages, or to ethanol, used or

intended for use, for the following

purposes:

(a) For scientific research or

manufacturing products other than

liquor;

(b) Medical use under the direction of

a physician, medical or dental clinic, or

hospital;

(c) In preparation not fit for human

consumption such as cleaning

compounds and toilet products, or

flavoring extracts;

(d) By persons exempt from regulation

in accordance with the laws of the

United States; or

(e) For sacramental use such as wines

delivered to priests, rabbis, and

ministers.

SECTION 71.09 MISCELLANEOUS

PROVISION

§ 71.09.010 Agreement by Licensee to

Grant Access for Inspection Purposes

Every licensee under this Title, as a

condition of the grant of tribal license,

consents to the inspection of his

premises, including all buildings, safes,

cabinets, lockers and storerooms

thereon. Such inspection shall be

available upon the demand of the

Commission. These inspections shall be

conducted by a duly appointed designee

of the Commission, or tribal police. All

books and records dealing with the sale

and ownership of alcoholic beverages

shall be open for inspection purposes by

the Commission.

§ 71.09.020 Transferability

No license issued pursuant to this

Title shall be transferable; provided,

however, upon death of an individual

licensee, the personal representative of

the estate may operate under a valid

license for 60 days after the licensee’s

death, so long as said personal

representative shall apply to the

Commission for a new license within

said 60-day period.

§ 71.09.030 Server Training

Every person who serves alcoholic

beverages on the premises of an on-sale

licensee shall attend 8 hours of training

in a server training program approved

by the Commission or the State of

Washington on the latter of his or her

60th day of employment or within 60

days after the effective date of this Title.

§ 71.09.040 Tribal Sovereign Immunity

No provision of this Title shall be

construed to permit the recovery of

money damages against the tribe. No

provision of this Title shall be construed

to waive the sovereign immunity of the

tribe.

§ 71.09.050 Consent to Civil Jurisdiction

A licensee shall stipulate in the

license that for the purpose of this Title

the licensee shall be subject to the civil

jurisdiction of the Quinault Tribal

Court.

SECTION 71.10 SEVERABILITY

§ 71.10.010 Severability

If for any reason, or circumstances,

any provision(s) or section(s) of this

Title are held invalid by the appropriate

court of jurisdiction, the remainder of

this Title and other provisions or

sections shall not be affected in the

application of this Title or to any person

covered by this Title.

SECTION 71.11 EFFECTIVE DATE OF

TITLE

§ 71.11.010 Continued Operation under

existing Tribal or State License

This Title is effective after its

adoption by the Business Committee.

Any Licensee operating under an

existing tribal or state license may

continue to operate thereunder until

December 31, 1998, provided that the

licensee complies with all of the

provisions contained herein. After

December 31, 1998, any person

operating under an existing state

license, must apply with the

Commission for a tribal license.

[FR Doc. 00–14465 Filed 6–7–00; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Indian Gaming

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Notice of amendment to

approved Tribal-State Compact.

SUMMARY: Pursuant to Section 11 of the

Indian Gaming Regulatory Act of 1988,

Pub. L. 100–497, 25 U.S.C. § 2710, the

Secretary of the Interior shall publish, in

the Federal Register, notice of approved

Tribal-State Compacts for the purpose of

engaging in Class III gaming activities

on Indian lands. The Assistant

36462 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Notices

Secretary—Indian Affairs, Department

of the Interior, through his delegated

authority, has approved the Seventh

Renewal of Agreement between the

Northern Cheyenne Tribe and the State

of Montana regarding Class III gaming

on the Northern Cheyenne Reservation

which was executed on April 7, 2000.

DATES: This action is effective upon date

of publication.

FOR FURTHER INFORMATION CONTACT:

George T. Skibine, Director Office of

Indian Gaming Management, Bureau of

Indian Affairs, Washington, D.C. 20240,

(202) 219–4066.

Dated: May 25, 2000.

Kevin Gover,

Assistant Secretary—Indian Affairs.

[FR Doc. 00–14504 Filed 6–7–00; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[UT–910–00–0777–XQ]

Notice of Meeting of the Utah Resource

Advisory Council

AGENCY: Bureau of Land Management,

Interior.

SUMMARY: The Bureau of Land

Management’s Utah Statewide Resource

Advisory Council meeting will be held

on June 21–22, 2000. On June 21, the

Council will focus on recreation issues

in northwestern Utah. The RAC will

participate in a field tour of the west

half of Box Elder County and the

northwest corner of Tooele County.

Other resources such as minerals, range

condition, and fire rehabilitation may be

addressed as time allows. They will be

departing from the Bureau of Land

Management’s Salt Lake Field Office,

2370 South 2300 West, Salt Lake City,

at 8 a.m. and concluding the tour in

Wendover, Nevada.

On June 22, the RAC will continue

working on the draft guidelines for

recreation management. This meeting

will be held in the Silver Room of the

Silver Smith Hotel, Wendover, NV, at 8

a.m. and conclude at 4 p.m. with a

public comment period scheduled from

3:30–4.

All meetings of the BLM’s Resource

Advisory Council are open to the

public; however, transportation, meals,

and overnight accommodations are the

responsibility of the participating

public.

FOR FURTHER INFORMATION CONTACT:

Sherry Foot, Special Programs

Coordinator, Utah State Office, Bureau

of Land Management, 324 South State

Street, Salt Lake City, 84111; phone

(801) 539–4195.

Dated: June 2, 2000.

Sally Wisely,

Utah BLM State Director.

[FR Doc. 00–14430 Filed 6–7–00; 8:45 am]

BILLING CODE 4310–$$–M

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR–130–1020–XU; GPO–0245]

Notice of the Meeting of the Eastern

Washington Advisory Council; June

22, 2000, in Spokane, Washington

AGENCY: Bureau of Land Management,

Spokane District.

SUMMARY: A meeting of the Eastern

Washington Resource Advisory Council

will be held on June 22, 2000. The

meeting will convene at 9 a.m., at the

Spokane District Office, Bureau of Land

Management, 1103 North Fancher Road,

Spokane, Washington, 99212–1275. The

meeting will adjourn upon conclusion

of business, but no later than 4 p.m.

Public comments will be heard from

10:00 a.m. until 10:30 a.m. If necessary,

to accommodate all wishing to make

public comments, a time limit may be

placed upon each speaker. At an

appropriate time, the meeting will

adjourn for approximately one hour for

lunch. The Topic to be discussed is the

Interior Columbia Basin Ecosystem

Management Project (ICBEMP).

FOR FURTHER INFORMATION CONTACT:

Bureau of Land Management, Spokane

District Office, 1103 N. Fancher Road,

Spokane, Washington, 99212; or call

509–536–1200.

Dated June 2, 2000.

Joseph K. Buesing,

District Manager.

[FR Doc. 00–14431 Filed 6–7–00; 8:45 am]

BILLING CODE 4310–33–U

DEPARTMENT OF THE INTERIOR

National Park Service

Recommendations Regarding the

Disposition of Culturally Unidentifiable

Native American Human Remains

AGENCY: National Park Service, Interior

ACTION: Notice

The Native American Graves

Protection and Repatriation Act directs

the Secretary of the Interior to establish

and maintain an advisory committee

composed of seven private citizens

nominated by Indian tribes, Native

Hawaiian organizations, and national

museum organizations and scientific

organizations [25 U.S.C. 3006]. One of

the review committee’s responsibilities

is to make recommendations regarding

specific actions for developing a process

for the disposal of culturally

unidentifiable Native American human

remains in the possession or control of

museums and Federal agencies [25

U.S.C. 3006 (c)(5)]. After lengthy

deliberations, the committee makes the

following recommendations.

A. Intent of NAGPRA

1. The legislative intent of the Native

American Graves Protection and

Repatriation Act of 1990 (NAGPRA) is

stated by the title of the statute.

Repatriation means the return of control

over human remains and cultural items

to Indian tribes and Native Hawaiian

organizations.

2. Specifically, the statute required:

a. The disposition of all Native

American human remains and cultural

items excavated on or removed from

Federal lands after November 16, 1990

[25 U.S.C. 3002 (d)(2)]. Disposition is

based on linkages of lineal descent,

tribal land, cultural affiliation, or

aboriginal land.

b. The repatriation of culturally

affiliated human remains and associated

funerary objects in Federal agency and

museum collections if requested by a

culturally affiliated Indian tribe or

Native Hawaiian organization [25 U.S.C.

3005]. Repatriation is based on linkages

of lineal descent or cultural affiliation.

c. The development of regulations for

the disposition of unclaimed human

remains and objects [25 U.S.C. 3002

(3)(b)] and culturally unidentifiable

human remains in Federal agency and

museum collections [25 U.S.C. 3006].

3. Although the legal standing of

funerary objects associated with

culturally unidentifiable human

remains is not addressed in NAGPRA,

the statute does not prohibit their

voluntary repatriation by museums or

Federal agencies to the extent allowed

by Federal law.

4. The statute acknowledges the

legitimate need to return control over

ancestral remains and funerary objects

to Native people, and the legitimate

public interest in the educational,

historical, and scientific information

conveyed by those remains and objects

[25 U.S.C. 3002 (3)(b) and 3006 (8)(b)].

5. While the statute does not always

specify repatriation, it is implicit that

the process be guided by the rights and

needs of Indian tribes and Native

Hawaiian organizations.

B. Culturally Unidentifiable Human

Remains