51844 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Notices 

6. Alan D. Ross, Law Corporation, Encino, 

CA. 

7. Kantor, Taylor, McCarthy, PC, Seattle, 

WA. 

8. CNA Surety, Sioux Falls, SD. 

9. PNC Multifamily Capital, San Francisco, 

CA. 

10. National Association of Home Builders, 

Washington, DC. 

11. Vorys, Sater, Seymour and Pease, LLP, 

Cincinnati, OH. 

12. National Leased Housing Association, 

Washington, DC. 

13. The Surety Association of America, 

Washington, DC. 

14. Goulston & Storrs, Counsellors at Law, 

Washington, DC. 

15. Nixon Peabody LLP, Washington, DC. 

16. Coan & Lyons, Washington, DC. 

17. AGM Financial Services, Inc., 

Baltimore, MD. 

18. Boston Capital, Boston, MA. 

19. Highland Mortgage Company, Raleigh, 

NC. 

20. Guardian Management, Portland, OR. 

21. American Arbitration Association, New 

York, NY. 

22. P/R Mortgage & Investment Corp., 

Carmel, IN. 

23. Committee on Healthcare Financing, 

Washington, DC. 

24. Mortgage Bankers Association, 

Washington, DC. 

25. M&T Realty Capital Corporation, 

Baltimore, MD. 

[FR Doc. 06–7267 Filed 8–30–06; 8:45 am] 

BILLING CODE 4210–67–M 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Liquor Control Ordinance of the 

Pawnee Nation of Oklahoma 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

Liquor Control Ordinance of the Pawnee 

Nation of Oklahoma (Tribe). The 

Ordinance regulates and controls the 

possession, sale and consumption of 

liquor within the Pawnee Nation of 

Oklahoma including all land within the 

definition of ‘‘Indian country’’ as 

established and described by Federal 

law under the jurisdiction of the Tribe. 

This Ordinance allows for possession 

and sale of alcoholic beverages within 

the Pawnee Nation, and increases the 

ability of the tribal government to 

control the Tribe’s liquor distribution 

and possession. At the same time it 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 August 31, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Terry Bruner, Deputy Regional Director, 

Southern Plains Regional Office, Bureau 

of Indian Affairs, WCD Office Complex, 

P.O. Box 368, Anadarko, OK 73005; 

Telephone (405) 247–1668; Fax: (405) 

247–5611 or 247–9240; or Ralph 

Gonzales, Office of Tribal Services, 1849 

C Street, NW., Mail Stop 4513–MIB, 

Washington, DC 20240; Telephone: 

(202) 513–7629. 

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 Pawnee Business Committee of the 

Pawnee Nation of Oklahoma (Business 

Committee) adopted its Liquor 

Ordinance by Resolution No. 02–01 on 

January 11, 2002. This is the first Liquor 

Ordinance passed by the Tribe. 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 

Principal Deputy Assistant Secretary—

Indian Affairs. I certify that this Liquor 

Ordinance of the Pawnee Nation of 

Oklahoma was duly adopted by the 

Business Committee on January 11, 

2002. 

Dated: August 23, 2006. 

Michael D. Olsen, 

Principal Deputy Assistant Secretary—Indian 

Affairs. 

The Pawnee Nation of Oklahoma 

Liquor Ordinance reads as follows: 

Pawnee Nation of Oklahoma Liquor 

Control Providing for the Regulation of 

Beer and Alcohol in the Indian Country 

of the Pawnee Nation of Oklahoma 

Article I. Declaration of Public Policy 

and Purpose 

Pursuant to Article IV, Section 1 of 

the Constitution of the Pawnee Nation 

of Oklahoma, the Pawnee Business 

Council is the supreme governing body 

of the Pawnee Nation of Oklahoma. 

Pursuant to Article IV, Section 2 of 

the Constitution of the Pawnee Nation 

of Oklahoma, the Pawnee Business 

Council shall exercise all the inherent, 

statutory, and treaty powers of the 

Pawnee Nation of Oklahoma by the 

enactment of legislation, the transaction 

of business, and by otherwise speaking 

or acting on behalf of the Pawnee Nation 

of Oklahoma on all matters which the 

Pawnee Nation of Oklahoma is 

empowered to act. 

This document shall be known as the 

Pawnee Nation of Oklahoma Liquor 

Control Act. These laws are enacted to 

regulate the sale and distribution of 

liquor and beer products on All 

Properties under the jurisdiction of the 

Pawnee Nation of Oklahoma, and to 

generate revenue to fund needed tribal 

programs and services. 

Revenue received by the Tribe under 

this Act, from whatever source, shall be 

expended for administrative costs 

incurred in the enforcement of this Act. 

Excess funds shall be subject to 

appropriation by the Pawnee Business 

Council for essential governmental and 

social services, including the use of 

revenues to combat alcohol abuse and 

its debilitating effects among 

individuals and family members of the 

Pawnee Nation of Oklahoma. 

The Pawnee Business Council finds 

that tribal control and regulation of 

liquor is necessary to protect the health 

and welfare of tribal members, to 

address specific concerns relating to 

alcohol use in Pawnee Nation of 

Oklahoma Indian Country, and to 

achieve maximum economic benefit to 

the Tribe. 

The introduction, possession and sale 

of liquor in Pawnee Nation of Oklahoma 

Indian Country is a matter of special 

concern to the Pawnee Business 

Council. 

The Pawnee Business Council finds 

that a complete ban on liquor within 

Pawnee Nation of Oklahoma Indian 

Country is ineffective and unrealistic. 

However, it recognizes the need for 

strict regulation and control over liquor 

transactions within Pawnee Nation of 

Oklahoma Indian Country because of 

the many potential problems associated 

with the unregulated or inadequately 

regulated sale, possession, distribution 

and consumption of liquor. 

Federal law forbids the introduction, 

possession, and sale of liquor in Indian 

Country except when the same is in 

conformity both with the laws of the 

State and the Pawnee Nation of 

Oklahoma, 18 U.S.C. 1161. As such, 

compliance with this Act shall be in 

addition to, and not substitute for, 

compliance with the laws of the State of 

Oklahoma. 

It is in the best interests of the Pawnee 

Nation of Oklahoma to enact a tribal Act 

governing liquor sales in Pawnee Nation 

of Oklahoma Indian Country and which 

provides for exclusive purchase, 

distribution, and sale of liquor only on 

tribal lands within the exterior 

boundaries of Pawnee Nation of 

Oklahoma Indian Country. Further, the 

Tribe has determined that said 


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purchase, distribution and sale shall 

take place on designated Pawnee tribal 

land only. 

Article II. Definitions 

As used in this title, the following 

words shall have the following 

meanings unless the context clearly 

require otherwise: 

(a) Alcohol. That substance known as 

ethyl alcohol, hydrated oxide of ethyl, 

alcohol, hydrated oxide of ethyl, 

ethanol, or spirits of wine, from 

whatever source or by whatever process 

produced. 

(b) Alcoholic Beverage. This term is 

synonymous with the term liquor as 

defined in paragraph (1)(g) of this 

Article. 

(c) Bar. Any establishment with 

special space and accommodations for 

the sale of liquor by the glass and for 

consumption on the premises as herein 

defined. 

(d) Beer. Any beverage obtained by 

the alcoholic fermentation of an 

infusion or decoction of pure hops, or 

pure extract of hops and pure barley 

malt or other wholesome grain or cereal 

in pure water and containing the 

percent of alcohol by volume subject to 

regulation as an intoxicating beverage in 

the state where the beverage is located. 

(e) Liquor. 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 

contain more than one-half of one 

percent of alcohol. 

(f) Liquor Control Commission. The 

Pawnee Nation Liquor Control 

Commission as established by Article III 

of this Act. 

(g) Liquor Store. Any store at which 

liquor is sold and, for the purpose of 

this Act, includes stores where only a 

portion of which are devoted to sale of 

liquor or beer. 

(h) Malt Liquor. Beer, strong beer, ale, 

stout or porter. 

(i) Package. Any container or 

receptacle used for holding liquor. 

(j) Pawnee Business Council. The 

governing body of the Pawnee Nation, 

as constituted by the Constitution of the 

Pawnee Nation of Oklahoma. 

(k) Pawnee Nation of Oklahoma 

Indian Country. For the purposes of this 

Act, Pawnee Nation of Oklahoma Indian 

Country shall mean Indian Country as 

defined by 18 U.S.C. 1151 as that term 

has been defined by courts of competent 

jurisdiction. 

(l) Public Place. Federal, State, 

county, or tribal highways and roads; 

buildings and grounds used for school 

purposes; public dance halls and 

grounds adjacent thereto; soft drink 

establishments, public buildings, public 

meeting halls, lobbies, halls and dining 

room of hotels, restaurants, theaters, 

gaming facilities, entertainment centers, 

stores, garages, and filling stations 

which are open to and/or generally used 

by the public and to which the public 

is permitted to have generally 

unrestricted access; public conveyances 

of all kinds and character; and all other 

places of like or similar nature to which 

the general public has unrestricted right 

of access, and which are generally used 

by the public. 

(m) Sale and Sell. The exchange, 

barter and traffic, including the selling 

or supplying or distributing, by any 

means whatsoever, of liquor, or of any 

liquid known or described as beer or by 

any name whatsoever commonly used 

to describe malt or brewed liquor or of 

wine by any person to any person. 

(n) Spirits. Any beverage which 

contains alcohol obtained by 

distillation, including wines exceeding 

seventeen percent of alcohol by weight. 

(o) Tribal Court. Refers to the Pawnee 

Nation of Oklahoma Tribal Court or the 

court of Indian Offenses. 

(p) Wine. Any alcoholic beverage 

obtained by fermentation of the natural 

contents of fruits, vegetables, honey, 

milk or other products containing sugar, 

whether or not other ingredients are 

added, to which any saccharine 

substances may have been added before, 

during or after fermentation, and 

containing not more than seventeen 

percent of alcohol by weight, including 

sweet wines fortified with wine spirits, 

such as port, sherry, muscatel and 

angelia, not exceeding seventeen 

percent of alcohol by weight. 

Article III. Pawnee Nation of Oklahoma 

Liquor Control Commission 

(1) There is hereby established a 

Pawnee Nation of Oklahoma Liquor 

Control Commission, composed of a 

three-person committee. 

(2) The Liquor Control Commission 

shall be appointed by the Pawnee 

Business Council. 

(3) The Liquor Control Commission 

shall meet on call, but not less than 

once each calendar quarter, provided 

ten (10) days public notice of its 

meetings is given. 

(4) The Liquor Control Commission 

shall receive a stipend in lieu of 

expenses in an amount set by resolution 

of the Pawnee Business Council. 

(5) Two members of the Liquor 

Control Commission shall constitute the 

quorum required to conduct any 

business. 

Article IV. Powers and Duties of the 

Liquor Control Commission 

(1) Powers and Duties. In furtherance 

of this Act, the Liquor Control 

Commission shall have the following 

powers and duties: 

(a) Publish and enforce rules and 

regulations adopted by the Pawnee 

Business Council governing the sale, 

manufacture, distribution, and 

possession of alcoholic beverages within 

Pawnee Nation of Oklahoma Indian 

Country. 

(b) Employ managers, accountants, 

security personnel, inspectors and such 

other persons as shall be reasonably 

necessary to allow the Liquor Control 

Commission to perform its function. 

(c) Issue licenses permitting the sale 

or manufacture or distribution of liquor 

within Pawnee Nation of Oklahoma 

Indian Country. 

(d) Hold hearings on violations of this 

Act or for the issuance of revocation of 

licenses hereunder. 

(e) Bring suit in the Pawnee Nation of 

Oklahoma Tribal Court or other 

appropriate court to enforce this Act as 

necessary. 

(f) Determine and seek damages for 

violation of this Act. 

(g) Make such reports as may be 

required by the Pawnee Business 

Council. 

(h) Collect taxes and fees levied or set 

by the Pawnee Business Council and 

keep accurate records, books and 

accounts. 

(i) Adopt procedures which 

supplement these regulations and 

facilitate their enforcement. Such 

procedures shall include limitations on 

sales to minors, places where liquor 

may be consumed, identity of persons 

not permitted to purchase alcoholic 

beverages, hours and days when outlets 

may be open for business, and other 

appropriate matters and controls. 

(2) Limitation on Powers. In the 

exercise of its powers and duties under 

this Act, the Liquor Control Commission 

and its individual members shall not: 

(a) Accept any gratuity, compensation 

or other thing of value from any liquor 

wholesaler, retailer or distributor or 

from any licensee. 

(b) Waive the immunity of the Pawnee 

Nation of Oklahoma from suit without 

the express written consent and 

resolution of the Pawnee Business 

Council. 

(3) Inspection Rights. The premises on 

which liquor is sold or distributed shall 


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51846 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Notices 

be open for inspection by the Liquor 

Control Commission and/or its staff at 

all reasonable times for the purposes of 

ascertaining whether the rules and 

regulations of the Pawnee Business 

Council and this Act are being complied 

with. 

Article V. Sales of Liquor 

(1) License Required. A person or 

entity licensed by the Pawnee Nation of 

Oklahoma may make retail sales of 

liquor in their facility and the patrons 

of the facility may consume said liquor 

within the facility. The introduction and 

possession of liquor consistent with this 

Article shall also be allowed. All other 

purchases and sales of liquor within 

Pawnee Nation of Oklahoma Indian 

Country shall be prohibited. Sales of 

liquor and alcoholic beverages within 

Pawnee Nation of Oklahoma Indian 

Country may only be made at businesses 

that hold a Pawnee Nation of Oklahoma 

Liquor License. 

(2) Sales for Cash. All liquor sales 

within Pawnee Nation of Oklahoma 

Indian Country shall be on a cash only 

basis and no credit shall be extended to 

any person, organization, or entity, 

except that this provision does not 

prevent the payment for purchases with 

use of credit cards such as Visa, Master 

Card, American Express, etc. 

(3) Sale for Personal Consumption. 

All sales shall be for the personal use 

and consumption of the purchaser. 

Resale of any alcoholic beverages with 

Pawnee Nation of Oklahoma Indian 

Country is prohibited. Any person who 

is not licensed pursuant to this Act who 

purchases an alcoholic beverage within 

Pawnee Nation of Oklahoma Indian 

Country and sells it, whether in the 

original container or not, shall be guilty 

of a violation of this Act and shall be 

subjected to paying damages to the 

Pawnee Nation of Oklahoma as set forth 

herein. 

Article VI. Licensing and Application 

(1) Procedure. In order to control the 

proliferation of establishments within 

Pawnee Nation of Oklahoma Indian 

Country that sell or serve liquor by the 

bottle or by the drink, all persons or 

entities that desire to sell liquor within 

Pawnee Nation of Oklahoma Indian 

Country must apply to the Liquor 

Control Commission for a license to sell 

or serve liquor. 

(2) Application. Any enrolled member 

of the Pawnee Tribe twenty-one (21) 

years of age and older, or an enrolled 

member of a federally-recognized tribe 

twenty-one (21) years of age and older, 

or other person twenty-one years of age 

and older, may apply to the Liquor 

Control Commission for a license to sell 

or serve liquor. Any person or entity 

applying for a license to sell or serve 

liquor within Pawnee Nation of 

Oklahoma Indian Country must fill in 

the application provided for this 

purpose by the Pawnee Nation of 

Oklahoma and pay such application fee 

as may be set from time to time by the 

Pawnee Business Council. Said 

application must be filled out 

completely in order to be considered. A 

separate application and license will be 

required for each location where the 

applicant intends to serve liquor. 

(3) Licensing Requirements. The 

person applying for such license must 

make a showing once a year, and must 

satisfy the Liquor Control Commission 

that he/she is a person of good moral 

character, that he/she has never been 

convicted of violating any of the laws 

prohibiting the traffic in any spirituous, 

vinous, fermented or malt liquors; that 

he or she has never been convicted of 

violating any of the gambling laws of 

this State, or any other state, or of this 

or any other Indian Tribe; that he or she 

has not had preceding the date of his 

application for a license, a felony 

conviction of any of the Laws 

commonly called ‘‘prohibition laws;’’

and that he or she has not had any 

permit or license to sell any intoxicating 

liquors revoked in any county of this 

State, or any other State, or of any 

Indian Tribe. 

(4) Processing of Application. The 

Liquor Control Commission shall 

receive and process applications and 

related matters. All actions by the 

Liquor Control Commission shall be by 

majority vote. A quorum of the Liquor 

Control Commission is that number of 

members set forth in Article III, 

paragraph (6) of this Act. The Liquor 

Control Commission may, by resolution, 

authorize a staff representative to issue 

licenses for the sale of liquor and beer 

products. 

(5) Issuance of License. The Liquor 

Control Commission may issue a license 

if it believes that such issuance is in the 

best interests of the Pawnee Nation. The 

purpose of this Act is to permit liquor 

sales and consumption at facilities 

located on designated Pawnee Nation of 

Oklahoma Indian Country lands. 

Issuance of a license for any other 

purposes will not be considered to be in 

the best interests of the Pawnee Nation. 

(6) Period of License. Each license 

shall be issued for a period not to 

exceed one (1) year from the date of 

issuance. 

(7) Renewal of License. A licensee 

may renew its license if the licensee has 

complied in full with this Act; provided 

however, that the Liquor Control 

Commission may refuse to renew a 

license if it finds that doing so would 

not be in the best interests of health and 

safety of the Pawnee Nation. 

(8) Revocation of License. The Liquor 

Control Commission may suspend or 

revoke a license due to one or more 

violations of this Act upon notice and 

hearing at which the licensee is given an 

opportunity to respond to any charges 

against it and to demonstrate why the 

license should not be suspended or 

revoked. 

(9) Hearings. Within fifteen (15) days 

after a licensee is mailed written notice 

of a proposed suspension or revocation 

of the license, of the imposition of fines 

or of other adverse action proposed by 

the Liquor Control Commission under 

this Act, the licensee may deliver to the 

Liquor Control Commission a written 

request for a hearing on whether the 

proposed action should be taken. A 

hearing on the issues shall be held 

before a person or persons appointed by 

the Liquor Control Commission and a 

written decision will be issued. Such 

decisions will be considered final 

unless an appeal is filed with the Tribal 

Court within fifteen (15) calendar days 

of the date of mailing the decision to the 

licensee. The Tribal Court will then 

conduct a hearing and will issue an 

order, which is final with no further 

right of appeal. All proceedings 

conducted under all sections of this Act 

shall be in accord with due process of 

law. 

(10) Non-transferability of Licenses. 

Licenses issued by the Liquor Control 

Commission shall not be transferable 

and may only be utilized by the person 

or entity in whose name it is issued. 

Article VII. Taxes 

(1) Sales Tax. The Liquor Control 

Commission shall have the authority, as 

may subsequently be specified under 

tribal law, to collect tax levied or set by 

the Pawnee Business Council on each 

retail sale of alcoholic beverages within 

Pawnee Nation of Oklahoma Indian 

Country based upon a percent of the 

retail sale price. All taxes from the sale 

of alcoholic beverages within Pawnee 

Nation of Oklahoma Indian Country 

shall be deposited in the General 

Treasury of the Pawnee Nation of 

Oklahoma. 

(2) Taxes Due. All taxes for the sale 

of liquor and alcoholic beverages within 

Pawnee Nation of Oklahoma Indian 

Country are due on or before the 15th 

day of the month following the end of 

the calendar quarter for which the taxes 

are due. 

(3) Delinquent Taxes. Past due taxes 

shall accrue interest at 2% per month. 

(4) Reports. Along with payment of 

the taxes imposed herein, the taxpayers 


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Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Notices 51847 

shall submit, in the form specified by 

the Liquor Control Commission, a 

quarterly accounting of all income from 

the sale or distribution of liquor, as well 

as for the taxes collected. 

(5) Audit. As a condition of obtaining 

a license, an applicant must agree to the 

review or audit of its books and records 

relating to the sale of liquor and 

alcoholic beverages within Pawnee 

Nation of Oklahoma Indian Country. 

Said review or audit may be done 

periodically or when deemed necessary 

by the Tribe, to verify the accuracy of 

reports. 

Article VIII. Rules, Regulations and 

Enforcement 

(1) In any proceeding under this Act, 

conviction of one unlawful sale or 

distribution of liquor shall establish 

prima facie intent of unlawfully keeping 

liquor for sale, selling liquor or 

distributing liquor in violation of this 

Act. 

(2) Any person who shall in any 

manner sell or offer for sale or 

distribution or transport liquor in 

violation of this Act shall be subject to 

civil damages assessed by the Liquor 

Control Commission. 

(3) Any person within the boundaries 

of Pawnee Nation Indian Country who 

buys liquor from any person other than 

a properly licensed facility shall be 

guilty of a violation of this Act. 

(4) Any person who keeps or 

possesses liquor upon his person or in 

any place or on premises conducted or 

maintained by his principal or agent 

with the intent to sell or distribute it 

contrary to the provisions of this 

Article, shall be guilty of a violation of 

this Act. 

(5) Any person who knowingly sells 

liquor to a person under the influence 

of liquor shall be guilty of a violation of 

this Act. 

(6) Any person engaged wholly or in 

part in the business of carrying 

passengers for hire, and every agent, 

servant, or employee of such person, 

who shall knowingly permit any person 

to drink liquor in any public 

conveyance shall be guilty of an offense. 

Any person who shall drink liquor in a 

public conveyance shall be guilty of a 

violation of this Act. 

(7) No person under the age of twentyone (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 twenty-one (21) years to consume 

liquor on his premises or any premises 

under his control. Any person violating 

this prohibition shall be guilty of a 

separate violation of this Act for each 

and every drink so consumed. 

(8) Any person who shall sell or 

provide any liquor to any person under 

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

guilty of a violation of this Act for each 

sale or drink provided. 

(9) Any person who transfers in any 

manner an identification of age to a 

person under the age of twenty-one (21) 

years for the purpose of permitting such 

person to obtain liquor shall be guilty of 

an offense; provided, that corroborative 

testimony of a witness other than the 

underage person shall be a requirement 

of finding a violation of this Act. 

(10) Any person who attempts to 

purchase an alcoholic beverage through 

the use of false or altered identification 

that falsely purports to show the 

individual to be over the age of twentyone (21) years shall be guilty of violating 

this Act. 

(11) Any person guilty of violation of 

this Act shall be liable to pay the 

Pawnee Nation of Oklahoma the amount 

of $1,000 per violation as civil damages 

to defray the Pawnee Nation of 

Oklahoma’s cost of enforcement of this 

Act. 

(12) When requested by the provider 

of liquor, any person shall be required 

to present official documentation of the 

bearer’s age, signature and photograph. 

Official documentation includes one of 

the following: 

(a) Driver’s license or identification 

card issued by any state department of 

motor vehicles; 

(b) United States Active Duty Military 

identification card; or 

(c) Passport. 

(13) The consumption or possession 

of liquor on premises where such 

consumption or possession is contrary 

to the terms of this Act will result in a 

declaration that such liquor is 

contraband. Any tribal agent, employee 

or officer who is authorized by the 

Liquor Control Commission to enforce 

this Act shall seize all contraband and 

preserve it in accordance with 

provisions established for the 

preservation of impounded property. 

Upon being found in violation of the 

Act, the party owning or in control of 

the premises where contraband is found 

shall forfeit all right, title and interest in 

the items seized which shall become the 

property of the Pawnee Nation of 

Oklahoma. 

Article IX. Abatement 

(1) Any room, house, building, 

vehicle, structure, or other place where 

liquor is sold, manufactured, bartered, 

exchanged, given away, furnished, or 

otherwise disposed of in violation of the 

provisions of this Act or of any other 

tribal law relating to the manufacture, 

importation, transportation, possession, 

distribution and sale of liquor, and all 

property kept in and used in 

maintaining such place, is hereby 

declared a nuisance. 

(2) The Chairman of the Liquor 

Control Commission or, if the Chairman 

fails or refuses to do so, by a majority 

vote, the Liquor Control Commission 

shall institute and maintain an action in 

the Tribal Court in the name of the 

Pawnee Nation of Oklahoma to abate 

and perpetually enjoin any nuisance 

declared under this Article. In addition 

to the other remedies at tribal law, the 

Tribal Court may also order the room, 

house, building, vehicle, structure, or 

place closed for a period of one (1) year 

or until the owner, lessee, tenant, or 

occupant thereof shall give bond or 

sufficient sum from $1,000 to $15,000, 

depending upon the severity of past 

offenses, the risk of offenses in the 

future, and any other appropriate 

criteria, payable to the Pawnee Nation of 

Oklahoma and conditioned that liquor 

will not be thereafter manufactured, 

kept, sold, bartered, exchanged, given 

away, furnished, or otherwise disposed 

of in violation of the provisions of this 

Act or of any other applicable tribal 

laws. If any conditions of the bond be 

violated, the bond may be applied to 

satisfy any amounts due to the Pawnee 

Nation of Oklahoma under this Act. 

(3) In all cases where any person has 

been found in violation of this Act 

relating to the manufacture, 

importation, transportation, possession, 

distribution, and sale of liquor, an 

action may be brought to abate as a 

nuisance any real estate or other 

property involved in the violation of the 

Act and violation of this Act shall be 

prima facie evidence that the room, 

house, vehicle, building, structure, or 

place against which such action is 

brought is a public nuisance. 

Article X. Revenue 

Revenue provided for under this Act, 

from whatever source, shall be 

expended for administrative costs 

incurred in the enforcement of this Act. 

Excess funds shall be subject to 

appropriation by the Business Council 

for essential and social services. 

Article XI. Severability and Effective 

Date 

(1) If any provision under this Act is 

determined by court 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. 

(2) This Act shall be effective on 

certification by the Secretary of the 


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51848 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Notices 

Interior and its publication in the 

Federal Register. 

(3) Any and all previous liquor 

control enactments of the Pawnee 

Business Council which are inconsistent 

with this Act are hereby rescinded. 

Article XII. Amendment and 

Construction 

(1) This Act may only be amended by 

vote of the Pawnee Business Council. 

(2) Nothing in this Act shall be 

construed to diminish or impair in any 

way the rights or sovereign powers of 

the Pawnee Nation or its Tribal 

government other than the due process 

provision at Article VI (8), which 

provides that licensees have been 

revoked or suspended may seek review 

of that decision in Tribal Court. 

[FR Doc. 06–7286 Filed 8–30–06; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[AK–964–1410–HY–P; F–14863–B] 

Alaska Native Claims Selection 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of decision approving 

lands for conveyance. 

SUMMARY: As required by 43 CFR 

2650.7(d), notice is hereby given that an 

appealable decision approving lands for 

conveyance pursuant to the Alaska 

Native Claims Settlement Act will be 

issued to Hee-yea-lingde Corporation. 

The lands are located in the vicinity of 

Grayling, Alaska, within the following 

townships: 

T. 29 S., R. 6 W., Kateel River Meridian, 

Alaska 

Secs. 1, 3, and 4. 

Containing approximately 1,159 acres. 

T. 34 N., R. 55 W., Seward Meridian (SM), 

Alaska 

Secs. 32 through 35. 

Containing approximately 2,325 acres. 

T. 31 N., R. 56 W., SM 

Secs. 5 through 8. 

Containing approximately 2,410 acres. 

Aggregating approximately 5,895 acres. 

The subsurface estate in these lands will 

be conveyed to Doyon, Limited, when 

the surface estate is conveyed to Heeyea-lingde Corporation. Notice of the 

decision will also be published four 

times in the Tundra Drums. 

DATES: The time limits for filing an 

appeal are: 

1. Any party claiming a property 

interest which is adversely affected by 

the decision shall have until October 2, 

2006 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, subpart E, shall be deemed 

to have waived their rights. 

ADDRESSES: A copy of the decision may 

be obtained from: Bureau of Land 

Management, Alaska State Office, 222 

West Seventh Avenue, #13, Anchorage, 

Alaska 99513–7599. 

FOR FURTHER INFORMATION CONTACT: The 

Bureau of Land Management by phone 

at 907–271–5960, or by e-mail at 

ak.blm.conveyance@ak.blm.gov. Persons 

who use a telecommunication device 

(TTD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–

8330, 24 hours a day, seven days a 

week, to contact the Bureau of Land 

Management. 

Barbara Opp Waldal, 

Land Law Examiner, Branch of Adjudication 

II. 

[FR Doc. 06–7274 Filed 8–30–06; 8:45 am] 

BILLING CODE 4310–$$–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[CACA–47658, CA–670–5101–ER–B204] 

Notice of Intent To Prepare a Joint 

Environmental Impact Statement/ 

Report and Proposed Land Use Plan 

Amendment for the Proposed Sunrise 

Powerlink Project, San Diego and 

Imperial Counties, CA 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of intent. 

SUMMARY: Pursuant to section 102(2)(C) 

of the National Environmental Policy 

Act of 1969 (NEPA), as amended, notice 

is hereby given that the Bureau of Land 

Management (BLM), together with the 

California Public Utilities Commission 

(CPUC), intend to prepare a joint 

Environmental Impact Statement and 

Environmental Impact Report (EIS/EIR), 

and a proposed land use plan 

amendment to the 1980 California 

Desert Conservation Area Plan, (CDCA 

Plan), as amended for the Sunrise 

Powerlink Project (Project) proposed by 

San Diego Gas & Electric Company 

(SDG&E). The project would consist of 

the construction and operation of one 

new 500 kilovolt (kV) and three new 

230 kV transmission lines in Imperial 

and San Diego Counties. BLM is the 

lead Federal agency for the preparation 

of this EIS in compliance with the 

requirements of NEPA. CPUC is the lead 

State of California agency for the 

preparation of this EIR in compliance 

with the requirements of the California 

Environmental Quality Act (CEQA). 

DATES: This notice initiates the public 

participation and scoping processes for 

the EIS/EIR. A public scoping period of 

at least 30 days will commence on the 

date this notice is published in the 

Federal Register. To provide the public 

an opportunity to review the proposal 

and project information, BLM and CPUC 

expects to hold at least three public 

meetings, held at locations in Imperial 

and San Diego Counties. All public 

meetings will be announced through the 

local news media, mailings, and the 

BLM Web site (http://www.ca.blm.gov) 

at least 15 days prior to the event. 

Comments on issues, potential impacts, 

or suggestions for additional alternatives 

can be submitted in writing to the 

address listed below. In order to be 

included in the Draft EIS/EIR all 

comments must be received within 30 

days of this publication or 15 days after 

the last public meeting is held, 

whichever is the later. 

ADDRESSES: Comments and other 

correspondence should be sent to the 

BLM El Centro Field Office, attention 

Field Manager, 1661 S. 4th Street, El 

Centro, CA 92243; or by fax: (760) 337–

4490. Documents pertinent to this 

proposal, including comments with the 

names and addresses of respondents, 

will be available for public review at the 

BLM El Centro Field Office, during 

regular business hours of 8 a.m. to 4:30 

p.m., Monday through Friday, except 

holidays, and may be published as part 

of the Draft EIS/EIR. Individual 

respondents may request 

confidentiality. If you wish to withhold 

your name or street address from public 

review or from disclosure under the 

Freedom of Information Act, you must 

state this prominently at the beginning 

of your written comment. Such requests 

will be honored to the extent allowed by 

law. BLM will not consider anonymous 

comments. All submissions from 

organizations and businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, will be 

available for public inspection in their 

entirety. 

FOR FURTHER INFORMATION CONTACT: For 

further information and/or to have your 

name added to our mailing list, contact 

Lynda Kastoll, Realty Specialist, at the 

BLM El Centro Field Office, same 

address as listed above; Phone: (760) 

337–4421; e-mail: lkastoll@ca.blm.gov. 

SUPPLEMENTARY INFORMATION: SDG&E is 

proposing a new 500 kV transmission 


erjones on PROD1PC72 with NOTICES