15716 Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices 

required to present any one of the 

following forms of identification, which 

is effective and shows the person’s 

correct age, signature and photograph: 

(1) Driver’s license or identification 

card issued by any state within the 

United States of America; 

(2) United States Active Duty Military 

Identification card; or 

(3) Valid Passport. 

Section 6.11. Possession of Liquor 

Contrary to This Ordinance. Alcoholic 

beverages which are possessed contrary 

to the terms of this ordinance are 

declared to be contraband. Any Tribal 

agent, employee, or officer who is 

authorized by the Tribal Council to 

enforce this ordinance shall have the 

authority to seize all contraband. 

Section 6.12. Disposition of Seized 

Contraband. Any Tribal agent, 

employee or officer seizing contraband 

under Section 6.11 shall preserve the 

contraband in accordance with 

applicable California law. Any person 

found in violation of this ordinance by 

the Tribal Council shall forfeit all right, 

title and interest in the items seized, 

which shall become the property of the 

Tribe. 

Chapter VII—Taxes 

Section 7.1. Sales Tax. There is 

hereby levied and shall be collected a 

tax on each sale of alcoholic beverages 

on Tribal Land in the amount of one 

percent (1%) of the sale price. The tax 

imposed by this section shall apply to 

all retail sales of liquor on Tribal Land 

and, with respect to sales by the Tribe 

and/or Tribal members, shall preempt 

any tax imposed on such liquor sales by 

the State of California. 

Section 7.2. Payments of Taxes to 

Tribe. All taxes from the sale of 

alcoholic beverages on Tribal Land shall 

be paid over to the trust agent of the 

Tribe. 

Section 7.3. Taxes Due. All taxes for 

the sale of alcoholic beverages on Tribal 

Land shall be due and owing to the 

Tribe within thirty (30) days of the end 

of the calendar quarter for which the 

taxes are due. 

Section 7.4. Reports. Along with 

payment of the taxes imposed herein, 

the taxpayer shall submit an accounting 

for the quarter of all income from the 

sale or distribution of alcoholic 

beverages, as well as for the taxes 

collected. 

Section 7.5. Audit. As a condition of 

obtaining a Tribal liquor license, the 

licensee must agree to a review or an 

audit of its books and records relating to 

the sale of alcoholic beverages on Tribal 

Land. Said review or audit may be done 

annually by the Tribe through its agents 

or employees whenever, in the opinion 

of the Tribal Council, such a review or 

audit is necessary to verify accuracy of 

reports. 

Chapter VIII—Profits 

Section 8.1. Disposition of Proceeds. 

The gross proceeds collected by the 

Tribe from all licensing and taxation of 

the sale of alcoholic beverages on Tribal 

Land shall be used and distributed for 

the payment of all necessary personnel, 

administrative costs, and legal fees for 

Tribal liquor ordinance operations and 

activities, and the remainder shall be 

deposited in the Trust Account of the 

Tribe. 

Chapter IX—Severability and 

Miscellaneous 

Section 9.1. Severability. If any 

provision or application of this 

ordinance is determined by review to be 

invalid, such determination shall not be 

held to render ineffective the remaining 

portions of this ordinance, nor shall 

such determination be held to render 

valid provisions of this ordinance that 

are inapplicable to other persons or 

circumstances. 

Section 9.2. Prior Enactments. All 

prior enactments of the Tribal Council 

that are inconsistent with the provisions 

of this ordinance are hereby rescinded. 

Section 9.3. Conformance with 

California Laws. All acts and 

‘‘transactions’’ under this ordinance 

shall be in conformity with the laws of 

the State of California as that term is 

used in 18 U.S.C. 1161. 

Section 9.4. Effective Date. This 

ordinance shall be effective on such 

date as the Secretary of the Interior 

certifies this ordinance and publishes 

the same in the Federal Register. 

Chapter X—Amendment 

Section 10.1. This ordinance may 

only be amended by a majority vote of 

the Tribal Council. 

Chapter XI—Sovereign Immunity 

Section 11.1. Nothing contained in 

this ordinance is intended to, nor does 

it in any way limit, alter, restrict, or 

waive the Tribe’s sovereign immunity 

from unconsented suit or action. 

Certification 

We, the undersigned duly elected 

official(s) of the Buena Vista Rancheria, 

do hereby certify under penalty of 

perjury that on September 13, 2006, the 

foregoing Ordinance was adopted at a 

duly called meeting of the Tribal 

Council with a quorum present by a 

vote of: 1 for, 0 against, and 0 

abstaining. 

Rhonda L. Morningstar Pope, Date: 

09/20/2006, Tribal Chairperson. 

Attested By: Monica Duran, Date: 09/ 

20/2006, Council Support Secretary. 

[FR Doc. E7–5962 Filed 3–30–07; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Chickasaw Nation Liquor Control 

Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

Liquor Control Ordinance of the 

Chickasaw Nation of Oklahoma (Tribe). 

The Ordinance regulates and controls 

the possession, sale and consumption of 

liquor within the tribal lands of the 

Tribe. The tribal lands are located in 

Indian country and this Ordinance 

allows for possession and sale of 

alcoholic beverages within their exterior 

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 April 2, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Charles Head, Tribal Government 

Services Officer, Eastern Oklahoma 

Regional Office, 3100 W. Peak Blvd., 

Muskogee, OK 74402, Telephone: (918) 

781–4685, Fax (918) 781–4649; 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, Pub. L. 

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 Chickasaw Tribal 

Legislature (Legislature) adopted its 

Liquor Ordinance by Resolution No. 24–

001 on October 20, 2006, and amended 

it by Resolution No. 24–003 on 

December 15, 2006 to conform to state 

law. This Liquor Ordinance will be the 

first published in the Federal Register 

for the Tribe. The purpose of this 

Ordinance is to govern the sale, 

possession and distribution of alcohol 

within tribal lands of the Tribe. 


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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 

Control Ordinance of the Chickasaw 

Nation of Oklahoma was duly adopted 

by the Legislature on October 20, 2006 

and properly amended on December 15, 

2006. 

Dated: March 22, 2007. 

Michael D. Olsen, 

Principal Deputy Assistant Secretary—Indian 

Affairs. 

The Chickasaw Nation of Oklahoma 

Liquor Control Ordinance reads as 

follows: 

Chickasaw Nation of Oklahoma Liquor 

Control Ordinance 

Section 3–201.1 Title 

Be it enacted by the Tribal Legislature 

of the Chickasaw Nation assembled, that 

this Act may be cited as the ‘‘Beverage 

Control Act of 2007’’ (hereinafter 

‘‘Act’’). This Act is enacted by the 

Chickasaw Tribal Legislature under the 

authority of Article VI, Section 1 and 

Article VII, Section 4 of the Constitution 

of the Chickasaw Nation, wherein the 

Legislature is required to prescribe 

procedures and regulations pertaining to 

the Chickasaw Nation. 

Section 3–201.2 Findings 

The Legislature finds that: 

1. It is necessary to adopt strict 

controls over the operation of certain 

beverage sales conducted in Indian 

Country which is under the jurisdiction 

of the Chickasaw Nation; and 

2. It is necessary to establish legal 

authority for the Chickasaw Nation, its 

agents, servants and employees to 

engage in Alcoholic Beverage sales on 

tribal lands within the legal boundaries 

of the Chickasaw Nation, provided that 

such locations are in compliance with 

the laws of the State of Oklahoma. 

Section 3–201.3 Definitions 

As used in this Act, the following 

words shall have the following 

meanings unless the context in which 

they appear clearly requires otherwise: 

1. ‘‘Alcohol’’ means and includes 

hydrated oxide of ethyl, ethyl Alcohol, 

Alcohol, ethanol, or Spirits of Wine, 

from whatever source and by whatever 

process produced; 

2. ‘‘Alcoholic Beverage’’ means 

Alcohol, Spirits, Beer and Wine as those 

terms are defined herein and also 

includes every liquid or solid, patented 

or not, containing Alcohol, Spirits, 

Wine or Beer and capable of being 

consumed as a beverage by human 

beings, but does not include Low-Point 

Beer; 

3. ‘‘Bar’’ means any establishment 

with special space and accommodations 

for the sale of alcoholic beverages and 

for consumption on-premises as defined 

herein; 

4. ‘‘Beer’’ means any beverage 

containing more than three and twotenths percent (3.2%) of Alcohol by 

weight and obtained by the alcoholic 

fermentation of an infusion or decoction 

of barley or other grain, malt or similar 

products. ‘‘Beer’’ may or may not 

contain hops or other vegetable 

products. ‘‘Beer’’ includes, among other 

things, Beer, ale, stout, lager Beer, porter 

and other malt or brewed liquors, but 

does not include sake, known as 

Japanese rice Wine; 

5. ‘‘Chickasaw Nation Tax 

Commission’’ means the commission 

created by the Legislature as found in 

Section 2–1071 in the Code of Laws of 

the Chickasaw Nation; 

6. ‘‘Light Wine’’ means any Wine 

containing not more than fourteen 

percent (14%) Alcohol measured by 

volume at sixty (60) degrees Fahrenheit; 

7. ‘‘Liquor Store’’ means any store at 

which Alcoholic Beverages are sold and, 

for the purpose of this Act, includes 

stores only a portion of which are 

devoted to the Sale of Alcoholic 

Beverages; 

8. ‘‘Low-Point Beer’’ or ‘‘Light Beer’’

means and includes beverages 

containing more than one-half of one 

percent (1⁄2 of 1%) Alcohol by volume, 

and not more than three and two-tenths 

percent (3.2%) Alcohol by weight, 

including but not limited to Beer or 

cereal malt beverages obtained by the 

alcoholic fermentation of an infusion of 

barley or other grain, malt or similar 

products; 

9. ‘‘Mixed Beverage’’ means one or 

more servings of a beverage composed 

in whole or part of an Alcoholic 

Beverage in a sealed or unsealed 

container of any legal size for 

consumption on the premises where 

served or sold by the holder of a license; 

10. ‘‘Original Package’’ means any 

container or receptacle used for holding 

Alcoholic Beverages filled and stamped 

or sealed by the manufacturer; 

11. ‘‘Public Place’’ means 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 

rooms 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 has right 

to access, public conveyances of all 

kinds and character; and all other places 

of like or similar nature to which the 

general public has right to access, and 

which are generally used by the public; 

12. ‘‘Sale’’ and ‘‘Sell’’ mean the 

exchange, barter and traffic, including 

the selling or supplying or distributing, 

by any means whatsoever, by any 

person to any person; 

13. ‘‘Spirits’’ means any beverage 

other than Wine, Beer or Light Beer, 

which contains more than one-half of 

one percent (1⁄2 of 1%) Alcohol 

measured by volume and obtained by 

distillation, whether or not mixed with 

other substances in solution and 

includes those products known as 

whiskey, brandy, rum, gin, vodka, 

liqueurs, cordials and fortified wines 

and similar compounds; but shall not 

include any Alcohol liquid completely 

denatured in accordance with the Acts 

of Congress and regulations pursuant 

thereto; 

14. ‘‘Tribal Court’’ means the 

Chickasaw Nation Tribal District Court; 

15. ‘‘Tribal Lands’’ means any or all 

land over which the Chickasaw Nation 

exercises governmental powers and that 

is either held in trust by the United 

States for the benefit of the Chickasaw 

Nation or individual citizens of the 

Chickasaw Nation subject to restrictions 

by the United States against alienation, 

and dependent Indian communities, as 

contained in Title 18 section 1151 of the 

United States Code; 

16. ‘‘Wine’’ means and includes any 

beverage containing more than one-half 

of one percent (1⁄2 of 1%) Alcohol by 

volume and not more than twenty-four 

percent (24%) Alcohol by volume at 

sixty (60) degrees Fahrenheit obtained 

by the fermentation of the natural 

contents of fruits, vegetables, honey, 

milk or other products containing sugar, 

whether or not other ingredients are 

added, and includes vermouth and sake, 

known as Japanese rice Wine. 

Section 3–201.4 Chickasaw Nation 

Tax Commission Powers and Duties 

In furtherance of this Act, the 

Chickasaw Nation Tax Commission 

shall have the following powers and 

duties: 

1. Publish and enforce rules and 

regulations adopted by the Chickasaw 

Nation Tax Commission governing the 

sale, distribution and possession of 

Alcoholic Beverages on Tribal Lands; 

2. Employ such persons as shall be 

reasonably necessary to allow the 

Chickasaw Nation Tax Commission to 

perform its functions; 

3. Issue licenses permitting the sale or 

distribution of Alcoholic Beverages on 

Tribal Lands; 


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4. Hold hearings on violations of this 

Act or for the issuance of revocation of 

licenses hereunder; 

5. Bring suit in Tribal Court or other 

appropriate court to enforce this Act as 

necessary; 

6. Determine and seek damages for 

violation of this Act; 

7. Make such reports as may be 

requested or required by the Governor of 

the Chickasaw Nation, who may share 

those reports with the Chickasaw Tribal 

Legislature; 

8. Collect taxes and fees levied or set 

by the Chickasaw Tribal Legislature and 

keep accurate records, books and 

accounts; 

9. Adopt procedures which 

supplement this Act and regulations 

promulgated by the Chickasaw Nation 

Tax Commission 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; and 

10. Request amendments to this Act to 

address future changes in the way the 

Chickasaw Nation sells, distributes or 

possesses Alcoholic Beverages in order 

to ensure that this Act remains 

consistent with state Alcoholic Beverage 

laws. 

Section 3–201.5 Inspection Rights 

The premises on which beverages 

defined in this Act are sold or 

distributed shall be open for inspection 

by the Chickasaw Nation Tax 

Commission and/or its staff at all 

reasonable times for the purposes of 

ascertaining compliance with the rules 

and regulations of the Chickasaw Nation 

Tax Commission and this Act. 

Section 3–201.6 Sales of Alcohol 

A. A person or entity who is licensed 

by the Chickasaw Nation Tax 

Commission may make retail sales of 

beverages as defined in this Act in their 

facility and the patrons of the facility 

may consume such liquor within any 

facility, other than a convenience store 

location. The introduction and 

possession of beverages as defined in 

this Act consistent with this Act shall 

also be allowed. All other purchases and 

sales of beverages as defined in this Act 

on Tribal Lands shall be prohibited. 

Sales of beverages as defined in this Act 

on Tribal Lands may only be made at 

businesses that hold a license from the 

Chickasaw Nation Tax Commission. 

B. All sales of beverages as defined in 

this Act on Tribal Lands 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. 

C. All sales of beverages as defined in 

this Act shall be for the personal use 

and consumption of the purchaser. 

Resale of any beverage as defined in this 

Act on Tribal Lands is prohibited. Any 

person who is not licensed pursuant to 

this Act who purchases beverages as 

defined in this Act on Tribal Lands 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 

Chickasaw Nation as set forth herein. 

Section 3–201.7 Licensing and 

Application 

A. In order to control the proliferation 

of establishments on Tribal Lands that 

sell or serve liquor by the bottle or by 

the drink, all persons or entities that 

desire to sell beverages as defined in 

this Act on Tribal Lands must apply to 

the Chickasaw Nation Tax Commission 

for such a license. 

B. Any citizen of the Chickasaw 

Nation 21 years of age or older, or an 

enrolled citizen of a federallyrecognized tribe 21 years of age or older, 

other person 21 years of age or older or 

entity that is owned or controlled by an 

individual 21 years of age or older may 

apply to the Chickasaw Nation Tax 

Commission for a license to sell or serve 

beverages as defined in this Act on 

Tribal Lands. Any person or entity 

applying for a license to sell or serve 

beverages as defined in this Act on 

Tribal Lands must fill in the application 

provided for this purpose by the 

Chickasaw Nation Tax Commission and 

pay such application fee as may be set 

by the Chickasaw Nation Tax 

Commission. 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 beverages as defined in this Act. 

C. The person applying for such 

license must make a showing once a 

year, and must satisfy the Chickasaw 

Nation Tax Commission, that he is a 

person of good character, having never 

been convicted of violating any of the 

state Alcoholic Beverage laws or the 

laws promulgated under this Act; that 

he has never been convicted of violating 

any of the gambling laws of Oklahoma, 

or any other state of the United States, 

or of this or any other tribe; that he 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 has 

not had any permit or license to sell any 

intoxicating liquors revoked in any 

county of Oklahoma, or any other state, 

or of any tribe; and that at the time of 

his application for a license, he is not 

the holder of a retail liquor dealer’s 

permit or license from the United States 

government to engage in the sale of 

beverages as defined in this Act. 

D. The Chickasaw Nation Tax 

Commission shall receive and process 

applications and related matters. All 

actions relating to applications by the 

Chickasaw Nation Tax Commission 

shall be by majority vote. The 

Chickasaw Nation Tax Commission 

may, by resolution, authorize one of its 

members or a member of its staff to 

issue licenses for the sale of beverages 

as defined in this Act. 

E. Each license shall be issued for a 

period not to exceed one (1) year from 

the date of issuance. 

F. A licensee may renew its license if 

the licensee has complied in full with 

this Act; provided, however, that the 

Chickasaw Nation Tax 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 

residents of the Chickasaw Nation. 

G. The Chickasaw Nation Tax 

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. 

H. Within 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 

Chickasaw Nation Tax Commission 

under this Act, the licensee may deliver 

to the Chickasaw Nation Tax 

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 Chickasaw Nation Tax 

Commission and a written decision will 

be issued. Such decisions will be 

considered final unless an appeal is 

filed in accordance with Title 5, Chapter 

2, Article G of the Chickasaw Nation 

Code. All proceedings conducted under 

all sections of this Act shall be in accord 

with due process of law. 

I. Licenses issued by the Chickasaw 

Nation Tax Commission shall not be 

transferable and may only be used by 

the person or entity in whose name it is 

issued. 


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Section 3–201.8 Taxes 

A. As a condition precedent to the 

conduct of any operations pursuant to a 

license issued by the Chickasaw Nation 

Tax Commission, the licensee must 

obtain from the Chickasaw Nation Tax 

Commission such licenses, permits, tax 

stamps, tags, receipts or other 

documents or things evidencing receipt 

of any license or payment of any tax or 

fee administered by the Chickasaw 

Nation Tax Commission or otherwise 

showing compliance with the tax laws 

of the Chickasaw Nation. 

B. In addition to any other remedies 

provided in this Act, the Chickasaw 

Nation Tax Commission may suspend or 

revoke any licenses issued by it upon 

the failure of the licensee to comply 

with the obligations imposed upon the 

licensee by the Chickasaw Nation Tax 

Commission, by the Chickasaw Nation, 

or any rule, regulation or order of the 

Chickasaw Nation Tax Commission. 

Section 3–201.9 Rules, Regulations 

and Enforcement 

A. In any proceeding under this Act, 

conviction of one unlawful sale or 

distribution of beverages as defined in 

this Act shall establish prima facie 

intent of unlawfully keeping, selling, or 

distributing beverages as defined in this 

Act in violation of this Act. 

B. Any person who shall in any 

manner sell or offer for sale or 

distribution or transport beverages as 

defined in this Act in violation of this 

Act shall be subject to civil damages 

assessed by the Chickasaw Nation Tax 

Commission. 

C. Any person within the boundaries 

of Tribal Lands who buys beverages as 

defined in this Act from any person 

other than a properly licensed facility 

shall be guilty of a violation of this Act. 

D. Any person who keeps or possesses 

beverages as defined in this Act 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 Act, shall be guilty of 

a violation of this Act. 

E. Any person who knowingly sells 

beverages as defined in this Act to a 

person who is obviously intoxicated or 

appears to be intoxicated shall be guilty 

of a violation of this Act. 

F. 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 beverages as defined in this Act 

in any public conveyance shall be guilty 

of an offense. Any person who shall 

drink beverages as defined in this 

chapter in a public conveyance shall be 

guilty of a violation of this Act. 

G. No person under the age of twentyone (21) years shall consume, acquire or 

have in his possession any beverages as 

defined in this Act. No person shall 

permit any other person under the age 

of twenty-one (21) years to consume 

beverages as defined in this Act 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. 

H. Any person who shall sell or 

provide any beverages as defined in this 

Act to any person under the age of 

twenty-one (21) years shall be guilty of 

a violation of this Act for each and every 

sale or drink provided. 

I. 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 beverages as defined in 

this Act 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. 

J. Any person who attempts to 

purchase beverages as defined in this 

Act through the use of false or altered 

identification that falsely purports to 

show the individual to be over the age 

of twenty-one (21) years shall be guilty 

of violating this Act. 

K. Any person who is convicted or 

pleads guilty to a violation of this Act 

shall be punished by imprisonment for 

not more than one (1) year, a fine not 

to exceed five thousand dollars ($5,000) 

or a combination of both penalties. In 

addition, if such person holds a license 

issued by the Chickasaw Tax 

Commission, the license shall be 

revoked. 

L. When requested by the provider of 

beverages as defined in this Act any 

person shall be required to present 

official documentation of the bearer’s 

age, signature and photograph. Official 

documentation includes one of the 

following: 

1. Driver’s license or identification 

card issued by any state department of 

motor vehicles; 

2. United States Active Duty Military 

Identification card; 

3. Tribally-issued identification card; 

or 

4. Passport. 

M. The consumption of beverages as 

defined in this Act on premises where 

such consumption or possession is 

contrary to the terms of this Act will 

result in a declaration that such 

beverages as defined in this Act are 

contraband. Any tribal agent, employee 

or officer who is authorized by the 

Chickasaw Nation Tax Commission 

shall seize all contraband and preserve 

it in accordance with provisions 

established for the preservation of 

impounded property. Upon being found 

in violation of this 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 Chickasaw Nation Tax 

Commission. 

Section 3–201.10 Abatement 

A. Any room, house, building, 

vehicle, structure or other place where 

beverages as defined in this Act are 

sold, manufactured, bartered, 

exchanged, given away, furnished or 

otherwise disposed of in violation of the 

provisions of this Act or of any other 

tribal statute or law relating to the 

manufacture, importation, 

transportation, possession, distribution 

and sale of beverages as defined in this 

Act and all property kept in and used 

in maintaining such place, is hereby 

declared a nuisance. 

B. The chairman of the Chickasaw 

Nation Tax Commission, or if the 

chairman fails or refuses to do so, the 

Chickasaw Nation Tax Commission, by 

a majority vote, shall institute and 

maintain an action in the Tribal Court 

in the name of the Chickasaw Nation to 

abate and perpetually enjoin any 

nuisance declared under this Section. 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 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 Chickasaw 

Nation and conditioned that beverages 

as defined in this Act will not be 

thereafter 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 are violated, the bond may 

be applied to satisfy any amounts due 

to the Chickasaw Nation under this Act. 

Section 3–201.11 Severability and 

Effective Date 

A. 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. 


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B. Once it has been signed into law by 

the Governor, this Act shall be effective 

on such date as the Secretary of the 

United States Department of the Interior 

certifies this Act and publishes the same 

in the Federal Register. 

C. Any and all previous statutes, laws 

and ordinances of the Chickasaw Nation 

Code which are inconsistent with this 

Act are hereby repealed and rescinded. 

Specifically repealed is Title 3, Chapter 

2, Sections 3–201 through 3–215 as they 

existed before passage of this, the 

Beverage Control Act of 2007. 

Section 3–201.12 Amendment and 

Construction 

Nothing in this Act may be construed 

to diminish or impair in any way the 

rights or sovereign powers of the 

Chickasaw Nation or its tribal 

government other than the due process 

provision at Section 3–201.7.H which 

provides that licensees whose licenses 

have been revoked or suspended may 

seek review of that decision in Tribal 

Court. Be it further resolved, that the 

Chickasaw Tribal Legislature hereby 

approves and adopts the following 

sections to be codified in Title 5, 

Chapter 15, Article F of the Chickasaw 

Nation Code: 

Section 5–1506.34 Definitions 

All definitions relating to the sale, 

purchase, or consumption of Alcohol 

found in the Beverage Control Act of 

2007 and are hereby incorporated by 

reference as if fully stated herein. 

Section 5–1506.35 Possession, 

Purchase, and Consumption by Person 

Under Twenty-One (21) Years of Age 

A. It shall be unlawful for any person 

under twenty-one (21) years of age to 

either: 

1. Consume or possess with the intent 

to consume beverages as defined in the 

Beverage Control Act of 2007; or 

2. Purchase or attempt to purchase 

beverages as defined in the Beverage 

Control Act of 2007, except under 

supervision of law enforcement officers. 

B. Possession, Purchase, or 

Consumption by Person Under TwentyOne (21) Years of Age shall be 

punishable by a fine not to exceed Two 

Hundred Fifty Dollars ($250.00), by 

imprisonment for not more than three 

(3) months, or both. 

Section 5–1506.36 Prohibited Sales to 

Person Under Twenty-One (21) Years of 

Age 

A. It shall be unlawful for any person 

to sell, serve, or otherwise supply, or 

attempt to sell, serve, or otherwise 

supply beverages as defined in the 

Beverage Control Act of 2007 to any 

person under twenty-one (21) years of 

age. 

B. Any person performing a 

Prohibited Sale to Person Under 

Twenty-One (21) Years of Age shall be 

punished by imprisonment for not more 

than one (1) year, a fine not to exceed 

Five Thousand Dollars ($5,000.00), or a 

combination of both penalties. In 

addition, if such person holds a license 

issued by the Chickasaw Tax 

Commission, the license may be 

revoked or other civil action may be 

taken pursuant to the Beverage Control 

Act of 2007. 

[FR Doc. E7–5961 Filed 3–30–07; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Indian Gaming 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of approved Tribal-State 

Compact. 

SUMMARY: This notice publishes 

approval of the Tribal-State Compact 

between the State of Oklahoma and Fort 

Sill Apache Tribe of Oklahoma. 

DATES: Effective Date: April 2, 2007. 

FOR FURTHER INFORMATION CONTACT: 

George T. Skibine, Director, Office of 

Indian Gaming, Office of the Deputy 

Assistant Secretary—Policy and 

Economic Development, Washington, 

DC 20240, (202) 219–4066. 

SUPPLEMENTARY INFORMATION: Under 

Section 11 of the Indian Gaming 

Regulatory Act of 1988 (IGRA), Public 

Law 100–497, 25 U.S.C. 2710, the 

Secretary of the Interior shall publish in 

the Federal Register notice of the 

approved Tribal-State Compact for the 

purpose of engaging in Class III gaming 

activities on Indian lands. This Compact 

authorizes the Fort Sill Apache Tribe of 

Oklahoma to engage in certain Class III 

gaming activities, provides for certain 

geographical exclusivity, limits the 

number of gaming machines at existing 

racetracks, and prohibits non-tribal 

operation of certain machines and 

covered games. 

Carl J. Artman, 

Assistant Secretary—Indian Affairs. 

[FR Doc. E7–5955 Filed 3–30–07; 8:45 am] 

BILLING CODE 4310–4N–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[CO–923–1430–ET; COC–70704] 

Notice of Proposed Withdrawal and 

Opportunity for Public Meeting; 

Colorado 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice; Correction. 

SUMMARY: The Bureau of Land 

Management published a document in 

the Federal Register of February 23, 

2007, concerning a notice of proposed 

withdrawal. The document contained 

errors in the land description. 

FOR FURTHER INFORMATION CONTACT: 

Andrew J. Senti, BLM Colorado State 

Office, 303–239–3713. 

In the Federal Register of February 

23, 2007, in FR Doc. E7–3085, on page 

8200, in the third column, make the 

following corrections to the land 

description: 

Sec. 4, the sixth and seventh lines 

should read ‘‘a metes and bounds parcel 

within lot 1 and the NW1⁄4NW1⁄4;’’

Sec. 15, the ninth and tenth lines 

should read ‘‘a metes and bounds parcel 

within the SW1⁄4SE1⁄4.’’

Andrew J. Senti, 

Acting Chief, Branch of Lands and Realty. 

[FR Doc. E7–6013 Filed 3–30–07; 8:45 am] 

BILLING CODE 4310–JB–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Winter Use Plans, Draft Environmental 

Impact Statement, Yellowstone and 

Grand Teton National Parks, and John 

D. Rockefeller, Jr. Memorial Parkway, 

Wyoming 

AGENCY: National Park Service, 

Department of the Interior. 

ACTION: Notice of Availability of the 

Draft Environmental Impact Statement 

for the Winter Use Plans, Yellowstone 

and Grand Teton National Parks, and 

John D. Rockefeller, Jr. Memorial 

Parkway. 

SUMMARY: Pursuant to the National 

Environmental Policy Act of 1969, 42 

U.S.C. 4332(2)(C), the National Park 

Service announces the availability of a 

Draft Environmental Impact Statement 

for the Winter Use Plans, Yellowstone 

and Grand Teton National Parks, and 

John D. Rockefeller, Jr. Memorial 

Parkway, Wyoming. 

DATES: The National Park Service will 

accept comments on the Draft 


hsrobinson on PROD1PC76 with NOTICES