Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Notices 21045 

Commission through its agents or 

employees whenever in the discretion of 

the Tribal Gaming Commission or 

Kiowa Tax Commission such a review 

or audit is necessary or otherwise 

appropriate to verify the accuracy of 

reports. 

(4) The Tribal Business Committee 

and the Kiowa Tax Commission shall 

have access to all written records 

required to be maintained by Licensees 

under this Ordinance. 

(e) Disposition of Funds Collected by 

the Tribal Gaming Commission in 

respect of the Licensing and Sale of 

Liquor. 

(1) The gross proceeds collected by 

the Tribal Gaming Commission from the 

issuance of Licenses for the sale of 

Liquor and from proceedings involving 

violations of this Ordinance shall be 

distributed to the Tribal Gaming 

Commission for the payment of all 

necessary personnel, administrative 

costs, and legal fees incurred in the 

enforcement of this Ordinance, 

including, but not limited to, reasonable 

reserves in aggregate amounts of up to 

the full amount of the annual budget of 

the Tribal Gaming Commission plus 

$300,000. and any surplus over such 

amounts and reserves shall as received 

be promptly paid over to the Kiowa Tax 

Commission for use for the purposes of 

the Tribe. 

(2) The Tribal Gaming Commission 

shall provide an annual report to the 

Tribal Business Committee setting forth 

an accounting of the funds received and 

expended under this Ordinance. 

Article 11 Abatement 

(a) Any Public Place where Liquor is 

sold, manufactured, bartered, 

exchanged, given away, furnished, or 

otherwise disposed of in violation of the 

provisions of this Ordinance, and all 

property kept in and used in 

maintaining such place, is hereby 

declared to be a public nuisance. 

(b) The Tribal Gaming Commission by 

its representative duly authorized by 

resolution by the Tribal Gaming 

Commission shall have standing, power 

and authority to institute and prosecute 

in an action in the Tribal Court or at the 

election of the Tribal Gaming 

Commission and subject to the 

jurisdictional rules that may apply, in 

the Federal District Court for the 

Western District of Oklahoma, a civil 

action to abate and enjoin any nuisance 

declared by the Tribal Gaming 

Commission under this Ordinance. 

(1) Upon establishment that probable 

cause exists to find that a nuisance 

exists, the court may grant restraining 

orders, temporary injunctions, and 

permanent injunctions in the case as in 

other injunction proceedings. Upon 

final judgment against the defendant, 

the court may also order the room, 

structure, or place closed for a period of 

one year or (if a lesser period is 

warranted) until the owner, lessee, 

tenant, or occupant thereof shall give 

bond of sufficient sum but not less than 

ten thousand dollars $10,000, payable to 

the Tribal Gaming Commission, (A) The 

bond must be, in form acceptable to the 

Tribal Gaming Commission, and (B) 

conditioned that Liquor will not be 

thereafter manufactured, kept, sold, 

bartered, exchanged, given away, 

furnished, or otherwise disposed of 

thereof in violation of the provision of 

this Ordinance, and that the defendant 

will pay all fines, costs and damages 

assessed against him/her for any 

violation of this Ordinance. 

(2) The Commission will return the 

bond to the owners, lessee, tenant, or 

occupant one year after submission of 

such bond to the Tribal Gaming 

Commission if the Commission has 

determined that there have been no 

further violations of the Ordinance 

within such period by the defendant. 

(3) If any conditions of the bond are 

violated, the whole amount may be 

forfeit and available for the use of Tribal 

Gaming Commission. 

(4) In all cases where any Person has 

been found responsible for a violation of 

this Ordinance relating to manufacture, 

importation, transportation, possession, 

distribution, and sale of Liquor: (A) An 

action may be brought to abate as a 

public nuisance the use of any real 

estate or other property involved in the 

violation of this Ordinance; and (B) 

proof of violation of this Ordinance 

shall be prima facie evidence that the 

room, house, building, vehicle, 

structure, or place against which such 

action is brought is a public nuisance. 

Article 12 Severability 

If any provision or application of this 

Ordinance is determined by review to 

be invalid, such determination shall not 

be held to render ineffectual the 

remaining portions of this Ordinance or 

to render such provisions inapplicable 

to other Persons or circumstances. Any 

and all prior tribal laws, resolutions or 

statutes of the Kiowa Indian Tribe of 

Oklahoma which are inconsistent with 

the provisions of this Ordinance are 

hereby rescinded and repealed to the 

extent inconsistent with this Ordinance. 

Article 13 Application of 18 U.S.C. 

1161 

Federal law requires that any 

authorization for the sale of Liquor 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 Ordinance shall be in conformity 

with Federal law and the laws of the 

State of Oklahoma as applicable. 

Article 14 Effective Date 

This Ordinance shall be effective after 

the Secretary of the Interior certifies the 

Ordinance and on the date it is 

published in the Federal Register. 

Article 15 Sovereign Immunity 

Nothing contained in this Ordinance 

is intended to, nor does it in any way, 

limits, alters, restricts, or waives the 

sovereign immunity of the Tribe or its 

agencies and instrumentalities from 

unconsented suit or action of any kind. 

Article 16 Duration 

This Ordinance shall be perpetual 

until repealed or amended by the Kiowa 

Indian Tribe of Oklahoma. 

Article 17 Limitations 

Notwithstanding anything contained 

herein to the contrary, until this 

Ordinance is further amended as 

provided in Article 16, no sale of Liquor 

shall be permitted on Tribal Lands other 

than at a Gaming Facility. 

[FR Doc. E7–8092 Filed 4–26–07; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[ID–210–1220–MA] 

Notice of Emergency Temporary 

Closure of Certain Public Lands, to 

Motorized Vehicles, in Owyhee County 

ID, Under Sailor Cap Emergency and 

Rehabilitation Plan 

AGENCY: Bureau of Land Management, 

Interior. 

SUMMARY: The Bureau of Land 

Management (BLM) Jarbidge Field 

Office, in order to protect natural 

resources and stabilization treatments 

conducted following the 2006 Sailor 

Cap Fire, is implementing an emergency 

temporary closure to all motorized 

vehicle traffic off established roads 

which are capable of being traveled by 

full size vehicles (e.g. all-terrain 

vehicles, pickups, motorcycles, sport 

utility vehicles, snowmobiles, etc.) 

within the fire perimeter and along 

fenced livestock allotments. The closure 

area follows the most logical boundaries 

according to transportation routes 

(please refer to supplementary 

information for description of closure 

area). The purpose of the closure is to 


cprice-sewell on PROD1PC66 with NOTICES
21046 Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Notices 

restrict off-road vehicle use while 

providing continued public access to 

and through the area. Vehicles traveling 

cross-country in a burned area may 

damage reemerging plants, increase 

erosion and spread noxious weeds. 

Motorized vehicles may continue to use 

established roads capable of being 

traveled by full size vehicles. 

DATES: This closure is in effect for two 

years, and may be lifted sooner if the 

BLM determines that revegetation and 

stabilization efforts have reduced 

resource concerns. 

FOR FURTHER INFORMATION CONTACT: Max 

Yingst, Outdoor Recreation Planner, 

Jarbidge Field Office, Bureau of Land 

Management, 2536 Kimberly Road, 

Twin Falls, ID 83301–7975, or call (208) 

736–2362. 

Closure Order: This closure order 

applies to approximately 64,708 acres of 

BLM lands and is considered an 

emergency situation to enhance 

protection of the resources involved. 

The Jarbidge Field Office will analyze 

the effects of the closure in the fall of 

2007 and extend, modify, or rescind the 

order at that time. 

This order affects public lands in 

Owyhee County, Idaho, thus described: 

T. 08S., R09 E, 24, 25, 33, 34, and 35, B.M. 

T. 09S., R09 E, all sections of BLM lands 

except 16 and 36, B.M. 

T. 09S., R10 E, sections 18, 19, 20, and 

sections 28 to 34 inclusive, B.M. 

T. 10S., R09 E, sections 1, 2, 11, 12, and 13, 

B.M. 

T. 10S., R10 E, sections 2 to15, inclusive, 

sections 17 to 28, inclusive and sections 

34 and 35, B.M. 

T. 10S., R11 E, sections 7, 18, 19, 20, and 

sections 28 to 33, inclusive B.M. 

T. 11S., R10 E, sections 1, 2, 3, 11, 12, 13, 

24, and 25 B.M. 

T. 11S., R11 E, sections 5 to 8, inclusive, 

sections 17 to 20, inclusive, and sections 

28, 29, and 30 B.M. 

A total of approximately 64,708 acres. 

The closure does not apply to 

authorized vehicles, rescue vehicles, 

BLM operation and maintenance 

vehicles, resource management 

activities or use by fire and law 

enforcement vehicles. In addition, 

access to private property by property 

owners may be authorized by the BLM 

Field Manager. Nothing in this closure 

is intended to affect legal hunting as 

consistent with Idaho Department of 

Fish and Game regulations. 

Under section 303(a) of the Federal 

Land Policy and Management Act of 

1976 (43 U.S.C. 1733(a) and 43 CFR 

8360–7), if you violate this closure on 

public land within the boundaries 

established, you may be tried before a 

United States Magistrate and fined no 

more than $1,000 or imprisoned for no 

more than 12 months, or both. Such 

violations may also be subject to the 

enhanced fines provided by Title 18 

U.S.C. 3571. 

Conditions for Ending Closure: Soil 

stabilization and revegetation treatments 

will be considered successful if and 

when the following occur: 

1. Slopes and soils show signs of 

stabilization and have not experienced 

slope failure through at least one winter 

season. 

2. Re-growth of vegetation has 

sufficiently obscured cultural sites 

exposed by the fire. 

3. Seeding treatments on burned areas 

have successfully established. 

ADDRESSES: A map of the closed area, 

along with more detailed information, 

may be obtained from the Jarbidge Field 

Office at 2536 Kimberly Road, Twin 

Falls, ID, 83301. This emergency closure 

notice is issued under the authority of 

43 CFR 8364.1. 

Richard Vander Voet, 

Jarbidge Field Office Manager, Bureau of Land 

Management. 

[FR Doc. E7–8118 Filed 4–26–07; 8:45 am] 

BILLING CODE 4310–GG–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[ID–420–2824–DD–FM04] 

Notice of Availability of a Final 

Environmental Impact Statement for 

the Eastside Township Fuels and 

Vegetation Project 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of availability. 

SUMMARY: In accordance with the 

National Environmental Policy Act 

(NEPA) of 1969, as amended, and the 

Federal Land Policy and Management 

Act (FLPMA) of 1976, as amended, the 

Bureau of Land Management (BLM) 

hereby gives notice that the Final 

Environmental Impact Statement (EIS) 

for the proposed Eastside Township 

Fuels and Vegetation Project is available 

for public review. The BLM is the lead 

Federal agency for preparation of the 

EIS in compliance with the 

requirements of the NEPA and the Nez 

Perce National Forest is a Cooperating 

Agency. 

DATES: The document will be available 

for 30 days following publication of a 

Notice of Availability (NOA) of this 

document, in the Federal Register, by 

the Environmental Protection Agency 

(EPA). 

ADDRESSES: The Final EIS is available 

online at the BLM Web site: http:// 

www.id.blm.gov/offices/cottonwood/ 

index.htm (available March 15, 2007). 

Copies of the document can also be 

viewed at or obtained by contacting the 

BLM Cottonwood Field Office, 1 Butte 

Drive, Cottonwood, ID 83522; or e-mail 

to robbin_boyce@blm.gov. 

FOR FURTHER INFORMATION CONTACT: 

Robbin Boyce at (208) 962–3245 or email: robbin_boyce@blm.gov. 

SUPPLEMENTARY INFORMATION: The 

Eastside Township Fuels and Vegetation 

Project (Eastside) is located in north 

central Idaho, near the southern portion 

of the Idaho Panhandle in Idaho County. 

The project area, which encompasses 

approximately 3,300 acres, borders the 

small, isolated town of Elk City and 

includes the surrounding wildland 

urban interface (WUI) areas. Actual 

BLM-administered lands to be treated 

total approximately 1,300 acres. 

This landscape level project was 

developed to address increasing fuel 

loads resulting from combined effects of 

long-term fire suppression and an ongoing mountain pine beetle epidemic in 

the Elk City area. The purpose of this 

project is to manage the fuels and 

vegetation conditions in the Elk City 

WUI area. The project objectives are to: 

• Reduce the risk of high intensity 

wildland fire to life, property and 

natural resources and the likelihood of 

severe local fire effects by removing 

dead, dying, and downed trees that 

would otherwise result in high fuel 

loading; 

• Manage forest stands to create 

conditions that will contribute to 

sustaining long-lived fire tolerant tree 

species by regenerating to western larch 

and Douglas-fir, and by retaining most 

Douglas-fir, western larch, and 

ponderosa pine; 

• Create an upward trend in fish 

habitat condition; and 

• Contribute to the economic and 

social well being of area users and local 

residents. 

Existing and potential fuel loads 

would be reduced through a 

combination of vegetation manipulation 

and fuels treatments while supporting a 

long term upward trend in fish habitat 

condition. Treatments include removing 

dead and dying trees and selectively 

harvesting other trees in both lodgepole 

pine and mixed conifer stands. Fuel 

treatments include thinning, piling and 

burning, prescribed burning, and 

biomass utilization. 

The Final EIS analyzes four 

alternatives based on issues identified 

during the scoping process. Alternatives 

include a no action alternative and the 


cprice-sewell on PROD1PC66 with NOTICES