2710 Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Notices 

System Administration Act of 1966, as 

amended by the National Wildlife 

Refuge System Improvement Act of 

1997, and the National Environmental 

Policy Act of 1969. This notice advises 

other Federal and State agencies and the 

public of our intent to complete detailed 

planning on this refuge and to obtain 

suggestions and information to include 

in the environmental document. Special 

mailings, newspaper articles, media 

announcements, and our Web site will 

provide information about future 

opportunities for public involvement in 

the planning process. 

DATES: We hosted a public information 

session and open house on January 17, 

2007 at the American Legion Hall, 

21423 Sharp Street, Rock Hall, 

Maryland. We announced this session at 

least 2 weeks in advance in special 

mailings, through local newspaper 

notices, on our Web site, and by 

personal contacts. Additional public 

information sessions in the local 

community are available upon request. 

ADDRESSES: Eastern Neck NWR, 1730 

Eastern Neck Road, Rock Hall, Maryland 

21661, at 410–639–7056 (telephone); 

410–639–2516 (FAX); http:// 

www.fws.gov/northeast/easternneck 

(Web site). 

FOR FURTHER INFORMATION CONTACT: 

Nancy McGarigal, Refuge Planner, U.S. 

Fish and Wildlife Service, 300 Westgate 

Center Drive, Hadley, Massachusetts 

01035; 413–253–8562 (telephone); 413–

253–8468 (FAX); 

northeastplanning@fws.gov (e-mail), 

noting Eastern Neck NWR in the subject 

title. 

SUPPLEMENTARY INFORMATION: Under the 

National Wildlife Refuge System 

Administration Act of 1966, as amended 

by the National Wildlife Refuge System 

Improvement Act of 1997 (16 U.S.C. 

668dd–668ee), we manage all lands in 

the National Wildlife Refuge System in 

accordance with an approved CCP. The 

plan guides management decisions and 

identifies refuge goals, management 

objectives, and strategies for achieving 

refuge purposes over a 15-year period. 

The planning process covers many 

elements, including wildlife and habitat 

management, visitor and recreational 

activities, special areas management, 

cultural resource protection, and 

facilities and infrastructure. We will 

determine which existing or proposed 

uses of the refuge are appropriate and 

compatible. We will also conduct a 

wilderness review and a wild and 

scenic rivers evaluation to determine 

whether any areas on the refuge qualify 

for those Federal designations. 

We encourage public input during the 

planning process. The comments we 

receive, including those submitted 

during initial public scoping in 2002, 

will help identify key issues and refine 

our goals and objectives for managing 

refuge resources and visitors. Additional 

opportunities for public participation 

will arise throughout the planning 

process, which we expect to complete in 

2008. We are presently summarizing 

refuge data and consulting resource 

experts to provide us a scientific basis 

for our management decisions. We will 

prepare the EA in accordance with the 

Council on Environmental Quality 

procedures for implementing the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321–4370d). 

The 2,285-acre Eastern Neck NWR is 

an island that lies at the confluence of 

the Chester River and the Chesapeake 

Bay in Kent County, Maryland. The 

refuge headquarters is located 

approximately 5 miles south of the town 

of Rock Hall. Habitats on the refuge are 

highly diverse and include woodland, 

grassland, open water, tidal marsh, and 

cropland. The refuge was established in 

1962 to protect migratory birds and is 

regionally recognized as a major feeding 

and resting place for a wide variety of 

migrating and wintering waterfowl. 

Huge rafts of ruddy ducks, canvasbacks, 

and scaup are commonly observed 

during winter, as are thousands of 

Atlantic Canada geese and black ducks 

in the refuge fields and waters. Of 

particular note are the wintering tundra 

swans that use adjacent shallow waters. 

Federally listed and rare species occur 

on the refuge, including a small 

population of the endangered Delmarva 

fox squirrel, the threatened southern 

bald eagle, and over 60 migratory birds 

of conservation concern. 

The refuge is also distinguished as a 

land-use demonstration site within the 

Chesapeake Bay watershed. Our 

agriculture program in support of 

wildlife habitat, our wetland restoration 

projects, native landscaping practices, 

and our renewable energy 

demonstration projects, serve as models 

for other landowners. 

We estimate 54,000 refuge visitors 

annually engage in hunting, fishing, 

wildlife observation and photography, 

and environmental education and 

interpretation programs. We maintain 

self-guided interpretive trails, fishing 

and observation platforms, and 

photography blinds to facilitate these 

activities. We also welcome a variety of 

school and youth groups throughout the 

year for educational and interpretive 

programs focused on the Chesapeake 

Bay ecosystem, its migratory birds, and 

other natural resources. 

Dated: December 21, 2006. 

Richard O. Bennett, 

Acting Regional Director, U.S. Fish and 

Wildlife Service, Hadley, Massachusetts. 

[FR Doc. E7–769 Filed 1–19–07; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Pueblo of Pojoaque Liquor Control Act 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

Pueblo of Pojoaque Liquor Control Act. 

The Act regulates and controls the 

possession, sale and consumption of 

liquor within the Pueblo of Pojoaque 

Indian Reservation. The reservation is 

located on trust land and this Act allows 

for the possession and sale of alcoholic 

beverages within the exterior 

boundaries of the Pueblo of Pojoaque 

Indian Reservation. This Act will 

increase the ability of the tribal 

government to control the distribution 

and possession of liquor within their 

reservation, and at the same time will 

provide an important source of revenue 

and strengthening of the tribal 

government and the delivery of tribal 

services. 

DATES: Effective Date: This Act is 

effective January 22, 2007. 

FOR FURTHER INFORMATION CONTACT: Iris 

Drew, Tribal Government Services 

Officer, Southwest Regional Office, 1001 

Indian School Road, Albuquerque, New 

Mexico 87104, Telephone (505) 563–

3530; Fax (505) 563–3060; or Ralph 

Gonzales, Office of Tribal Services, 1849 

C Street, NW., Mail Stop 4513-MIB, 

Washington, DC 20240; Telephone (202) 

513–7629; Fax 202–208–5113. 

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 Pueblo of Pojoaque Tribal Council 

adopted this Liquor Control Act by 

Resolution No. 2006–124 on November 

15, 2006. The purpose of this Act is to 

govern the sale, possession and 

distribution of alcohol within the 

Pueblo of Pojoaque Indian Reservation. 

This notice is published in 

accordance with the authority delegated 

by the Secretary of the Interior to the 


rmajette on PROD1PC67 with NOTICES
Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Notices 2711 

Principal Deputy Assistant Secretary—

Indian Affairs. I certify that this Liquor 

Control Act of the Pueblo of Pojoaque 

was duly adopted by the Tribal Council 

on November 15, 2006. 

Dated: January 10, 2007. 

Michael D. Olsen, 

Principal Deputy Assistant Secretary—Indian 

Affairs. 

The Pueblo of Pojoaque Liquor 

Control Act reads as follows: 

Pueblo of Pojoaque Liquor Control Act; 

History of Alcoholic Beverage Law on 

the Pueblo of Pojoaque and Severability 

of Provisions 

On March 13, 1963, the Pueblo of 

Pojoaque Tribal Council (Tribal 

Council) approved the introduction, sale 

and possession of intoxicating beverages 

on the Pojoaque Pueblo Reservation 

[sic], New Mexico. The Secretary of 

Interior certified the March 13, 1963 

Tribal Council Resolution and 

published the Resolution in the August 

8, 1963 edition of the Federal Register, 

volume 28, number 154. In accord with 

applicable Federal and State law, the 

Tribal Council approved Resolution 95–

33, dated on May 18, 1995, authorizing 

the regulation of alcoholic beverages by 

the Pueblo of Pojoaque Alcoholic 

Beverage Commission. On April 6, 2006, 

the Tribal Council approved Resolution 

06–31, authorizing the Pueblo of 

Pojoaque Alcoholic Beverage 

Commission to license non-tribal 

alcoholic beverage establishments 

within Pueblo-owned lands within the 

exterior boundaries. 

No provision of this Act shall be 

construed to conflict with applicable 

Federal or State laws. Any provision 

deemed to be in conflict shall be 

severed from the Act, but shall not void 

other provisions of the Act. 

Sec. 1. Definitions 

A. ‘‘Alcoholic beverages’’ means 

distilled or rectified spirits, potable 

alcohol, brandy, whiskey, rum, gin and 

aromatic bitters or any similar alcoholic 

beverage, including blended or 

fermented beverages, dilutions or 

mixtures of one or more of the foregoing 

containing more than one-half of one 

percent alcohol, but excluding 

medicinal bitters: 

(1) ‘‘Spirituous liquors’’ means 

alcoholic beverages except fermented 

beverages such as wine, beer and ale; 

(2) ‘‘Beer’’ means any alcoholic 

beverage obtained by the fermentation 

of any infusion or decoction of barley, 

malt and hops or other cereals in water 

and includes porter, beer, ale and stout; 

(3) ‘‘Fortified wine’’ means wine 

containing more than fourteen percent 

alcohol by volume when bottled or 

packaged by the manufacturer, but does 

not include: 

(a) Wine that is sealed or capped by 

cork closure and aged two years or 

more; 

(b) Wine that contains more than 

fourteen percent alcohol by volume 

solely as a result of the natural 

fermentation process and has not been 

produced with the addition of wine 

spirits, brandy or alcohol; or 

(c) Vermouth and sherry; and 

(4) ‘‘Wine’’ includes the words ‘‘fruit 

juices’’ and means alcoholic beverages 

obtained by the fermentation of the 

natural sugar contained in fruit or other 

agricultural products, with or without 

the addition of sugar or other products 

that do not contain less than one-half of 

one percent or more than twenty-one 

percent alcohol by volume. 

B. ‘‘Club’’ means any nonprofit group, 

including an auxiliary or subsidiary 

group, organized and operated under 

the laws of the Pojoaque Pueblo with a 

membership of not less than twenty 

members who pay membership dues at 

the rate of not less than five dollars 

($5.00) per year and who, under the 

constitution and bylaws of the club, 

have all voting rights and full 

membership privileges and which group 

is the owner, lessee or occupant of 

premises used exclusively for club 

purposes and which group the 

Commission finds is operated solely for 

recreation, social, patriotic, political, 

benevolent or athletic purposes. 

C. ‘‘Commission’’ means the Pueblo of 

Pojoaque Alcoholic Beverage 

Commission. 

D. ‘‘Dispenser’’ means any person 

licensed under the provisions of the 

Liquor Control Act selling, offering for 

sale or having in his possession with the 

intent to sell alcoholic beverages both 

by the drink for consumption on the 

licensed premises and in unbroken 

packages for consumption and not for 

resale off the licensed premises. 

E. ‘‘Micro brewer’’ means any person 

who produces less than five thousand 

barrels of beer in a year. 

F. ‘‘Minor’’ means any person under 

twenty-one (21) years of age. 

G. ‘‘Person’’ means any individual, 

estate, trust, receiver, cooperative 

association, club, corporation, company, 

firm, partnership, joint venture, 

syndicate, Pueblo-chartered corporation, 

or any other legal entity. 

H. ‘‘Restaurant’’ means any 

establishment having a New Mexico 

resident as a proprietor or manager 

which is held out to the public as a 

place where meals are prepared and 

served primarily for on-premises 

consumption to the general public in 

consideration of payment and which 

has a dining room, a kitchen and the 

employees necessary for preparing, 

cooking and serving meals; provided 

that ‘‘restaurant’’ does not include 

establishments serving only 

hamburgers, sandwiches, salads and 

other fast foods. 

I. ‘‘Wholesaler’’ means any person 

holding a license issued under the 

Liquor Control Act who sells, offers for 

sale or possesses for the purposes of sale 

any alcoholic beverages for resale by the 

purchaser. 

Sec. 2. Pueblo of Pojoaque Alcoholic 

Beverage Commission 

A. The Commission is composed of 

up to five voting members. All members 

shall be named by the Tribal Council to 

serve for terms to be decided by the 

Tribal Council. The Commission shall 

determine its officers and chairperson. 

B. Commission members shall meet at 

the call of the chairperson. Members of 

the Commission shall be reimbursed for 

per diem and mileage and shall receive 

a monthly stipend in accordance with 

Pueblo of Pojoaque Tribal guidelines. 

C. The Commission will be 

responsible for issuing licenses and 

determining the outcome of all matters 

relating to the use and sales of alcoholic 

beverages within land owned by the 

Pueblo of Pojoaque within the exterior 

boundaries of Pojoaque Pueblo. These 

decisions will be made in accordance 

with applicable federal and New Mexico 

laws. 

D. It shall be the policy of the 

Commission that the sale, service and 

public consumption of alcoholic 

beverages within the exterior 

boundaries of the Pueblo of Pojoaque 

shall be licensed, regulated and 

controlled so as to protect the public 

health, safety and morals. Therefore, the 

Commission shall investigate the 

qualifications of the applicants for 

licenses and shall investigate the 

premises for which any license is sought 

before the license is issued. 

E. Any person to whom a license is 

issued shall be fully liable and 

accountable for the use of the license, 

including but not limited to liability for 

all violations of the Liquor Control Act. 

F. All managers are responsible for 

acts relating to alcohol service within 

the scope of their employment or while 

performing alcohol-related duties in the 

conduct of business. 

G. All fees collected by the 

Commission shall be placed in the 

General Operating Fund of the Pueblo of 

Pojoaque under the designation ‘‘Pueblo 

of Pojoaque Alcoholic Beverage 

Commission’’ or under such designation 


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2712 Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Notices 

as the Pueblo of Pojoaque Financial 

Officer shall recommend. 

H. The final decisions of the 

Commission may be appealed only to 

the Tribal Council. 

I. The Commission is authorized to 

license any person within the 

boundaries of lands over which the 

Pueblo of Pojoaque has jurisdiction if 

the alcoholic beverages are purchased 

from New Mexico wholesalers. 

Sec. 3. Regulations Concerning 

Alcoholic Beverages 

Sec. 3.1 Compliance with Liquor 

Control Act. 

A. The sale or the possession for the 

purpose of sale or offering for sale, 

manufacture or transportation of 

alcoholic beverages is hereby prohibited 

within the exterior boundaries of Pueblo 

of Pojoaque except on the terms and 

conditions specified in the Liquor 

Control Act. 

B. It is unlawful for any person to 

deliver any alcoholic beverages for 

resale within the exterior boundaries of 

Pojoaque Pueblo unless such person has 

complied with the laws of the Pueblo of 

Pojoaque and applicable laws of the 

State of New Mexico. 

Sec. 3.2 Alcoholic Beverages in 

Unlicensed Public Places. It is unlawful 

for any person to drink or consume 

alcoholic beverages or for any person 

who is the owner, proprietor, operator 

or agent of the owner, proprietor or 

operator to sell, serve, furnish or permit 

the drinking or consumption of 

alcoholic beverages in any public place 

of any public club, whether operated for 

profit or not, except in those 

establishments having a license to 

dispense alcoholic beverages. 

Sec. 4. Regulations Concerning Minors 

Sec. 4.1 Employment of Minors. It is 

unlawful for any licensee knowingly to 

employ any person under twenty-one 

(21) years of age in the sale and service 

of alcoholic beverages. 

Sec. 4.2 Selling or Giving Alcoholic 

Beverages to Minors. 

A. It is unlawful for any club, retailer, 

dispenser or any other person to do any 

of the following: 

(1) Sell, serve or give any alcoholic 

beverages to a minor, or to permit a 

minor to consume alcoholic beverages 

on the licensed premises; 

(2) Buy alcoholic beverages for or 

procure the sale or service of alcoholic 

beverage to a minor; 

(3) Deliver alcoholic beverages to a 

minor; 

(4) Aid or assist a minor to buy, 

procure or be served with alcoholic 

beverages. 

B. It is unlawful for any minor to 

consume, buy, attempt to buy, receive, 

possess or permit himself to be served 

with any alcoholic beverage in a 

licensed premise. 

C. If any person not a minor deceives 

another person to believe that a minor 

is legally entitled to be sold, served or 

delivered alcoholic beverages, he and 

not the person deceived shall have 

committed an unlawful act. 

D. It is unlawful for any person to 

give, loan, sell or deliver an identity 

card to a minor with the knowledge that 

the minor intends to use the identity for 

the purpose of procuring or attempting 

to procure any alcoholic beverages. 

E. It is unlawful for minor employees 

to ring up and/or accept payment in 

liquor in licensed premises. All alcohol 

servers must wear a color-coded tag 

verifying LCC certification on their 

badge during business hours. Updated 

lists of certified alcohol servers shall be 

submitted to the Commission annually, 

with license renewal applications. Upon 

completion of alcohol server’s training, 

certifications shall be forwarded to the 

Commission. 

Sec. 5. Licenses and License Tax 

Sec. 5.1 Licenses; Required Sales and 

Shipment. It is unlawful for any person, 

on his own behalf or as agent for 

another person, except a duly licensed 

wholesaler, directly or indirectly to sell 

or offer for sale or ship or transport into 

the exterior boundaries of the Pojoaque 

Pueblo for resale any alcoholic 

beverages, except to a duly licensed 

retailer, dispenser, club, micro brewer, 

restaurant, canopy operator or special 

dispenser. 

Sec. 5.2 Application for Pueblo of 

Pojoaque License. Applications for a 

Pueblo of Pojoaque license under this 

section shall be made to the 

Commission and shall contain such 

information as the Commission shall 

prescribe. 

Sec. 5.3 License Tax. 

A. Annual license taxes on the 

privileges of persons holding liquor 

licenses issued by the Commission are 

imposed as follows: 

(1) Dispenser: an annual fee of one 

thousand two hundred and fifty dollars 

($1,250); 

(2) Retailer: an annual fee of one 

thousand two hundred and fifty dollars 

($1,250); 

(3) Club: an annual fee of one 

thousand two hundred and fifty dollars 

($1,250); 

(4) Micro brewer: an annual fee of one 

thousand two hundred and fifty dollars 

($1,250); 

(5) Restaurant: an annual fee of one 

thousand dollars ($1,000); 

(6) Canopy: an annual fee of one 

thousand two hundred and fifty dollars 

($1,250); 

B. The licenses specified in 

Subsection A of this section shall be reissued annually on or about July 1 upon 

the payment of the annual license fee. 

Renewal applications and fees shall be 

submitted no later than May 1, to the 

proper review and evaluation. 

Application fees and/or licensing fees 

shall not be prorated. Any late renewal 

applications shall be subject to a late fee 

assessment of not more than ten percent 

(10%) of the liquor application fee. 

Sec. 5.4 Special Dispensers’ Permits. 

Any person granted a special 

dispenser’s permit for use within the 

exterior boundaries of the Pueblo of 

Pojoaque shall pay in advance a fee of 

fifty dollars ($50.00) per day for each 

day or fraction thereof that the permittee 

is to dispense alcoholic beverages. Any 

other fees will be determined by the 

Commission at the time of licensing. 

The Commission shall consider the 

proposed use, location and extent of the 

permit before determining the fees. 

Special dispenser’s permits may only be 

issued in connection with a public 

celebration upon written approval from 

the Commission. 

Sec. 6. Penalty 

Sec. 6.1 As provided in the Liquor 

Control Act, the failure to pay the 

license or permit fees imposed by this 

chapter, in addition to any penalty 

imposed by the Pueblo of Pojoaque 

Tribal Court, shall be grounds for 

closing forthwith the place of business 

of any defaulting licensee. 

[FR Doc. E7–797 Filed 1–19–07; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Reclamation 

Fourth Public Meeting for 

Reclamation’s Managing for 

Excellence Project 

AGENCY: Bureau of Reclamation, 

Interior. 

ACTION: Notice of a public meeting and 

announcement of subsequent meetings 

to be held. 

SUMMARY: The Bureau of Reclamation is 

holding a meeting to inform the public 

about the Managing for Excellence 

project. This meeting is the first of three 

meetings that will be held in 2007 to 

inform the public about the action 

items, progress, and results of the 

Managing for Excellence project and to 

seek broad public input and feedback. 


rmajette on PROD1PC67 with NOTICES