Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Notices 44991

611. Possession of Liquor Contrary to

This Liquor Ordinance. Alcoholic

Beverages which are possessed contrary

to the terms of this Liquor Ordinance

are declared to be contraband. Any

Tribal agent, employee, or officer who is

authorized by the Tribal Business

Council to enforce this Section shall

have the authority to, and shall, seize all

contraband.

612. Disposition of Seized

Contraband. Any officer seizing

contraband shall preserve the

contraband in accordance with the

appropriate California law code. Upon

being found in violation of this Liquor

Ordinance by the Tribal Business

Council, the party shall forfeit all right,

title and interest in the items seized

which shall become the property of the

Tribe.

Taxes

701. Sales Tax. There is hereby levied

and shall be collected a tax on each sale

of Alcoholic Beverages on the

Reservation in the amount of one

percent (1%) of the amount actually

collected. The tax imposed by this

section shall apply to all retail sales of

Liquor on the Reservation and shall

preempt any tax imposed on such liquor

sales by the State of California.

702. Payment of Taxes to Tribe. All

taxes from the sale of Alcoholic

Beverages on the Reservation shall be

paid over to the Trust Agent of the

Tribe.

703. Taxes Due. All taxes from the

sale of Alcoholic Beverages on the

Reservation are due within thirty (30)

days of the end of the calendar quarter

for which the taxes are due.

704. 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.

705. Audit. As a condition of

obtaining a license, the licensee must

agree to the review or audit of its books

and records relating to the sale of

Alcoholic Beverages on the Reservation.

Said review or audit may be done

annually by the Tribe through its agents

or employees whenever, in the opinion

of the Tribal Business Council, such a

review or audit is necessary to verify the

accuracy of reports.

Profits

801. Disposition of Proceeds. The

gross proceeds collected by the Tribal

Business Council from all licensing

provided under this Liquor Ordinance,

or the imposition of civil penalties for

violating this Ordinance, or from the

taxation of the sales of Alcoholic

Beverages on the Reservation, shall be

distributed as follows:

a. For the payment of all necessary

personnel, administrative costs, and

legal fees for the operation and its

activities.

b. The remainder shall be turned over

to the Trust Account of the Tribe.

Severability and Miscellaneous

901. Severability. If any provision or

application of this Liquor Ordinance is

determined upon review by a court of

competent jurisdiction to be invalid,

such adjudication shall not be held to

render ineffectual the remaining

portions of this Ordinance or to render

such provisions inapplicable to other

persons or circumstances.

902. Prior Enactments. Any and all

prior ordinances, resolutions or

enactments of the Tribal Business

Council which are inconsistent with the

provisions of this Liquor Ordinance are

hereby rescinded.

903. Conformance with Tribal, State

and Federal Law. This Ordinance

conforms with all Rancheria tribal law

and governing documents such as the

Constitution and By-Laws. All

provisions and transactions under this

Ordinance shall be in conformity with

California State law regarding alcohol to

the extent required by 19 U.S.C. 1161

and with all federal laws regarding

alcohol in Indian country.

904. Enforcement. All actions brought

by the Tribal Business Council to

enforce the provisions of this Ordinance

shall be filed in the Tribal Court of the

Susanville Indian Rancheria. In the

absence of a tribal court, said actions

shall be filed in Federal court in the

Eastern District of California and be

appealable in the federal court system.

If the federal court should determine

that it lacks jurisdiction over said

action, it shall be filed in the California

state court in Lassen County with the

subject matter jurisdiction and venue

over the action. The first court system

to have jurisdiction over an enforcement

action, analyzing first, tribal court;

second, Federal court; and third, state

courts shall have exclusive jurisdiction

over such actions.

905. Effective Date. This Liquor

Ordinance shall be effective after the

Secretary of the Interior certifies the

Ordinance and publishes it in the

Federal Register.

Amendment

1001. Amendment or Repeal. This

Ordinance may be amended or repealed

by a majority vote of the Tribal Business

Council or by the General Council at a

properly held meeting. Amendments of

this Ordinance need not be published in

the Federal Register to become

effective.

Sovereign Immunity.

1101. Nothing contained in this

Liquor Ordinance is intended to nor

does in anyway limit, alter, restrict, or

waive the Tribe’s sovereign immunity

from unconsented suit or action.

Dated: August 18, 1997.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 97–22534 Filed 8–22–97; 8:45 am]

BILLING CODE 4310–02–U

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Operation and Maintenance Rate

Adjustment: Crow Irrigation Project,

Montana

ACTION: Notice of proposed Irrigation

Operation and Maintenance (O&M) Rate

Adjustment.

SUMMARY: The Bureau of Indian Affairs

proposes to change the assessment rates

for operating and maintaining the Crow

Irrigation Project for 1998, 1999, 2000,

2001, and subsequent years from the

current rate of $11.60 per acre. The

following table illustrates the impact of

the rate adjustment:

CROW IRRIGATION PROJECT

[Irrigation rate per assessable acre]

Year Present

1997

Proposed

1998

Proposed

1999

Proposed

2000

Proposed

2001

Rate .......................................................................................................... $11.60 $14.50 $15.00 $15.50 $16.00
44992 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Notices

FOR FURTHER INFORMATION CONTACT: Area

Director, Bureau of Indian Affairs,

Billings Area Office, 316 North 26th

Street, Billings, Montana 59101–1362,

telephone (406) 247–7998.

DATES: Interested parties may submit

comments on the proposed rate

adjustment. Comments must be

submitted on or before September 24,

1997.

ADDRESSES: All comments concerning

the proposed rate increase must be in

writing and addressed to: Director,

Office of Trust Responsibilities, Attn.:

Irrigation and Power, MS#4513–MIB,

Code 210, 1849 ‘‘C’’ Street, NW,

Washington, DC 20240, Telephone (202)

208–5480.

SUPPLEMENTARY INFORMATION: The

authority to issue this document is

vested in the Secretary of the Interior by

5 U.S.C. 301 and the Act of August 14,

1914 (38 Stat. 583, 25 U.S.C. 385). The

Secretary has delegated this authority to

the Assistant Secretary-Indian Affairs

pursuant to part 209 Departmental

Manual, Chapter 8.1A and

Memorandum dated January 25, 1994,

from Chief of Staff, Department of the

Interior, to Assistant Secretaries, and

Heads of Bureaus and Offices.

This notice is given in accordance

with § 171.1(e) of part 171, Subchapter

H, Chapter 1, of Title 25 of the Code of

Federal Regulations, which provides for

the fixing and announcing the rates for

annual operation and maintenance

assessments and related information of

the Crow Irrigation Project for Calendar

Year 1998 and subsequent years.

The assessment rates are based on a

prepared estimate of the cost of normal

operation and maintenance of the

irrigation project. Normal operation and

maintenance means the expenses we

incur to provide direct support or

benefit to the project’s activities for

administration, operation, maintenance,

and rehabilitation. We must include at

least:

(a) Personnel salary and benefits for

the project engineer/manager and our

employees under his management/

control;

(b) Materials and supplies;

(c) Major and minor vehicle and

equipment repairs,

(d) Equipment, including

transportation, fuel, oil, grease, lease

and replacement;

(d) Capitalization expenses;

(e) Acquisition expenses; and

(f) Other expenses we determine

necessary to properly perform the

activities and functions characteristic of

an irrigation project.

Payments

The irrigation operation and

maintenance assessments become due

based on locally established payment

requirements. No water shall be

delivered to any of these lands until all

irrigation charges have been paid.

Interest and Penalty Fees

Interest, penalty, and administrative

fees will be assessed, where required by

law, on all delinquent operation and

maintenance assessment charges as

prescribed in the Code of Federal

Regulations, Title 4, Part 102, Federal

Claims Collection Standards; and 42

BIAM Supplement 3, part 3.8 Debt

Collection Procedures. Beginning 30

days after the due date interest will be

assessed at the rate of the current value

of funds to the U.S. Treasury. An

administrative fee of $12.50 will be

assessed each time an effort is made to

collect a delinquent debt; a penalty

charge of 6 percent per year will be

charged on delinquent debts over 90

days old and will accrue from the date

the debt became delinquent. No water

shall be delivered to any farm unit until

all irrigation charges have been paid.

After 180 days a delinquent debt will be

forwarded to the United States Treasury

for further action in accordance with

Debt Collection Improvement Act of

1996 (Pub. L. 104–134).

Dated: August 13, 1997.

Ada E. Deer,

Assistant Secretary, Indian Affairs.

[FR Doc. 97–22419 Filed 8–22–97; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Operation and Maintenance Rate

Adjustment: Fort Hall Irrigation

Project, Idaho

ACTION: Notice of Proposed Operation

and Maintenance (O&M) Rate

Adjustment.

SUMMARY: The Bureau of Indian Affairs

proposes to change the assessment rates

for operating and maintaining the Fort

Hall Irrigation Project, Michaud Unit,

for 1998, 1999, and subsequent years.

The following table illustrates the

impact of the rate adjustment.

FORT HALL IRRIGATION PROJECT

[Michaud unit irrigation rate per assessable acre]

Rate category Present rate Proposed

1998 rate

Proposed

1999 rate

Basic Rate ................................................................................................................................................ $25.50 $26.50 $27.50

Pressure Rate .......................................................................................................................................... 37.50 38.50 39.50

FOR FURTHER INFORMATION CONTACT: Area

Director, Bureau of Indian Affairs,

Portland Area Office, 911 NE 11th

Avenue, Portland, Oregon 97232–4169,

telephone (503) 231–6702.

DATES: Comments must be submitted on

or before September 24, 1997.

ADDRESSES: Written comments on rate

adjustments should be sent to Assistant

Secretary—Indian Affairs, Attn: Branch

of Irrigation and Power, MS–4513–MIB,

Code 210, 1849 C Street, NW,

Washington, DC 20240.

SUPPLEMENTARY INFORMATION: The

authority to issue this document is

vested in the Secretary of the Interior by

5 U.S.C. 301 and the Act of August 15,

1914 (38 Stat. 583, 25 U.S.C. 385). The

Secretary has delegated this authority to

the Assistant Secretary—Indian Affairs

pursuant to part 209, Departmental

Manual, Chapter 8.1A and

Memorandum dated January 25, 1994,

from Chief of Staff, Department of the

Interior, to Assistant Secretaries, and

Heads of Bureaus and Offices.

This notice is given in accordance

with § 171.1(e) of part 171, Subchapter

H, Chapter I, of Title 25 of the Code of

Federal Regulations, which provides for

the fixing and announcing the rates for

annual operation and maintenance

assessments and related information for

BIA operated and owned irrigation

projects.

The purpose of this notice is to

announce a proposed increase in the

Michaud Unit, Fort Hall Irrigation

Project, assessment rates proportionate

with actual operation and maintenance

costs. The change in the assessment rate

is based on the electrical energy cost

increase imposed by the Bureau of