47514 Federal Register / Vol. 62, No. 174 / Tuesday, September 9, 1997 / Notices

would be beneficial to hazardous

materials managers, solid waste

engineers, and public works officers.

Benefits would also be realized in

emergency situations, when efficient

management and data sharing between

Federal and local agencies is imperative

to containing hazardous materials and

protecting the environment.

Development of Environmental

Hazard Standards through the FGDC

will provide an opportunity for broad

participation from national, state, and

local governments, municipalities,

professional societies, and private

industry. Environmental Hazard

Standards will also support the FGDC’s

integrated standard database project and

will provide new data sharing

opportunities for the National Spatial

Data Infrastructure (NSDI) (i.e., Federal,

state, and local governments, as well as

the private sector.)

Approach: The FWG will establish an

Environmental Hazards project team to

develop this Environmental Hazards

Standard. The project team will begin

development of this Environment

Hazards Standard using the

Environmental Hazards information

contained in the Tri Service Spatial Data

Standard (TSSDS). However, the project

team or the resulting standard will not

be constrained to the content extracted

from the TSSDS. The entity classes,

entity types, etc. may be enhanced and

modified to create a comprehensive

Environmental Hazard Data Content

standard that meets the diverse

requirements of Federal, state, and

community environmental data users.

The project team will solicit input from

a broad range of agencies and

environmental groups for development

of the standard.

The FWG will also maintain an

Environmental Hazards database

containing the entity/attribute/domain

information that can be used to support

the Standards Working Group (SWG)

integrated feature registry project.

Related Standards: As mentioned in

the approach paragraph, the TSSDS is a

related standard that includes

Environmental Hazards information.

Additional content added to the

Environmental Hazard standard (beyond

what is available from the TSSDS) will

be closely coordinated with the TriService CADD/GIS Technology Center

so that later versions of the TSSDS may

potentially incorporate this additional

information. This project will also be

coordinated with the Facilities

Identification project.

Other related standards (relevant to

domain values) are: EPA Order 2180.1,

June 26, 1987 standard for Chemical

Abstracts Service Registry Number Data

Standard for using CAS Registry

Number for identification of chemical

substances.

ANSI X3.50–1986, American National

Standard for information systems—

represnetations for U.S. customary, SI,

and other units to be used in systems

with limited character sets. NIST

Special Publication 811, 1995 Edition,

Guide for the Use of the International

System of Units (SI) for standardizing

units of measure.

Schedule: The FWG has formed an

Environmental Hazards project team to

begin work on the development of this

standard. The development of a working

draft Environmental Hazards Standard

is expected to take 9–12 months. Once

the FWG is satisfied with the content of

this Environmental Hazards Standard it

will be forwarded to the SWG for

consideration to go out for public

review. The FWG expects to have a

completed, approved Environmental

Hazard standard in 24 months.

Resources: The FWG has adequate

resources to accomplish the initial

development of this Environmental

Hazards Standard. If after review and

comment from other Federal Agencies

and the non-Federal sector there is

considerable additional content need,

then additional resources may be

required.

Potential Participants: The primary

participants will be the members of the

FWG which includes representatives

from Federal agencies, municipalities,

professional associations, and private

industry.

Target Authorization Body: The FWG

proposes pursing the development of

this Environmental Hazards Standard as

an FGDC standard. The FWG may

consider pursuing (at a later date) the

development of the Environmental

Hazards Standard as an ANSI (American

National Standards Institute) Standard

within ANSI’s technical committee for

GIS, NCITS L1. FGDC would serve as

the Target Authorization Body until this

Environmental Hazards Standard

becomes an ANSI Standard.

Dated: September 2, 1997.

John Fischer,

Acting Chief, National Mapping Division.

[FR Doc. 97–23748 Filed 9–8–97; 8:45 am]

BILLING CODE 4310–31–M

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Chitimacha Tribe of Louisiana Liquor

Ordinance

AGENCY: Bureau of Indian Affairs.

ACTION: Notice.

SUMMARY: This notice is published in

accordance with authority delegated by

the Secretary of the Interior to the

Assistant Secretary-Indian Affairs by

209 DM 8, and in accordance with the

Act of August 15, 1953, 67 Stat. 586, 18

U.S.C. § 1161, as interpreted by the

Supreme Court in, Rice v. Rehner, 463

U.S. 713 (1983). I certify that the

Chitimacha Tribe of Louisiana Liquor

Ordinance was duly adopted by

Resolution No. CHI–TC # 3–97 of the

Chitimacha Tribe of Louisiana Tribal

Council on January 2, 1997. The

ordinance provides for the regulation,

sale, possession and use of alcholic

liquor within the Tribe’s jurisdiction.

DATES: This ordinance is effective as of

September 9, 1997.

FOR FURTHER INFORMATION CONTACT: Jerry

Cordova, Office of Tribal Services, 1849

C Street, N.W., MS 4641 MIB,

Washington, D.C. 20240–4001;

telephone (202)208–4401.

SUPPLEMENTARY INFORMATION: The

Chitimacha Tribe of Louisiana Liquor

Ordinance shall read as follows:

Title XIV—Tribal Licenses and Permits

Chapter 1. Liquor Licenses and Permits

Sec. 101. Conformity with State Law

and This Ordinance

The introduction, possession,

transportation, and sale of intoxicating

beverages shall be lawful within the

Indian country under the jurisdiction of

the Tribe, provided that such

introduction and sale are in conformity

with the laws of the State of Louisiana

and with the provisions of this

ordinance.

Sec. 102. Tribal License or Permit

Required

No person shall engage in the sale of

intoxicating beverages within the Indian

country under the jurisdiction of the

Tribe, unless duly licensed or permitted

to do so by the Tribe in accordance with

the terms of this Ordinance and the

State of Louisiana.

Sec. 103. Application for Tribal Liquor

License; Requirements

No tribal license shall issue under this

Ordinance except upon a sworn

application filed with the Council

containing a full and complete showing

of the following:

(a) Satisfactory proof that the

applicant is or will be duly licensed by

the State of Louisiana.

(b) Satisfactory proof that the

applicant is of good character and

reputation among the people of the
Federal Register / Vol. 62, No. 174 / Tuesday, September 9, 1997 / Notices 47515

Reservation and that the applicant is

financially responsible.

(c) The description of the premises in

which the intoxicating beverages are to

be sold, proof that the applicant is the

owner of such premises, or lessee of

such premises, for at least the term of

the license.

(d) Agreement by the applicant to

accept and abide by all conditions of the

tribal license.

(e) Payment of a $250.00 fee, is

prescribed by the Council.

(f) Satisfactory proof that neither the

applicant nor the applicant’s spouse has

ever been convicted of a felony.

(g) Satisfactory proof that notice of the

application has been posted in a

prominent, noticeable place on the

premises where intoxicating beverages

are to be sold for at least 30 days prior

to consideration by the Council and has

been published at least twice in such

local newspaper serving the community

that may be affected by the license as

the Tribal Chairman or Secretary may

authorize. The notice shall state the

date, time and place when the

application shall be considered by the

Council pursuant to Section 104 of this

Ordinance.

Sec. 104. Hearing on Application for

Tribal Liquor License

All applications for a tribal liquor

license shall be considered by the

Council in open session at which the

applicant, his attorney and any person

protesting the application shall have the

right to be present, and to offer sworn

oral or documentary evidence relevant

to the application. After the hearing, the

Council, by secret ballot, shall

determine whether to grant or deny the

application, based on:

(1) Whether the requirements of

Section 103 have been met and;

(2) Whether the Council, in its

discretion, determines that granting the

license is in the best interests of the

Tribe.

In the event that the applicant is a

member of the Tribal Council, or a

member of the immediate family of a

Council member, such member shall not

vote on the application or participate in

the hearings as a Council member.

Sec. 105. Temporary Permits

The Council or their designee may

grant a temporary permit for the sale of

intoxicating beverages for a period not

to exceed three (3) days to any person

applying for the same in connection

with a tribal or community activity,

provided that the conditions prescribed

in Sections 106(b), 106(c), 106(d),

106(h), and 106(i) of this Ordinance

shall be observed by the permittee. Each

permit issued shall specify the types of

intoxicating beverages to be sold.

Further, a fee of $25.00 will be assessed

on temporary permits.

Sec. 106. Conditions of the Tribal

License

Any tribal license issued under this

Title shall be subject to such reasonable

conditions as the Council shall fix,

including, but not limited to the

following:

(a) The license shall be for a term of

one year.

(b) The license shall at all times

maintain an orderly, clean, and neat

establishment, both inside and outside

the licensed premises.

(c) The licensed premises shall be

subject to patrol by the Tribal Police

Department, and such other law

enforcement officials as may be

authorized under federal or tribal law.

(d) The licensed premises shall be

open to inspection by duly authorized

tribal officials at all times during the

regular business hours.

(e) Subject to the provisions of

subsection ‘‘f’’ of this section, no

intoxicating beverages shall be sold,

served, disposed of, delivered, or given

to any person, or consumed on the

licensed premises except in conformity

with the hours and days prescribed by

the laws of the State of Louisiana, and

in accordance with the hours fixed by

the Council, provided that the licensed

premises shall not operate or open

earlier or operate or close later than is

permitted by the laws of the State of

Louisiana.

(f) No liquor shall be sold within 200

feet of a polling place on tribal election

days, or when a referendum is held of

the people of the Tribe, and including

special days of observance as designated

by the Council.

(g) All acts and transactions under

authority of the tribal liquor license

shall be in conformity with the laws of

the State of Louisiana, and shall be in

accordance with this Ordinance and any

tribal license issued pursuant to this

Ordinance.

(h) No person under the age permitted

under the law of the State of Louisiana

shall be sold, served, delivered, given or

allowed to consume alcoholic beverages

in the licensed establishment and/or

area.

(i) There shall be no discrimination in

the operations under the tribal license

by reason of race, color or creed.

Provided, that the Council shall not

grant to the licensee, by way of a

condition of the license, or otherwise,

any privilege or benefit relating to the

hours and days of operation of the

licensed premises, greater than those

permitted by the laws of the State of

Louisiana.

Sec. 107. License Not a Property Right

Notwithstanding any other provision

of this Ordinance, a tribal liquor license

is a mere permit for a fixed duration of

time. A tribal license shall not be

deemed a property right or vested right

of any kind, nor shall the granting of a

tribal liquor license give rise to a

presumptive or legal entitlement to the

granting of such license for a subsequent

time period.

Sec. 108. Assignment or Transfer

No tribal license issued under this

Ordinance shall be assigned or

transferred without the written approval

of the Council expressed by formal

resolution.

Sec. 109. Cancellation and Suspension

Any license issued hereunder may be

suspended or cancelled by the Council

for the breach of any of the provisions

of this Ordinance, or of the tribal license

upon hearing before the Council after 10

days notice to the licensee. The decision

of the Council shall be final.

Sec. 110. Allocation of Fees

Any and all License and/or Permit

fees collected pursuant to Chapter 1

shall be utilized for public works.

Sec. 111. Limitation of Liability for Loss

Connected With Sale, Serving, or

Furnishing of Alcoholic Beverages

Neither the Tribe nor any person or

entity, nor any agent, servant, or

employee of such a person or entity

who, on the Reservation, pursuant to

appropriate licensure, sells or serves

intoxicating beverages of either high or

low alcoholic content to a person over

the age for the lawful purchase thereof,

shall be liable to such person or to any

other person or to the estate, successors,

or survivors of either for any injury

suffered on or off the premises,

including wrongful death and property

damage, because of the intoxication of

the person to whom the intoxicating

beverages were sold or served.

Dated: August 29, 1997.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 97–23732 Filed 9–8–97; 8:45 am]

BILLING CODE 4310–02–P