62338 Federal Register / Vol. 62, No. 225 / Friday, November 21, 1997 / Notices

geographic areas might include

watersheds, ecosystems, counties,

municipalities, regions, and so forth.

Under the NSDI Framework

Demonstration Projects Program,

proposals are to be directed towards

projects that demonstrate or

operationalize the framework concept.

Projects can address initial or advanced

technical, operational, and business

aspects/capabilities to collaboratively

create and maintain certain categories of

commonly needed ‘‘Framework’’ data,

or deal with specific framework topics

such as coding permanent feature

identifiers, data integration,

generalization, transactions and feature

maintenance, feature level metadata,

and data certification. Framework data

are defined as geodetic control,

cadastral, digital orthoimagery,

elevation, bathymetry, transportation,

hydrography, and governmental units.

Dated: November 12, 1997.

Jack Fischer,

Associate Chief, Operations.

[FR Doc. 97–30580 Filed 11–20–97; 8:45 am]

BILLING CODE 4310–31–M

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs,

Saginaw Chippewa Tribe Liquor

Ordinance

AGENCY: Bureau of Indian Affairs,

Interior.

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

Saginaw Chippewa Tribe of Michigan

Liquor Ordinance was duly adopted by

Resolution No. 97–067 of the Saginaw

Chippewa Tribe of Michigan Tribal

Council on June 26, 1997. The

ordinance provides for the regulation,

sale, possession and use of alcoholic

liquor within the Tribe’s jurisdiction.

DATES: This ordinance is effective as of

November 21, 1997.

FOR FURTHER INFORMATION CONTACT: Jerry

Cordova, Office of Tribal Services, 1849

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

Washington, D.C. 20240–4401;

telephone (202) 208–4401.

SUPPLEMENTARY INFORMATION: The

Saginaw Chippewa Tribe of Michigan

Liquor Ordinance shall read as follows:

Chapter 8.7 Liquor Control Act

8.7.1 Legislative Findings. The

Saginaw Chippewa Tribal Council

hereby finds as follows:

8.7.1.1 The Council has authority to

adopt this Act pursuant to powers

vested in it by Article VI, sections 1(e),

(i), (j), (k), (n), (o), and Article VI,

section 2 of the Amended Tribal

Constitution, said Constitution and

Bylaws having been ratified by the Tribe

on March 27, 1937, and approved by the

Secretary of Interior on May 6, 1937,

with revised amendments approved on

November 4, 1986. Further, the

Supreme Court held in United States v.

Mazurie, 419 U.S. 544 (1975), that

Congress through 18 U.S.C. 1161

delegated to Indian tribes authority to

control the introduction, distribution,

and use of alcoholic beverages into

Indian country.

8.7.1.2 The importation,

distribution, manufacture, and sale of

alcoholic liquor for commercial

purposes on the Isabella Reservation

(‘‘Reservation’’) is a matter of special

concern to the Tribe.

8.7.1.3 Federal law as embodied in

18 U.S.C. 1161 provides that certain

sections of the United States Code,

commonly referred to as Federal Indian

Liquor Laws, shall not apply to any act

or transaction within any area of Indian

country, provided such act or

transaction is in conformity with both

the laws of the state in which such act

or transaction occurs, and with an act

duly adopted by the tribe having

jurisdiction over such area of Indian

country.

8.7.2 Declaration of Policy.

8.7.2.1 The Council hereby declares

that the policy of the Tribe is to

eliminate the problems associated with

unlicensed, unregulated, and unlawful

importation, distribution, manufacture,

and sale of alcoholic liquor for

commercial purposes on the

Reservation, and to promote temperance

in the use and consumption of alcoholic

liquor by increasing tribal control over

such activities on the Reservation.

8.7.2.2 The importation,

distribution, manufacture, and sale of

alcoholic liquor for commercial

purposes on the Reservation shall be

lawful, provided that such activity is

conducted by the Tribe or by an

authorized tribal enterprise, and is in

conformity with this Act. Such

conditions are necessary to increase the

Tribe’s ability to control and regulate

the distribution, sale, and possession of

alcoholic liquor, while at the same time

provide an important and necessary

source of revenue for continued

operation of the tribal government and

delivery of tribal governmental services.

8.7.3 Short Title. This Act shall be

known and cited as the ‘‘Saginaw

Chippewa Liquor Control Act.’’

8.7.4 Purpose. The purpose of this

Act is to prohibit the importation,

manufacture, distribution, and sale of

alcoholic liquor for commercial

purposes on the Reservation except

pursuant to a license issued by the

Council under the provisions of this Act

and other tribal laws.

8.7.5 Application of 18 U.S.C. 1161.

The importation, manufacture,

distribution, and sale of alcoholic liquor

for commercial purposes on the

Reservation shall be ‘‘in conformity

with’’ this Act and the laws of the State

of Michigan as that phrase is used in 18

U.S.C. 1161.

8.7.6 Incorporation by Reference of

Michigan Laws.

8.7.6.1 In accordance with 18 U.S.C.

1161, the Tribe hereby adopts and

applies as tribal law those Michigan

laws, as amended, relating to the sale

and regulation of alcoholic beverages

encompassing the following areas: Sale

to a minor; sale to a visibly intoxicated

individual; sale of adulterated or

misbranded liquor; hours of operation;

and similar substantive provisions,

including such other laws prohibiting

the sale of alcoholic beverages to certain

categories of individuals. Said tribal

laws which are defined by reference to

the substantive areas of Michigan laws

referred to in this section shall apply in

the same manner and to the same extent

as such laws apply elsewhere in

Michigan to off-Reservation transactions

unless otherwise agreed by the Tribe

and State; provided, that nothing in this

Act shall be construed as a consent by

the Tribe to the jurisdiction of the State

of Michigan or any of its courts or

subordinate political subdivisions or

municipalities within the Reservation

over any activity arising under or

related to the subject of this Act nor

shall anything in this Act constitute an

express or implied waiver of the

sovereign immunity of the Tribe.

8.7.6.2 The Tribe, for resale by the

Tribe, shall purchase spirits from the

Michigan Liquor Control Commission,

and beer and wine from distributors

licensed by the Michigan Liquor Control

Commission, at the same price and on

the same basis that such beverages are

purchased by similar licensees.

8.7.6.3 In the event of any conflict or

inconsistency between ‘‘adopted and

applied’’ Michigan laws and this Act,

the provisions of this Act shall govern.

8.7.6.4 Whenever such Michigan

laws are incorporated herein by

reference, amendments thereto shall
Federal Register / Vol. 62, No. 225 / Friday, November 21, 1997 / Notices 62339

also be deemed to be incorporated upon

their effective date in the State of

Michigan without further action by the

Council.

8.7.7 Administration of Act. The

Council, under its powers vested under

the Constitution and Bylaws and this

Act, shall exercise all of the powers and

accomplish all of the purposes as set

forth in this Act, which may include the

following actions:

(a) Adopt and enforce rules and

regulations for the purpose of

effectuating this Act, which includes the

setting of fees;

(b) Execute all necessary documents;

and

(c) Perform all matters and things

incidental to and necessary to conduct

its business and carry out its duties and

functions under this Act.

8.7.8 Sovereign Immunity Preserved.

8.7.8.1 The Tribe, and all of its

constituent parts, which includes but is

not limited to tribal enterprises,

subordinate organizations, boards,

committees, officers, employees and

agents, are immune from suit in any

jurisdiction except to the extent that

such immunity has been expressly and

unequivocally waived in writing by the

Tribe.

8.7.8.2 Nothing in this Act, and no

enforcement action taken pursuant to

this Act or otherwise, including without

limitation the filing of suit by the Tribal

Council to enforce any provision of this

Act or other tribal law, shall constitute

a waiver of such sovereign immunity,

either as to any counterclaim, regardless

of whether the asserted counterclaim

arises out of the same transaction or

occurrence, or in any other respect.

8.7.9 Applicability Within the

Reservation. This Act shall apply to all

persons within the exterior boundaries

of the Reservation, consistent with

applicable federal laws.

8.7.10 Interpretation and Findings.

The Council in the first instance may

interpret any ambiguities contained in

this Act.

8.7.11 Liberal Construction. The

provisions of this Act shall be liberally

construed to achieve the purposes set

forth, whether clearly stated or apparent

from the context of the language used

herein.

8.7.12 Savings Clause. In the event

any provision of this Act shall be found

or declared to be invalid by a court of

competent jurisdiction, all of the

remaining provisions of this Act shall be

unaffected and shall remain in full force

and effect.

8.7.13 Effective Date. The effective

date of this Act is the date that the

Secretary of the Interior publishes the

same in the Federal Register.

8.7.14 Prior Inconsistent Acts.

Except as provided otherwise under

applicable federal law, this Act shall be

the exclusive tribal law governing the

introduction, distribution, sale and

regulation of alcoholic beverages within

the Isabella Reservation. This Act shall

supersede any and all tribal laws that

are inconsistent with the provisions of

this Act, and such laws are hereby

rescinded and repealed.

8.7.15 Computation of Time. Unless

otherwise provided in this Act, in

computing any period of time

prescribed or allowed by this Act, the

day of the act, event or default from

which the designated period time begins

to run shall not be included. The last

day of the period so computed shall be

included, unless it is a Saturday, a

Sunday, or a legal holiday, in which

event the period runs until the end of

the next day which is not a Saturday, a

Sunday, or a legal holiday. For the

purposes of this Act, the term ‘‘legal

holiday’’ shall mean all legal holidays

under tribal law.

8.7.16 Definitions. In construing the

provisions of this Act, the following

words or phrases shall have the

meaning designated unless a different

meaning is expressly provided or the

context clearly indicates otherwise:

(a) Alcohol means the product of

distillation of fermented liquid, whether

or not rectified or diluted with water,

but does not mean ethyl or industrial

alcohol, diluted or not, that has been

denatured or otherwise rendered unfit

for beverage purposes.

(b) Alcoholic liquor or ‘‘alcoholic

beverage’’ means any spirituous, vinous,

malt, or fermented liquor, liquids and

compounds, whether or not medicated,

proprietary, patented, and by whatever

name called, containing 1⁄2 of 1% or

more of alcohol by volume which is fit

for use for beverage purposes. The

following eight subclassifications

comprise the entire universe of

alcoholic liquor: beer, wine, spirits,

alcohol, sacramental wine, brandy,

mixed wine drink, and mixed spirit

drink. Alcoholic liquor or alcoholic

beverage does not include the

exceptions set forth in Mich. Comp.

Laws § 436.4 (Mich. Stat. Ann.

§ 18.974).

(c) Applicant means any person who

submits an application to the Tribe for

a liquor license and who has not yet

received such a license.

(d) Beer means any beverage obtained

by alcoholic fermentation of an infusion

or decoction of barley, malt, hops, or

other cereal in potable water.

(e) Brandy means an alcoholic liquor

as defined in the federal regulations, 27

CFR § 5.22(d) (1980).

(f) Constitution and Tribal

Constitution, as used throughout this

Code and elsewhere under tribal law,

means the Constitution and Bylaws of

the Saginaw Chippewa Indian Tribe of

Michigan, approved by the Secretary of

the Interior on May 6, 1937, amended

on November 4, 1986, under the

authority of Section 4 of the Saginaw

Chippewa Indian Tribe Distribution of

Judgment Funds Act, Public Law 99–

346, 100 Stat. 676 (June 30, 1986),

including all subsequent amendments

ratified and approved pursuant to tribal

and federal law.

(g) Council means the elected Tribal

Council of the Saginaw Chippewa

Indian Tribe of Michigan acting as the

governing body of the Tribe pursuant to

the Tribe’s Constitution.

(h) License means a liquor license

issued by the Saginaw Chippewa Tribal

Council under the provisions of this Act

authorizing the importation,

manufacture, distribution, or sale of

alcoholic liquor for commercial

purposes on or within the Reservation

consistent with federal law.

(i) Licensee means any holder of a

liquor license issued by the Tribe and

includes any employee or agent of the

Licensee.

(j) Manufacturer means any person

engaged in the manufacture of alcoholic

liquor.

(k) Mixed wine drink means a drink or

similar product marketed as a wine

cooler and containing less than 7%

alcohol by volume, consisting of wine

and plain, sparkling, or carbonated

water and containing any one (1) or

more of the following: Nonalcoholic

beverages; flavoring; coloring materials;

fruit juices; fruit adjuncts; sugar; carbon

dioxide; or preservatives.

(l) Mixed spirit drink means a drink

produced and packaged or sold by a

mixed spirit drink manufacturer or an

out-of-state seller of mixed spirit drink

which contains 10% or less alcohol by

volume consisting of distilled spirits

mixed with nonalcoholic beverages or

flavoring or coloring materials and

which may also contain water, fruit

juices, fruit adjuncts, sugar, carbon

dioxide, or preservatives.

(m) Person means any individual,

whether Indian or non-Indian, receiver,

assignee, trustee in bankruptcy, trust

estate, tribe, firm, partnership, joint

corporation, association, society, or any

group of individuals acting as a unit,

whether mutual, cooperative, fraternal,

non-profit, or otherwise, and any other

Indian tribe, band, or group, whether

recognized by the United States or

otherwise. The term shall also include

any tribal enterprise and licensee.
62340 Federal Register / Vol. 62, No. 225 / Friday, November 21, 1997 / Notices

(n) Reservation Unless otherwise

provided by applicable federal law, the

Isabella Reservation includes five full

and two one-half adjoining townships

located in Isabella County, Michigan

that were withdrawn and reserved for

the benefit of the Tribe by Executive

Order of President Pierce dated May 14,

1855, and selected by the Indians

pursuant to the Treaty of August 2,

1855, 11 Stat. 633, and described with

specificity and reaffirmed in Article II of

the Treaty of October 18, 1864, 14 Stat.

657, as the north half of township 14

[Chippewa Township], and townships

15 [Denver Township] and 16 [Wise

Township] north, range 3 west; the

north half of township 14 [Union

Township] and township 15 [Isabella

Township] north, range 4 west; and

townships 14 [Deerfield Township] and

15 [Nottowa Township] north, range 5

west, within Isabella County, Michigan,

and all other lands added to the

Reservation by executive order, act of

Congress, proclamation or declaration of

the Secretary of the Interior or other

authorized federal official, or otherwise

under federal law, including, without

limitation, lands in Isabella County and

Arenac County, Michigan that were

added to the Isabella Reservation and

described by declaration of the

Secretary of the Interior on September 9,

1983, 48 FR 176 (1983), and shall

include, without limitation, all lands,

whether held in fee or trust and

regardless of ownership, title, or patent,

without regard to date of issuance; and

all waters, waterways, streams and

rivers; all highways and roadways,

public or private; rights of way and

easements, without regard to ownership

or title of the land; and all airspace in

a column above all such lands and

territory.

(o) Sacramental wine means wine

containing not more than 24% of

alcohol by volume which is used for

sacramental purposes.

(p) Sale means the exchange, barter,

traffic, furnishing, or giving away for

commercial purposes any alcoholic

liquor.

(q) Spirits means any beverage which

contains alcohol obtained by

distillation, mixed with potable water or

other substances, or both, in solution,

and includes wine containing an

alcoholic content of more than 21% by

volume, except sacramental wine and

mixed spirit drink.

(r) Tribal Court means the Tribal

Court of the Saginaw Chippewa Indian

Tribe of Michigan.

(s) Tribal enterprise means the Tribe

or any activity or business owned,

managed, or controlled by the Tribe or

any agency, subordinate organization, or

other entity of the Tribe, where the

organic documents establishing such

enterprise expressly allow for the sale of

alcoholic liquor.

(t) Tribal law means the Tribal

Constitution and all laws, acts, codes,

resolutions, and regulations now and

hereafter duly enacted by the Tribal

Council.

(u) Tribe means, and ‘‘tribal’’ refers to,

the Saginaw Chippewa Indian Tribe of

Michigan.

(v) Wine means the product made by

the normal alcoholic fermentation of the

juice of sound, ripe grapes, or any other

fruit with the usual cellar treatment, and

containing not more than 21% of

alcohol by volume, including fermented

fruit juices other than grapes and mixed

wine drinks.

8.7.17 Prohibition of Unlicensed

Sale of Liquor. This Act prohibits the

importation, manufacture, distribution,

or sale of alcoholic liquor for

commercial purposes other than where

conducted by a tribal enterprise in

accordance with this Act. No license

shall be issued to any person or entity

other than a tribal enterprise. The

federal liquor laws are intended to

remain applicable to any act or

transaction that is not authorized by this

Act, and violators shall be subject to

federal law.

8.7.18 Authorization to Sell Liquor.

Any tribal enterprise applying for and

obtaining a license under the provisions

of this Act shall have the right to engage

only in those alcoholic liquor

transactions expressly authorized by

such license and only at those specific

places or areas designated in said

license.

8.7.19 Classes of Licenses. The

Council shall have the authority to issue

any one or more of the following classes

of liquor licenses within the

Reservation:

(a) ‘‘Retail on-sale general license’’

means a license authorizing the

applicant to sell alcoholic beverages at

retail to be consumed by the buyer only

on the premises or at the location

designated in the license. This class

includes hotels where alcoholic

beverages may be sold for consumption

on the premises and in the rooms of

bona fide registered guests.

(b) ‘‘Retail on-sale beer and wine

license’’ means a license authorizing the

applicant to sell beer and wine at retail

to be consumed by the buyer only on

the premises or at the location

designated in the license. This class

includes hotels where beer and/or wine

may be sold for consumption on the

premises and in the rooms of bona fide

registered guests.

(c) ‘‘Retail off-sale general license’’

means a license authorizing the

applicant to sell alcoholic beverages at

retail to be consumed by the buyer off

of the premises or at a location other

than the one designated in the license.

(d) ‘‘Retail off-sale beer and wine

license’’ means a license authorizing the

applicant to sell beer and wine at retail

to be consumed by the buyer off of the

premises or at a location other than the

one designated in the license.

(e) ‘‘Manufacturer’s license’’ means a

license authorizing the applicant to

manufacture alcoholic beverages for the

purpose of sale on the Reservation.

(f) ‘‘Temporary license’’ means a

license authorizing the sale of alcoholic

liquor on a temporary basis for premises

temporarily occupied by the licensee for

a picnic, social gathering, or similar

occasion.

The Council may, by appropriate

Council action, limit or restrict the

number of licenses issued or in effect in

its sole discretion.

8.7.20 Application Form and

Content. An application for a license

shall be made to the Council and shall

contain the following information:

(a) The name and address of the

licensee, including the names and

addresses of all of the principal officers

and directors, and other employees with

primary management responsibility

related to the sale of alcoholic liquor;

(b) The specific area, location, and/or

premise(s) for which the license is

applied for;

(c) The class of liquor transaction

applied for (e.g., retail on-sale general

license, etc.);

(d) Whether the applicant has a state

liquor license;

(e) A sworn statement by the

applicant to the effect that none of the

applicant’s officers and directors, and

employees with primary management

responsibility related to the sale of

alcoholic liquor, were ever convicted of

a felony under any law, and have not

violated and will not violate or cause or

permit to be violated any of the

provisions of this Act; and

(f) The application shall be verified

under oath and notarized by a duly

authorized representative.

8.7.21 Transfer of License. Each

license issued or renewed under this

Act is separate and distinct and is

transferable from one licensee to

another and/or from one premises to

another only with the approval of the

Tribal Council. The Tribal Council shall

have the authority to approve, deny, or

approve with conditions any

application for the transfer of any

license. The transfer application shall

contain all of the information required
Federal Register / Vol. 62, No. 225 / Friday, November 21, 1997 / Notices 62341

of an original applicant under section

I.G.19 of this Act and shall be signed by

both the licensee and transferee. In the

case of a transfer to a new premises, the

application shall contain an exact

description of the location where the

alcoholic liquor is proposed to be sold.

8.7.22 Term and Renewal of License.

All licenses shall be issued on a

calendar year basis and shall be

renewed annually. The applicant shall

renew a license by, prior to the license’s

expiration date, submitting a written

renewal application to the Tribal

Council on the provided form, and

paying the annual license fee for the

next year.

8.7.23 Investigation. Upon receipt of

an application for the issuance, renewal,

or transfer of a license, the Tribal

Council shall make a thorough

investigation to determine whether the

applicant and the premises for which a

license is applied for qualify for a

license and whether the provisions of

this Act have been complied with, and

shall investigate all matters connected

therewith which may affect the public

health, welfare, and morals.

8.7.24 Public Hearing. Upon receipt

of an application for issuance, renewal,

or transfer of a license, and the payment

of all fees required under this Act, the

Tribal Council shall set the matter for a

public hearing. Notice of the time and

place of the hearing shall be given to the

applicant and the public at least twenty

(20) calendar days before the hearing.

Notice shall be given to the applicant by

United States mail, postage prepaid, at

the address listed in the application.

Notice shall be given to the public by

publication in a newspaper of general

circulation sold on the Reservation. The

notice published in the newspaper shall

include the name of the applicant,

whether the action involves a new

issuance, renewal, or transfer, the class

of license applied for, and a general

description of the area where the

alcoholic liquor will be or has been

sold. At the hearing, the Tribal Council

shall hear from any person who wishes

to speak for or against the application.

The Tribal Council shall have the

authority to place time limits on each

speaker and to limit or prohibit

repetitive testimony.

8.7.25 Tribal Council Action on the

Application. The Tribal Council shall

act on the matter within thirty (30) days

of the conclusion of the public hearing.

The Tribal Council shall have the

authority to deny, approve, or approve

with conditions the application. Upon

approval of an application, the Council

shall issue a license to the applicant in

a form to be approved from time to time

by Tribal Council resolution.

8.7.26 Denial of License, Renewal,

or Transfer. An application for a new

license, license renewal, or license

transfer may be denied for one or more

of the following reasons. Solely for

purposes of this section and section

I.G.26, ‘‘applicant’’ means licensee in

the event of a renewal, and licensee

and/or transferee in the event of a

transfer.

(a) The applicant has materially

misrepresented facts contained in the

application;

(b) The applicant is presently not in

compliance with tribal or federal laws;

(c) Granting of the license (or renewal

or transfer thereof) would create a threat

to the peace, safety, morals, health, or

welfare of the Tribe;

(d) The applicant has failed to

complete the application properly or

has failed to tender the appropriate fee;

or

(e) A plea, verdict, or judgment of

guilty, or the plea of nolo contendere by

an applicant’s officer or director, or an

employee with primary management

responsibility related to the sale of

alcoholic liquor, to any offense under

any federal or state law prohibiting or

regulating the sale, use, possession, or

giving away of alcoholic liquor.

8.7.27 Temporary Denial. If the

application is denied solely on the basis

of subsection I.G.25(d), the Tribal

Council shall, within fourteen (14) days

of receipt of the application, issue a

written notice of temporary denial to the

applicant. Such notice shall set forth the

reasons for denial and shall state that

the denial will become permanent if the

problem(s) is not corrected within

fifteen (15) days following receipt of the

notice.

8.7.28 Multiple Locations. Each

license shall be issued to a specific

licensee. Separate licenses shall be

issued for each of the premises of any

business establishment having more

than one address. In the case of the sale

of alcoholic beverages on boats, a

separate license shall be issued for each

boat regardless of the fact that the boats

are moored at one location or owned by

one person.

8.7.29 Posting of License. Every

licensee shall post and keep posted its

license(s) in a conspicuous place(s) on

the licensed premises.

8.7.30 Suspension or Revocation of

License. Whenever it is brought to the

attention of the Tribal Council that a

licensee, through action or inaction:

(a) has materially misrepresented facts

contained in any license application;

(b) is not in compliance with tribal or

federal laws;

(c) failed to comply with any

condition of a license, including failure

to pay a required fee;

(d) has had a plea, verdict, or

judgment of guilty, or a plea of nolo

contendere entered against one of its

officers or directors, or managers with

primary responsibility over the sale of

alcoholic liquor, to any offense under

federal or state law prohibiting or

regulating the sale, use, or possession, of

alcoholic liquor;

(e) failed to take reasonable steps to

correct objectionable conditions

constituting a nuisance on the licensed

premises or any adjacent area within a

reasonable time after receipt of a notice

to make such corrections has been

received from the Tribal Council or its

authorized representative; or

(f) suspension or revocation of the

licensee’s Michigan liquor license.

8.7.31 Initiation of Suspension or

Revocation Proceedings. Suspension or

revocation proceedings are initiated

either: by the Tribal Council, on its own

motion and through the adoption of an

appropriate resolution meeting the

requirements of this section; or by any

person who files an accusation with the

Tribal Council. The accusation shall be

in writing and signed by the maker.

Both the accusation and resolution shall

state facts showing that there are

specific grounds under this Act which

would authorize the Tribal Council to

suspend or revoke the license(s). The

Tribal Council shall cause the matter to

be set for a hearing before the Tribal

Council on a date no later than thirty

(30) days from the Tribal Council’s

receipt of an accusation or adoption of

the resolution. Notice of the time, date,

and place of the hearing shall be given

the licensee and the public in the same

manner as set forth in subsection I.G.23.

The notice shall state that the licensee

has the right to file a written response

to the accusation or resolution, verified

under oath and signed by the licensee,

ten (10) days prior to the hearing date.

8.7.32 Hearing. Any hearing held on

any accusation shall be held before a

majority of the Council under such rules

of procedure as it may adopt. Both the

licensee and the person filing the

accusation shall have the right to

present witnesses to testify and to

present written documents in support of

their positions to the Tribal Council.

The Tribal Council shall render its

decision within sixty (60) days after the

date of the hearing. The decision of the

Tribal Council shall be final.

8.7.33 Delivery of License. Upon

suspension or revocation of a license,

the enterprise shall return the license to

the Tribal Council. In cases involving

suspension, the Tribal Council shall
62342 Federal Register / Vol. 62, No. 225 / Friday, November 21, 1997 / Notices

return the license to the enterprise at the

expiration or termination of the

suspension period, with a memorandum

of the suspension written or stamped

upon the face thereof in red ink.

8.7.34 General Penalties. Any person

adjudged to be in violation of this Act,

including any lawful regulation

promulgated pursuant thereto, shall be

subject to a civil fine of not more than

five hundred dollars ($500.00) for each

such violation. The Tribal Council may

adopt by resolution a separate schedule

for fines for each type of violation,

taking into account the seriousness and

threat the violation may pose to the

general health and welfare. Such

schedule may also provide, in the case

of repeated violations, for imposition of

monetary penalties greater than the five

hundred dollar ($500.00) limitation set

forth above. The penalties provided for

herein shall be in addition to any

criminal penalties which may be

imposed under applicable law.

8.7.35 Initiation of Action. Any

violation of this Act shall constitute a

public nuisance. The Tribal Council, on

behalf of and in the name of the Tribe,

may initiate and maintain an action in

Tribal Court or any court of competent

jurisdiction to abate and permanently

enjoin any nuisance declared under this

Act. Any action taken under this section

shall be in addition to any other

penalties provided for in this Act. The

plaintiff shall not be required to give

bond in this action.

8.7.36 Inspection. All licensed

premises used in the storage or sale of

liquor, or any premises or parts of

premises used or in any way connected

physically or otherwise, with the

licensed enterprise, shall at all times be

opened to inspection by any tribal

inspector.

8.7.37 Contraband; Seizure;

Forfeiture.

8.7.37.1 All alcoholic liquor within

the Reservation held, owned, or

possessed by any person or licensee

operating in violation of this Act is

hereby declared to be contraband and

subject to forfeiture to the Tribe.

8.7.37.2 Within three (3) weeks

following the seizure of the contraband,

a hearing shall be held by the Tribal

Council, at which time the operator or

owner of the contraband shall be given

an opportunity to present evidence in

defense of his or her activities.

8.7.37.3 Notice of the hearing shall

be given to the person from whom the

property was seized, if known prior to

hearing. If the person is unknown,

notice of the hearing shall be posted at

the place where the contraband was

seized and at other public places on the

Reservation. The notice shall describe

the property seized, and the time, place,

and cause of seizure and give the name

and place of residence, if known, of the

person from whom the property was

seized.

8.7.37.4 If upon hearing, the

evidence warrants, or if no person

appears as a claimant, the Tribal

Council shall thereupon enter a

determination of forfeiture and order

such contraband sold or destroyed

forthwith.

Dated: November 10, 1997.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 97–30597 Filed 11–20–97; 8:45 am]

BILLING CODE 4310–02–U

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AZ–070–08–7122–00, AZ–070–98–01]

Arizona, Temporary Closure of

Selected; Public Lands in La Paz

County, AZ

AGENCY: Bureau of Land Management,

Interior.

ACTION: Temporary closure of selected

public lands in La Paz County, Arizona,

during the operation of the 1997

Whiplash Parker 400 Desert Race.

SUMMARY: The Lake Havasu Field Office

Manager announces the temporary

closure of selected public lands under

its administration. This action is being

taken to help ensure public safety and

prevent unnecessary environmental

degradation during the official

permitted running of the 1997 Whiplash

Parker 400 Desert Race.

DATES: December 4, 1997 through

December 6, 1997.

SUPPLEMENTARY REGULATIONS: Specific

restrictions and closure periods are as

follows:

Designated Course

1. The portion of the course

comprised of BLM lands, roads and

ways south of the Bill Williams River,

East and north of AZ Highway 72 and

west of Wenden Road is closed to public

vehicle use from 9:00 a.m. Thursday,

December 4, 1997, to 9:00 p.m. Saturday

December 6, 1997 (Mountain Standard

Time).

2. Vehicles are prohibited from the

following four Wilderness Areas and

one Wilderness Study area (WSA):

a. AZ–070–12 (Gibraltar Mountain).

b. AZ–070–15A (Swansea).

c. AZ–070–71 (Buckskin Mountains).

d. AZ–070–17 (East Cactus Plain).

e. AZ–070–14A/B (Cactus Plain

WSA).

3. The entire area encompassed by the

designated course and all areas within

1 mile outside the designated course are

closed to all vehicles except authorized

and emergency vehicles. Access routes

leading to the course are closed to

vehicles.

4. Vehicle parking or stopping along

Bouse Road, Shea Road, and Swansea

Road is prohibited except for the

designated spectator areas.

5. Spectator viewing is limited to two

designated spectator areas located at:

a. South and North of Shea Road as

signed, approximately 7 miles east of

Parker, Arizona.

b. Bouse Road, also known as

Swansea Road as signed, approximately,

2 miles and 5 miles north of Bouse,

Arizona.

6. A fee will be collected from the

public entering the public land closure

from Shea Road, east of Parker, Arizona.

The primary purpose of the fee

implementation is to offset

management, and operation costs of

spectator area services and facilities.

The fee implementation is to improve

public safely while helping provide

natural resource protection through

improved management of the permitted

event.

7. The following regulations will be in

effect for the duration of the closure:

Unless otherwise authorized, no person

shall:

a. Camp in any area outside of the

designated spectator areas.

b. Enter any portion of the race course

or any wash located within the race

course, including all portions of

Osborne Wash.

c. Spectate of otherwise be located

outside of the designated spectator

areas.

d. Cut or collect firewood of any kind,

including dead and down wood or other

vegetative material.

e. Be in possession of any alcoholic

beverage unless that person has reached

the age of 21 years.

f. Possess, discharge, or use firearms,

other weapons, or fireworks.

g. Park, stop, or stand any vehicle

outside of the designated spectator

areas.

h. Operate any vehicle, including an

off-highway vehicle (OHV), which is not

legally registered for street and highway

operation, including operation of such a

vehicle in spectator viewing areas, along

the race course, and in designated pit

areas.

i. Park any vehicle in violation of

posted restrictions, or in such a manner

as to obstruct or impede normal or

emergency traffic movement or the

parking of other vehicles, create a safety

hazard or endanger any person, property