64232 Federal Register / Vol. 62, No. 233 / Thursday, December 4, 1997 / Notices

Accepted by the General Services

Administration:

[Typed name]

lllllllllllllllllllll

Manager, GSA Centralized Household Goods

Traffic Management Program

Dated: November 26, 1997.

Janice Sandwen,

Director, Travel and Transportation

Management Staff.

[FR Doc. 97–31779 Filed 12–3–97; 8:45 am]

BILLING CODE 6820–24–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Notice of Intent To Prepare a

Comprehensive Conservation Plan

SUMMARY: This notice advises the public

that the U.S. Fish and Wildlife Service

(Service) intends to gather information

necessary to prepare a comprehensive

conservation plan (CCP) and

environmental documents, pursuant to

the National Environmental Policy Act

and its implementing regulations, for

Rachel Carson National Wildlife Refuge,

York and Cumberland Counties, Maine;

and Great Bay National Wildlife Refuge,

Rockingham County, New Hampshire.

The Service is furnishing this notice in

compliance with Service CCP policy:

(1) to advise other agencies and the

public of our intentions, and

(2) to obtain suggestions and

information on the scope of issues to

include in the environmental

documents.

DATES: Written comments should be

received on or before January 5, 1998.

ADDRESSES: Address comments and

requests for more information to one of

the following:

Refuge Manager, Rachel Carson National

Wildlife Refuge, 321 Port Road, Wells,

Maine 04090

Refuge Manager, Great Bay National

Wildlife Refuge, 336 Nimble Hill

Road, Newington, New Hampshire

03801.

SUPPLEMENTARY INFORMATION: It is U.S.

Fish and Wildlife Service policy to have

all lands within the National Wildlife

Refuge System managed in accordance

with an approved CCP. The CCP guides

management decisions and identifies

refuge goals, long-range objectives, and

strategies for achieving refuge purposes.

The planning process will consider

many elements, including habitat and

wildlife management, habitat protection

and acquisition, public use, and cultural

resources. Public input into this

planning process is essential. The CCP

will provide other agencies and the

public with a clear understanding of the

desired conditions for the Refuges and

how the Service will implement

management strategies.

The Service will solicit information

from the public via open houses,

meetings, and written comments.

Special mailings, newspaper articles,

and announcements will inform people

in the general area near each refuge of

the time and place of such opportunities

for public input to the CCP.

Review of this project will be

conducted in accordance with the

requirements of the National

Environmental Policy Act of 1969, as

amended (42 U.S.C. 4321 et seq.), NEPA

Regulations (40 CFR parts 1500–1508),

other appropriate Federal laws and

regulations, including the National

Wildlife Refuge System Improved Act of

1997, Executive Order 12996, and

Service policies and procedures for

compliance with those regulations.

We estimate that the draft

environmental documents will be

available by November, 1998.

Dated: November 24, 1997.

Ronald E. Lambertson,

Regional Director, U.S. Fish and Wildlife

Service, Hadley, Massachusetts.

[FR Doc. 97–31749 Filed 12–3–97; 8:45 am]

BILLING CODE 4310–55–M

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Lower Sioux Indian Community of

Minnesota

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 Lower

Sioux Indian Community of Minnesota

Liquor Control Ordinance was duly

adopted and certified by Resolution No.

39–97 of the Lower Sioux Indian

Community Council on March 25, 1997.

The ordinance provides for the

regulation, sale possession and use of

alcoholic liquor and beer within the

Tribe’s jurisdiction.

DATES: This ordinance is effective as of

December 4, 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 Lower

Sioux Indian Community of Minnesota

Liquor Ordinance is to read as follows:

Lower Sioux Indian Community in

Minnesota

[Resolution No. 39–97]

Be it resolved that the following

LIQUOR CONTROL ORDINANCE is

hereby adopted by the Lower Sioux

Community Council.

I certify that Resolution No. 39–97

was duly adopted by the Lower Sioux

Community Council at a meeting held

on the 25th day of March , 1997, a

quorum being present, by a vote of 4 in

favor, 0 opposed, and 0 abstaining.

Betty Lee,

Secretary.

Liquor Control Ordinance; Lower Sioux

Indian Community in Minnesota

Section 1. Requirement of License

No person shall sell alcoholic

beverages within the Indian Country

that lies within the jurisdiction of the

Lower Sioux Indian Community, unless

such sale meets the requirements of this

Ordinance and takes place pursuant to

a license issued by the Lower Sioux

Community Council under this

Ordinance.

Section 2. Definitions

For purposes of this Ordinance, the

following terms have the meanings

given them.

Subd. 1. ‘‘Alcoholic beverage’’ shall

mean any beverage containing more

than one-half of one percent alcohol by

volume.

Subd. 2. ‘‘Community’’ shall mean the

Lower Sioux Indian Community in

Minnesota.

Subd. 3. ‘‘Community Council’’ shall

mean the Community Council of the

Lower Sioux Indian Community in

Minnesota.

Subd. 4. ‘‘Community Court’’ shall

mean the Court of the Lower Sioux

Indian Community.

Section 3. Licenses

Subd. 1. On-Sale Licenses. Licenses

for the sale of alcoholic beverages for

consumption on the premises of sale

within the Indian Country that lies

within the jurisdiction of the

Community may be issued by the

Community Council only to an

organization wholly owned by the

Community, to a subordinate

organization of the Community

chartered under the provisions of

Article V, section (n) of the Community

Constitution, or to a person under
Federal Register / Vol. 62, No. 233 / Thursday, December 4, 1997 / Notices 64233

contract with the Community or such a

subordinate organization.

Subd. 2. Off-Sale Licenses. Not more

than two licenses for the sale of

alcoholic beverages for consumption off

the premises of sale within the Indian

Country that lies within the jurisdiction

of the Community may be issued by the

Community Council; and such licenses,

if issued, shall be only to an

organization wholly owned by the

Community, to a subordinate

organization of the Community

chartered under the provisions of

Article V, section (n) of the Community

Constitution, or to a person under

contract with the Community or such a

subordinate organization.

Section 4. Applications: Required

Information

Applications for a license to sell

alcoholic beverages under this

Ordinance shall be submitted in writing

to the Community Council, on a form

prepared by the Community Council.

The application shall contain the

following information:

Subd. 1. Name and Address. The

application shall set forth the name and

address of the applicant.

Subd. 2. Relationship to Community.

The application shall set forth whether

the applicant is an organization wholly

owned by the Community, a

subordinate organization of the

Community chartered under the

provisions of Article V, section (n) of

the Community Constitution, or a

person under contract with the

Community or such an organization.

Subd. 3. Proposed Location. The

application shall describe specifically

the land or building where the applicant

will sell alcoholic beverages.

Subd. 4. State Law Requirements. The

application shall contain an

acknowledgment that the applicant

conforms to the requirements of the

laws of the State of Minnesota as they

relate to the obtaining of liquor licenses

elsewhere in the State of Minnesota, and

that the applicant will conform to the

requirements of the State of Minnesota

as they relate to transactions involving

alcoholic beverages elsewhere in the

State of Minnesota.

Subd. 5. Signature. The application

shall be dated and signed by the

applicant, if the applicant is a natural

person, or by the person authorized to

legally bind the applicant to compliance

with the terms of this Ordinance, if the

applicant is an organization, and such

signature shall constitute an

acknowledgment that the provisions of

this Ordinance shall apply to any

license issued hereunder.

Section 5. Finding Prerequisite to

License Issuance

Licenses for the sale of alcoholic

beverages may be issued by the

Community Council if the Community

Council finds, in its sound discretion,

on the basis of the facts disclosed by the

application and by such additional

information as the Community Council

may deem relevant, that such issuance

is in the best interests of the

Community, and that the licensing

requirements of the State of Minnesota

have been met by the applicant. The

Community Council may reject any

application for a license, or for a

renewal of a license, if the applicant

previously has committed acts which

have resulted in the suspension or

revocation of a license under this

Ordinance or under the laws of the State

of Minnesota, or if the Community

Council is of the view, in its sound

discretion, that granting the application

would not be in the best interests of the

Community. The Community Council

shall state, in writing, its reasons for

granting or denying each application.

Section 6. Requirements Contained in

Licenses

Licenses for the sale of alcoholic

beverages shall contain the following

requirements:

Subd. 1. Conformance to Community

and State Law. Each license shall

require its holder to conform its

operations to the laws of the State of

Minnesota that relate to the sale or

possession of alcoholic beverages, and

the continued effectiveness of each

license shall be expressly conditioned

upon the compliance of its holder with

all provisions of this Ordinance and the

laws of the State of Minnesota that

relate to the sale or possession of

alcoholic beverages.

Subd. 2. Terms; Renewals. Each

license shall state the term of its

effectiveness. No license shall be

effective for a term of more than three

years from the date of its issuance, and

each renewal thereof shall be subject to

the same procedures that apply to the

initial issuance of a license.

Section 7. Inspection of Premises

The Community Council, and its

officers and agents designated in writing

for such purposes, shall have the

authority, with or without notice, to

inspect the premises of any licensee

under this Ordinance during normal

business hours.

Section 8. Suspension and Revocation—

Procedures

The Community Council shall have

the authority to suspend or revoke any

license issued under this Ordinance,

under the following procedures:

Subd. 1. Written Notice to Licensee.

Upon receiving information giving the

Community Council probable cause to

conclude that a licensee under this

Ordinance may have violated the terms

of the license or applicable law, the

Community Council shall give the

licensee written notice of the apparent

violation and, if the Community Council

so determines, that the Community

Council intends to suspend or revoke

the licensee’s license. Such notice shall

specify the grounds for the proposed

suspension or revocation, and shall be

served personally upon the licensee, or

sent by certified mail to the licensee,

return receipt requested.

Subd. 2. Temporary Emergency

Suspension. If, in the judgment of the

Community Council, the actions of a

licensee pose an immediate threat of

irreparable harm to the Community or

the public, the Community Council

may, by issuing the written notice

required by this section, immediately

suspend the licensee’s license. The

written notice shall state the reasons

which justify such immediate

suspension.

Subd. 3. Right to Request Hearing;

Effect of Failure to Request Hearing.

Any licensee who receives notice of a

proposed suspension or revocation may

request a hearing by the Community

Council by sending a written request

therefor, certified mail, return receipt

requested, to the Chairman of the

Community Council within seven days

of the licensee’s receipt of the

Community Council’s notice. If after

receipt of a notice of a proposed

suspension or revocation, a licensee

fails to timely request a hearing, the

Community Council may without a

hearing suspend or revoke the licensee’s

license, and the licensee shall have no

right to any further review of such

action by the Community Court under

Section 9 of this Ordinance.

Subd. 4. Time of Hearing. Upon

receipt of a timely request for hearing

under this Ordinance, the Community

Council shall set a date for a hearing on

the revocation or suspension of a

license, which date shall be not later

than thirty days from the date of the

Community Council’s receipt of the

hearing request, provided that if the

license has been the subject of an

emergency suspension, the hearing shall

be held not later than seven days from

the date of the Community Council’s

receipt of the hearing request.

Subd. 5. Evidence at Hearing. At a

hearing held under this Ordinance, the

licensee shall be permitted to present

evidence with respect to its compliance
64234 Federal Register / Vol. 62, No. 233 / Thursday, December 4, 1997 / Notices

with the terms of its license and

applicable law. In reaching its decision,

the Community Council may consider

such evidence, together with all other

evidence it deems relevant. Following a

hearing, if in the judgment of the

Community Council the licensee has not

complied with the terms of its license

and applicable law, the Community

Council shall suspend or revoke its

license; and if in the judgment of the

Community Council the terms of the

license and applicable law have been

complied with, the proceedings shall be

dismissed. Decisions of the Community

Council to suspend or revoke a license,

or to dismiss suspension or revocation

proceedings, shall be in writing, and

shall be subject to review only under the

provisions of Section 9 of this

Ordinance.

Subd. 6. Suspension or Revocation

Sole Community Sanction. Suspension

or revocation of a license shall be the

sole sanction which the Community

Council shall impose for a licensee’s

noncompliance with this Ordinance. No

civil or criminal penalties shall be

imposed by the Community Council

upon a licensee under this Ordinance.

Section 9. Review of Community

Council Decisions

Any person or organization which has

applied for a license or a renewal of a

license and to which a license has been

denied under Section 5 of this

Ordinance, and any licensee whose

license has been suspended or revoked

by the Community Council after a

hearing under Section 8 of this

Ordinance, may seek review of the

decision of the Community Council by

filing a civil action in the Community

Court within thirty days after the

decision is rendered. Such actions shall

be heard under the provisions of the

Judicial Code of the Community, and

the Community herewith waives its

sovereign immunity from unconsented

suit as to such actions. The jurisdiction

of the Community Court to review

decisions of the Community Council

under this Ordinance shall be exclusive

of all other courts.

Subd. 1. Standard of Review. The

Community Court shall reverse the

decision of the Community Council

only if clear and convincing evidence

supports the conclusion that the

Community Council abused its

discretion, or denied the licensee due

process or equal protection of the laws

in contravention of the Indian Civil

Rights Act of 1988, 25 U.S.C. § 1302.

Subd. 2. Effect of Decision Pending

Appeal. The decision of the Community

Council denying, suspending, or

revoking a license shall be effective

pending appeal from the decision,

unless the Community Court decides,

following an evidentiary hearing, that it

is highly likely that the appellant will

succeed on the merits of the appeal and

issues an order accordingly.

Dated: November 19, 1997.

Kevin Gover,

Assistant Secretary—Indian Affairs.

[FR Doc. 97–31747 Filed 12–3–97; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Pueblo of Isleta 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. I certify that Resolution No.

97–045, enacting the Liquor Ordinance

of the Pueblo of Isleta was duly adopted

by the Pueblo of Isleta on July 17, 1997.

The Ordinance provides for the

regulation of the activities of the

regulation, manufacture, distribution,

possession, sale, and consumption of

liquor on the Pueblo of Isleta lands

under the jurisdiction of the Pueblo of

Isleta, the provisions for criminal

jurisdiction to be exercised in acordance

with applicable Federal case law,

statutes, and regulations.

DATES: This Ordinance is effective as of

December 4, 1997.

FOR FURTHER INFORMATION CONTACT:

Bettie Rushing, Division of Tribal

Government Services, 1849 C Street,

NW., MS 4641–MIB, Washington, DC

20240–4001; telephone (202) 208–4400.

SUPPLEMENTARY INFORMATION: The

Liquor Ordinance of the Pueblo of Isleta

is to read as follows:

Pueblo of Isleta Liquor Ordinance

Section 1

Introduction

A. Title. The title of this ordinance

shall be the Liquor Ordinance of the

Pueblo of Isleta.

B. Authority. This ordinance is being

passed and enacted in accordance with

the inherent governmental powers of the

Pueblo of Isleta, and specifically under

Article V, Section 2(e) of the Pueblo of

Isleta Constitution. This Ordinance is in

conformance with the laws of New

Mexico, as required in 18 U.S.C. 1161.

C. Purpose. The purpose of this

ordinance is to regulate the sale of

intoxicating liquor within the exterior

boundaries of the Pueblo of Isleta.

Section 2

Definitions

‘‘Governor’’ means the Governor of

the Pueblo of Isleta or his designee.

‘‘Individuals employed by the

Pueblo’’ means persons who are tribal

employees.

‘‘Intoxicating beverage’’ includes the

four varieties of liquor commonly

referred to as alcohol, spirits, wine, and

beer, and all fermented, spiritous,

vinous, or malt liquor, or combinations

thereof, and mixed liquor, a part of

which is fermented, spiritous, vinous, or

malt liquor, or otherwise intoxicating,

and every liquid or solid or semisolid or

other substance, patented or not,

containing alcohol, spirits, wine, or

beer.

‘‘Licensed establishment’’ means a

physical area of Pueblo of Isleta tribal

land designated by the Pueblo of Isleta

Tribal Council as a licensed

establishment for the purpose of selling

intoxicating beverages. Designation by

the Tribal Council must show the

perimeters of the land and building of

the establishment. A map and general

description will be required.

‘‘Minor’’ means any person under the

age of twenty-one (21) years.

‘‘Permittee’’ means a person employed

by the Pueblo of Isleta and authorized

by the Pueblo of Isleta Tribal Council to

sell and serve intoxicating beverages,

the permit for such designation having

been issued pursuant to Section 6 of this

Ordinance.

‘‘Pueblo’’ means the Pueblo of Isleta,

a federally-recognized tribe of Indians,

located within the exterior boundaries

of the State of New Mexico.

Section 3

General

The sale of intoxicating beverages

shall be lawful within the exterior

boundaries of the Pueblo of Isleta and

all other lands of the Pueblo over which

the Pueblo has jurisdiction if such sale

is made in conformance with New

Mexico state law, if applicable, and

authorized by this Ordinance.

Section 4

Location of Sales

All sales of intoxicating beverages

must be made at establishments which

are wholly owned and operated by the

Pueblo and which are duly licensed to

engage in such sales by the Pueblo. No

licensed establishment shall be located