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
Federal Register / Vol. 62, No. 233 / Thursday, December 4, 1997 / Notices 64235

closer than 500 feet from any church,

school, or military installation. A

licensed establishment will be

specifically designated so as to permit

sales either by the package or by the

drink.

Section 5

Sales Allowed

Only individuals employed by the

Pueblo and specifically authorized by

the Pueblo of Isleta Tribal Council may

engage in the sale of intoxicating

beverages within the exterior

boundaries of the Pueblo of Isleta and in

accordance with this Ordinance.

Section 6

Permits

Only individuals employed by the

Pueblo of Isleta and specifically

authorized by the Pueblo of Isleta Tribal

Council may sell and serve intoxicating

beverages:

A. Permit Procedure.

1. Only persons authorized by the

Pueblo of Isleta Tribal Council may be

duly granted a permit to sell

intoxicating beverages.

2. A person applying for a permit

must furnish to the Governor and Tribal

Council a completed application for a

‘‘Liquor Permit.’’ Such application must

contain, among other things, the

following information:

(a) An exhaustive listing of all jobs,

businesses, and other employment for

the immediately preceding ten years;

(b) A listing of all residences for the

immediately preceding ten years,

including street address, city, and state,

and dates of residence at each different

location;

(c) A list of every liquor license or

permit, by number and state, in which

the applicant has directly or indirectly

owned or had any interest;

(d) Detail with respect to past

criminal activity, including conviction

for any felony, conviction for any

misdemeanors, and conviction for a

violation of any federal or state liquor

control act in any calendar year, except

that traffic offenses need not be listed;

(e) Detail as to whether the applicant

ever applied for a liquor license or

permit from any governmental entity

and was denied and the reasons for any

denial.

3. The applicant shall provide two

complete sets of fingerprints on a form

designated; the costs associated with

supplying the complete sets and the

investigation thereafter will be borne

exclusively by the applicant.

4. The applicant must give his

consent that the fingerprints may be

processed by local and national law

enforcement agencies and all other

available agencies. If the search, by

virtue of the fingerprint submission,

reveals any adverse information which

was not shown by the applicant on the

application, the applicant will be given

an opportunity to explain the

circumstance of such omission or

challenge the authenticity of the

revealed information.

B. Granting, Denial, Termination or

Revocation of Permit. The granting,

denial, termination, or revocation of a

permit to an applicant will be within

the discretion of the Pueblo of Isleta

Tribal Council. The Governor, after

reviewing the application and making

appropriate inquiry, will make a

recommendation to the Tribal Council.

The following classes of persons shall

be prohibited from being granted a

permit to sell or serve intoxicating

beverages:

1. Any person convicted of a felony;

2. A minor.

Upon termination of employment

with the Pueblo, an individual’s

authorization shall be revoked as of said

employee’s termination date.

Revocation of a permit will occur only

following an opportunity to be heard.

C. Licensed Establishments. Sales of

intoxicating beverages will occur only at

establishments wholly owned and

operated by the Pueblo and duly

licensed by the Pueblo. The license for

an establishment must show the

perimeters of the land and building of

the establishment. A map and general

description will be required. A parcel of

land not containing a building, so long

as the perimeters thereof are defined,

may be a Licensed Establishment,

including but not limited to areas

within a golf course.

D. Prohibited Sales and Practices.

No permittee shall:

1. Sell, serve, or dispense intoxicating

beverages to any person who is

obviously intoxicated;

2. Award intoxicating beverages as

prizes;

3. Sell intoxicating beverages at a

drive-up or walk-up window;

4. Sell intoxicating beverages to a

minor who has not attained the age of

twenty-one (21);

5. Knowingly sell intoxicating

beverages to an adult purchasing such

liquor on behalf of a minor or an

intoxicated person.

6. Allow a person to bring

intoxicating beverages onto the premises

of a Licensed Establishment for the

purposes of consuming them himself, or

providing them to other individuals.

Section 7

Penalties

A. Criminal Penalties.

1. A permittee who is found guilty of

violating any portion of this Ordinance

shall have his/her permit immediately

revoked and such individual shall be

subject to a fine not to exceed $500.00

for each violation.

2. Any person who is found guilty of

purchasing intoxicating beverages on

behalf of a minor or an intoxicated

person shall be subject to a fine of

$500.00 for each violation or one (1)

month in jail.

3. Any minor attempting to purchase

intoxicating beverages or found in

possession of intoxicating beverages

shall be fined not more than $500.00 for

each violation.

4. Any person who is found guilty of

having made any false statement or

concealed any material facts in his

application for the permit granted him

pursuant to the provisions of this

Ordinance shall be immediately

discharged from employment and fined

not more than $500.00 for each

violation.

B. Civil Penalties.

1. Any permittee violating any

provision of this Ordinance or

regulations promulgated hereunder may

be subject to immediate revocation of

his permit as well as immediate

termination of his employment.

2. Any person possessing intoxicating

beverages in violation of this Ordinance

will be subject to having those beverages

summarily confiscated by an authorized

person. Confiscation will not preclude

other civil and criminal penalties.

Section 8

Rules and Regulations

The Tribal Council may adopt and

enforce rules and regulations to

implement this Ordinance. The rules

and regulations will be in conformance

with New Mexico state law, if

applicable, and with this Ordinance.

Section 9

Citations; Enforcement

Citations for violations of a provision

of this Ordinance or rules or regulations

promulgated hereunder may be issued

by an officer of the Pueblo of Isleta

police department or any person

authorized by the Governor.

Section 10

Repeal

This Ordinance repeals the prior

Liquor Ordinance of the Pueblo of Isleta,

enacted in 1969. This repeal shall be

effective on December 4, 1997.
64236 Federal Register / Vol. 62, No. 233 / Thursday, December 4, 1997 / Notices

Section 11

Severability

In the event any provision of this

Ordinance is declared invalid or

unconstitutional by a court of

competent jurisdiction, all other

provisions shall not be affected and

shall remain in full force and effect.

Section 12

Sovereign Immunity

The sovereign immunity of the Pueblo

of Isleta shall not be waived by this

Ordinance.

Dated: November 19, 1997.

Kevin Gover,

Assistant Secretary—Indian Affairs.

[FR Doc. 97–31746 Filed 12–3–97; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV–020–1990–01]

Florida Canyon Mine Expansion and

Comprehensive Reclamation Plan,

Environmental Impact Statement

Record of Decision and Plan of

Operations Approval

AGENCY: Bureau of Land Management,

Interior.

ACTION: Notice of availability, Record of

Decision and Plan of Operations

Approval for Florida Canyon Mining

Company’s Mine Expansion and

Comprehensive Reclamation Plan

Project.

DATES: The Record of Decision and Plan

of Operations Approval will be

distributed and made available to the

public on December 2, 1997. Anyone

wishing to appeal the Record of

Decisions has 30 days following the date

of publication of this notice in the

Federal Register. The appeal must be

postmarked no later than January 5,

1998.

ADDRESSES: A copy of the Record of

Decision can be obtained from: Bureau

of Land Management, Winnemucca

Field Office, 5100 East Winnemucca

Boulevard, Winnemucca, Nevada 89445.

FOR FURTHER INFORMATION CONTACT:

Ken Loda, Project NEPA Coordinator, at

the above Winnemucca Field Office

address, phone (702) 623–1500, or email

<kloda@nv.blm.gov>.

SUPPLEMENTARY INFORMATION: The

Record of Decision consists of the action

proposed in the Plan of Operation and

analyzed in the Draft and Final

Environmental Impact Statements. The

agency Preferred Alternative includes

all components of the Proposed Action.

The Agency Preferred Alternative is also

the environmentally preferred

alternative incorporating mitigation and

monitoring measures. The Proposed

Action consists of expanding mining

and ore processing activities at the

Florida Canyon Mine, and a reclamation

plan encompassing the entire operation.

Dated: November 26, 1997.

Ron Wenker,

Winnemucca District Manager.

[FR Doc. 97–31750 Filed 12–3–97; 8:45 am]

BILLING CODE 4310–HC–M

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CO–030–08–1010–00–1784]

Southwest Resource Advisory Council

Meeting

AGENCY: Bureau of Land Management,

Interior.

ACTION: Notice; Resource Advisory

Council Meeting.

SUMMARY: In accordance with the

Federal Advisory Committee Act (5

USC), notice is hereby given that the

Southwest Resource Advisory Council

(Southwest RAC) will meet on

Thursday, January 8, 1998, at Ridgway

State Park south of Montrose, Colorado.

DATES: The meeting will be held on

Thursday, January 8, 1998.

ADDRESSES: For additional information,

contact Roger Alexander, Bureau of

Land Management, Montrose District

Office, 2465 South Townsend Avenue,

Montrose, Colorado 81401; telephone

970–240–5335; TDD 970–240–5366; email r2alexan@co.blm.gov

SUPPLEMENTARY INFORMATION: The

January 8, 1998, meeting will begin at

9:00 a.m. at Ridgway State Park

Headquarters, (Dutch Charlie entrance)

on US Highway 550 approximately 21

miles south of Montrose, Colorado. The

agenda will include updates on the

Gunnison Basin travel management

planning effort, Lake Fork Project and

Squirrel Exchange, and discussions on

recreation guidelines and ethics, and

road closures/proliferation. Time will be

provided for public comments.

All Resource Advisory Council

meetings are open to the public.

Interested persons may make oral

statements to the Council, or written

statements may be submitted for the

Council’s consideration. If necessary, a

per-person time limit may be

established by the Montrose District

Manager.

Summary minutes for Council

meetings are maintained in the

Montrose District Office and on the

World Wide Web at http://

www.co.blm.gov/mdo/

mdolswlrac.htm and are available for

public inspection and reproduction

within thirty (30) days following each

meeting.

Dated: November 24, 1997.

Jamie E. Connell,

Associate District Manager.

[FR Doc. 97–31751 Filed 12–3–97; 8:45 am]

BILLING CODE 4310–JB–P

NATIONAL FOUNDATION ON THE

ARTS AND THE HUMANITIES

National Endowment for the Arts;

Fellowships Panel

Pursuant to Section 10(a)(2) of the

Federal Advisory Committee Act (Pub.

L. 92–463), as amended, notice is hereby

given that a meeting of the Fellowships

Panel, National Heritage Fellowships

Section, to the National Council on the

Arts will be held on December 15–17,

1997. The panel will meet from 9:00

a.m. to 10:30 p.m. on December 15, from

9:00 a.m. to 6:30 p.m. on December 16,

and from 9:00 a.m. to 3:30 p.m. on

December 17 in Room 716 at the Nancy

Hanks Center, 1100 Pennsylvania

Avenue, NW., Washington, D.C. 20506.

This meeting is for the purpose of

Panel review, discussion, evaluation,

and recommendation on nominations

for National Heritage Fellowship awards

under the National Foundation on the

Arts and the Humanities Act of 1965, as

amended, including information given

in confidence to the agency by

nominees. In accordance with the

determination of the Chairman of March

31, 1997, these sessions will be closed

to the public pursuant to subsection

(c)(4), (6) and (9)(B) of section 552b of

Title 5, United States Code.

Any person may observe meetings, or

portions thereof, of advisory panels

which are open to the public, and may

be permitted to participate in the

panel’s discussions at the discretion of

the panel chairman and with the

approval of the full-time Federal

employee in attendance.

If you need special accommodations

due to a disability, please contact the

Office of AccessAbility, National

Endowment for the Arts, 1100

Pennsylvania Avenue, NW.,

Washington, D.C. 20506, 202/682–5532,

TYY/TDD 202/682–5496, at least seven

(7) days prior to the meeting.

Further information with reference to

this meeting can be obtained from Ms.