Federal Register / Vol. 62, No. 39 / Thursday, February 27, 1997 / Notices 8985

employees of the Hudson’s Bay

Company prior to 1855, from the Upper

Cowlitz and Lower Cowlitz bands as

enumerated by the Federal

Government’s Office of Indian Affairs

(OIA) in 1878, and from persons

enumerated as Cowlitz Indians on the

BIA’s 1919 Schedule of Unenrolled

Indians in Western Washington

prepared by special agent Charles

Roblin.

The present membership also

descends from individuals identified as

Cowlitz Indians in pre-1855 Roman

Catholic Church records, persons

identified as Cowlitz Indians in public

vital records, and from individuals

identified as Cowlitz Indians on BIA

allotment records (for Indian

homesteads, public domain allotments,

and Yakima Reservation allotments) and

in affidavits filed with the BIA between

1911 and 1918 in connection with

applications for adoption and allotment

on the Quinault Reservation.

Previous acknowledgment decisions

have allowed for the movement of

families between bands and tribes, as

well as the formal or informal merger of

bands and tribes. The amalgamation of

the Lower Cowlitz and Upper Cowlitz,

and the association of non-Cowlitz

me ́tis families with the Cowlitz Indians

in the society which developed at the

Hudson’s Bay Company settlement on

Cowlitz Prairie prior to the 1855 date of

prior unambiguous Federal

acknowledgment, fall within these

parameters. The process by which a

limited number of non-Cowlitz me ́tis

families became associated with the

Cowlitz Indians was carefully analyzed

by the BIA. It was concluded that

descent from such associated me ́tis

families constituted descent from the

historical tribe within the meaning of

criterion 83.7(e) Thus we conclude that

the petitioner meets criterion 83.7(e).

The constitution of the Cowlitz Indian

Tribe prohibits dual enrollment. This

provision is enforced. The BIA found no

evidence that a substantial proportion of

the petitioner’s membership was

enrolled in any other Federally

acknowledged tribe. Therefore, we find

that the petitioner meets criterion

83.7(f).

No evidence was found that the

petitioner or its members are the subject

of congressional legislation which has

expressly terminated or forbidden the

Federal relationship. Therefore, we find

that the petitioner meets criterion

83.7(g).

Based on this preliminary factual

determination, we conclude that the

Cowlitz Indian Tribe should be granted

Federal acknowledgment under 25 CFR

part 83.

As provided by 25 CFR 83.10(h) of the

revised regulations, a report

summarizing the evidence, reasoning,

and analyses that are the basis for the

proposed decision will be provided to

the petitioner and interested parties,

and is available to other parties upon

written request. Comments on the

proposed finding and/or requests for a

copy of the report of evidence should be

addressed to the Office of the Assistant

Secretary, Bureau of Indian Affairs,

1849 C Street, NW., Washington, DC

20240, Attention; Branch of

Acknowledgment and Research,

Mailstop 4603—MIB. Third parties must

simultaneously supply copies of their

comments to the petitioner in order for

them to be considered by the

Department of the Interior.

During the response period, the

Assistant Secretary shall provide

technical advice concerning the

proposed finding and shall make

available to the petitioner in a timely

fashion any records used for the

proposed finding not already held by

the petitioner, to the extent allowable by

Federal law (83.10(j)(1)). In addition, the

Assistant Secretary shall, if requested by

the petitioner or any interested party,

hold a formal meeting for the purpose

of inquiring into the reasoning,

analyses, and factual bases for the

proposed finding. The proceedings of

this meeting shall be on the record. The

meeting record shall be available to any

participating party and become part of

the record considered by the Assistant

Secretary in reaching a final

determination (83.10(j)(2)).

If third party comments are received

during the regular response period, the

petitioner shall have a minimum of 60

days to respond to these comments.

This period may be extended at the

Assistant Secretary’s discretion if

warranted by the nature and extent of

the comments (83.10(k)).

At the end of the response periods the

Assistant Secretary shall consider the

written arguments and evidence

submitted during the response periods

and issue a final determination. The

Assistant Secretary shall consult with

the petitioner and interested parties to

determine an equitable time frame for

preparation of the final determination

and notify the petitioner and interested

parties of the date such consideration

begins. The Assistant Secretary may

conduct any necessary additional

research and may request additional

information from the petitioner and

third parties. A summary of the final

determination will be published in the

Federal Register within 60 days from

the date on which the consideration of

the written arguments and evidence

rebutting or supporting the proposed

finding begins, as provided in 25 CFR

83.10(l)(2).

Dated: February 12, 1997.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 97–4837 Filed 2–26–97; 8:45 am]

BILLING CODE 4310–02–P

Sac and Fox Nation of Missouri Liquor

and Beer Act

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 Sac

and Fox Nation of Missouri Liquor and

Beer Act was duly adopted by

Resolution R–53–96 of the Sac and Fox

Nation of Missouri Tribal Council on

September 27, 1996. 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

February 27, 1997.

FOR FURTHER INFORMATION CONTACT: Jerry

Cordova, Office of Tribal Services, 1849

C Street, N.W., MS 4603 MIB,

Washington, D.C. 20240–4001;

telephone (202) 208–4401.

SUPPLEMENTARY INFORMATION: The Sac

and Fox Nation of Missouri Liquor and

Beer Ordinance shall read as follows:

Sac and Fox Liquor and Beer Act

Section 1. Title and Purpose

This Title shall be known as the Sac

and Fox Liquor and Beer Act (‘‘Act’’).

This law is enacted to regulate the sale

and distribution of liquor and beer

products on all properties under the

jurisdiction of the Sac and Fox Nation

of Missouri, and to generate revenue to

fund needed tribal programs and

services.

Section 2. Authority

This Act is enacted pursuant to

Article V (f) and (i) of the Constitution

of the Sac and Fox Nation of Missouri

in Kansas and Nebraska and the Act of

August 15, 1953 (Pub. L. 83–277, 67

Stat. 588, 18 U.S.C. § 1161).

Section 3. Definitions

Unless otherwise required by the

context, the following words and
8986 Federal Register / Vol. 62, No. 39 / Thursday, February 27, 1997 / Notices

phrases shall have the designated

meanings:

(a) ‘‘Nation’’ or ‘‘Tribe’’ shall mean

the Sac and Fox Nation of Missouri in

Kansas and Nebraska.

(b) ‘‘Tribal Council’’ shall mean the

Tribal Council of the Sac and Fox

Nation of Missouri as constituted by

Article IV of the Constitution of the Sac

and Fox Nation of Missouri in Kansas

and Nebraska.

(c) ‘‘Commission’’ shall mean the Sac

and Fox Liquor and Beer Control

Commission established pursuant to

Section 201 of this Act.

(d) ‘‘Sac and Fox Indian Country’’

shall mean Indian Country as defined by

18 U.S.C. § 1151 subject to the

jurisdiction of the Sac and Fox Nation

of Missouri, including but not limited

to, any lands and waters held in trust by

the Federal Government within the

jurisdiction of the Sac and Fox Nation

of Missouri.

(e) ‘‘Sale’’ shall mean the transfer,

exchange or barter, in any or by any

means whatsoever, for a consideration,

by any person, association, partnership,

or corporation, of liquor or beer

products.

(f) ‘‘Wholesale Price’’ shall mean the

established price for which liquor and

beer products are sold to the Sac and

Fox Nation of Missouri or any Operator

by the manufacturer or distributor,

exclusive of any discount or other

reduction.

(g) ‘‘Alcohol’’ is that substance known

as ethyl alcohol, hydrated oxide of

ethyl, or spirit of wine, which is

produced by the fermentation or

distillation of grain, starch, molasses or

sugar, or other substances including all

dilutions and mixtures of this

substance.

(h) ‘‘Liquor’’ shall mean the four

varieties of liquor, commonly referred to

as alcohol, spirits, wine, and beer in

excess of 5% percent of alcohol, and all

fermented, spirituous, vinous or malt

liquor or any other intoxicating liquid,

solid, semi-solid or other substance

patented or not, containing alcohol,

spirits, wine, or beer in excess of 5%

percent of alcohol, and intended for oral

consumption.

(i) ‘‘Beer’’ shall mean any beverage

obtained by the alcohol fermentation of

an infusion or decoction of pure hops,

or pure extract of hops, and malt and

sugar in pure water containing not more

than 5% percent of alcohol by weight.

(j) ‘‘Liquor Outlet’’ shall mean a

tribally licensed retail sale business

selling liquor within the Sac and Fox

Indian Country, including all related

and associated facilities under the

control of the Licensee. Moreover,

where a Licensee’s business is carried

on as part of the operation of an

entertainment or recreation facility, the

‘‘Liquor Outlet’’ shall be deemed to

include the entire entertainment or

recreation facility and associated areas.

(k) ‘‘Beer Outlet’’ shall mean a tribally

licensed retail sale business selling beer

within the Sac and Fox Indian Country,

including all related and associated

facilities under the control of the

Licensee. Moreover, where a Licensee’s

business is carried on as part of the

operation of an entertainment or

recreation facility, the ‘‘Beer Outlet’’

shall be deemed to include the entire

entertainment or recreation facility and

associated areas.

(l) ‘‘Operator’’ or ‘‘Licensee’’ shall

mean any person twenty-one (21) years

of age or older, properly licensed by the

Nation to operate a liquor and/or beer

outlet.

Chapter One—Prohibition

Section 101. General Prohibition

It shall be unlawful to buy, sell, give

away, consume, furnish, or possess any

liquor or beer or product containing

alcohol for ingestion by human beings,

or to appear or be found in a place

where liquor or beer are sold and/or

consumed except as allowed by the Sac

and Fox Liquor and Beer Act and

regulations promulgated thereunder.

Section 102. Possession for Personal Use

Possession of liquor or beer for

personal use by persons over the age of

21 years shall, unless otherwise

prohibited by Federal or tribal law or

regulation, be lawful within the Sac and

Fox Indian Country, so long as such

liquor or beer was lawfully purchased

from an establishment duly licensed to

sell such beverages, whether on or off

the Sac and Fox Indian Country and

consumed within a private residence or

location, or at a location or facility

specifically licensed for the public

consumption of liquor or beer.

Chapter Two—Licensing

Section 201. Licensing of Liquor and

Beer Outlets

The Tribal Council shall be the Liquor

and Beer Control Commission. The

Commission is empowered to:

(a) Administer this Act by exercising

general control, management, and

supervision of all liquor and beer sales,

places of sale and sales outlets as well

as exercising all powers necessary to

accomplish the purposes of this Act.

(b) Adopt and enforce rules and

regulations in furtherance of the

purpose of this Act and in the

performance of its administrative

functions.

Section 202. Application for Liquor and

Beer Outlet Licenses

(a) Application. Any person twentyone (21) years of age and older, may

apply to the Commission for a liquor

and/or beer outlet license.

(b) Licensing Requirements. The

person applying for such permit must

make a showing once a year, and must

satisfy the Commission that:

(1) he/she is a person of good moral

character;

(2) he/she has never been convicted of

violating any of the laws prohibiting the

traffic in any spirituous, vinous,

fermented or malt liquors, or of any of

the gambling laws of the Nation, state,

or any other tribe or state of the United

States, within three (3) years

immediately preceding the date of his/

her petition;

(3) he/she has not violated the laws

commonly called ‘‘prohibition laws’’;

(4) he/she has not had any permit or

license to sell non-intoxicating liquors

revoked by any governmental authority

within the previous twelve (12) months.

(c) Processing of Application. The

Commission’s Secretary shall receive

and process applications and be the

official representative of the Nation and

Commission in matters relating to

receipt of applications, liquor and beer

excise tax collections and related

matters. If the Commission or its

authorized representative is satisfied

that the applicant is suitable and a

responsible person, the Commission or

its authorized representative may issue

a license for the sale of liquor and/or

beer products.

(d) Application Fee. Each application

shall be accompanied by an application

fee to be set by regulation of the

Commission.

(e) Discretionary Licensing. Nothing

herein shall be deemed to create a duty

or requirement to issue a license.

Issuance of licenses is discretionary

upon the Commission’s determination

of the best interests of the Sac and Fox

Nation, and the license grants a

privilege, but not a property right, to sell

liquor and/or beer within the

jurisdiction of the Sac and Fox Nation

at the licensed outlet(s).

Section 203. Liquor and Beer Outlet

Licenses

(a) Upon approval of an application,

the Commission shall issue the

applicant a liquor and/or beer outlet

license, valid for one year from the date

of issuance, which shall entitle the

Operator to establish and maintain only

the type of outlet being permitted. This

license shall not be transferrable. The

Licensee must properly and publicly
Federal Register / Vol. 62, No. 39 / Thursday, February 27, 1997 / Notices 8987

display the license in the place of

business. It shall be renewable at the

discretion of the Commission by the

submission of the Licensee of a

subsequent application form and

payment of application fee as provided

in Section 202(d).

Section 204. Other Business by Operator

An Operator may conduct another

business simultaneously with managing

a liquor and/or beer outlet; PROVIDED,

if such other business is in any manner

affiliated or related to the liquor and/or

beer outlet it must be approved by

majority vote of the Commission prior to

initiation. Said other business may be

conducted on the same premise as a

liquor and/or beer outlet, but the

Operator shall be required to maintain

separate books of account for the other

business.

Section 205. Revocation of Operator’s

License

(a) Failure of an Operator to abide by

the requirements of this Act and any

additional regulations or requirements

imposed by the Commission will

constitute grounds for revocation of the

Operator’s license as well as

enforcement of the penalties provided

in Section 601 of this Act.

(b) Upon determining that any person

licensed by the Sac and Fox Nation to

sell liquor or beer is, for any reason, no

longer qualified to hold such license or

reasonably appears to have violated any

terms of the license or tribal regulations,

including failure to pay taxes when due

and owing, or have been found by any

forum of competent jurisdiction,

including the Commission, to have

violated the terms of a tribal or state

license or of any provision of this Act,

the Chairperson of the Commission

shall immediately serve written notice

upon the Licensee directing that he/she

show cause within ten days why his or

her license should not be revoked or

restricted. The notice shall state the

grounds relied upon for the proposed

revocation or restriction.

(c) If the Licensee fails to respond to

the notice within ten (10) days of

service, the Chairperson may issue an

order revoking the license or placing

such restrictions on the license as the

Chairperson deems appropriate,

effective immediately. The Licensee

may, within the 10 day period, file with

the Office of the Chairperson a written

response and request for hearing before

the Commission.

(d) At the hearing, the Licensee may

present evidence and argument directed

at the issue of whether or not the

asserted grounds for the proposed

revocation or restriction are in fact true,

and whether such grounds justify the

revocation or modifications of the

license. The Nation may present other

evidence as it deems appropriate.

(e) The Commission after considering

all of the evidence and arguments, shall

issue a written decision either

upholding the license, revoking the

license or imposing some lessor penalty

(such as a temporary suspension or a

fine), and such decision shall be final

and conclusive.

(f) The Commission’s final decision,

upon posting a bond with the Court

sufficient to cover the Commission’s

final hearing assessment or ruling, may

be appealed by Licensee to the Sac and

Fox Court. Any findings of fact of the

Commission are conclusive upon the

Court unless clearly contrary to law.

The purposes of Court review are not to

substitute the Court’s finding of facts or

opinion for the Commission’s, but to

guarantee due process of law. If the

Court should rule for the appealing

party, the Court may order a new

hearing giving such guidance for the

conduct of such as it deems necessary

for a fair hearing. No damage or monies

may be awarded against the

Commission, its members, nor the

Nation and its agents and employees in

such an action.

Chapter Three—Liquor and Beer Sales

and Transportation

Section 301. Sales by Liquor and Beer

Wholesalers and Transport of Liquors

and Beers Upon Sac and Fox Indian

Country

(a) Right of Commission to Scrutinize

Suppliers. The Operator of any licensed

outlet shall keep the Commission

informed, in writing, of the identity of

the suppliers and/or wholesalers who

supply or are expected to supply liquor

and/or beer stocks to the outlet(s). The

Commission may, at its discretion, limit

or prohibit the purchases of said stock

from a supplier or wholesaler for the

following reasons: non-payment of

Tribal taxes; bad business practices; or

sale of unhealthy supplies. A ten day

notice of stopping purchases (‘‘Stop

Purchase Order’’) will be given by the

Commission whenever purchases from a

supplier are to be discontinued unless

there is a health emergency, in which

case the Stop Purchase order may take

effect immediately.

(b) Freedom of Information from

Suppliers. Operators shall in their

purchase of stock and in their business

relations with suppliers cooperate with

and assist the free flow of information

and data to the Commission from

suppliers relating to the sales and

business arrangements between the

suppliers and Operators. The

Commission may, at its discretion,

require the receipts from the suppliers

of all invoices, bills of lading, billings or

other documentary receipts of sales to

the Operators. All records shall be kept

according to Section 302(g) of this Act.

Section 302. Sales by Retail Operators

(a) Commission Regulations. The

Commission shall adopt regulations

which shall supplement these laws and

facilitate their enforcement. These

regulations shall include prohibitions

on sales to minors, where liquor and/or

beer may be consumed, persons not

allowed to purchase liquor and/or beer,

hours and days when outlets may be

open for business, and other appropriate

matters and controls.

(b) Sales to Minors. No person shall

give, sell, or otherwise supply liquor

and/or beer to any person under twentyone (21) years of age either for his or her

own use or for the use of his or her

parents or for the use of any other

person.

(c) Consumption of Liquor and/or

Beer upon Licensed Premises. No

Operator shall permit any person to

open or consume liquor or beer on his

or her premises or any premises

adjacent thereto and in his or her

control until the Commission allows the

consumption of liquor and/or beer and

identifies where liquor and/or beer may

be consumed on Sac and Fox Indian

Country.

(d) Conduct on Licensed Premises.

(1) No Operator shall be disorderly,

boisterous, or intoxicated on the

licensed premises or on any public

premises adjacent thereto which are

under his or her control, nor shall he or

she permit any disorderly, boisterous, or

intoxicated person to be thereon; nor

shall he or she use or allow the use of

profane or vulgar language thereon.

(2) No Operator shall permit

suggestive, lewd, or obscene conduct or

acts on his or her premises. For the

purpose of this section, suggestive, lewd

or obscene acts or conduct shall be

those acts or conduct identified as such

by the laws of the Nation and/or of the

State of Kansas.

(e) Employment of Minors. No person

under the age of twenty-one (21) years

of age shall be employed in any service

in connection with the sale or handling

of liquor, either on a paid or voluntary

basis.

(f) Operator’s Premises Open to

Commission Inspection. The premises

of all Operators, including vehicles used

in connection with liquor and/or beer

sales, shall be open during business

hours and at all other reasonable times
8988 Federal Register / Vol. 62, No. 39 / Thursday, February 27, 1997 / Notices

to inspection by the Commission or its

designated representatives.

(g) Operator’s Records. The originals

or copies of all sales slips, invoices, and

other memoranda covering all purchases

of liquor and/or beer by Operators shall

be kept on file in the retail premises of

the Operator purchasing the sale for at

least five (5) years after each purchase,

and shall be filed separately and kept

apart from all other records, and as

nearly as possible, shall be filed in

consecutive order and each month’s

records kept separate so as to render the

same readily available for inspection

and checking. All canceled checks, bank

statements and books of accounting

covering or involving the purchase of

liquor and/or beer, and all memoranda,

if any, showing payment of money for

liquor and/or beer other than by check,

shall be likewise preserved for

availability for inspection and checking.

(h) Records Confidential. All records

of the Commission showing the

purchase of liquor by any individual or

group shall be confidential and shall not

be inspected except by members of the

Commission or its authorized

representatives.

(i) Conformity with State Law.

Operators shall comply with the State of

Kansas liquor and beer laws to the

extent required by 18 U.S.C. § 1161.

However, the Nation shall have the

fullest jurisdiction allowed under

Federal law over the sale of liquor and

beer products, and related products or

activities, within the boundaries of Sac

and Fox Indian Country.

Section 303. Transportation through the

Reservation not Affected

Nothing herein shall pertain to the

otherwise lawful transportation of

liquor or beer through the Sac and Fox

Indian Country by persons remaining

upon public highways and where such

beverages are not delivered or sold or

offered for sale to anyone within the Sac

and Fox Indian Country.

Chapter Four—Taxation and Audits

Section 401. Excise Tax Imposed upon

Distribution of Liquor

(a) General Taxing Authority. The

Commission shall have authority, as

provided by Tribal law, to assess and

collect tax on sales of liquor and beer

products to the consumer or purchaser.

The tax shall be collected and paid to

the Commission upon all liquor and

beer products sold within the

jurisdiction of the Nation. The Tribal

Council may establish differing tax rates

for any given class of merchandise,

which shall be paid prior to the time of

retail sale and delivery thereof.

(b) Added to Retail Price. An excise

tax, to be set by the Tribal Council, on

the wholesale price shall be added to

the retail selling price of liquor and beer

products sold to the ultimate consumer

or purchaser. All taxes paid pursuant to

this Act shall be conclusively presumed

to be direct taxes on the retail consumer

precollected for the purposes of

convenience and facility only.

(c) Within 72 hours after receipt of

any liquor or beer by any wholesaler or

retailer subject to this Act, a tribal tax

stamp shall be securely affixed thereto

denoting the tribal tax thereon. Retailers

or sellers of liquor and/or beer within

the Nation’s jurisdiction may buy and

sell or have in their possession only

liquor and/or beer which have the tribal

tax stamp affixed to each package.

Section 402. Audits and Inspection

(a) All of the books and other business

records of the outlet shall be available

for inspection and audit by the

Commission or its authorized

representative during business hours

and at all other reasonable times.

(b) Bond for Excise Tax. The excise

tax together with reports on forms to be

supplied by the Commission, shall be

remitted to the Commission on a

monthly basis unless otherwise

specified in writing by the Commission.

The Operator shall furnish a satisfactory

bond to the Commission in an amount

to be specified by the Commission

guaranteeing his or her payment of

excise taxes.

Chapter Five—Liability, Insurance and

Sovereign Immunity

Section 501. Liability for Bills

The Nation and the Commission shall

have no legal responsibility for any

unpaid bills owed by a liquor and/or

beer outlet to a wholesale supplier or

any other person.

Section 502. Tribal Liability and Credit

(a) Unless explicitly authorized by

tribal statute, Operators are forbidden to

represent or give the impression to any

supplier or person with whom he or she

does business that he or she is an

official representative of the Nation or

the Commission authorized to pledge

tribal credit or financial responsibility

for any of the expenses of his or her

business operation. The Operator shall

hold the Nation and the Commission

harmless from all claims and liability of

whatever nature. The Commission shall

revoke an Operator’s outlet license(s) if

said outlet(s) is not operated in a

businesslike manner or if it does not

remain financially solvent or does not

pay its operating expenses and bills

before they become delinquent.

(b) Insurance. The Operator shall

maintain at his or her expense adequate

insurance covering liability, fire, theft,

vandalism, and other insurable risks.

The Commission may establish as a

condition of any license, the required

insurance limits and any additional

coverage deemed advisable, proof of

which shall be filed with the

Commission.

Section 503. Sovereign Immunity

Preserved

Nothing in this statute shall be

construed as a waiver or limitation of

the sovereign immunity of the Sac and

Fox Indian Nation or its agencies, nor

their officers or employees.

Chapter Six—Violations-Penalties

Section 601. Violations-Penalties

(a) Any person who violates this Act

or elicits, encourages, directs or causes

to be violated these laws shall be guilty

of an offense and subject to a fine.

Failure to have a current, valid or

proper license shall not constitute a

defense to an alleged violation of the

licensing laws or regulations. The Sac

and Fox Nation Court system will have

jurisdiction over the proceeding.

1. Any person convicted of

committing any violation of this Act

shall be subject to punishment of up to

one year imprisonment and/or a fine not

to exceed Five Thousand Dollars

($5,000.00).

2. Additionally, any person upon

committing any violation of any

provision of this Act may be subject to

a civil action for trespass, and upon

having been determined by the Court to

have committed the violation, shall be

found to have trespassed upon the lands

of the Sac and Fox Nation, and shall be

assessed such damages as the Court

deems appropriate in the circumstances.

3. Any person suspected of having

violated any provision of this Act shall,

in addition to any other penalty

imposed hereunder, be required to

surrender any liquor or beer in such

person’s possession to the officer

making the arrest or complaint. The

surrendered beverages, if previously

unopened, shall only be returned upon

a finding by the Court after trial that the

individual committed no violation of

this Act.

4. Any Operator who violates the

provisions set forth herein shall forfeit

all of the remaining stock in the

outlet(s). The Commission shall be

empowered to seize forfeited products.

5. Any stock, goods or other items

subject to this Act that have not been

registered, licensed, or taxes paid shall

be contraband and subject to immediate
Federal Register / Vol. 62, No. 39 / Thursday, February 27, 1997 / Notices 8989

confiscation by the Commission or its

employees or agents, PROVIDED, that

within 15 days of the seizure the

Commission shall cause to be filed an

action against such property alleging the

reason for the seizure or confiscation,

and upon proof, the Court shall order

the property forfeited and vested in the

Sac and Fox Nation of Missouri.

Chapter Seven—Miscellaneous

Provisions

Section 701. Severability

If any provision of this Act in its

application to any person or

circumstance is held invalid, the

remainder of the Act and its application

to other persons or circumstances is not

affected.

Section 702. Effective Date

This Act shall become effective upon

publication of the Secretary of the

Interior’s certification notice in the

Federal Register.

Dated: February 20, 1997.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 97–4944 Filed 2–26–97; 8:45 am]

BILLING CODE 4310–22–P

Bureau of Land Management

[AK–962–1410–00–P; AA–9299]

Notice for Publication; Alaska Native

Claims Selection

In accordance with Departmental

regulation 43 CFR 2650.7(d), notice is

hereby given that a decision to issue

conveyance under the provisions of Sec.

14(h)(1) of the Alaska Native Claims

Settlement Act of December 18, 1971, 43

U.S.C. 1601, 1613(h)(1), will be issued

to Calista Corporation for approximately

36.8 acres. The lands involved are in the

vicinity of Nunivak Island, Alaska.

Seward Meridian, Alaska

T. 2 N., R. 104 W.,

Sec. 36.

A notice of the decision will be

published once a week, for four (4)

consecutive weeks, in the Anchorage

Daily News. Copies of the decision may

be obtained by contacting the Alaska

State Office of the Bureau of Land

Management, 222 West Seventh

Avenue, #13, Anchorage, Alaska 99513–

7599 ((907) 271–5960).

Any party claiming a property interest

which is adversely affected by the

decision, an agency of the Federal

government or regional corporation,

shall have until March 31, 1997 to file

an appeal. However, parties receiving

service by certified mail shall have 30

days from the date of receipt to file an

appeal. Appeals must be filed in the

Bureau of Land Management at the

address identified above, where the

requirements for filing an appeal may be

obtained. Parties who do not file an

appeal in accordance with the

requirements of 43 CFR Part 4, Subpart

E, shall be deemed to have waived their

rights.

Patricia A. Baker,

Land Law Examiner, ANCSA Team, Branch

of 962 Adjudication.

[FR Doc. 97–4835 Filed 2–26–97; 8:45 am]

BILLING CODE 4310–$$–P

[WY–921–41–5700; WYW104027]

Notice of Proposed Reinstatement of

Terminated Oil and Gas Lease

Pursuant to the provisions of 30

U.S.C. 188(d) and (e), and 43 CFR

3108.2–3(a) and (b)(1), a petition for

reinstatement of oil and gas lease

WYW104027 for lands in Big Horn

County, Wyoming, was timely filed and

was accompanied by all the required

rentals accruing from the date of

termination.

The lessee has agreed to the amended

lease terms for rentals and royalties at

rates of $5.00 per acre, or fraction

thereof, per year and 162⁄3 percent,

respectively.

The lessee has paid the required $500

administrative fee and $125 to

reimburse the Department for the cost of

this Federal Register notice. The lessee

has met all the requirements for

reinstatement of the lease as set out in

Section 31 (d) and (e) of the Mineral

Lands Leasing Act of 1920 (30 U.S.C.

188), and the Bureau of Land

Management is proposing to reinstate

lease WYW104027 effective November

1, 1996, subject to the original terms and

conditions of the lease and the

increased rental and royalty rates cited

above.

Dated: February 18, 1997.

Pamela J. Lewis,

Chief, Leasable Minerals Section.

[FR Doc. 97–4902 Filed 2–26–97; 8:45 am]

BILLING CODE 4310–22–P

OVERSEAS PRIVATE INVESTMENT

CORPORATION

Sunshine Act Meeting

March 11, 1997 Board of Directors

Meeting

TIME AND DATE: Tuesday, March 11,

1997, 1:00 PM (OPEN Portion); 1:30 PM

(CLOSED Portion).

PLACE: Offices of the Corporation,

Twelfth Floor Board Room, 1100 New

York Avenue, N.W., Washington, D.C.

STATUS: Meeting OPEN to the Public

from 1:00 PM to 1:30 PM; Closed

portion will commence at 1:30 PM

(approx.).

MATTERS TO BE CONSIDERED:

1. President’s Report

2. Approval of December 10, 1996

Minutes (Open Portion)

3. Meeting schedule through December,

1997

FURTHER MATTERS TO BE CONSIDERED:

(Closed to the Public 1:30 PM).

1. Finance Project in Russia

2. Insurance Project in Bangladesh

3. Pending Major Projects

Finance Project in Venezuela

4. Approval of December 10, 1996

Minutes (Closed Portion)

CONTACT PERSON FOR INFORMATION:

Information on the meeting may be

obtained from Connie M. Downs at (202)

336–8438.

Dated: February 25, 1997.

Connie M. Downs,

OPIC Corporate Secretary.

[FR Doc. 97–5043 Filed 2–25–97; 2:30 pm]

BILLING CODE 3210–01–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Stipulation

Pursuant to the Comprehensive

Environmental Response

Compensation and Liability Act of

1980, as amended

Notice is hereby given that a proposed

Stipulation in the bankruptcy

proceeding entitled In re Crafts

Precision Industries, Inc., Chapter 11

Cash No. 95–14257 (JNF) (Bankr. D.

Mass), was lodged on January 31, 1997,

with the United States Bankruptcy

Court for the District of Massachusetts.

The proposed Stipulation resolves a

Proof of Claim filed by the United States

in the bankruptcy proceeding, on behalf

of the Environmental Protection

Agency. The Proof of Claim was passed

on an obligation of Crafts Precision

Industries, Inc. (‘‘Crafts’’) pursuant to a

consent decree, entered by the United

States District Court for the District of

New Hampshire on December 8, 1994,

in United States v. OK Tool Co., Inc.,

No. 94–517(b) (D.N.H.). The consent

decree related to Craft’s liability, under

the Comprehensive Environmental

Response, Compensation, and Liability

Act, 42 U.S.C. 9601 et seq., in

connection with the Savage Municipal

Well Superfund Site in Milford, New

Hampshire. The Stipulation provides