Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 10545 

I. Abstract 

Respondents use these forms to 

supply the USGS with domestic 

production and consumption data of 

nonferrous and related nonfuel mineral 

commodities, some of which are 

considered strategic and critical. This 

information will be published as 

chapters in Minerals Yearbook, monthly 

Mineral Industry Surveys, annual 

Mineral Commodity Summaries, and 

special publications, for use by 

Government agencies, industry, 

education programs, and the general 

public. 

II. Data 

OMB Control Number: 1028–0053. 

Form Number: Various (30 forms). 

Title: Nonferrous Metals Surveys. 

Type of Request: Revision of a 

currently approved collection. 

Affected Public: Private sector: U.S. 

nonfuel minerals producers and 

consumers of nonferrous and related 

metals. 

Respondent Obligation: Voluntary. 

Frequency of Collection: Monthly, 

quarterly, and annually. 

Estimated Number of Annual 

Responses: 4,971. 

Annual Burden Hours: 3,683 hours. 

We expect to receive 4,971 annual 

responses. We estimate an average of 20 

minutes to 2 hours per response. 

Estimated Reporting and 

Recordkeeping ‘‘Non-Hour Cost’’ 

Burden: We have not identified any 

‘‘non-hour cost’’ burdens associated 

with this collection of information. 

III. Request for Comments 

On August 23, 2011, we published a 

Federal Register Notice (76 FR 52686) 

announcing that we would submit this 

ICR to OMB for approval and soliciting 

comments. The comment period closed 

on October 24, 2011. We did not receive 

any comments in response to that 

notice. 

We again invite comments concerning 

this ICR on: (a) Whether the proposed 

collection of information is necessary 

for the agency to perform its duties, 

including whether the information is 

useful; (b) the accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information; (c) how to 

enhance the quality, usefulness, and 

clarity of the information to be 

collected; and (d) how to minimize the 

burden on the respondents, including 

the use of automated collection 

techniques or other forms of information 

technology. 

Please note that the comments 

submitted in response to this notice are 

a matter of public record. Before 

including your address, phone number, 

email address, or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment, including your 

personal identifying information, may 

be made publicly available at anytime. 

Although you can ask OMB in your 

comment to withhold your personal 

identifying information from public 

review, we cannot guarantee that it will 

be done. 

USGS Information Collection 

Clearance Officer: Shari Baloch 703– 

648–7174. 

Dated February 15, 2012. 

John H. DeYoung, Jr., 

Director, National Minerals Information 

Center, U.S. Geological Survey. 

[FR Doc. 2012–4038 Filed 2–21–12; 8:45 am] 

BILLING CODE 4311–AM–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Coushatta Tribe of Louisiana— 

Alcoholic Beverage Control Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

Coushatta Tribe of Louisiana Alcoholic 

Beverage Control Ordinance. The 

Ordinance regulates and controls the 

possession, sale and consumption of 

liquor within the Coushatta Tribe’s 

Indian country. This Ordinance will 

increase the ability of the tribal 

government to control the distribution 

and possession of liquor within its 

reservation and at the same time will 

provide an important source of revenue 

and strengthening of the tribal 

government and the delivery of tribal 

services. 

DATES: Effective Date: This Act is 

effective as of February 22, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Chanda M. Joseph, Tribal Relations 

Specialist, Eastern Regional Office, 

Bureau of Indian Affairs, 545 Marriott 

Drive, Suite 700, Nashville, TN 37214; 

Telephone (615) 564–6750; Fax (615) 

564–6701; or De Springer, Office of 

Indian Services, 1849 C Street NW., MS/ 

4513/MIB, Washington, DC 20240; 

Telephone (202) 513–7626; Fax (202) 

208–5113. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Act of August 15, 1953; Public 

Law 83–277, 67 Stat. 586, 18 U.S.C. 

1161, as interpreted by the Supreme 

Court in Rice v. Rehner, 463 U.S. 713 

(1983), the Secretary of the Interior shall 

certify and publish in the Federal 

Register notice of adopted liquor 

ordinances for the purpose of regulating 

liquor transactions in Indian country. 

The Coushatta Tribal Council adopted 

the Ordinance, by Coushatta Tribe of 

Louisiana Tribal Council Resolution No. 

2011–32, on March 30, 2011. 

This notice is published in 

accordance with the authority delegated 

by the Secretary of the Interior to the 

Assistant Secretary—Indian Affairs. I 

certify that the Tribal Council duly 

adopted the Coushatta Tribe of 

Louisiana Alcoholic Beverage Control 

Ordinance on March 30, 2011. 

Dated: February 13, 2012. 

Larry Echo Hawk, 

Assistant Secretary, Indian Affairs . 

The Coushatta Tribe of Louisiana 

Alcoholic Beverage Control Ordinance 

reads as follows: 

Section 1. Title 

This Ordinance shall be known as the 

Coushatta Tribe of Louisiana Alcoholic 

Beverage Control Ordinance. 

Section 2. Purpose 

The purpose of this Ordinance is to 

authorize, regulate and control the 

possession, transportation, purchase, 

sale and serving of alcoholic beverages 

within the Indian Country of the 

Coushatta Tribe of Louisiana in 

accordance with federal law, the laws of 

the State of Louisiana and the laws of 

the Coushatta Tribe of Louisiana. 

Section 3. Definitions 

As used in this Ordinance, the 

following words shall have the 

following meanings unless the context 

clearly requires otherwise: 

(a) ‘‘Alcoholic beverage’’ means any 

fluid or any solid capable of being 

converted into fluid, suitable for human 

consumption, and containing more than 

one-half of one percent alcohol by 

volume, including malt, vinous, 

spirituous, alcoholic or intoxicating 

liquors, beer, porter, ale, stout fruit 

juices, cider, or wine. 

(b) ‘‘Gaming Enterprise’’ includes all 

businesses whose employees are subject 

to licensing by the Coushatta Gaming 

Commission. 

(c) ‘‘Indian Country’’ means the 

Coushatta Tribe of Louisiana’s Indian 

country as that term is defined in 18 

U.S.C. § 1151. 

(d) ‘‘Liquors’’ means all distilled or 

rectified alcoholic spirits, brandy, 

whiskey, rum, gin, and all similar 

distilled alcoholic beverages, including 

all dilutions and mixtures of one or 

more of the foregoing, such as liquors, 

cordials, and similar compounds. 


srobinson on DSK4SPTVN1PROD with NOTICES
10546 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 

(e) ‘‘Malt’’ means beverages obtained 

by alcoholic fermentation of an infusion 

or by a brewing process or concoction 

of barley or other grain, malt, sugars, 

and hops in water, including among 

other things, ale, beer, stout, porter, and 

the like. Malt beverages are exclusive of 

all ‘‘liquors’’ whether they be defined as 

intoxicating or spirituous liquors, or as 

alcoholic, vinous, or malt liquors, or 

however otherwise defined as liquors, 

which are produced by distillation. 

(f) ‘‘Sale’’ and ‘‘sell’’ means: 

(i) Any exchange, barter, and traffic of 

alcoholic beverages; or 

(ii) The selling of or supplying or 

distributing, by any means whatsoever, 

of alcoholic beverages; or 

(iii) The serving, giving or distributing 

of alcoholic beverages, whether or not 

money is requested or paid in 

connection with such service, giving, or 

distribution, except that any of the 

above actions taken by a wholesaler of 

alcoholic beverages that is duly licensed 

by the State of Louisiana is not a ‘‘sale’’ 

and is not subject to licensure under 

this Ordinance. 

(g) ‘‘Tribe’’ shall mean the Coushatta 

Tribe of Louisiana. 

(h) ‘‘Tribal Council’’ shall mean the 

duly elected governing body of the 

Coushatta Tribe of Louisiana. 

(i) ‘‘Wine’’ shall mean all beverages 

made from the fermentation of fruits, 

berries, or grapes, with or without 

added spirits, and shall include all 

sparkling wine, which means 

champagne and any other effervescent 

wine charged with carbon dioxide, 

whether artificially or as the result of 

secondary fermentation of the wine 

within the container; and still wine, 

which means any non-effervescent 

wine, including any fortified wine, 

vermouth, any artificial imitation wine, 

any compound sold as ‘‘still wine,’’ and 

any fruit juice. 

Section 4. General 

The possession, transportation, 

purchase, and sale of alcoholic 

beverages shall be lawful within Indian 

Country, provided that such possession, 

transportation, purchase and sale are in 

conformity with the provisions of this 

Ordinance and the laws of the State of 

Louisiana. 

Section 5. Tribal License or Permit 

Required 

(a) No person shall sell any alcoholic 

beverage within Indian Country unless 

duly licensed to do so by the Tribe in 

accordance with the terms of this 

Ordinance and the laws of the State of 

Louisiana. Notwithstanding the 

foregoing, no license is required for the 

possession or service of alcoholic 

beverages at a private residence within 

Indian Country under this Ordinance 

provided that no money is requested or 

paid in connection with such service or 

possession. Such service or possession 

must in any event comply with the laws 

of the State of Louisiana. 

(b) Notwithstanding subsection (a), if 

(1) the Tribe or its gaming enterprise 

seeks to sell alcoholic beverages within 

Indian Country and (2) the Tribe or its 

gaming enterprise, as the case may be, 

is or will be duly licensed by the State 

of Louisiana to sell alcoholic beverages, 

then the Tribe and/or its gaming 

enterprise may sell such beverages 

without applying for or obtaining a 

Tribal Alcoholic Beverage License. 

Section 6. Tribal Alcoholic Beverage 

License; Requirements 

No tribal license shall issue under this 

Ordinance except upon a sworn 

application filed with the Tribal Council 

containing a full and complete showing 

of the following: 

(a) Satisfactory proof that the 

applicant is or will be duly licensed by 

the State of Louisiana; 

(b) Satisfactory proof that the 

applicant is of good character and 

reputation and that the applicant is 

financially responsible; 

(c) The description of the premises in 

which the alcoholic beverages are to be 

sold, and proof that the applicant is the 

owner of such premises, or lessee of 

such premises, or is otherwise entitled 

by law to use such premises, for at least 

the term of the license; 

(d) Agreement by the applicant to 

accept and abide by all conditions of the 

tribal license; 

(e) Payment of a fee as prescribed by 

the Tribal Council; 

(f) Satisfactory proof that neither the 

applicant nor the applicant’s spouse has 

ever been convicted of a felony; and 

(g) Satisfactory proof that notice of the 

application has been posted in a 

prominent, noticeable place on the 

premises where alcoholic beverages are 

to be sold for at least 30 days prior to 

consideration by the Tribal Council and 

that such notice has been published at 

least twice in such local newspaper 

serving the community that may be 

affected by the license as the Tribal 

Chairman or Secretary may authorize. 

The notice shall provide contact 

information for purposes of written 

comment by the public on the 

application and indicate the last date by 

which such written comments will be 

accepted by the Tribal Council. Contact 

information and a final comment date 

shall be provided to each applicant 

upon request. The Tribal Council will 

consider all such comments prior to 

holding a hearing on the application 

pursuant to this Ordinance. 

Section 7. Hearing on Application for 

Tribal Alcoholic Beverage License 

(a) All applications for a tribal 

alcoholic beverage license shall be 

considered by the Tribal Council in a 

session at which the applicant shall 

have the right to be present. The Tribal 

Council may also summon to the 

hearing any person(s) supporting or 

opposing the application who submitted 

written comments by the comment 

deadline. All applicants and any person 

summoned by the Tribal Council to 

attend the hearing shall have the right 

to be present, and to offer sworn oral or 

documentary evidence relevant to the 

application. 

(b) Prior to conducting the hearing the 

Tribal Council may order a background 

investigation of the applicant or any of 

the individuals listed on the applicant’s 

license application. 

(c) After the hearing, the Tribal 

Council, by secret ballot, shall 

determine whether to grant or deny the 

application, based on: 

(i) Whether the requirements of 

Section 6 of this Ordinance have been 

met; and 

(ii) Whether the Tribal Council, in its 

discretion, determines that granting the 

license is in the best interests of the 

Tribe. 

(d) In the event that the applicant is 

a member of the Tribal Council, or a 

member of the immediate family of a 

Council member, such member shall not 

vote on the application or participate in 

the hearings as a Council member. 

Section 8. Temporary License 

(a) The Tribal Council or its designee 

may grant a temporary license for the 

sale of alcoholic beverages for a period 

not to exceed three (3) days to any 

person applying for the same in 

connection with a Tribal or community 

activity, provided that the application 

shall be made as provided by Sections 

6 and 7 of this Ordinance, and that the 

conditions prescribed in Sections 9(b) 

through 9(j) of this Ordinance, as well 

as any other reasonable conditions as 

the Tribal Council may establish, shall 

be observed by the temporary licensee. 

(b) Each temporary license issued 

shall specify the types of alcoholic 

beverages to be sold, as well as the 

specific place, dates and times when the 

permit is valid. 

(c) A fee, established by the Tribal 

Council, will be assessed on 

applications for temporary licenses. 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 10547 

Section 9. Conditions of the Tribal 

License 

Any tribal license issued under this 

Ordinance shall be subject to such 

reasonable conditions as the Tribal 

Council shall establish, including, but 

not limited to the following: 

(a) A regular license shall be valid for 

a term of one year. A temporary license 

shall be valid for a period of not to 

exceed three days. 

(b) The licensee shall at all times 

maintain an orderly, clean, and neat 

establishment, both inside and outside 

the licensed premises. 

(c) The licensed premises shall be 

subject to patrol by the tribal Police 

Department, and such other law 

enforcement officials as may be 

authorized under tribal or federal law. 

(d) The licensed premises shall be 

open to inspection by duly authorized 

tribal officials at all times during regular 

business hours. 

(e) All sales of alcoholic beverages 

shall be for the personal use and 

consumption of the purchaser, and no 

resale of any alcoholic beverage is 

permitted, except that a licensed retailer 

of alcoholic beverages may purchase 

alcoholic beverages for resale within 

Indian Country. 

(f) No person under the age permitted 

under the law of the State of Louisiana 

shall be sold, served, delivered, given or 

allowed to consume alcoholic beverages 

in the licensed premises. 

(g) No alcoholic beverages shall be 

sold, served, disposed of, delivered, or 

given to any person, or consumed on the 

licensed premises, except in conformity 

with any applicable Tribal and/or 

Louisiana State rules limiting the hours 

and days on which alcoholic beverages 

may be sold, served, disposed of, 

delivered or given to any person. In no 

event shall the licensed premises 

operate or open earlier or operate or 

close later than is permitted by the laws 

of the State of Louisiana. 

(h) No alcoholic beverage shall be 

sold within 200 feet of a polling place 

on tribal election days, or when a 

referendum is held of the people of the 

Tribe, or on any special days of 

observance as designated by the Tribal 

Council. 

(i) The license shall at all times be 

posted in a prominent, noticeable place 

on the premises where alcoholic 

beverages are to be sold. 

(j) All acts and transactions executed 

under authority of the tribal alcoholic 

beverage license shall be in conformity 

with this Ordinance, the terms of the 

Tribal license, and the laws of the State 

of Louisiana. 

Section 10. License Not a Property 

Right 

Notwithstanding any other provision 

of this Ordinance, a tribal alcoholic 

beverage license is a mere permit for a 

fixed duration of time. A tribal alcoholic 

beverage license shall not be deemed a 

property right or vested right of any 

kind, nor shall the granting of a tribal 

alcoholic beverage license give rise to a 

presumption of legal entitlement to the 

granting of such license for a subsequent 

time period. 

Section 11. Assignment or Transfer 

No tribal license issued under this 

Ordinance shall be assigned or 

transferred without the written approval 

of the Tribal Council expressed by 

formal resolution. 

Section 12. Revocation and Suspension 

Any license issued hereunder may be 

suspended or revoked by the Tribal 

Council for the breach of any of the 

provisions of this Ordinance or of the 

tribal license upon hearing before the 

Tribal Council after 10 days’ notice to 

the licensee. The decision of the Tribal 

Council shall be final. 

Section 13. Assignment of Authority of 

Tribal Council 

The Tribal Council may, at its 

discretion, assign part or all of its 

hearing and licensing authority under 

this Ordinance by formal resolution. 

Section 14. Severability 

If a court of competent jurisdiction 

invalidates any part of this Ordinance, 

all valid parts that are severable from 

the invalid part shall remain in effect. 

If a part of this Ordinance is invalid in 

one or more of its applications, that part 

shall remain in effect in all valid 

applications that are severable from the 

invalid applications. 

Section 15. Sovereign Immunity 

Nothing contained in this Ordinance 

is intended to nor does in any way limit, 

alter, restrict, or waive the Tribe’s 

sovereign immunity. 

Section 16. Effective Date 

This Ordinance shall be effective on 

the date that the Secretary of the Interior 

certifies this Ordinance and it is 

published in the Federal Register. 

[FR Doc. 2012–4029 Filed 2–21–12; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Kickapoo Traditional Tribe of Texas— 

First Amended Beer and Liquor Tax 

Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

amendment to the Kickapoo Traditional 

Tribe of Texas’ Beer and Liquor Tax 

Ordinance. The Ordinance regulates and 

controls the possession, sale and 

consumption of liquor within the 

Kickapoo Traditional Tribe of Texas’ 

Reservation. The land is trust land and 

this Ordinance allows for the possession 

and sale of alcoholic beverages within 

the Kickapoo Traditional Tribe of Texas’ 

Reservation. This Ordinance will 

increase the ability of the tribal 

government to control the distribution 

and possession of liquor within their 

reservation, and at the same time will 

provide an important source of revenue, 

the strengthening of the tribal 

government and the delivery of tribal 

services. 

DATES: Effective Date: This Amendment 

is effective as of March 23, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Suzanne Chaney, Community Services 

Officer, Southern Plains Regional Office, 

Bureau of Indian Affairs, P.O. Box 368, 

Anadarko, OK 73005, Phone: (405) 247– 

1537; Fax: (404) 247–9240: or De 

Springer, Office of Indian Services, 

Bureau of Indian Affairs, 1849 C Street 

NW., MS–4513–MIB, Washington, DC 

20240; Telephone (202) 513–7640. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Act of August 15, 1953, Public 

Law 83–277, 67 Stat. 586, 18 U.S.C. 

1161, as interpreted by the Supreme 

Court in Rice v. Rehner, 463 U.S. 713 

(1983), the Secretary of the Interior shall 

certify and publish in the Federal 

Register notice of adopted liquor 

ordinances for the purpose of regulating 

liquor transactions in Indian country. 

The Kickapoo Traditional Tribe of Texas 

adopted this amendment to the 

Kickapoo Traditional Tribe of Texas’ 

Beer and Liquor Tax Ordinance by 

Resolution No. 2011–892 on March 30, 

2011. 

This notice is published in 

accordance with the authority delegated 

by the Secretary of the Interior to the 

Assistant Secretary—Indian Affairs. I 

certify that the Kickapoo Traditional 

Tribal Council duly adopted this 

amendment to the Kickapoo Traditional 

Tribe of Texas’ Beer and Liquor Tax 


srobinson on DSK4SPTVN1PROD with NOTICES