Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 10553 

only in the following areas: hotel 

meeting rooms and in hotel rooms 

by guest use of room service, etc.). 

4. Wildhorse RV Park. In the 

Wildhorse RV Park, liquor may be 

sold or served only in the following 

areas: in common areas at special 

events and in individual RVs. 

5. Coyote Business Park. In the Coyote 

Business Park, liquor may be sold 

or served by any Coyote Business 

Park lessee if liquor sales and 

service is permitted in the lease 

between the lessee and the 

Confederated Tribes. 

SECTION 1.07. PROHIBITIONS 

A. General Prohibitions. The 

commercial introduction of liquor 

for sales and service, other than as 

permitted by this Code, is 

prohibited within the Umatilla 

Indian Reservation, and is hereby 

declared an offense under Tribal 

law. Federal liquor laws applicable 

to Indian Country shall remain 

applicable to any person, act, or 

transaction which is not authorized 

by this Code and violators of this 

Code shall be subject to federal 

prosecution as well as to legal 

action in accordance with the law 

of the Confederated Tribes. 

B. Age Restrictions. No person shall be 

authorized to serve liquor unless 

they are at least 21 years of age. No 

person may be served liquor unless 

they are 21 years of age. 

C. Off Premises Consumption of Liquor. 

1. All liquor sales and service 

authorized by this Code at the 

Wildhorse Resort & Casino shall be 

fully consumed within the areas of 

the Wildhorse Resort & Casino as 

set forth in section 1.06 of this 

Code. At the Wildhorse Resort & 

Casino, no open containers of 

liquor, or unopened containers of 

liquor in bottles, cans, or otherwise 

may be permitted outside of the 

above-described premises. 

2. Liquor sales and service at Coyote 

Business Park shall be conducted in 

strict compliance with the lease 

between the Coyote Business Park 

lessee and the Confederated Tribes. 

D. No Credit Liquor Sales. The sales and 

service of liquor authorized by this 

Code shall be upon a cash basis 

only. For purposes of this Code, 

payment for liquor on a cash basis 

shall include payment by cash, 

credit card, or check. 

SECTION 1.08. CONFORMITY WITH 

STATE LAW 

A. Authorized liquor sales and service 

on the Umatilla Indian Reservation 

shall comply with Oregon State 

liquor law standards to the extent 

required by 18 U.S.C. § 1161. 

B. Wildhorse Resort & Casino. The 

Wildhorse Chief Executive Officer 

shall be responsible for ensuring 

that all OLCC license requirements 

are satisfied, that the license(s) is 

renewed on an annual basis, and 

that all reasonable and necessary 

actions are taken to sell and serve 

liquor to Wildhorse patrons in a 

manner consistent with this Code, 

applicable State law, and the TribalState Compact. The Wildhorse 

Chief Executive Officer shall also be 

authorized to purchase liquor from 

the State or other source for sale 

and service within the Wildhorse 

Resort & Casino. The Wildhorse 

Chief Executive Officer is further 

authorized to treat as a casino 

expense any license fees associated 

with the OLCC liquor license. 

C. Coyote Business Park. The Coyote 

Business Park lessee authorized to 

sell or serve liquor as provided in 

section 1.06(A)(5) of this Code, 

shall be responsible for insuring 

that all OLCC license requirements 

are satisfied, that the license(s) is 

renewed on an annual basis, and 

that all reasonable and necessary 

actions are taken to sell and serve 

liquor in a manner consistent with 

this Code and applicable Tribal and 

State law. 

SECTION 1.09. PENALTY 

Any person or entity possessing, 

selling, serving, bartering, or 

manufacturing liquor products in 

violation of any part of this Code shall 

be subject to a civil fine of not more 

than $500 for each violation involving 

possession, but up to $5,000 for each 

violation involving selling, bartering, or 

manufacturing liquor products in 

violation of this Code, and violators may 

be subject to exclusion from the 

Umatilla Indian Reservation. In 

addition, persons or entities subject to 

the criminal jurisdiction of the 

Confederated Tribes who violate this 

Code shall be subject to criminal 

punishment as provided in the Criminal 

Code. All contraband liquor shall be 

confiscated by the Umatilla Tribal 

Police Department (UTPD). The 

Umatilla Tribal Court shall have 

exclusive jurisdiction to enforce this 

Code and the civil fines, criminal 

punishment and exclusion authorized 

by this section. 

SECTION 1.10. SOVEREIGN 

IMMUNITY PRESERVED 

Nothing in this Code is intended or 

shall be construed as a waiver of the 

sovereign immunity of the Confederated 

Tribes. No manager or employee of the 

Confederated Tribes or the Wildhorse 

Resort & Casino shall be authorized, nor 

shall they attempt, to waive the 

sovereign immunity of the Confederated 

Tribes pursuant to this Code. 

SECTION 1.11. SEVERABILITY 

If any provision or provisions in this 

Code are held invalid by a court of 

competent jurisdiction, this Code shall 

continue in effect as if the invalid 

provision(s) were not a part hereof. 

SECTION 1.12. EFFECTIVE DATE 

This Code shall be effective following 

approval by the Board of Trustees and 

approval by the Secretary of the Interior 

or his/her designee and publication in 

the Federal Register as provided by 

federal law. 

[FR Doc. 2012–4131 Filed 2–21–12; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Match-E-Be-Nash-She-Wish Band of 

Pottawatomi Indians (Gun Lake)— 

Amendment to Liquor Beverage 

Control Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice 

SUMMARY: This notice publishes the 

amendments to the Match-E-Be-NashShe-Wish Band of Pottawatomi Indians’ 

Liquor Control Ordinance. The 

Ordinance regulates and controls the 

possession, sale and consumption of 

liquor within the Match-E-Be-Nash-SheWish Band of Pottawatomi tribal lands. 

The lands are located in Indian Country 

and this Ordinance allows for the 

possession and sale of alcoholic 

beverages within their boundaries. 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 30 days after February 22, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

David Christensen, Tribal Operations 

Officer, Midwest Regional Office, 

Bureau of Indian Affairs, Norman Pointe 

II, 5600 American Boulevard West, 

Suite 500, Bloomington, Minnesota 

55437, Phone: (612) 735–4554; Fax: 

(612) 713–4401: or De Springer, Office 


srobinson on DSK4SPTVN1PROD with NOTICES
10554 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 

of Indian Services, Bureau of Indian 

Affairs, 1849 C Street NW., MS–4513– 

MIB, Washington, DC 20240; Telephone 

(202) 513–7626. 

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 Match-E-Be-Nash-She-Wish Band of 

Pottawatomi Indians Tribal Council 

adopted this amendment to the MatchE-Be-Nash-She-Wish Band of 

Pottawatomi Indian Liquor Control 

Ordinance by Resolution 11–639, on 

January 6, 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 this amendment to the MatchE-Be-Nash-She-Wish Band of 

Pottawatomi Indians’ Liquor Control 

Ordinance on January 6, 2011. 

Dated: February 9, 2012. 

Larry Echo Hawk, 

Assistant Secretary—Indian Affairs. 

The amendments to Chapter 3, 

Subsection 5(h) and Chapter 4, Section 

1 of the Match-E-Be-Nash-She-Wish 

Band of Pottawatomi Indians’ Liquor 

Control Ordinance read as follows: 

Match-E-Be-Nash-She-Wish Band of 

Pottawatomi Indians Liquor Control 

Ordinance 

Chapter 3—Tribal Liquor License 

Section 5. Any Tribal Liquor License 

shall be subject to such conditions as 

the Tribal Council shall impose, 

including, but not limited to the 

following: 

(h) Alcoholic Beverages may only be 

provided on a complimentary basis, 

given away, or furnished without charge 

in any facility licensed under this 

Ordinance if such action is consistent 

with the provisions of the Tribe-State 

Compact, the Tribal Liquor License, or 

other laws or regulations of the Tribe. 

Chapter 4—Incorporation of Michigan 

Laws by Reference 

Section 1. In accordance with 18 

U.S.C. 1161, the Tribe hereby adopts 

and applies as tribal law those Michigan 

laws, as now or hereafter amended, 

relating to the sale and regulation of 

Alcoholic Beverages encompassing the 

following areas: sale to a Minor; sale to 

a visibly intoxicated individual; sale of 

adulterated or misbranded liquor; and 

hours of operation. 

The following laws from the Michigan 

Liquor Control Code of 1998 are hereby 

adopted and applied as Tribal law: 

436.1233 Uniform prices for sale of 

alcoholic liquor; gross profit; discount 

for certain sales of alcoholic liquor. 

436.1701 Selling or furnishing 

alcoholic liquor to person less than 21 

years of age; failure to make diligent 

inquiry; misdemeanor; signs; 

consumption of alcoholic liquor as 

cause of death or injury; felony; 

enforcement against licensee; defense in 

action for violation; report; definitions. 

436.1703 Purchase, consumption, or 

possession of alcoholic liquor by minor; 

attempt; violation; fines; sanctions; 

furnishing fraudulent identification to 

minor; screening and assessment; 

chemical breath analysis; construction 

of section; exceptions; ‘‘any bodily 

alcohol content’’ defined. 

436.1707 Selling, serving, or 

furnishing alcohol; prohibitions. 

436.1801 Granting or renewing 

license; selling, furnishing or giving 

alcoholic liquor to minor or person 

visibly intoxicated; right of action for 

damage or personal injury; actual 

damages; institution of action; notice; 

survival of action; separate actions by 

parents; commencement of action 

against retail licensee; indemnification; 

defenses available to licensee; rebuttable 

presumption; prohibited causes of 

action; section as exclusive remedy for 

money damages against licensee; civil 

action subject to revised judicature act. 

436.1815 Adherence to responsible 

business practices as defense; 

compensation of employee on 

commission basis. 

436.1901 Compliance required, 

prohibited acts. 

436.1905 Selling or furnishing 

alcoholic liquor to minor; enforcement 

actions prohibited; conditions; 

exception. 

436.2005 Adulterated, misbranded, 

or refilled liquor. 

The laws referenced in this section 

shall apply in the same manner and to 

the same extent as such laws apply 

elsewhere in Michigan, unless 

otherwise agreed by the Tribe and State. 

[FR Doc. 2012–4053 Filed 2–21–12; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLWO35000.L14300000.FR0000] 

Renewal of Approved Information 

Collection 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: 60–Day notice and request for 

comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, the 

Bureau of Land Management (BLM) 

invites public comments on, and plans 

to request approval to continue, the 

collection of information from 

applicants for a desert land entry for 

agricultural purposes. The Office of 

Management and Budget (OMB) has 

assigned control number 1004–0004 to 

this information collection. 

DATES: Submit comments on the 

proposed renewal by April 23, 2012. 

ADDRESSES: Comments may be 

submitted by mail, fax, or electronic 

mail. Mail: U.S. Department of the 

Interior, Bureau of Land Management, 

1849 C Street NW., Room 2134LM, 

Attention: Jean Sonneman, Washington, 

DC 20240. 

Fax: to Jean Sonneman at 202–245– 

0050. 

Electronic mail: 

Jean_Sonneman@blm.gov. 

Please indicate ‘‘Attn: 1004–0004’’ 

regardless of the form of your 

comments. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Holdren at 202–912–7335. Persons who 

use a telecommunication device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339, to leave a message for 

Mr. Holdren. 

SUPPLEMENTARY INFORMATION: OMB 

regulations at 5 CFR 1320, which 

implement provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501–3521, 

require that interested members of the 

public and affected agencies be given an 

opportunity to comment on information 

collection and recordkeeping activities 

(see 5 CFR 1320.8(d) and 1320.12(a)). 

This notice identifies an information 

collection that the BLM will be 

submitting to OMB for approval. The 

Paperwork Reduction Act provides that 

an agency may not conduct or sponsor 

a collection of information unless it 

displays a currently valid OMB control 

number. Until OMB approves a 

collection of information, you are not 

obligated to respond. 

The BLM will request a 3-year term of 

approval for this information collection 


srobinson on DSK4SPTVN1PROD with NOTICES