Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Notices 59865

Rincon Alcohol Control Ordinance No.

99–01

Section 200.01. Title

This ordinance shall be known as the

Rincon Ordinance Regulating and

Controlling the Manufacture,

Introduction, Sale or Possession of

Alcoholic Beverages within the

boundaries of the Rincon Indian

Reservation. The short title of this

Ordinance shall be ‘‘Rincon Alcohol

Control Ordinance.’’

Section 200.02. Authority

This Ordinance is enacted pursuant to

federal law, specifically the Act of

August 15, 1953, Public Law 83–277, 67

Stat. 588, 18 U.S.C. 1161, and the

Articles of Association, Governing

Procedures for Administering the

Affairs of The Rincon, San Luisen ̃o

Band of Mission Indians, California.

Section 200.03. Purpose

The purpose of this Ordinance is to

regulate and control the possession and

sale of alcohol within the exterior

boundaries of the Rincon Indian

Reservation, and to permit alcohol sales

by tribally owned, controlled or

operated enterprises, and at tribally

approved special events, for the purpose

of the economic development of the

Rincon Band. The enactment of a tribal

ordinance governing alcohol possession

and sales within the exterior boundaries

of the Rincon Indian Reservation

increases the ability of the Rincon Tribal

Government to control reservation

alcohol distribution and possession, and

will provide an important source of

revenue for the continued operation and

strengthening of the tribal government

and the economic viability of tribal

government services. This Rincon

Alcohol Control Ordinance is in

conformity with the laws of the State of

California as required by 18 U.S.C. 1161,

and with all applicable federal laws.

Section 200.04. Manufacture of Alcohol

The manufacture of alcoholic

beverages by business enterprises

owned by or subject to the control of the

Rincon Band shall be lawful within the

exterior boundaries of the Rincon Indian

Reservation; provided that such

manufacture is in conformity with the

laws of the State of California as

required by federal law.

Section 200.05. Possession of Alcohol

The introduction or possession of

alcoholic beverages shall be lawful

within the exterior boundaries of the

Rincon Indian Reservation; provided

that such introduction or possession is

in conformity with the laws of the State

of California as required by federal law.

Section 200.06. Sales of Alcohol

(a) The sale of alcoholic beverages by

business enterprises owned or operated

by, or subject to the control of, the

Rincon Band shall be lawful within the

exterior boundaries of the Rincon Indian

Reservation; provided that such sale is

in conformity with the laws of the State

of California as required by federal law.

(b) The sale of alcoholic beverages by

the drink at special events authorized by

the Rincon Band shall be lawful within

the exterior boundaries of the Rincon

Indian Reservation; provided that such

sales are in conformity with the laws of

the State of California as required by

federal law and with prior approval by

Resolution of the Tribal Council of the

Rincon Band.

Section 200.07. Age Limits

(a) The drinking age within the

exterior boundaries of the Rincon Indian

Reservation shall be the same as that of

the State of California as required by

federal law. No person under such age

shall purchase, possess or consume any

alcoholic beverage within the exterior

boundaries of the Rincon Indian

Reservation.

(b) The State of California sets the

drinking age within California under

California Business and Professions

Code § 25658. California’s drinking age

is 21 at the time of the enactment of this

Ordinance.

(c) At such time, if any, as California

Business and Professions Code § 25658

is repealed or amended to raise or lower

the drinking age within California,

subsection (b) above shall automatically

become null and void, and the Tribal

Council shall be empowered to enact a

new subsection to reference the

appropriate provision of the state law,

such amendment to become effective

upon publication in the Federal

Register by the Secretary of the Interior.

Section 200.08. Civil Penalties

The Rincon Band, through its Tribal

Council and duly authorized security

personnel, shall have the authority to

enforce this Ordinance by confiscating

any alcohol manufactured, introduced,

sold or possessed in violation hereof.

The Tribal Council shall be empowered

to sell such confiscated alcohol for the

benefit of the Rincon Band, and to

develop and approve such regulations

as may become necessary for

enforcement of this Ordinance.

Section 200.09. Severability

If any provision of this Ordinance is

determined by review to be invalid,

such adjudication shall not be held to

render ineffectual the remaining

portions of this Ordinance or to render

such provisions inapplicable to other

persons or circumstances.

Section 200.10. Prior Enactments

Any and all prior enactments of the

Rincon Band which are inconsistent

with the provisions of this Ordinance

are hereby rescinded.

Section 200.11. Conformance With

California Laws

All acts and transactions under this

Ordinance shall be in conformity with

the laws of the State of California as the

term is used in 18 U.S.C. 1161.

Section 200.12. Effective Date

This Ordinance shall be effective on

October 6, 2000.

Section 200.13. Amendment

This Ordinance may be amended only

by a majority vote of the Rincon General

Council.

Section 200.14. 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 from unconsented

suit or action.

[FR Doc. 00–25799 Filed 10–5–00; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR–084–6333–00; GPO–0006]

Notice of Seasonal Closure of Public

Lands; Baker County, OR

AGENCY: Bureau of Land Management,

Vale District, Baker Field Office,

Oregon.

ACTION: A seasonal closure to motorized

vehicle use and public entry on public

lands administered by the Bureau of

Land Management (BLM), Vale District,

Baker Resource Area, Oregon.

SUMMARY: This closure is part of the

Cooperative Management Agreement

between the BLM and the Oregon

Department of Fish and Wildlife, dated

September 18, 1985. This closure meets

specific objectives stated in the

Agreement to control vehicular traffic

on the land during the period each year

between December 1st and May 1st.

The closed area is the Elk winter

feeding stations on Elk and Salmon

Creek, section 8, Township 9 South,

Range 39 East of the Willamette

Meridian. All entry will be restricted

59866 Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Notices

during this seasonal closure to protect

sensitive wildlife from disturbance by

motor vehicles and public traffic.

Wintering bald eagles also occupy the

area during the closure dates.

Closure signs will be posed at main

entry points to this area. Maps of the

closure area and information may be

obtained from the Baker Field Office,

3165 10th Street, Baker City, Oregon.

DATES: This closure will take effect

October 6, 2000.

FOR FURTHER INFORMATION CONTACT:

Penelope Dunn Woods, Bureau of Land

Management, Baker Field Manager,

3165 10th Street, Baker City, OR 97814,

Telephone (541) 523–1256.

Discussion of the Rules

Under 43 CFR 8364.1, the Bureau of

Land Management will enforce the

following rule on public lands within

the closed area. You must follow this

rule: You must not enter the closed area

between December 1st and May 1st.

Exemptions

Persons who are exempt from these

rules include:

1. Any Federal, State, or local officer

or employee in the scope of their duties,

members of any organized rescue or firefighting force in performance of an

official duty, and any person authorized

in writing by the Bureau of Land

Management.

2. Any person traveling on the

Salmon Creek Road (road numbers 9180

and 9180010) west of the locked gate

located in the southeast 1⁄4 of section 8,

Township 9 South, Range 39 East.

3. Owners or lessees of private land

accessible by the Salmon Creek Road.

Penalties

The authority for this closure is found

under section 303(a) of the Federal Land

Policy and Management Act of 1976 (43

U.S.C. 1733(a)) and 43 CFR 8360.0–7.

Any person who violates this closure

may be tried before a United States

Magistrate and fined no more than

$1,000 or imprisoned for no more than

12 months, or both. Such violations may

also be subject to the enhanced fines

provided for by 18 U.S.C. 3571.

Penelope Dunn Woods,

Field Manager, Baker Resource Area.

[FR Doc. 00–25713 Filed 10–5–00; 8:45 am]

BILLING CODE 4310–33–M

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[UT–030–00–1220–EN]

Notice of Availability of Draft

Environmental Impact Statement for

3R Minerals Coal Bed Canyon Mine

AGENCY: Bureau of Land Management,

Utah State Office, DOI.

ACTION: Notice of Availability of Draft

Environmental Impact Statement.

SUMMARY: In accordance with section

102 of the National Environmental

Policy Act of 1969, a draft

environmental impact statement (DEIS)

for 3R Minerals Coal Bed Canyon Mine

proposal on lands within Grand

Staircase-Escalante National Monument,

has been prepared and is available for

review and comment. This DEIS is

prepared in response to the Notice of

Intent to Revise Mining Operations filed

by 3R Minerals in June 1999. It analyzes

the anticipated impacts of 3R Minerals’

proposed action and three alternatives

to the proposal.

ADDRESSES: Copies of the DEIS may be

obtained from the following Bureau of

Land Management Locations: Grand

Staircase-Escalante National Monument

Headquarters, 180 West 300 North,

Kanab, Utah 84741; Grand StaircaseEscalante National Monument Escalante

Field Station, 755 West Main, Escalante,

Utah; Utah State Office, 324 South State

Street, Suite 301, Salt Lake City, Utah.

Copies may be obtained by mail by

contacting the Monument Headquarters

at the above address or telephoning

435–644–4300.

DATES: Comments must be received by

Grand Staircase-Escalante National

Monument Headquarters, 180 West 300

North, Kanab, Utah 84741 by December

4, 2000. An open house will be held at

the Conference Center at Ruby’s Inn,

located on Highway 63 near the

entrance to Bryce Canyon National Park,

on November 6, 2000 from 5:00 pm to

8:00 pm. The purpose of the open house

is to clarify information in the DEIS. IT

IS NOT INTENDED TO BE A PUBLIC

HEARING.

FOR FURTHER INFORMATION CONTACT: Paul

Chapman, Grand Staircase-Escalante

National Monument Headquarters, 435–

644–4309, or Kate Cannon, Monument

Manager, Grand Staircase-Escalante

National Monument Headquarters, 435–

644–4330.

SUPPLEMENTARY INFORMATION: The DEIS

analyzes four alternatives summarized

as follows: Alternative A is the

Proposed Action as submitted by 3R

Minerals; Alternative B is the BLM

Preferred Alternative which is to

approve 3R Minerals proposed action

with certain conditions of approval;

Alternative C is the No Action

Alternative which would be denial of

3R Minerals’ Notice of Intent to Revise

Mining Operations in which case 3R

Minerals would continue to mine in

accordance with the approvals from the

State of Utah; and Alternative D, the No

Mining alternative where 3R Minerals

could not mine. Since mining under the

approvals granted by the State of Utah

is a valid existing right, the BLM has no

statutory authority to select Alternative

D but the alternative is presented as

baseline with which to compare the

other alternatives. Mining activity is

based on a mineral lease issued by the

Utah State Institutional Trust Lands

Administration when the site was still

State land. Although the lease was

issued after the Monument was

established, it occurred on State lands

which were not affected by the

Presidential Proclamation. 3R Minerals

was granted approval to mine by

appropriate State agencies and has been

conducting limited mining activity on

the site. Ownership of the land was

exchanged to the Federal Government

via the Utah Schools and Lands

Exchange Act of 1998. Language in that

act preserved 3R Minerals’ existing right

to mine as approved by the State.

Therefore, the decision to be made in

this EIS is not whether mining should

be allowed, but rather whether the

Notice of Intent to Revise Mining

Operations should be approved,

approved with certain conditions, or

denied.

Sally Wisely,

State Director.

[FR Doc. 00–25109 Filed 10–5–00; 8:45 am]

BILLING CODE 4310–DQ–U

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[ES–960–1910–BJ–4489] ES–50828, Group

30, Illinois

Notice of Filing of Plat of Survey;

Illinois

The plat of the survey of the Lock and

Dam No. 26 and the Locks and Dam No.

26 Replacement acquisition boundaries,

in Township 5 North, Ranges 9 and 10

West of the 3rd Principal Meridian,

Illinois, will be officially filed in Eastern

States, Springfield, Virginia at 7:30 a.m.,

on November 9, 2000.

The survey was requested by the U.S.

Army Corps of Engineers.