59864 Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Notices

Biologists surveyed the project site for

the gnatcatcher and other biological

resources between 1998–2000. Based on

the survey results, the Service

concluded that implementation of the

proposed project would result in take of

three gnatcatcher pairs through the

permanent removal of 14 acres of

Riversidean sage scrub. Indirect effects

addressed in the Plan and

Environmental Assessment include: (1)

A reduced dispersal corridor of

Riversidean sage scrub in the northeast

section of the project site that connects

high gnatcatcher population densities to

the north with large areas of open space

to the south; (2) increased nest

predation from introduced domestic

cats; (3) brown-headed cowbird

(Molothrus ater) parasitism; (4)

increased off-road vehicle use of the

conserved areas, and (5) increased

numbers of predators associated with

backyard night-lighting and garbage

surrounding constructed homes.

The Applicant proposes to implement

the following measures to mitigate and

minimize take of the gnatcatcher: (1)

Purchase 24 acres of gnatcatcheroccupied Riversidean sage scrub from

an adjacent 80-acre conservation parcel

to the north that is contiguous with 29

acres previously conserved by the

Applicant; (2) enhance the reduced

gnatcatcher dispersal corridor in the

northeastern section of the project site

by removing non-native plants on the

back of Lot 187 to allow regeneration of

sage scrub and by leaving 2 acres on

either side of this lot undeveloped

through a conservation easement; (3)

place fencing on the rear portion of lots

adjacent to conserved areas in order to

minimize predation by domestic cats;

(4) implement a brown-headed cowbird

trapping program if monitoring

determines that trapping is necessary;

(5) place deed restrictions pertaining to

pets, lighting, and trash disposal on lots

adjacent to open space; (5) encourage

protection of the conserved areas by

distributing an educational brochure to

home buyers; and (6) implement an

adaptive management plan for the

conserved areas. The Applicant

proposes to endow the long-term

management of the 24 acres of

Riversidean sage scrub off-site

mitigation at a cost of $3,211 per acre.

The conserved area would be managed

by the Center for Natural Lands

Management as part of a 109-acre

managed open-space area.

The Environmental Assessment

considers the environmental

consequences of three alternatives

including the Proposed Action. The

Proposed Action consists of the

issuance of an incidental take permit

and implementation of the Plan and its

Implementing Agreement, which

include measures to minimize and

mitigate impacts of the project to the

gnatcatcher. Under the ‘‘No Action’’

alternative, the Service would not issue

a permit. Under this alternative, the

Applicant could retain the property or

sell it to somebody else who may choose

to develop it. In either case, in the shortterm the previously graded Riversidean

sage scrub habitat onsite would

continue to revegetate naturally with a

mixture of native and non-native plants.

This sage scrub habitat would continue

to be fragmented by intrusions of

existing paved streets and there would

be no mechanism for prohibiting offroad vehicle use and illegal dumping of

trash on the property. Under the

‘‘Project Redesign’’ alternative, 55 of the

99 lots would be developed and the

remaining 44 lots would be conserved.

These two alternatives to the Proposed

Action would result in less habitat value

for the gnatcatcher than the off-site

mitigation and minimization measures

under the Proposed Action.

This notice is provided pursuant to

section 10(a) of the Endangered Species

Act and the regulations of the National

Environmental Policy Act of 1969 (40

CFR 1506.6). All comments that we

receive, including names and addresses,

will become part of the official

administrative record and may be made

available to the public. We will evaluate

the application, associated documents,

and comments submitted thereon to

determine whether the application

meets the requirements of the National

Environmental Policy Act regulations

and section 10(a) of the Endangered

Species Act. If we determine that those

requirements are met, we will issue a

permit to the Applicant for the

incidental take of the California

gnatcatcher. We will make our final

permit decision no sooner than 60 days

from the date of this notice.

Dated: September 28, 2000.

Elizabeth H. Stevens,

Deputy Manager, California/Nevada

Operations Office, Sacramento, California.

[FR Doc. 00–25780 Filed 10–05–00; 8:45 am]

BILLING CODE 4310–55–M

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Rincon Alcohol Control Ordinance No.

99–01 of the Rincon, San Luisen ̃o

Band of Mission Indians, Valley Center,

CA

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Notice.

SUMMARY: This notice publishes the

Rincon Alcohol Control Ordinance No.

99–01. The Ordinance regulates the

control of, the possession of, and the

sale of liquor on the Rincon, San

Luisen ̃o Band of Mission Indians’ trust

lands, and is in conformity with the

laws of the State of California, where

applicable and necessary. Although the

Ordinance was adopted on June 13,

2000, it does not become effective until

published in the Federal Register

because the failure to comply with the

ordinance may result in criminal

charges.

DATES: This Ordinance is effective on

October 6, 2000.

FOR FURTHER INFORMATION CONTACT:

Kaye Armstrong, Office of Tribal

Services, 1849 C Street, NW, MS–4631–

MIB, Washington, DC 20240–4001;

telephone (202) 208–4400.

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 transaction in Indian country.

The Rincon Alcohol Control Ordinance

No. 99–01 was duly adopted by the

Rincon, San Luisen ̃o Band of Mission

Indians General Membership on June

13, 2000. The Rincon, San Luisen ̃o Band

of Mission Indians, in furtherance of its

economic and social goals, has taken

positive steps to regulate retail sales of

alcohol and use revenues to combat

alcohol abuse and its debilitating effects

among individuals and family members

within the Rincon, San Luisen ̃o Band of

Mission Indians.

This notice is being published in

accordance with the authority delegated

by the Secretary of the Interior to the

Assistant Secretary-Indian Affairs by

209 Departmental Manual 8.

I certify that by Resolution No. 2000–

04, the Rincon Alcohol Control

Ordinance No. 99–01 was duly adopted

by the Rincon, San Luisen ̃o Band of

Mission Indians General Membership

on June 13, 2000.

Dated: September 29, 2000.

Kevin Gover,

Assistant Secretary-Indian Affairs.

The Rincon Alcohol Control

Ordinance No. 99–01 reads as follows:

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