Federal Register / Vol. 63, No. 76 /Tuesday, April 21, 1998 / Notices 19741

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Iowa Tribe of Kansas and Nebraska

Liquor and Beer Ordinance

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. I certify that Resolution

numbered 97–R–08, Iowa Tribe of

Kansas and Nebraska Liquor and Beer

Ordinance, was duly adopted by the

Iowa Tribe of Kansas and Nebraska

Executive Committee May 28, 1997. The

Ordinance provides for the regulation of

the activities of the manufacture,

distribution, sale, and consumption of

liquor on reservation lands subject to

the jurisdiction of the Iowa Tribe of

Kansas and Nebraska; the provisions for

criminal jurisdiction are to be exercised

in accordance with applicable Federal

case law, statutes, and regulations.

DATES: This Ordinance is effective April

21, 1998.

FOR FURTHER INFORMATION CONTACT:

Bettie Rushing, Office of Tribal Services,

1849 C Street NW, MS 4603–MIB,

Washington, DC 20240–4001; telephone

(202) 208–4400.

SUPPLEMENTARY INFORMATION: The Iowa

Tribe of Kansas and Nebraska Executive

Committee resolution numbered 97–R–

08 which reads as follows:

Iowa Tribe of Kansas and Nebraska

Liquor and Beer Ordinance

Section 1. Title and Purpose

This Title shall be known as the Iowa

Tribe of Kansas and Nebraska Liquor

and Beer Ordinance (‘‘Ordinance’’). This

law is enacted to regulate the sale and

distribution of liquor and beer products

on all properties under the jurisdiction

of the Iowa Tribe of Kansas and

Nebraska, and to generate revenue to

fund needed tribal programs and

services.

Section 2. Authority

This Ordinance is enacted pursuant to

the Constitution and By-Laws of the

Iowa Tribe of Kansas and Nebraska (as

amended August 27, 1980) 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

phrases shall have the designated

meanings:

(a) Nation or Tribe shall mean the

Iowa Tribe of Kansas and Nebraska.

(b) Executive Committee shall mean

the Executive Committee of the Iowa

Tribe of Kansas and Nebraska as

constituted by Article IV, Sec. 2 of the

Constitution of the Iowa Tribe of Kansas

and Nebraska.

(c) Commission shall mean the Iowa

Tribe of Kansas and Nebraska Liquor

and Beer Control Commission

established pursuant to Section 201 of

this Ordinance.

(d) Iowa Tribe of Kansas and

Nebraska Indian Country shall mean

Indian Country as defined by 18 U.S.C.

1151 subject to the jurisdiction of the

Iowa Tribe of Kansas and Nebraska,

including but not limited to, any lands

and waters held in trust by the Federal

Government within the jurisdiction of

the Iowa Tribe of Kansas and Nebraska.

(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 Iowa Tribe

of Kansas and Nebraska 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 Iowa 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 Iowa 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 Tribe

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

Iowa Tribe of Kansas and Nebraska

Liquor and Beer Ordinance 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 Iowa

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 Iowa

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 Executive Committee shall be the

Liquor and Beer Control Commission.

The Commission is empowered to:

(a) Administer this Ordinance 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

Ordinance.

(b) Adopt and enforce rules and

regulations in furtherance of the

purpose of this Ordinance and in the

performance of its administrative

functions.
19742 Federal Register / Vol. 63, No. 76 /Tuesday, April 21, 1998 / Notices

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 Tribe, state,

any other tribe or state of the United

States or of the United States of

America, 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 nonintoxicating 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 Tribe 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.

(a) 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 Tribe, and the

license grants a privilege, but not a

property right, to sell liquor and/or beer

within the jurisdiction of the Tribe 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

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 an 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 Ordinance 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

Ordinance.

(b) Upon determining that any person

licensed by the Tribe 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

Ordinance, 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 Tribe 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 Iowa

Tribe of Kansas and Nebraska Court.

Any findings of fact of the Commission

are conclusive upon the Court unless

clearly unsupported by the evidence in

the record. 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 before the

Commission 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 Tribe

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 Iowa 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
Federal Register / Vol. 63, No. 76 /Tuesday, April 21, 1998 / Notices 19743

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

ordinance.

Section 302. Sales by Retail Operators

(a) Commission Regulations. The

Commission shall adopt regulations

which shall supplement this Ordinance

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 Iowa 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 Tribe 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

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. Sec. 1161.

However, the Tribe 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 Iowa

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 Iowa 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

Iowa Indian Country.

Chapter Four—Taxation and Audits

Section 401. Excise Tax Imposed Upon

Distribution of Liquor

(a) General Taxing Authority. The

Executive Committee 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 Tribe upon all liquor

and beer products sold within the

jurisdiction of the Tribe. The Executive

Committee 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.

Provided, however, the total amount of

the state local and tribal tax shall not

exceed one hundred twenty-five percent

(125%) of the applicable state and local

taxes which apply off-reservation in

Brown County, Kansas.

(b) Excise Tax. An excise tax, to be set

by the Executive Committee, 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 Ordinance shall be conclusively

presumed to be direct taxes on the retail

consumer precollected for the purposes

of convenience and facility only.

(c) Tribal Tax Stamp. Within 72 hours

after receipt of any liquor or beer by any

wholesaler or retailer subject to this

Ordinance, a tribal tax stamp shall be

securely affixed thereto denoting the

tribal tax thereon. Retailers or sellers of

liquor and/or beer within the Tribe’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) Inspection and Audit. 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 Tribe 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 Tribe or the

Commission authorized to pledge tribal

credit or financial responsibility for any

of the expenses of his or her business
19744 Federal Register / Vol. 63, No. 76 /Tuesday, April 21, 1998 / Notices

operation. The Operator shall hold the

Tribe 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 Iowa

Tribe of Kansas and Nebraska or its

agencies, nor their officers or

employees.

Chapter Six—Violations-Penalties

Section 601. Violations-Penalties

(a) Any person who violates this

ordinance 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

Tribe’s Court system will have

jurisdiction over the proceeding.

(1) Any person convicted of

committing any violation of this

Ordinance 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 Ordinance 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 Iowa Tribe, 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 Ordinance

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 Ordinance.

(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 Ordinance that have not

been registered, licensed, or taxes paid

shall be contraband and subject to

immediate confiscation by the

Commission or its employees or agents,

PROVIDED, that within fifteen (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 Iowa Tribe of

Kansas and Nebraska.

Chapter Seven—Miscellaneous

Provisions

Section 701. Severability

If any provision of this Ordinance in

its application to any person or

circumstance is held invalid, the

remainder of the Ordinance and its

application to other persons or

circumstances is not affected.

Section 702. Effective Date

This Ordinance shall become effective

upon publication of the Secretary of the

Interior’s certification notice in the

Federal Register.

Section 703. Repeal of Existing Liquor

Ordinance

On the Effective Date, Tribal

Resolution 95–R–30 shall be repealed

and of no further force or effect

whatsoever, having been replaced and

superseded by this ordinance.

Dated: April 6, 1998.

Kevin Gover,

Assistant Secretary—Indian Affairs.

[FR Doc. 98–10500 Filed 4–20–98; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CO–010–1060–00]

Helicopter and Motorized Vehicle Use

While Gathering Wild Horses and

Burros; Hearings/Meetings

AGENCY: Bureau of Land Management,

Department of the Interior.

ACTION: Notice of public hearings.

SUMMARY: Two public hearings on the

use of helicopters and motorized

vehicles have been scheduled in

Colorado in 1998. The May 21 meeting

will discuss helicopter use in the Spring

Creek Herd Management Area, San Juan

Resource Area. The June 22 hearing will

discuss helicopter use in the Sand Wash

Herd Management Area, Little Snake

Resource Area; the West Douglas and

North Piceance Herd Areas, White River

Resource Area; and the Bookcliffs Wild

Horse Range, Grand Junction Resource

Area. This gives notice of the times and

dates of these two hearings.

DATES: The hearings/meetings are

scheduled as follows:

1. May 21, 1998, 12 Noon, Norwood,

Colorado

2. June 22, 1998, 6:00 p.m., Meeker,

Colorado

ADDRESSES: The hearings/meetings will

be held at the following locations:

1. Norwood—Forest Service Office,

1760 East Grand, Norwood,

Colorado 81401

2. Meeker—White River Resource Area

Office, 73544 Highway 64, Meeker,

Colorado 81641

FOR FURTHER INFORMATION CONTACT:

Valerie Dobrich, White River Resource

Area, 73544 Highway 64, Meeker,

Colorado 81641; Telephone (970) 878–

3601.

SUPPLEMENTARY INFORMATION: The

agenda will be limited to:

1. Introduction and Opening Remarks

2. Review of the Wild Horse Gathering

Plans for 1998

3. Use of Helicopters in the Gather of

Wild Horses

4. Public Comment Period

Robert W. Schneider,

Associate District Manager.

[FR Doc. 98–10547 Filed 4–20–98; 8:45 am]

BILLING CODE 4310–JB–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR–958–0777–63; GP7–0022; ORE–03587]

Public Land Order No. 7325;

Modification and Partial Revocation of

Public Land Order No. 1144; OR

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public land order.

SUMMARY: This order establishes a 20-

year term as to 949.43 acres of National

Forest System lands withdrawn by a

public land order for the Forest

Service’s Miller Lake Recreation Area.

These lands have been and will remain

closed to mining, but will be opened to

surface entry, and will remain open to

mineral leasing. This order also revokes