25518 Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Notices

decision shall be filed with the Clerk of

the Salt River Pima-Maricopa Indian

Community Court and distributed

within two (2) days after such filing to

the applicant, any other person who

files a notice of appearance with the

Alcohol Beverage Hearing Officer before

the hearing is adjourned, and the

Secretary of the Salt River PimaMaricopa Indian Community.

(3) A decision of the Alcohol Beverage

Hearing Officer under Section 5(f)(1)

and (2) and 5(g) may be appealed to the

Salt River Pima-Maricopa Indian

Community Court by the applicant, the

Community, or any Community member

who has filed a notice of appearance.

(4) Appeals shall be taken from any

decision of the Alcohol Beverage

Hearing Officer in the following

manner:

(i) Notice of appeal. Written notice of

appeal shall be given within ten (10)

days after the day the written and

executed decision is filed with the Clerk

of the Salt River Pima-Maricopa Indian

Community Court. The notice of appeal

shall state all the grounds for appeal

relied on by the appellant. The notice of

appeal shall not be amended once it is

filed. The appellee may file a short

written response to the grounds for

appeal within ten (10) days after the

notice of appeal is filed. The notice of

appeal and response shall be mailed to

the opposing party on the day it is filed.

If the appellant is the applicant for the

license, the appellee shall in all cases be

the Alcohol Beverage Hearing Officer. If

the appellant is a person who filed a

notice of appearance or the Community,

the appellee shall in all cases be the

applicant. In the event there is more

than one Notice of Appeal filed, the

appeals shall be consolidated by the

Clerk and only one response shall be

filed to the consolidated appeals.

(ii) Costs. There shall be posted with

the Clerk of the Salt River PimaMaricopa Indian Community Court a

cash fee of $25.00 to cover court costs.

(iii) Grounds for appeal. The court

shall determine the appeal upon the

findings of fact and decision entered in

the case by the Alcohol Beverage

Hearing Officer.

(iv) Findings of fact. The findings of

fact shall be presumed to be without

reversible error. The presumption may

be overcome by a sworn written

statement presented to the court at the

time of the filing of the notice of appeal

which establishes on the basis of the

statement, any one or more of the

following grounds:

(A) That a witness ready and willing

to testify at the time of the hearing on

behalf of the appellant was not allowed

by the Alcohol Beverage Hearing Officer

to take the witness stand and testify,

and such testimony would have

materially altered the decision of the

Alcohol Beverage Hearing Officer.

(B) That the Alcohol Beverage Hearing

Officer refused to admit documentary or

other physical evidence, and such

evidence would have materially altered

the decision of the Alcohol Beverage

Hearing Officer.

(C) That after the hearing the

appellant discovered material evidence

which, with reasonable diligence, could

not have been discovered and produced

at the hearing, and such evidence would

have materially altered the decision of

the Alcohol Beverage Hearing Officer. In

the event the court finds the

presumption is overcome pursuant to

this subsection, the court shall remand

the case back to the Alcohol Beverage

Hearing Officer for the limited purpose

of hearing only the excluded or new

evidence and any evidence presented in

rebuttal to such evidence. The hearing

will be held within ten (10) days after

the order of the court has been filed and

served upon the appellants and

appellee. At the conclusion of such

remand hearing, the Alcohol Beverage

Hearing Officer shall, within ten (l0)

days of the hearing, make and enter

such amended findings of fact and

decision as the Alcohol Beverage

Hearing Officer determines that the

evidence adduced at the remand hearing

requires. If the Alcohol Beverage

Hearing Officer determines that the

prior findings of fact requires no

amendment, the Alcohol Beverage

Hearing Officer will issue a decision

reaffirming its prior findings of fact and

decision. The findings of fact and

decision will be transmitted to the court

and such findings of fact and decision

will not be subject to a separate appeal.

(v) Decision. The court shall

determine whether the decision is

supported by the findings of fact and the

law. Any party to the case may request

an opportunity to appear before the

court prior to its decision to give the

court such party’s view of the case. The

other party or parties shall be given

adequate notice of the hearing and an

opportunity to present such party’s or

parties’ view of the case. Such views

shall be presented orally by the parties

or their advocates and shall only deal

with the grounds relied on by the

appellant as set out in the notice of

appeal. The hearing shall be limited to

one hour and the time will be equally

divided between the appellant and the

appellee. If the court finds that the

decision is incorrect, it shall issue a new

decision correctly stating the decision.

Such decision shall be final and not

subject to rehearing, review or appeal.

(5) Records of application, permit and

proceedings. A complete record of all

applications, actions taken thereon, and

any licenses issued shall be maintained

by the Community and shall be open for

public inspection at the Office of

Alcohol Beverage Control.

(g) Licenses shall be issued for a

period of one year and are renewable on

application to the Office of Alcohol

Beverage Control which will renew on

payment of renewal application fee and

annual license fee.

(h) Licenses issued under this

ordinance are non-transferable without

the prior approval of the Alcohol

Beverage Hearing Officer after the

application process has been completed.

(i) The Office of Alcohol Beverage

Control, the Department of Public Safety

or the Community Manager may cite a

licensee to appear before the Alcohol

Beverage Hearing Officer for a

revocation hearing upon allegations of

violations under Section 2 hereof.

(j) Any license issued pursuant to this

ordinance may be revoked or suspended

after a hearing before the Alcohol

Beverage Hearing Officer upon a finding

that the licensee is operating the

premises in violation of this ordinance

or the regulations adopted pursuant to

it, or the laws of the Community or that

the license would not have been

originally issued had the facts in

evidence at the time of any revocation

hearing been known at the time of the

application for a license.

6. Scope of Ordinance

Except for Article I and III of Chapter

l4 of the Code of Ordinances of the Salt

River Pima-Maricopa Indian

Community, this Ordinance constitutes

the entire law of the Community in

regard to the sale and/or distribution of

alcoholic beverages within the

Community.

7. Repeal of Ordinance

Article II of Chapter l4 of the Code of

Ordinances of the Community is

repealed.

Dated: April 28, 1998.

Kevin Gover,

Assistant Secretary—Indian Affairs.

[FR Doc. 98–12278 Filed 5–7–98; 8:45 am]

BILLING CODE 4310–02–j

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Indian Gaming

AGENCY: Bureau of Indian Affairs,

Interior.
Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Notices 25519

ACTION: Notice of approved amendment

to Tribal-State Compact.

SUMMARY: Pursuant to Section 11 of the

Indian Gaming Regulatory Act of 1988,

Pub. L. 100–497, 25 U.S.C. 2710, the

Secretary of the Interior shall publish, in

the Federal Register, notice of approved

Tribal-State Compacts for the purpose of

engaging in Class III (casino) gambling

on Indian reservations. The Assistant

Secretary—Indian Affairs, Department

of the Interior, through his delegated

authority, has approved the Fifth

Renewal of Agreement between the

Northern Cheyenne Tribe and the State

of Montana regarding Class III gaming

on the Northern Cheyenne Reservation

which was executed on February 17,

1998.

DATES: This action is effective May 8,

1998.

FOR FURTHER INFORMATION CONTACT:

Nancy J. Pierskalla, Acting Director,

Indian Gaming Management Staff,

Bureau of Indian Affairs, Washington,

D.C. 20240, (202) 219–4068.

Dated: April 30, 1998.

Kevin Gover,

Assistant Secretary—Indian Affairs.

[FR Doc. 98–12261 Filed 5–7–98; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Indian Gaming

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Notice of approved amendment

to Tribal-State Compact.

SUMMARY: Pursuant to Section 11 of the

Indian Gaming Regulatory Act of 1988,

Pub. L. 100–497, 25 U.S.C. 2710, the

Secretary of the Interior shall publish, in

the Federal Register, notice of approved

Compacts for the purpose of engaging in

Class III (casino) gambling on Indian

reservations. The Assistant Secretary—

Indian Affairs, Department of the

Interior, through his delegated

authority, has approved Amendment II

to the Amended Gaming Compact

Between the Sisseton-Wahpeton Sioux

Tribe and the State of South Dakota,

which was executed on January 13,

1998.

DATES: This action is effective May 8,

1998.

FOR FURTHER INFORMATION CONTACT:

Nancy J. Pierskalla, Acting Director,

Indian Gaming Management Staff,

Bureau of Indian Affairs,Washington,

D.C. 20240, (202) 219–4068.

Dated: April 30, 1998.

Kevin Gover,

Assistant Secretary—Indian Affairs.

[FR Doc. 98–12260 Filed 5–7–98; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AK–962–1410–00–P; F–19155–4]

Notice for Publication; Alaska Native

Claims Selection

In accordance with Departmental

regulation 43 CFR 2650.7(d), notice is

hereby given that a decision to issue

conveyance under the provisions of

Section 14(e) of the Alaska Native

Claims Settlement Act of December 18,

1971, 43 U.S.C. 1601, 1613(e), will be

issued to Doyon, Limited for

approximately 120 acres. The lands

involved are in the vicinity of Birch

Creek, Alaska, within T. 19 N., R. 7 E.

and T. 17 N., R. 11 E., Fairbanks

Meridian, Alaska.

A notice of the decision will be

published once a week, for four (4)

consecutive weeks, in the Fairbanks

Daily News-Miner. Copies of the

decision may be obtained by contacting

the Alaska State Office of the Bureau of

Land Management, 222 West Seventh

Avenue, #13, Anchorage, Alaska 99513–

7599 ((907) 271–5960).

Any party claiming a property interest

which is adversely affected by the

decision, an agency of the Federal

government or regional corporation,

shall have until June 8, 1998, to file an

appeal. However, parties receiving

service by certified mail shall have 30

days from the date of receipt to file an

appeal. Appeals must be filed in the

Bureau of Land Management at the

address identified above, where the

requirements for filing an appeal may be

obtained. Parties who do not file an

appeal in accordance with the

requirements of 43 CFR Part 4, Subpart

E, shall be deemed to have waived their

rights.

Elizabeth Sherwood,

Land Law Examiner, ANCSA Team, Branch

of 962 Adjudication.

[FR Doc. 98–12237 Filed 5–7–98; 8:45 am]

BILLING CODE 4310–JA–U

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR–050–1150–00:G8–0170]

Prineville District; Cave Closure;

Oregon

May 1, 1998.

AGENCY: Bureau of Land Management,

Interior.

ACTION: Notice is hereby given that Stout

Cave, Deschutes County, Oregon, is

closed yearlong to all visitor use for a

three-year period ending on May 1,

2001.

Effective immediately, Stout Cave, in

Deschutes County, Oregon, is closed to

all visitor use (caving, sport climbing,

etc.) for a three-year period ending on

May 1, 2001. The term ‘‘cave’’ applies

to any naturally occurring void, cavity,

recess, or system of interconnected

passages which occurs beneath the

surface of the earth and to any natural

pit, sinkhole, or other feature which is

an extension of the entrance. The term

‘‘sinkhole’’ applies to the area below the

rim and extending to the cave’s

entrance. The purpose of this closure is

to protect roosting western big-eared

bats from human disturbance. This

Special Status species is extremely

sensitive to human disturbance. Also,

this closure is necessary in order to

determine the specific type and location

of bat use in the absence of human

disturbance. Current levels of human

disturbance prevent further evaluation

of bat use. Without this information,

impacts to biota from current and

proposed human uses at the cave cannot

be analyzed. BLM cave management

policy directs that protective measures,

including cave closures, be

implemented where known or potential

adverse impacts to sensitive animals is

present. Closure needs will be reevaluated at the end of the three-year

closure period. Exemptions to this

closure will apply to administrative

personnel for monitoring purposes;

other exemptions to this restriction may

be made on a case-by-case basis by the

authorized officer. Exemptions could

include approved research, essential

search and rescue, and other emergency

actions or administrative operations for

the protection of cave resources. The

authority for this closure is 43 CFR

8364.1: Closure and restriction orders.

A more specific location of public

lands under this closure order is not

provided in order to protect sensitive

cave resources. Cave locations are

exempt from the Freedom of

Information Act under the Federal Cave

Resources Protection Act of 1988.