Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices 14813 

Applicant: Stephen G. Klarr, Bloomfield 

Village, MI, PRT–209140 

The applicant requests a permit to 

import the sport-hunted trophy of one 

male bontebok (Damaliscus pygargus 

pygargus) culled from a captive herd 

maintained under the management 

program of the Republic of South Africa, 

for the purpose of enhancement of the 

survival of the species. 

Applicant: Roberto Garza Sada, 

Houston, TX, PRT–209373 

The applicant requests a permit to 

import the sport-hunted trophy of one 

male bontebok (Damaliscus pygargus 

pygargus) culled from a captive herd 

maintained under the management 

program of the Republic of South Africa, 

for the purpose of enhancement of the 

survival of the species. 

Applicant: Mark D. Brown, Charleston, 

AR, PRT–209362 

The applicant requests a permit to 

import the sport-hunted trophy of one 

male bontebok (Damaliscus pygargus 

pygargus) culled from a captive herd 

maintained under the management 

program of the Republic of South Africa, 

for the purpose of enhancement of the 

survival of the species. 

Applicant: John S. Osborne, Danville, 

CA, PRT–209360 

The applicant requests a permit to 

import the sport-hunted trophy of one 

male bontebok (Damaliscus pygargus 

pygargus) culled from a captive herd 

maintained under the management 

program of the Republic of South Africa, 

for the purpose of enhancement of the 

survival of the species. 

Dated: March 20, 2009. 

Lisa J. Lierheimer, 

Senior Permit Biologist, Branch of Permits, 

Division of Management Authority. 

[FR Doc. E9–7265 Filed 3–31–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Alcoholic Beverage Control Ordinance, 

Salt River Pima-Maricopa Indian 

Community 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes an 

amendment to the Salt River PimaMaricopa Indian Community’s Code of 

Ordinances, Chapter 14, Articles I and 

II. This amended Code of Ordinances 

was last published on May 8, 1998 (63 

FR 25516). Chapter 14 of the Code 

regulates and controls the possession, 

sale and consumption of liquor within 

the Salt River Pima-Maricopa Indian 

Community’s trust lands specified in 

Attachment A of Article II. The Code 

allows for the possession and sale of 

alcoholic beverages within Salt River 

Pima-Maricopa Indian Community trust 

lands. This Code will increase the 

ability of the tribal government to 

control the distribution and possession 

of liquor within its reservation and at 

the same time will provide an important 

source of revenue and strengthening of 

the tribal government and the delivery 

of tribal services. 

DATES: Effective Date: This Code is 

effective as of May 1, 2009. 

FOR FURTHER INFORMATION CONTACT: Jim 

Steele, Tribal Relations Specialist, 

Western Regional Office, Bureau of 

Indian Affairs, 400 N. 5th Street, Two 

Arizona Center, 12th Floor, Phoenix, 

Arizona 85001; Telephone (602) 379– 

6786; Fax (602) 379–4100; or Elizabeth 

Colliflower, Office of Tribal Services, 

1849 C Street, NW., Mail Stop 4513– 

MIB, Washington, DC 20240; Telephone 

(202) 513–7640; Fax (202) 208–5113. 

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 or amended 

liquor ordinances for the purpose of 

regulating liquor transactions in Indian 

country. The Salt River Pima-Maricopa 

Indian Community’s Community 

Council adopted this amendment to the 

Salt River Pima-Maricopa Indian 

Community’s Code of Ordinances, 

Chapter 14, Articles 1 and 2, by 

Ordinance No. SRO–334–08 on June 4, 

2008. 

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 Salt River PimaMaricopa Indian Community Council 

duly adopted this amendment to the 

Alcoholic Beverage Control Ordinance 

on June 4, 2008. 

Dated: March 18, 2009. 

George T. Skibine, 

Deputy Assistant Secretary for Policy and 

Economic Development. 

The amendment to Salt River PimaMaricopa Indian Community’s Code of 

Ordinances, Chapter 14, Articles 1 and 

2, reads as follows: 

Salt River Pima-Maricopa 

Indian Community 

Ordinance Number: SRO–334–08. 

To repeal Articles I & II Of Chapter 14 

of the Salt River Pima-Maricopa Indian 

Community Code Of Ordinaces in its 

entirety and adopt revised Articles I & 

Ii, to update and provide necessary 

clarifications to the regulated 

possession, consumption and sales of 

alcoholic beverages within the 

community. 

Be it enacted that: 

Chapter 14, Article I and II of the Salt 

River Pima-Maricopa Indian 

Community Code of Ordinances is 

repealed in its entirety and revised 

Articles I and II, Chapter 14 are hereby 

enacted: 

Article I. In General 

Sec. 14–1. Violation of chapter. 

A person who violates any provision 

of Chapter 14 of the Code shall be 

deemed guilty of an offense, and, upon 

conviction thereof, shall be sentenced to 

imprisonment for a period not to exceed 

six (6) months or to a fine not to exceed 

five thousand dollars ($5,000.00) or both 

such imprisonment and fine, with costs. 

(Ord. No. SRO–31–74, 5–29–74; Code 

1976, § 14–11–14–16.) 

Secs. 14–2–14–09. Reserved. 

Article II. Alcoholic Beverage Control 

Sec. 14–10. Sovereign Immunity. 

Nothing in this Article is intended or 

shall be construed as a waiver of the 

sovereign immunity of the Salt River 

Pima-Maricopa Indian Community. 

Sec. 14–11. Title; authority; purpose; 

etc. 

(a) Title. This article shall be known 

as the Salt River Pima-Maricopa Indian 

Community Alcoholic Beverage Control 

Ordinance. 

(b) 

Authority. This article is enacted pursuant 

to the Act of August 15, 1953 (Pub. L. 83– 

277, 67 State. 588, 18 U.S.C. 1161) and 

Article VII of the Salt River Pima-Maricopa 

Indian Community Constitution. 

(c) Purpose. The purpose of this 

article is to regulate and control the 

possession, consumption, and sale of 

liquor on the Salt River Pima-Maricopa 

Indian Community. The enactment of an 

ordinance governing liquor possession 

and sale on the reservation will increase 

the ability of the Community 

government to control reservation liquor 

distribution and possession, and at the 

same time will provide an important 

source of revenue for the continued 

operation and strengthening of the 

14814 Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices 

Community government and the 

delivery of Community government 

services. 

(d) Application of 18 U.S.C. 1161. All 

acts and transactions under this article 

shall be in conformity with this article 

and in conformity with the laws of the 

State of Arizona, to the extent required 

by 18 U.S.C. 1161. 

(e) Effective date. This article shall be 

effective as a matter of Community law 

upon approval by the Community 

Council and effective as a matter of 

Federal law when the Assistant 

Secretary of Indian Affairs certifies and 

published this Article in the Federal 

Register. 

Sec. 14–12. Scope. 

Except for articles I, II and III of 

Chapter 14 of the Code of Ordinances of 

the Salt River Pima-Maricopa Indian 

Community, this article constitutes the 

entire statutory law of the Community 

in regard to the sale and/or distribution 

of alcoholic beverages within the 

Community. 

Sec. 14–13. Definitions. 

In this article, unless the context 

otherwise requires: 

Alcoholic beverage means beer, wine 

or other spirituous liquor. Beer, wine or 

other spirituous liquor used solely for 

the purpose of cooking is excluded from 

this definition. 

Applicant means any partnership, 

corporation, limited liability company 

as well as any natural person that is or 

are requesting approval of a Community 

liquor license. 

Community means the Salt River 

Pima-Maricopa Indian Community. 

License means a license issued 

pursuant to the provisions of this 

article. 

Licensed premises or premises means 

a place from which a licensee is 

authorized to sell alcoholic beverages 

under the provisions of this article. 

Licensee means any partnership, 

corporation or limited liability 

company, as well as any natural person 

who has been authorized to sell 

alcoholic beverages for consumption at 

a particular premises by the Salt River 

Pima-Maricopa Indian Community. 

Minibar means a closed container, 

either refrigerated in whole or in part or 

non-refrigerated, where access to the 

interior is restricted by means of a 

locking device which requires the use of 

a key, magnetic card or similar device. 

Office means the alcohol beverage 

control office or persons within the 

Community Regulatory Agency that 

regulate alcohol and/or liquor sales and 

distribution transactions within the 

Community as created in Section 14– 

16(a) of this ordinance. 

Person means any partnership, 

corporation or limited liability 

company, as well as any natural person. 

Possess means to have any item or 

substance within the control of a person 

or to have any alcoholic beverage within 

a person’s body, regardless of where the 

consumption may have taken place. 

Public Patio Enclosure means a 

contiguous patio or a patio that is not 

contiguous to the remainder of the 

licensed premises if the patio is 

separated from the remainder of the 

premises or licensed premises by a 

public or private walkway or driveway 

not to exceed 30 feet, subject to the rules 

that the director may adopt to establish 

criteria for a noncontiguous premises. 

Private residence means a place 

where an individual or a family 

maintains a habitation. 

Public place means any place not a 

private residence, including within 

operational motor vehicles or nonresidential structures, and not licensed 

for the possession of alcoholic 

beverages. 

Sell, sold, buy means and shall 

include furnish, dispose of, give, receive 

or acquire. 

Sec. 14–14. Unlawful acts. 

(a) It shall be unlawful for any person 

to deal with alcoholic beverages in any 

manner not allowed by this article or 

the regulations adopted under this 

article. 

(b) It shall be unlawful for a licensee 

or other person to give, sell or cause to 

be sold or otherwise distribute alcoholic 

beverages to a person under the age of 

twenty-one (21) years. 

(c) It shall be unlawful to employ a 

person under the age of twenty-one (21) 

years in any capacity connected with 

the handling of alcoholic beverages. 

(d) It shall be unlawful for a person 

under the age of twenty-one (21) years 

to buy, possess, or consume alcoholic 

beverages. 

(e) It shall be unlawful for a licensee 

or an employee of a licensee to consume 

alcoholic beverages on or about the 

licensed premises during such periods 

such person is working at the licensed 

premises. 

(f) It shall be unlawful for a licensee 

or any other person to sell alcoholic 

beverages to an intoxicated or disorderly 

person, or for a licensee or employee of 

a licensee to allow or permit an 

intoxicated or disorderly person to 

remain on the premises. 

(g) It shall be unlawful for a licensee 

to sell alcoholic beverages in any 

manner not provided for by this article, 

the regulations issued pursuant to this 

article or the licensee’s license. 

(h) It shall be unlawful for any person 

over the age of eighteen (18) who 

lawfully exercises dominion and control 

within any private residence or the 

surrounding premises to knowingly 

permit any person under the age of 

twenty-one (21) to possess or consume 

alcoholic beverages within the private 

residence or the surrounding premises. 

Sec. 14–15. Lawful commerce. 

(a) Alcoholic beverages may be 

possessed and consumed only at private 

residences and licensed premises 

pursuant to this Chapter, and may be 

transported in unbroken containers to 

such places. 

(b) Alcoholic beverages may be sold at 

licensed premises only under the 

conditions under which the license is 

issued. 

(c) The Community may from time to 

time issue licenses for the sale of 

alcoholic beverages subject to the 

provisions of this article and the 

regulations adopted pursuant to this 

article. 

Sec. 14–16. Office of alcohol beverage 

control, duties of director; issuance of 

license, revocation, hearings. 

(a) Office. The office of alcohol 

beverage control (‘‘Office’’) is hereby 

established within the Community’s 

Regulatory Agency. The director of the 

Office will be the alcohol beverage 

hearing officer who will be responsible 

to the Community manager and whose 

duties may be delegated from time to 

time to assistant hearing officers or 

other employees of the office. All of the 

positions of the Office will be filled and 

will be conducted in accordance with 

the Community’s established policies 

and procedures. 

(b) Regulations. The Community 

Council shall have the authority to issue 

such regulations, consistent with the 

provisions of this Article, that aid in the 

effective administration of the purpose 

and intent of this Article. The 

Community Council may issue 

regulations for the purpose of carrying 

out the provisions of this article, 

including the following: 

(1) The establishment of a procedure 

for the application of a license, 

including the public hearings process; 

(2) The providing of uniform 

standards or qualifications that all 

licensees must meet; 

(3) Any and all information required 

by applicants for licenses, and for the 

verification of such information. 

Applicants shall include, in the case of 

a corporation, all shareholders of more 

than five (5) percent of the corporate 

Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices 14815 

stock and all officers and directors of 

the corporation; in the case of limited 

liability companies, all of its managing 

members; and, in the case of a 

partnership, all of the partners; 

(4) The establishment of fees for the 

application, renewal application and 

annual license; 

(5) The establishment of hours within 

which licensed premises may be open 

for business; 

(6) The establishment of standards for 

operation of the licensed premises and 

for the audit of any records; 

(7) The development of distinct 

classes of licenses for the sale of (i) all 

alcoholic beverages, (ii) only beer, (iii) 

only wine, or (iv) only beer and wine; 

(8) The procedures for revocation and 

suspension of licenses; and 

(9) Any necessary regulations that 

further the intent of this ordinance and 

provide for the limited and regulated 

sales of alcohol within the Community. 

(c) Beverage restrictions. Licenses may 

only be issued for premises operated 

under the following classifications as 

defined herein; and such licenses may 

be restricted to the sale of (i) all 

alcoholic beverages, (ii) only beer, (iii) 

only wine, or (iv) only beer and wine. 

(d) Designated area. Licenses may be 

issued for premises located only on land 

described on the designated area map 

attached to Ordinance No. SRO–301–05. 

This designated area map, identified as 

the ‘‘Liquor License Area Map’’ (see 

attachment A, incoporated herein by 

reference) shall be in the official records 

of the Community in the Office of the 

Council Secretary. Upon majority vote 

by the Community council and 

publication in the Community’s 

newspaper, the Community council may 

amend the Liquor License Area Map. 

(e) Premises which may be licensed. 

Licenses may only be issued for 

premises as defined in this subsection 

(e) or its subsections. 

(1) Hotel-motel license. 

a. The alcohol beverage hearing 

officer may issue a hotel-motel license 

to any hotel or motel that operates either 

a restaurant (as defined below) or a bar 

in the hotel or motel, provided that the 

applicant is otherwise qualified to hold 

a license. 

b. The holder of a hotel-motel license 

is authorized to sell and serve alcoholic 

beverages solely for consumption on the 

licensed premises. For the purpose of 

this section ‘‘licensed premises’’ shall 

include all minibars located within 

guest rooms accommodations, public 

bar rooms, outdoor patio enclosures, 

outdoor pool areas, public restaurant 

rooms, facilities, areas, and private 

banquet or meeting rooms located 

within the hotel-motel premises or 

connected to the hotel-motel premises 

by a covered walkway or joined to the 

hotel-motel premises by a common roof 

line, all of which shall be deemed to be 

‘‘in’’ the hotel-motel for purposes of this 

Chapter if and to the extent they are 

contained within the licensed premises 

as provided for in the applicable hotelmotel license. The licensed premises 

may include parcels that are leased 

pursuant to two or more separate leases. 

c. ‘‘Restaurant’’ means an 

establishment which derives at least 

forty (40) percent of its gross revenue 

from the sale of food. 

(2) Casino license. 

a. The alcohol beverage hearing 

officer may issue a casino license to any 

casino authorized to operate as a casino 

by the Community. 

b. The holder of a casino license is 

authorized to sell and serve alcoholic 

beverages solely for consumption on the 

licensed premises. For the purpose of 

this section, ‘‘licensed premises’’ shall 

include all public bar rooms, gaming 

areas, private banquet or meeting rooms, 

restaurants, other food service facilities, 

outdoor patio enclosures, and land 

contiguous to the casino facility. 

(3) Golf course clubhouse license. 

a. The alcohol beverage hearing 

officer may issue a golf course 

clubhouse license to any golf course 

clubhouse. 

b. The holder of a golf course 

clubhouse license is authorized to sell 

and serve alcoholic beverages solely for 

consumption on the licensed premises 

and only to patrons of the golf course 

facility. For the purpose of this section, 

‘‘licensed premises’’ shall include all 

restaurants and other food service 

facilities, private banquet or meeting 

rooms, bar rooms, outdoor patio 

enclosures, lounge facilities within the 

golf course clubhouse, and golf course 

enclosure. For purposes of this section 

a ‘‘golf course clubhouse’’ means a 

clubhouse located on a golf course. For 

purposes of this section a ‘‘golf course 

enclosure’’ means substantially 

undeveloped land, including amenities 

such as landscaping, irrigation systems, 

paths and golf greens and tees, that may 

be used for golfing or golfing practice by 

the public or by members and guests of 

a private club. 

(4) Hotel-Motel Restaurant License. 

a. The alcohol beverage hearing 

officer may issue a hotel-motel 

restaurant license to any restaurant 

located in a hotel-motel. 

b. The hotel-motel restaurant shall be 

regularly open for the serving of food to 

guests for compensation and is an 

establishment which derives at least 

forty (40) percent of its gross revenue 

from the sale of food. 

(f) Issuance of licenses, hearings. 

(1) Applicant’s Burden. Licenses will 

be issued by the director of the Office 

after a hearing and upon a 

determination by the alcohol beverage 

hearing officer that the following criteria 

has been met by a satisfactory showing 

by the applicant that: 

a. The public convenience requires 

the issuance of the license; and 

b. The best interests of the 

Community will be substantially served 

by the issuance of the license. 

(2) Inappropriate Purpose. In order to 

prevent the proliferation of spirituous 

liquor licenses, the Office may deny a 

license to an applicant after determining 

that the applicant’s business is 

inappropriate for the sale of spirituous 

liquor. An inappropropriate applicant or 

business is one that cannot clearly 

demonstrate that the sale of spirituous 

liquor is directly connected to its 

primary purpose and that the sale of 

liquor is not merely incidental to its 

primary purpose. 

(3) Background Investigation. The 

Office shall do a criminal history 

background check qualification on any 

applicant for a license under this article. 

(4) Public Hearing. The alcohol 

beverage hearing officer shall determine 

after a hearing has been held whether 

and under what conditions a license 

shall be issued. 

a. The hearing shall be announced by 

notice in the Community newspaper. 

b. Notice shall be given no less than 

ten (10) days prior to such hearing. 

c. The hearing shall be conducted by 

the alcohol beverage hearing officer in 

an informal manner with rules adopted 

pursuant to this article calculated to 

assure full disclosure of all relevant 

information. 

d. Professional attorneys shall not be 

permitted to represent parties at any 

such hearing or hearings on appeal. 

e. The alcohol beverage hearing 

officer shall hear all relevant issues and, 

within thirty days (30) days after the 

hearing is concluded, shall issue a 

written decision. 

f. The decision will contain the 

findings of fact relied on by the alcohol 

beverage hearing officer for the decision 

as well as the decision. 

g. The findings of fact and decision 

shall be filed with the clerk of the Salt 

River Pima-Maricopa Indian 

Community Court and distributed by 

the Office 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. 

14816 Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices 

(5) Appeals. A decision of the alcohol 

beverage hearing officer issued after the 

public hearing 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. 

Appeals shall be taken from any 

decision of the alcohol beverage hearing 

officer in the following manner: 

a. Notice of appeal. Written notice of 

appeal shall be given within ten (10) 

days after the day the written and 

executed decision by the alcoholic 

beverage hearing officer is filed with the 

clerk of the Salt River Pima-Maricopa 

Indian Community Court. 

1. The notice of appeal shall state all 

the grounds for appeal relied on by the 

appellant. 

2. The notice of appeal shall not be 

amended once it is filed. 

3. The appellee may file a short 

written response to the grounds for 

appeal within ten (10) days after the 

notice of appeal is filed. 

4. The notice of appeal and response 

shall be mailed to the opposing party on 

the day it is filed. 

5. 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. 

6. 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. 

b. Costs. There shall be posted with 

the clerk of the Salt River PimaMaricopa Indian Community Court a 

cash fee of twenty-five dollars ($25.00) 

to cover court costs. 

c. 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. 

d. 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: 

1. 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. 

2. 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. 

3. 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. 

4. 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. 

5. 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. 

6. At the conclusion of such remand 

hearing, the alcohol beverage hearing 

officer shall, within ten (10) 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. 

7. 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. 

e. Decision by the Court. The court 

shall determine whether the decision is 

supported by the findings of fact and the 

law. 

1. 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. 

2. 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. 

3. The hearing shall be limited to one 

hour and the time will be equally 

divided between the appellant and the 

appellee. 

4. If the court finds that the previous 

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. 

(7) Authority of the Office. 

a. Inspection of Premises. The office 

or the beverage control officer may, in 

enforcing the provisions of this Article, 

inspect the premises. 

b. 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. 

c. License Term. Licenses shall be 

issued for a period of one year and are 

renewable on application to the office 

which will renew upon payment of the 

renewal application fee and annual 

license fee. 

d. Transfer of License. Licenses issued 

under this article are nontransferable 

without the prior written approval of 

the alcohol beverage hearing officer after 

the application process has been 

completed. 

e. Citation. The office of alcohol 

beverage control or the Salt River Police 

Department may cite a licensee to 

appear before the alcohol beverage 

hearing officer for a revocation hearing 

upon allegations of violations under this 

Article. 

f. Revocation or Suspension of 

License. Any license issued pursuant to 

this article 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 article, the 

regulations adopted pursuant to it, the 

laws of the Community, or pursuant to 

finding that that the license would not 

have been originally issued had the facts 

in evidence at the time of any 

revocation hearing had been known at 

the time of the application for a license. 

14–16a. Miscellaneous. 

a. Severability. If any provision of this 

Article shall be determined invalid or 

unenforceable by a court of competent 

jurisdiction, such determination shall 

not be held to invalidate or render 

unenforceable the remainder of this 

Article, and to this end, the provisions 

of this Article are severable. 

b. Amendment. This Article may be 

amended by a majority vote of the 

SRPMIC Council or by the SRPMIC 

initiative or referendum process. 

BILLING CODE 4310–4J–P 

Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices 14817 


EN01AP09.002</GPH>
14818 Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices 

[FR Doc. E9–7261 Filed 3–31–09; 8:45 am] 

BILLING CODE 4310–4J–C 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Proclaiming Certain Lands, Auburn 

School District Property, as an 

Addition to the Muckleshoot 

Reservation, Washington 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of Reservation 

Proclamation. 

SUMMARY: This notice informs the public 

that the Deputy Assistant Secretary for 

Policy and Economic Development 

proclaimed approximately 38.23 acres, 

more or less, to be added to the 

Muckleshoot Reservation, Washington. 

FOR FURTHER INFORMATION CONTACT: Ben 

Burshia, Bureau of Indian Affairs, 

Division of Real Estate Services, Mail 

Stop 4639–MIB, 1849 C Street, NW., 

Washington, DC 20240, telephone (202) 

208–7737. 

SUPPLEMENTARY INFORMATION: This 

Notice is published in the exercise of 

authority delegated by the Secretary of 

the Interior to the Assistant Secretary— 

Indian Affairs by part 209 of the 

Departmental Manual, and as assumed 

by the Deputy Assistant Secretary for 

Policy and Economic Development. 

A proclamation was issued, in 

accordance with Section 7 of the Act of 

June 18, 1934 (48 Stat. 986; 25 U.S.C. 

467), for the land described below. The 

land was proclaimed to be an addition 

to and part of the Muckleshoot 

Reservation for the exclusive use of 

Indians on that Reservation who are 

entitled to reside at the Reservation by 

enrollment or tribal membership. 

Williamette Meridian, King County, 

Washington 

Certain tracts of land being described as 

Parcel A, Parcel B and Parcel C, and legally 

described as all being within Section 35, 

Township 21 North, Range 5 East, W.M., 

King County, Washington, being more 

particularly described as follows: 

Parcel A: That portion of the northeast 

quarter of the southwest quarter of Section 

35, Township 21 north, Range 5 east W.M., 

in King County, Washington, lying north of 

county road; LESS state highway; AND LESS 

the south 570 feet of the north 600 feet of the 

west 725 feet; AND LESS the west 50 feet of 

that portion lying south of the north 600 feet. 

Parcel B: The north 600 feet of the west 725 

feet of the northeast quarter of the southwest 

quarter of Section 35, Township 21 north, 

Range 5 east, W.M., in King County, 

Washington, EXCEPT the north 30 feet for 

road; 

ALSO the west 50 feet of the that portion 

of the northeast quarter of the southwest 

quarter of Section 35, Township 21 north, 

Range 5 east W.M., in King County, 

Washington, lying north of State Highway 

No. 5, as conveyed to the State of Washington 

by deed recorded under Recording Number 

5220280; EXCEPT the north 600 feet thereof. 

Parcel C: The west 363 feet of the 

northwest quarter of the southeast quarter of 

Section 35, Township 21 north, Range 5 east, 

W.M., in King County, Washington, lying 

north of Franklin Road. EXCEPT that portion, 

if any, lying within the east 957 feet of the 

northwest quarter of the southeast quarter of 

said Section 35. 

Title to the lands herein described shall be 

subject to any existing easements for public 

roads and highways, for public utilities and 

for railroads and pipelines and any other 

rights-of-way of record. 

Containing an area of 38.23 acres, more or 

less. 

The above-described lands contain a 

total of 38.23 acres, more or less, which 

are subject to all valid rights, 

reservations, rights-of-way, and 

easements of record. 

This proclamation does not affect title 

to the land described above, nor does it 

affect any valid existing easements for 

public roads and highways, public 

utilities and for railroads and pipelines 

and any other rights-of-way or 

reservations of record. 

Dated: March 18, 2009. 

George T. Skibine, 

Deputy Assistant Secretary, for Policy and 

Economic Development Office of the 

Assistant Secretary—Indian Affairs. 

[FR Doc. E9–7321 Filed 3–31–09; 8:45 am] 

BILLING CODE 4310–W7–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[L14200000.BJ0000–LLNM915000–2009] 

Notice of Filing of Plats of Survey, New 

Mexico and Oklahoma 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of filing of plats of 

survey. 

SUMMARY: The plats of survey described 

below are scheduled to be officially 

filed in the New Mexico State Office, 

Bureau of Land Management (BLM), 

Santa Fe, New Mexico, 30 calendar days 

from the date of this publication. 

SUPPLEMENTARY INFORMATION: 

New Mexico Principal Meridian, New 

Mexico (NM) 

The plat representing the dependent 

resurvey of a portion of the south boundary 

and subdivisional lines. The subdivision of 

Sections 32 and 33 and the metes and bounds 

survey of Tract 37, Township 1 South, Range 

10 West of the New Mexico Principal 

Meridian, New Mexico, accepted February 3, 

2009, for Group 1084 NM. 

The plat in three sheets representing the 

dependent resurvey of a portion of the south 

boundary and subdivisional lines. The 

subdivision of Section 28 and the metes and 

bounds survey in Sections 28 and 33, 

Township 15 North, Range 1 East of the New 

Mexico Principal Meridian, New Mexico, 

accepted March 5, 2009, for Group 1065 NM. 

The plat in two sheets representing the 

dependent resurvey of a portion of the 

subdivisional lines, Township 14 North, 

Range 1 East of the New Mexico Principal 

Meridian, New Mexico, accepted March 5, 

2009, for Group 1065 NM. 

The plat in seven sheets representing the 

dependent resurvey of a portion of the south 

boundary of Ojo del Espiritu Santo Grant, a 

portion of the north, south, and west 

boundaries of the township, a portion of the 

subdivisional lines and metes and bounds 

surveys in certain Sections Township 15 

North, Range 1 West of the New Mexico 

Principal Meridian, New Mexico, accepted 

March 5, 2009, for Group 1065 NM. 

The plat in two sheets representing the 

metes and bounds surveys of certain tract 

boundaries within the Ojo del Espiritu Santo 

Grant, Sandoval County, New Mexico, 

accepted March 5, 2009, for Group 1065 NM. 

The plat in two sheets representing the 

dependent resurvey of a portion of the south 

boundary of the Ojo del Espiritu Santo Grant 

and portion of the subdivisional lines, 

Township 15 North, Range 2 West of the New 

Mexico Principal Meridian, New Mexico, 

accepted March 5, 2009, for Group 1065 NM. 

The plat in two sheets representing the 

dependent resurvey of a portion of the south 

boundary of the Ute Mountain Indian 

Reservation (north boundary), the south 

boundary, a portion of the subdivisional 

lines, and the subdivision of Sections 6, 30 

and 31 in Township 30 North, Range 15 West 

of the New Mexico Principal Meridian, New 

Mexico, accepted March 18, 2009, for Group 

1076 NM. 

The plat in three sheets representing the 

dependent resurvey of a portion of the south 

boundary of the Ute Mountain Indian 

Reservation (north boundary), the south and 

east boundary, a portion of the subdivisional 

lines and the subdivision of Sections 1, 2, 11, 

12, 26, 27, 34 and 35 Township 30 North, 

Range 16 West of the New Mexico Principal 

Meridian, New Mexico, accepted March 18, 

2009, for Group 1076 NM. 

Indian Meridian, Oklahoma (OK) 

The plat representing the dependent 

resurvey of a portion of the subdivisional 

lines, and the subdivision of Section 8, 

Township 23 North, Range 1 East of the 

Indian Meridian, Oklahoma, accepted 

January 23, 2009 for Group 152 OK. 

The plat representing the dependent 

resurvey of a portion of the subdivisional 

lines, and the subdivision of Section 29, 

Township 22 North, Range 1 East of the 

Indian Meridian, Oklahoma, accepted March 

3, 2009 for Group 181 OK. 

The supplemental plat representing 

Township 10 North, Range 27 East, of the