13462 Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Notices 

Article VIII—Nuisance and Abatement. 

Section 3–8–700. Nuisance 

Any room, house, building, vehicle, 

structure or other place where Alcohol 

Beverages are sold, manufactured, 

bartered, exchanged, given away, 

furnished, or otherwise possessed or 

disposed of in violation of this 

Ordinance, or of any other Tribal law 

related to the transportation, possession, 

distribution or sale of Alcohol 

Beverages, and including all property 

kept therein, or thereon, and use in, or 

in connection with the violation is 

hereby declared to be a nuisance upon 

any second or subsequent violation of 

the same. 

Section 3–8–710. Action To Abate 

Nuisance 

Upon a finding that any such place or 

activity is a nuisance under the 

provision of this Ordinance, the Tribe or 

the Tax Commission may bring a civil 

action in the Tribal Court to abate and 

to perpetually enjoin any such activity 

declared to be a nuisance. Such 

injunctive relief may include a closure 

of any business or other use of the 

property for up to one (1) year from the 

date of the order, or until the owner, 

lessee or tenant shall give bond of no 

less than Twenty-Five Thousand dollars 

($25,000) payable to the Tribe and 

conditioned that no further violation of 

this Ordinance or other Tribal Alcohol 

Beverage law and by payment of all 

fines, costs and assessments against 

him/her. If any condition of the bond is 

violated, the bond may be recovered and 

proceeds delivered to the Tax 

Commission for the use of the Tribe. 

Any action taken under this section 

shall be in addition to any other 

penalties provided for in this 

Ordinance. 

Article IX—Revenue and Reporting 

Section 3–8–720. Use and 

Appropriation of Revenue Received 

All revenue received by the Tax 

Commission under this Ordinance, from 

whatever sources, shall be expended 

first for the administrative costs 

incurred in the administration and 

enforcement of this Ordinance. Any 

excess funds shall be subject to and 

available to appropriation by the Tribe 

for essential governmental, and social 

services, related to drug and alcohol 

education, counseling and treatment. 

Section 3–8–730. Audit 

Tax Commission handling of revenue 

received under this ordinance is subject 

to review and audit as a part of the 

annual financial audit of the Tax 

Commission. 

Section 3–8–740. Reports 

The Tax Commission shall submit to 

the Business Committee a quarterly 

report and an accounting of all revenue 

received and expended pursuant to this 

Ordinance. 

Article X—Miscellaneous 

Section 3–8–750. Severability 

If any provision or application of this 

Ordinance is found invalid and or 

unenforceable, such determination shall 

not be held to render ineffectual any of 

the remaining provisions or applications 

of this Ordinance not specifically 

identified thereby, or to render such 

provision to be inapplicable to other 

persons or circumstances. 

Section 3–8–760. Construction 

Nothing in this ordinance shall be 

construed to diminish or impair in any 

way the rights or sovereign powers of 

the Fort Sill Apache Tribe. 

Section 3–8–770. Effective Date 

This Ordinance shall be effective 

upon certification by the Secretary of 

the Interior, publication in the Federal 

Register and recorded in the office of 

the Clerk of the Tribal Court. 

Section 3–8–780. Prior Law Repealed 

Any and all prior enactments of the 

Fort Sill Apache Tribe that are 

inconsistent with the provisions of this 

Ordinance are hereby rescinded. 

Section 3–8–770. Amendment 

The Fort Sill Apache Tribe through its 

General Council, pursuant to its 

Constitution delegates to the Fort Sill 

Apache Tribe Business Committee the 

authority to amend the provisions of the 

foregoing Alcohol Control Ordinance. 

Approved by the Business Committee 

of the Fort Sill Apache Tribe of 

Oklahoma this 21st day of August 2007, 

by a vote of 4 For 0 Against 0 Abstained. 

Chairman lllllllllllll

Secretary Treasurer lllllllll

[FR Doc. E9–6853 Filed 3–26–09; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLNV010000.L19900000.EX0000; 09–08807; 

TAS: 14X1109] 

Notice of Availability of Final 

Supplemental Environmental Impact 

Statement for the Betze Pit Expansion 

Project, Eureka and Elko Counties, NV 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of availability. 

SUMMARY: In accordance with National 

Environmental Policy Act of 1969 

(NEPA, 42 U.S.C. 4321 et seq. and 43 

CFR 3809), the Bureau of Land 

Management (BLM), Elko District Office 

has prepared a Final Supplemental 

Environmental Impact Statement (SEIS) 

for Barrick Goldstrike Mine’s proposed 

Betze Pit Expansion Project. 

DATES: The BLM will issue a Record of 

Decision (ROD) on the proposed project 

after a minimum of 30 days following 

the Environmental Protection Agency’s 

publication of a Notice of Availability of 

this Final SEIS in the Federal Register. 

ADDRESSES: Copies of the SEIS (compact 

disk or hard copy) are available at the 

BLM Elko District Office, 3900 E. Idaho, 

Elko, Nevada during regular business 

hours of 7:30 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. The 

SEIS is also available on-line at http:// 

www.blm.gov/nv/st/en/fo/ 

elko_field_office.html, Elko District 

Office. 

FOR FURTHER INFORMATION CONTACT: Kirk 

Laird, (775) 753–0200. 

SUPPLEMENTARY INFORMATION: The Betze 

Pit Expansion Project is an amendment 

to the mine plan for the Betze Project, 

an ongoing open pit gold mine on the 

Carlin Trend in Eureka and Elko 

counties. The proposed mine plan 

amendment includes expanding the 

existing open pit and constructing a 

new waste rock facility and a new 

tailings facility. Current mining 

operations at the Betze Project are 

expected to end in 2011, with 

processing operations ending in 2020. 

The proposed Betze Pit Expansion 

Project would extend mining for 4 years 

and processing for an additional 5 years. 

Alternatives developed and analyzed in 

the SEIS include expanding the existing 

Bazza Waste Rock Facility (instead of 

constructing the proposed Clydesdale 

Waste Rock Facility) and the No Action 

alternatives. Alternatives considered but 

eliminated from detailed analysis 

include mining by underground 

methods rather than open pit, modifying 

the proposed Clydesdale Waste Rock 

Facility or constructing an offsite waste 

rock facility to reduce impacts to deer 

migration corridors, and a reduced 

tailings facility alternative. Mitigation 

measures, including reclamation 

scheduling to maintain a deer migration 

corridor, and designed landscape 

reclamation of the proposed Clydesdale 

Waste Rock Facility, were adopted by 

the proponent during the process, 

becoming part of the proposed action. 

The Draft SEIS was released for public 

review on August 22, 2008, for a 45-day 

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Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Notices 13463 

comment period, and a public comment 

meeting was held in Elko, Nevada on 

September 10, 2008. The Final SEIS is 

published in an abbreviated format, and 

includes comments on the Draft SEIS 

and BLM’s responses along with 

resultant changes in the document. 

The documents will be available at 

http://www.blm.gov/nv/st/en/fo/ 

elko_field_office.html, Elko District 

Office for at least 30-days, after which 

BLM will issue a Record of Decision on 

the proposed mine expansion. 

(Authority: 43 CFR 3809) 

Kenneth E. Miller, 

District Manager, Elko. 

[FR Doc. E9–6768 Filed 3–26–09; 8:45 am] 

BILLING CODE 4310–HC–P 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

[Docket No. MMS–2008–MRM–0029] 

Agency Information Collection 

Activities: Proposed Collection, 

Comment Request 

AGENCY: Minerals Management Service 

(MMS), Interior. 

ACTION: Notice of an extension of a 

currently approved information 

collection (OMB Control Number 1010– 

0103). 

SUMMARY: To comply with the 

Paperwork Reduction Act of 1995 

(PRA), we are notifying the public that 

we have submitted to the Office of 

Management and Budget (OMB) an 

information collection request (ICR) to 

renew approval of the paperwork 

requirements in the regulations under 

30 CFR parts 202, 206, and 207. This 

notice also provides the public a second 

opportunity to comment on the 

paperwork burden of these regulatory 

requirements. 

DATES: Submit written comments on or 

before April 27, 2009. 

ADDRESSES: Submit written comments 

by either FAX (202) 395–7245 or e-mail 

(OIRA_Docket@omb.eop.gov) directly to 

the Office of Information and Regulatory 

Affairs, OMB, Attention: Desk Officer 

for the Department of the Interior (OMB 

Control Number 1010–0103). 

Please submit copies of your 

comments to MMS by one of the 

following methods: 

• Electronically go to http:// 

www.regulations.gov. In the ‘‘Comment 

or Submission’’ column, enter ‘‘MMS– 

2008–MRM–0029’’ to view supporting 

and related materials for this ICR. Click 

on ‘‘Send a comment or submission’’ 

link to submit public comments. 

Information on using Regulations.gov, 

including instructions for accessing 

documents, submitting comments, and 

viewing the docket after the close of the 

comment period, is available through 

the site’s ‘‘User Tips’’ link. All 

comments submitted will be posted to 

the docket. 

• Mail comments to Hyla Hurst, 

Regulatory Specialist, Minerals 

Management Service, Minerals Revenue 

Management, P.O. Box 25165, MS 

302B2, Denver, Colorado 80225. Please 

reference ICR 1010–0103 in your 

comments. 

• Hand-carry comments or use an 

overnight courier service. Our courier 

address is Building 85, Room A–614, 

Denver Federal Center, West 6th Ave. 

and Kipling St., Denver, Colorado 

80225. Please reference ICR 1010–0103 

in your comments. 

FOR FURTHER INFORMATION CONTACT: Hyla 

Hurst, telephone (303) 231–3495, or 

e-mail Hyla.Hurst@mms.gov. You may 

also contact Hyla Hurst to obtain copies, 

at no cost, of (1) the ICR, (2) any 

associated forms, and (3) the regulations 

that require the subject collection of 

information. 

SUPPLEMENTARY INFORMATION: 

Title: 30 CFR parts 202, 206, and 207, 

Indian Oil and Gas Valuation. 

OMB Control Number: 1010–0103. 

Bureau Form Number: Forms MMS– 

4109, MMS–4110, MMS–4295, MMS– 

4410, and MMS–4411. 

Abstract: The Secretary of the U.S. 

Department of the Interior is responsible 

for mineral resource development on 

Federal and Indian lands and the Outer 

Continental Shelf (OCS). The Secretary 

is required by various laws to manage 

mineral resource production on Federal 

and Indian lands and the OCS, collect 

the royalties and other mineral revenues 

due, and distribute the funds in 

accordance with those laws. Applicable 

laws pertaining to mineral leases on 

Federal and Indian lands are posted on 

our Web site at http:// 

www.mrm.mms.gov/Laws_R_D/ 

PublicLawsAMR.htm. 

The Secretary also has a trust 

responsibility to manage Indian lands 

and seek advice and information from 

Indian beneficiaries. The MMS performs 

the minerals revenue management 

functions and assists the Secretary in 

carrying out the Department’s trust 

responsibility for Indian lands. 

When a company or an individual 

enters into a lease to explore, develop, 

produce, and dispose of minerals from 

Federal or Indian lands, that company 

or individual agrees to pay the lessor a 

share in an amount or value of 

production from the leased lands. The 

lessee is required to report various kinds 

of information to the lessor relative to 

the disposition of the leased minerals. 

Such information is generally available 

within the records of the lessee or others 

involved in developing, transporting, 

processing, purchasing, or selling of 

such minerals. We collect this 

information to ensure that royalties are 

accurately valued and appropriately 

paid. 

Information collections covered in 

this ICR are found at 30 CFR part 202, 

subparts C and J, which pertain to 

royalties; part 206, subparts B and E, 

which govern the valuation of oil and 

gas produced from leases on Indian 

lands; and part 207, which pertains to 

recordkeeping. Indian tribes and 

individual Indian mineral owners 

receive all royalties generated from their 

lands. Determining product valuation is 

essential to ensure that Indian tribes and 

individual Indian mineral owners 

receive payment on the full value of the 

minerals removed from their lands. 

Failure to collect the data described in 

this information collection could result 

in the undervaluation of leased minerals 

on Indian lands. All data reported is 

subject to subsequent audit and 

adjustment. 

Indian Oil 

Regulations at 30 CFR part 206, 

subpart B, govern the valuation for 

royalty purposes of all oil produced 

from Indian oil and gas leases (tribal 

and allotted), except leases on the Osage 

Indian Reservation, and must be 

consistent with mineral leasing laws, 

other applicable laws, and lease terms. 

Generally, the regulations provide that 

lessees determine the value of oil based 

upon the higher of (1) the gross 

proceeds under an arm’s-length 

contract; or (2) major portion analysis. 

These oil valuation methods are 

eligible for applicable transportation 

allowances. From information collected 

on Form MMS–4110, Oil Transportation 

Allowance Report, (1) MMS verifies 

transportation allowances to determine 

if the lessee reported and paid the 

proper royalty amount; and (2) MMS 

and tribal personnel evaluate whether 

the transportation allowances reported 

and claimed by lessees are within 

regulatory allowance limitations and are 

calculated in accordance with 

applicable regulations. 

Indian Gas 

Regulations at 30 CFR part 206, 

subpart E, govern the valuation for 

royalty purposes of natural gas 

produced from Indian oil and gas leases 

(tribal and allotted). The regulations 

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