17208 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices 

National Environmental Policy Act 

We are requesting comments on the 

permit application and on our 

preliminary determination that the 

proposed HCP qualifies as a ‘‘low 

effect’’ HCP, eligible for a categorical 

exclusion under the National 

Environmental Policy Act (NEPA) of 

1969, as amended (42 U.S.C. 4321 et 

seq.). We explain the basis for this 

possible determination in our draft 

Environmental Action Statement (EAS) 

and associated Low Effect Screening 

Form. The draft HCP, Low Effect 

Screening Form, and EAS are available 

for public review. 

We have made a preliminary 

determination that the HCP qualifies as 

a ‘‘low-effect’’ plan as defined by our 

Habitat Conservation Planning 

Handbook (November 1996). Our 

determination that a HCP qualifies as a 

low-effect plan is based on the following 

criteria: (1) Implementation of the HCP 

would result in minor or negligible 

effects on federally listed, proposed, and 

candidate species and their habitats; (2) 

implementation of the HCP would result 

in minor or negligible effects on other 

environmental values or resources; and 

(3) impacts of the HCP, considered 

together with the impacts of other past, 

present, and reasonably foreseeable 

similarly situated projects, would not 

result, over time, in significant 

cumulative effects to the environmental 

values or resources that would be 

considered significant. As more fully 

explained in our EAS and associated 

Low Effect Screening Form, the 

applicant’s proposal for the construction 

of infrastructure improvements qualifies 

as a ‘‘low effect’’ plan for the following 

reasons: 

(1) Approval of the HCP would result 

in minor or negligible effects on the 

Mount Hermon June beetle and Ben 

Lomond spineflower and their habitat. 

We do not anticipate significant direct 

or cumulative effects to the Mount 

Hermon June beetle or Ben Lomond 

spineflower resulting from the proposed 

project. 

(2) Approval of the HCP would not 

have adverse effects on unique 

geographic, historic, or cultural sites, or 

involve unique or unknown 

environmental risks. 

(3) Approval of the HCP would not 

result in any growth-inducing impacts 

and would not result in significant 

cumulative impacts or adverse effects 

on public health or safety. 

(4) The project does not require 

compliance with Executive Order 11988 

(Floodplain Management), Executive 

Order 11990 (Protection of Wetlands), or 

the Fish and Wildlife Coordination Act, 

nor does it threaten to violate a Federal, 

State, local, or tribal law or requirement 

imposed for the protection of the 

environment. 

(5) Approval of the HCP would not 

establish a precedent for future actions 

or represent a decision in principle 

about future actions with potentially 

significant environmental effects. 

We, therefore, have made a 

preliminary determination that approval 

of the HCP qualifies as a categorical 

exclusion under NEPA, as provided by 

the Department of the Interior Manual 

(516 DM 2, Appendix 1 and 516 DM 6, 

Appendix 1). Based upon this 

preliminary determination, we do not 

intend to prepare further NEPA 

documentation. We will consider public 

comments in making our final 

determination on whether to prepare 

such additional documentation. 

Public Review and Comment 

If you wish to comment on the Low 

Effect Screening Form, draft EAS, or the 

proposed HCP, you may submit your 

comments to the address listed in the 

ADDRESSES section of this document. 

We will evaluate the permit 

application, HCP, and comments 

submitted thereon to determine whether 

the application meets the requirements 

of section 10(a) of the Act. If we 

determine that the application meets 

those requirements, we will issue the 

ITP for the incidental take of the Mount 

Hermon June beetle. We will also 

evaluate whether issuance of the section 

10(a)(1)(B) ITP complies with section 7 

of the Act by conducting an intraService section 7 consultation. We will 

use the results of this consultation, in 

combination with the above findings, in 

the final analysis to determine whether 

or not to issue the ITP. 

Public Availability of Comments 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Authority: We provide this notice pursuant 

to section 10(c) of the Act and pursuant to 

implementing regulations for NEPA (40 CFR 

1506.6). 

Dated: April 8, 2009. 

Diane K. Noda, 

Field Supervisor, Ventura Fish and Wildlife 

Office, Ventura, California. 

[FR Doc. E9–8474 Filed 4–13–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Nottawaseppi Huron Band of the 

Potawatomi Indian Liquor Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

Secretary’s certification of the 

Nottawaseppi Huron Band of the 

Potawatomi Indian Liquor Ordinance. 

The Ordinance regulates and controls 

the possession, sale, and consumption 

of liquor within the tribal lands. The 

tribal lands are located in Indian 

Country and this Ordinance allows for 

possession and sale of alcoholic 

beverages within their boundaries. This 

Ordinance will increase the ability of 

the tribal government to control the 

tribe’s liquor distribution and 

possession, and at the same time will 

provide an important source of revenue 

for the continued operation and 

strengthening of the tribal government 

and the delivery of tribal services. 

DATES: Effective Date: This Ordinance is 

effective April 14, 2009. 

FOR FURTHER INFORMATION CONTACT: 

David Christensen, Tribal Operations 

Officer, Midwest Regional Office, One 

Federal Drive, Room 550, Ft. Snelling, 

MN 55111, Telephone (612) 725–4554; 

or Elizabeth Colliflower, Office of Tribal 

Services, 1849 C Street, NW., Mail Stop 

4513–MIB, Washington, DC 20240; 

Telephone (202) 513–7640. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Act of August 15, 1953, Public 

Law 83–277, 67 Stat. 586, 18 U.S.C. 

1161, as interpreted by the Supreme 

Court in Rice v. Rehner, 463 U.S. 713 

(1983), the Secretary of the Interior shall 

certify and publish in the Federal 

Register notice of adopted liquor 

ordinances for the purpose of regulating 

liquor transactions in Indian Country. 

The Tribal Council of the Nottawaseppi 

Huron Band of the Potawatomi Indians 

initially adopted this Liquor Ordinance 

on February 14, 2008, and adopted a 

revised version on November 20, 2008. 

The purpose of this Ordinance is to 

govern the sale, possession and 

distribution of alcohol within the 

Nottawaseppi Huron Band of the 

Potawatomi Indian’s tribal land. 

Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices 17209 

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 this Liquor Ordinance of the 

Nottawaseppi Huron Band of the 

Potawatomi Indians was duly adopted 

by its Tribal Council by Resolution No. 

11–20–08–03 on November 20, 2008. 

Dated: March 26, 2009. 

George T. Skibine, 

Deputy Assistant Secretary for Policy and 

Economic Development. 

The Liquor Ordinance of the 

Nottawaseppi Huron Band of the 

Potawatomi Indians reads as follows: 

Liquor Ordinance 

Section 101. Conformity With State Law 

and This Ordinance 

The introduction, possession, 

transportation, and sale of intoxicating 

beverages shall be lawful within the 

Indian country under the jurisdiction of 

the Tribe, provided that such 

introduction, possession, transportation, 

and sale are in conformity with the laws 

of the State of Michigan and with the 

provisions of this Ordinance. 

Section 102. Definitions 

As used in this ordinance the 

following definitions apply: 

(a) Alcohol means that substance 

known as ethyl alcohol, hydrated oxide 

of ethyl, or spirit of wine, which is 

commonly produced by the 

fermentation or distillation of grain, 

starch, molasses, or sugar, or other 

substances including all dilutions and 

mixtures of this substance. 

(b) Alcoholic beverage means a 

compound for human consumption as a 

drink that contains more than 0.5% of 

alcohol by volume. 

(c) Beer means any beverage obtained 

by the alcoholic fermentation of an 

infusion or decoction of pure hops, or 

pure extract of hops and pure barley 

malt or other wholesome grain or cereal 

in pure water containing not more than 

four percent of alcohol by weight and 

not less than one-half of one percent of 

alcohol by volume. For the purposes of 

this Title, any such beverage, including 

ale, stout and porter, containing more 

than four percent of alcohol by weight 

shall be referred to as ‘‘strong beer.’’ 

(d) Immediate family means spouse, 

brother, sister, child or parent. 

(e) Intoxicated person means a person 

whose mental or physical functioning is 

substantially impaired as a result of the 

use of alcohol. 

(f) Licensee includes the licensee’s 

employees and agents and means one 

who holds a valid license from the Tribe 

to sell alcoholic beverages at retail on 

the Reservation. 

(g) Liquor means the four varieties of 

liquor herein defined (alcohol, spirits, 

wine and beer), and all fermented, 

spirituous, vinous or malt liquor, or 

combinations thereof and mixed liquor, 

a part of which is fermented, spirituous, 

vinous or malt liquor, or otherwise 

intoxicating. Every liquid or solid or 

semi-solid or other substance, patented 

or not, containing alcohol, spirits, wine 

or beer and all drinks or drinkable 

liquids and all preparations or mixtures 

capable of human consumption and any 

liquid, semi-solid, solid or other 

substance which contains more than 

one percent of alcohol by weight shall 

be conclusively deemed to be liquor 

within the meaning of this Ordinance. 

(h) Minor means a person under 21 

years of age. 

(i) Ordinance means the Ordinance 

for the authorization and regulation of 

alcoholic beverages adopted pursuant to 

18 U.S.C. 1161. 

(j) Person means any applicant for a 

liquor license. 

(k) Reservation means the 

Nottawaseppi Huron Band of the 

Potawatomi Indians Reservation. 

(l) Spirits means any beverage which 

contains alcohol by distillation, 

including wines exceeding seventeen 

percent of alcohol by weight. 

(m) Tribal Council means the 

Nottawaseppi Huron Band of the 

Potawatomi Indians Tribal Council, the 

governing body of the Nottawaseppi 

Huron Band of the Potawatomi Indians. 

(n) Tribe means Nottawaseppi Huron 

Band of the Potawatomi Indians 

(o) Wine means any alcoholic 

beverage obtained by fermentation of 

fruits (grapes, berries, apples, etc.) or 

other agricultural products containing 

sugar, to which any saccharine 

substances may have been added before, 

during or after fermentation and 

containing not more than seventeen 

percent of alcohol by weight, including 

sweet wines fortified with wine spirits, 

such as port, sherry, muscatel and 

angelica, not exceeding seventeen 

percent of alcohol by weight. 

Section 103. Tribal License or Permit 

Required 

No person shall engage in the sale of 

intoxicating beverages within the Indian 

country under the jurisdiction of the 

Tribe, unless duly licensed, permitted 

or authorized to do so by the Tribe in 

accordance with the terms of this 

Ordinance and the State of Michigan, 

including Section 10 of the Tribal-State 

Class III Gaming Compact. 

Section 104. Application for Tribal 

Liquor License; Requirements 

No Tribal license shall issue under 

this Ordinance except upon a sworn 

application filed with the Tribal Council 

containing the following: 

(a) Agreement by the applicant to 

accept and abide by all conditions of the 

Tribal license and federal law. 

(b) Sworn statement that the applicant 

has not been convicted of a felony. 

(c) In the case of the tribally operated 

casino the application shall be in the 

name of the FireKeepers Casino and 

shall be filed by the General Manager of 

the Casino. 

(d) Satisfactory proof that notice of 

the application has been posted in a 

prominent, noticeable place on the 

premises where intoxicating beverages 

are to be sold for at least 10 days prior 

to consideration by the Tribal Council 

and has been published at least once in 

such local newspaper serving the 

community that may be affected by the 

license as the Huron Band of the 

Potawatomi Chairman or Secretary may 

authorize. The notice shall state the 

date, time and place when the 

application shall be considered by the 

Tribal Council pursuant to Section 105 

of this Ordinance. 

Section 105. Hearing on Application for 

Tribal Liquor License 

All applications for a Tribal liquor 

license shall be considered by the Tribal 

Council in open session at which the 

applicant, his attorney and any person 

protesting the application shall have the 

right to be present, and to offer sworn 

oral or documentary evidence relevant 

to the application. After the hearing, the 

Tribal Council shall determine whether 

to grant or deny the application, based 

on: 

(a) whether the requirements of 

Section 104 have been met, and 

(b) whether the Tribal Council, in its 

discretion, determines that granting the 

license is in the best interests of the 

Tribe. 

Section 106. Conditions of the Tribal 

License 

Any Tribal license issued under this 

Ordinance shall be subject to such 

reasonable conditions as the Tribal 

Council shall fix, including, but not 

limited to the following: 

(a) The license shall be for a term of 

one year. 

(b) The licensee shall at all times 

maintain an orderly, clean, and neat 

establishment, both inside and outside 

the licensed premises. 

(c) The licensed premises shall be 

subject to patrol by the Tribal Police 

17210 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices 

Department, and such other law 

enforcement officials as may be 

authorized under federal or Tribal law. 

(d) The licensed premises shall be 

open to inspection by duly authorized 

Tribal officials at all times during the 

regular business hours. 

(e) Subject to the provisions of 

subsection ‘‘f’’ of this section, no 

intoxicating beverages shall be sold, 

served, disposed of, delivered, or given 

to any person, or consumed on the 

licensed premises except in conformity 

with the hours and days prescribed by 

the laws of the State of Michigan, and 

in accordance with the hours fixed by 

the Tribal Council, provided that the 

licensed premises shall not operate or 

open earlier or operate or close later 

than is permitted by the laws of the 

State of Michigan. 

(f) No liquor shall be sold within 200 

feet of a polling place on Tribal election 

days, or when a referendum is held of 

the people of the Tribe, or on special 

days of observance as designated by the 

Tribal Council. 

(g) Any spirits resold for consumption 

at a Class III gaming establishment shall 

be purchased from the Michigan Liquor 

Control Commission, and beer and wine 

from distributors licensed by the 

Michigan Liquor Control Commission. 

(h) All acts and transactions under 

authority of the Tribal liquor license 

shall be in conformity with the laws of 

the State of Michigan, and shall be in 

accordance with this Ordinance and any 

Tribal license issued pursuant to this 

Ordinance. 

(i) No person under the age permitted 

under the law of the State of Michigan 

shall be sold, served, delivered, given or 

allowed to consume alcoholic beverages 

in the licensed establishment and/or 

area. 

(j) Alcoholic beverages shall not be 

given away in any facility licensed 

under this Ordinance. 

(k) No person licensed under this 

Ordinance shall sell, deliver, give away, 

or cause to be sold, delivered, or given 

away any alcoholic beverage to any 

intoxicated person, or any person who 

appears to be intoxicated. 

Section 107. License Not a Property 

Right 

Notwithstanding any other provision 

of this Ordinance, a Tribal liquor license 

is a mere permit for a fixed duration of 

time. A Tribal liquor license shall not be 

deemed a property right or vested right 

of any kind, and the granting of a Tribal 

liquor license shall not give rise to a 

presumption or legal entitlement to the 

granting of such license for a subsequent 

time period. 

Section 108. Assignment or Transfer 

No Tribal license issued under this 

Ordinance shall be assigned or 

transferred without the written approval 

of the Tribal Council expressed by 

formal resolution. 

Section 109. Cancellation and 

Suspension 

Any license issued hereunder may be 

suspended or canceled by the Tribal 

Council for the breach of any of the 

provisions of this Ordinance, or of the 

Tribal license, upon hearing before the 

Tribal Council after 10 days notice to 

the licensee. The decision of the Tribal 

Council shall be final. 

Section 110. Incorporation of Michigan 

Laws by Reference 

(a) In accordance with 18 U.S.C. 1161, 

the Tribe hereby adopts and applies as 

tribal law those Michigan laws, as 

amended, relating to the sale and 

regulation of alcoholic beverages 

encompassing the following areas: sale 

to a minor; sale to a visibly intoxicated 

individual; sale of adulterated or 

misbranded liquor; hours of operation; 

and similar substantive provisions. The 

tribal laws that are defined by reference 

to the substantive areas of Michigan 

laws referred to in this section shall 

apply in the same manner and to the 

same extent as such laws apply 

elsewhere in Michigan to offReservation transactions unless 

otherwise agreed by the Tribe and State. 

(b) Whenever such Michigan laws are 

incorporated by reference, amendments 

to those laws shall also be deemed to be 

incorporated upon their effective date in 

the State of Michigan, without further 

action by the Tribal Council. 

(c) Nothing in this Ordinance shall be 

construed as a consent by the Tribe to 

the jurisdiction of the State of Michigan 

or any of its courts or subordinate 

political subdivisions or municipalities 

within the Reservation over any activity 

arising under or related to the subject of 

this Ordinance, nor shall anything in 

this Ordinance constitute an express or 

implied waiver of the sovereign 

immunity of the Tribe. 

Section 111. General Penalties 

Any person adjudged to be in 

violation of this Ordinance, including 

any lawful regulation under this 

Ordinance, shall be subject to a civil 

fine of not more than five hundred 

dollars ($500.00) for each such 

violation. The Tribal Council may adopt 

by resolution a separate schedule for 

fines for each type of violation, taking 

into account the seriousness and threat 

the violation may pose to the general 

health and welfare. Such schedule may 

also provide, in the case of repeated 

violations, for imposition of monetary 

penalties greater than the five hundred 

dollar ($500.00) limitation set forth 

above. The penalties provided for in this 

section shall be in addition to any 

criminal penalties that may be imposed 

under applicable law. 

Section 112. Initiation of Action 

Any violation of this Ordinance shall 

constitute a public nuisance. The Tribe 

may initiate and maintain an action in 

Tribal Court to abate and permanently 

enjoin any nuisance declared under this 

Ordinance. Any action taken under this 

section shall be in addition to any other 

penalties provided for in this Ordinance 

or elsewhere under Tribal or federal 

law. The Tribe shall not be required to 

give bond in an action under this 

section. 

Section 113. Regulations 

The Tribal Council is authorized to 

adopt such regulations as may be 

necessary to implement the provisions 

of this Ordinance. 

NOTICE OF APPLICATION FOR 

RETAIL ALCOHOLIC BEVERAGES 

LICENSE [or other purpose] 

The Tribal Council hereby gives notice 

that on the ll day of ll, ll, [name 

of applicant] filed an application for a 

Tribe retail beverages license [or to 

transfer, or renew a license as the case 

may be] for [identify location of 

premises where beverages are to be 

sold]. Residents of ll county 

[counties], or any person who has 

extended credit to the transferor, may 

protest against the issuance [or transfer 

or renewal] of the license. Protests may 

be mailed to the Tribe, Administration 

Building, ll, Michigan, ll, on or 

before the ll day of ll, ll. 

Dated ll Signedllll 

[FR Doc. E9–8449 Filed 4–13–09; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R9–IA–2009–N0078; 96300–1671– 

0000–P5] 

Receipt of Applications for Permit 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of receipt of applications 

for permit. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, invite the public to 

comment on the following applications 

to conduct certain activities with