51842 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Notices 

concurrent workgroup sessions to 

discuss potential projects. 

Dated: August 17, 2005. 

Frank DeLuise, 

Acting Co-Chair, Aquatic Nuisance Species 

Task Force, Acting Assistant Director—

Fisheries & Habitat Conservation. 

[FR Doc. 05–17328 Filed 8–30–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Burns Paiute Tribe Liquor Ordinance; 

Amendment 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes an 

Amendment to the Burns Paiute Tribe’s 

Liquor Control Ordinance. The 

Ordinance regulates and controls the 

possession, sale and consumption of 

liquor within the Burns Paiute Tribe’s 

Indian Country. The land is located on 

trust land and this Ordinance allows for 

the possession and sale of alcoholic 

beverages within the Burns Paiute 

Tribe’s Indian Country and 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. 

EFFECTIVE DATE: This Amendment is 

effective on August 31, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Betty Scissons, Division of Tribal 

Government Services, Bureau of Indian 

Affairs, Northwest Regional Office, 911 

NE. 11th Avenue, Portland, OR 97232–

4169, Telephone 503–231–6723, Fax 

503–231–2189; or Ralph Gonzales, 

Office of Tribal Services, 1951 

Constitution Avenue, NW., Mail Stop 

320–SIB, Washington, DC 20240, 

Telephone (202) 513–7629. 

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 Burns Paiute Tribal Council 

adopted this Amendment by Resolution 

No. 2005–05 on April 12, 2005. The 

purpose of this Amendment to their 

Ordinance is to permit the sale and 

service of alcohol anywhere in the Old 

Camp Casino instead of restricting 

liquor sales to the lounge, restaurant, 

and bingo hall. 

This notice is published in 

accordance with the authority delegated 

by the Secretary of the Interior to the 

Principal Deputy Assistant Secretary—

Indian Affairs. I certify that this 

Amendment to the Liquor Ordinance of 

the Burns Paiute Tribe was duly 

adopted by the Tribal Council on April 

12, 2005. 

Dated: August 19, 2005. 

Michael D. Olsen, 

Acting Principal Deputy Assistant Secretary—

Indian Affairs. 

The Amendment to Burns Paiute 

Tribe’s Liquor Ordinance reads as 

follows: 

1. Remove the second sentence in 

section 5 which reads: ‘‘The sales and 

service of liquor in the Old Camp 

Casino may only be permitted in the 

following areas: liquor lounge, 

restaurant, and bingo hall when used for 

entertainment, food service, or 

convention/meeting purposes.’’

2. Remove the following phrase from 

the first sentence of section 6.C: ‘‘the 

lounge or restaurant area within.’’

The re-statement of the Burns-Paiute 

Tribal Liquor Ordinance incorporating 

the Amendment will now read as 

follows: 

Burns-Paiute Tribal Liquor Ordinance 

Section 1—Title 

This Ordinance shall be the Liquor 

Ordinance of the Burns-Paiute Indian 

Tribe and shall be referenced as the 

Tribal Liquor Ordinance. 

Section 2—Findings and Purpose 

1. The introduction, possession, and 

sale of liquor on Indian Reservations has 

historically been recognized as a matter 

of special concern to Indian tribes and 

to the United States. The control of 

liquor on Reservations remains 

exclusively subject to their legislative 

enactments. 

2. Federal law currently prohibits the 

introduction of liquor into Indian 

Country (18 U.S.C. 1154), leaving tribes 

the decision regarding when and to 

what extent liquor transactions, sales, 

possession and service shall be 

permitted on their Reservation (18 

U.S.C. 1161). 

3. The Burns-Paiute General Council 

discussed and approved a Resolution to 

permit the sale and service of liquor at 

the Old Camp Casino, but at no other 

location, at the General Council meeting 

held in June, 1999. 

4. The enactment of this Tribal 

Ordinance to govern liquor sales and 

service on the Burns-Paiute Reservation, 

and the limitation of such liquor sales 

and service at the Old Camp Casino, 

will increase the ability of the tribal 

government to control Reservation 

liquor distribution and possession, and 

at the same time will provide an 

important source of revenue for the 

continued operation of tribal 

government and the delivery of 

governmental services, as well as 

provide an amenity to customers at the 

Old Camp Casino. 

5. In order to authorize limited liquor 

sales and service at the Old Camp 

Casino, to facilitate increased tribal 

control over liquor distribution on the 

Burns-Paiute Reservation, and to 

provide for urgently needed additional 

revenues for the Burns-Paiute tribal 

government, the Burns-Paiute Tribal 

Council adopts this Liquor Ordinance. 

6. The Burns-Paiute Tribe has entered 

a Memorandum of Understanding 

(MOU) with the Oregon Liquor Control 

Commission to deal with governmental 

issues associated with the licensing and 

regulation of liquor sales on the BurnsPaiute Indian Reservation. 

Section 3—Definitions 

Unless otherwise required by the 

context, the following words and 

phrases shall have the designated 

meanings: 

1. Alcohol: Is that substance known as 

ethyl alcohol, hydrated oxide or 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 those 

substances. 

2. Casino Manager: That person 

appointed by the Tribal Council to 

manage the Old Camp Casino. 

3. Liquor or Liquor Products: Includes 

the four varieties of liquor herein 

defined (alcohol, spirits, wine, and beer) 

and all fermented, spirituous, vinous, or 

malt liquor, or a combination thereof, 

and mixed liquor, a part of which is 

fermented, spirituous, vinous, or malt 

liquor or otherwise intoxicating in every 

liquid or solid or semi-solid or other 

substance patented or not containing 

alcohol, spirits, wine, or beer, and all 

drinks of potable 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 

(1%) of alcohol by weight shall be 

conclusively deemed to be intoxicating. 

4. Old Camp Casino: Shall be the 

gaming facility located on the 10-acre 

Old Camp site located on the BurnsPaiute Indian Reservation which is more 

specifically described in Exhibit 1 to the 

Tribal-State Compact between the 

Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Notices 51843 

Burns-Paiute Tribe and the State of 

Oregon. 

5. Sale and Sell: Includes exchange, 

barter, and traffic; and also the 

supplying or distribution by any means 

whatsoever, of liquor or any liquid 

known or described as beer or by any 

name whatever commonly used to 

describe malt or brewed liquor or wine, 

by any person to any other person; and 

also includes the supply and 

distribution to any other person. 

6. Spirits: Any beverage which 

contains alcohol obtained by 

distillation, including wines exceeding 

seventeen percent (17%) of alcohol by 

weight. 

7. Wine: Any alcoholic beverage 

obtained by fermentation of fruits, 

grapes, berries, or any other agricultural 

product containing sugar, to which any 

saccharin substances may have been 

added before, during, or after 

fermentation, and containing not more 

than seventeen percent (17%) of alcohol 

by weight, including sweet wines 

fortified with wine spirits, such as port, 

sherry, muscatel, and anglican, not 

exceeding seventeen percent (17%) of 

alcohol by weight. 

Section 4—Relation to Other Tribal 

Laws 

All prior Ordinances and Resolutions 

of the Burns-Paiute Indian Tribe 

regulating, authorizing, prohibiting, or 

in any way dealing with the sale or 

service of liquor are hereby repealed 

and are of no further force or effect to 

the extent they are inconsistent or 

conflict with the provisions of this 

Ordinance. No tribal business licensing 

law or other tribal law shall be applied 

in a manner inconsistent with the 

provisions of this Ordinance. 

Section 5—Authorized Sale and Service 

of Liquor 

Liquor may be offered for sale and 

may be served on the Burns-Paiute 

Indian Reservation only in the Old 

Camp Casino. All such sales and service 

of liquor in the Old Camp Casino shall 

be consistent with the Tribal-State 

Compact and applicable Federal and 

State law. 

The Burns-Paiute Tribal Council 

hereby authorizes the Manager of the 

Old Camp Casino to apply for a 

Dispenser Class A License from the 

Oregon Liquor Control Commission 

(OLCC) for the sales and service of 

liquor at the Old Camp Casino as 

provided in this Ordinance. The casino 

Manager is further authorized to treat as 

a casino expense any license fees 

associated with the OLCC Liquor 

License. 

Section 6—Prohibitions 

A. General Prohibitions 

The introduction of liquor, other than 

by the Burns-Paiute Tribe through its 

Old Camp Casino is prohibited within 

the Burns-Paiute Indian Reservation, 

and is hereby declared an offense under 

tribal law. Possession, sales, and service 

of liquor by any person prohibited by 

federal law at 18 U.S.C. 1154 shall be 

lawful so long as the possession is in 

conformity with this Ordinance. 

Federal Indian liquor laws shall 

remain applicable to any person, act, or 

transaction which is not authorized by 

this Ordinance and violators of this 

Ordinance shall be subject to federal 

prosecution as well as to legal action in 

accordance with tribal law. 

B. Age Restrictions 

No person shall be authorized to serve 

liquor to casino patrons unless they are 

at least 21 years of age. No person may 

be served liquor unless they are 21 years 

of age. 

C. No Consumption of Liquor Outside of 

Casino Premises 

All liquor sales and service permitted 

by this Ordinance shall be fully 

consumed within the Old Camp Casino. 

No open containers of liquor, or 

unopened containers of liquor in 

bottles, cans, or otherwise may be 

permitted outside of the casino 

premises. 

D. No Credit Liquor Sales 

The sales and service of liquor 

authorized by this Ordinance shall be 

upon a cash basis only. Payment for 

liquor shall be by cash, credit card, or 

check. 

Section 7—Conformity with State Law 

Authorized liquor sales and service 

on the Burns-Paiute Indian Reservation 

shall comply with Oregon State liquor 

law standards to the extent required by 

18 U.S.C. 1161. The casino Manager 

shall be responsible for insuring that all 

OLCC license requirements are satisfied, 

that the license is renewed on an annual 

basis, and that all reasonable and 

necessary actions are taken to sell and 

serve liquor to casino patrons in a 

manner consistent with this Ordinance, 

applicable state law, and the TribalState Compact. The casino Manager 

shall also be authorized to purchase 

liquor from the State or other source for 

sale and service within the Old Camp 

Casino. 

Section 8—Penalty 

Any person or entity possessing, 

selling, serving, bartering, or 

manufacturing liquor products in 

violation of any part of this Ordinance 

shall be subject to a civil fine of not 

more than $500 for each violation 

involving possession, but up to $5,000 

for each violation involving selling, 

bartering, or manufacturing liquor 

products in violation of this Ordinance, 

and violators may be subject to 

exclusion from the Burns-Paiute Indian 

Reservation. In addition, persons or 

entities subject to the criminal 

jurisdiction of the Burns-Paiute Tribe 

who violate this Ordinance shall be 

subject to criminal punishment as 

provided in the Burns-Paiute Law and 

Order Code. All contraband liquor shall 

be confiscated by the Burns-Paiute 

Police Department. 

Section 9—Sovereign Immunity 

Preserved 

Nothing in this Ordinance is intended 

or shall be construed as a waiver of the 

sovereign immunity of the Burns-Paiute 

Indian Tribe. No Manager or employee 

of the Old Camp Casino shall be 

authorized, nor shall they attempt, to 

waive the sovereign immunity of the 

Tribe. 

Section 10—Effective Date 

This Ordinance shall be effective 

following approval by the Burns-Paiute 

Tribal Council and approval by the 

Secretary of Interior or his designee as 

provided by federal law. 

[FR Doc. 05–17281 Filed 8–30–05; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

60-day Notice of Intention To Request 

Clearance of Collection of Information: 

Opportunity for Public Comment 

AGENCY: National Park Service, The 

Department of the Interior. 

ACTION: Notice and request for comments. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act of 1995 (Pub. 

L. 104–13, 44 U.S.C., Chapter 3507) and 

5 CFR part 1320, Reporting and Record 

Keeping Requirements, the National 

Park Service invites public comments 

on an extension of a currently approved 

collection (OMB#1024–0018). 

DATES: Public comments will be 

accepted on or before sixty days from 

the date of publication in the Federal 

Register. 

ADDRESSES: Send comments to Beth L. 

Savage, Publications Managing Editor, 

National Register of Historic Places, 

National Park Service, 1849 ‘‘C’’ Street