Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Notices 35247

a. Upon determining that any person

licensed by the Sac and Fox to sell beer

or alcoholic beverages is for any reason

no longer qualified to hold such license

or reasonably appears to have violated

any terms of the license or tribal

regulation, including failure to pay taxes

when due and owing, or has been found

by any forum of competent jurisdiction,

including the Commission, to have

violated the terms of a tribal or state

license or of any provision of this title,

the Chairman shall immediately serve

written notice upon the Licensee

directing that he show cause within ten

(10) days why his or her Sac and Fox

license should not be revoked or

restricted. The notice shall state the

grounds relied upon for the proposed

revocation or restriction.

b. If the Licensee fails to respond to

the notice within ten (10) days of

service, the Chairman may issue an

order revoking the license or placing

such restrictions of the license as the

Chairman deems appropriate, effective

immediately. The Licensee may, within

the 10 day period, file with the Office

of the Chairman a written response and

request for hearing before the

Commission.

c. At the hearing, the Licensee may

present evidence and argument directed

at the issue of whether or not the

asserted grounds for the proposed

revocation or restriction are in fact true,

and whether such grounds justify the

revocation or modifications of the

license. The Nation may present other

evidence as it deems appropriate.

d. The Commission after considering

all of the evidence and arguments shall

issue a written decision either

upholding the license, revoking the

license or imposing some lessor penalty

(such as a temporary suspension or a

fine), and such decision shall be final

and conclusive.

e. The Commission’s final decision,

upon posting a bond with the Court

sufficient to cover the Commission’s

final hearing assessment or ruling, may

be appealed by Licensee to the Sac and

Fox Court. Any findings of fact of the

Commission are conclusive upon the

Court unless clearly contrary to law.

The purposes of Court review are not to

substitute the Court’s finding of facts or

opinion for the Commission’s but to

guarantee due process of law. If the

Court should rule for the appealing

party, the court may order a new

hearing giving such guidance for the

conduct of such as it deems necessary

for a fair hearing. No damages or monies

may be awarded against the

Commission, its members, nor the

Nation and its agents and employees in

such an action.

Section 1015. Violations—Penalties

Any person who violates these laws

or elicits, encourages, directs or causes

to be violated these laws shall be guilty

of an offense and subject to a fine.

Failure to have a current, valid or

proper license shall not constitute a

defense to an alleged violation of the

licensing laws or regulations. The Sac

and Fox Nation Court System will have

jurisdiction over the proceedings.

a. Any person convicted of

committing any violation of this Act

shall be subject to punishment of up to

one year imprisonment and/or a fine not

to exceed Five Thousand Dollars

($5,000.00).

b. Additionally, any person upon

committing any violation of any

provision of this Act may be subject to

a civil action for trespass, and upon

having been determined by the Court to

have committed the violation, shall be

found to have trespassed upon the lands

of the Sac and Fox Nation, and shall be

assessed such damages as the Court

deems appropriate in the circumstances.

c. Any person suspected of having

violated any provision of this Act shall,

in addition to any other penalty

imposed hereunder, be required to

surrender any beer or alcoholic

beverages in such person’s possession to

the officer making the arrest or

complaint. The surrendered beverages,

if previously unopened, shall only be

returned upon a finding by the Court

after trial that the individual committed

no violation of this Title.

d. Any Operator who violates the

provisions set forth herein shall forfeit

all of the remaining stock in the

outlet(s). The Commission shall be

empowered to seize forfeited products.

e. Any stock, goods or other items

subject to this Act that have not been

registered, licensed, or taxes paid shall

be contraband and subject to immediate

confiscation by the Commission or its

employees or agents, Provided, that

within 15 days of the seizure the

Commission shall cause to be filed an

action against such property alleging the

reason for the seizure or confiscation,

and upon proof, the Court shall order

the property forfeited and title vested in

the Sac and Fox Nation of Oklahoma.

f. Physical seizure of items shall be in

accordance with the provisions

contained in Title 14, chapter 1, General

Revenue and Taxation.

Section 1016. Possession for Personal

Use

Possession of beer or alcoholic

beverages for the personal use by

persons over the age of 21 years shall,

unless otherwise prohibited by Federal

or Tribal law or regulation, be lawful

within the Sac and Fox Indian Country,

so long as such beer or alcoholic

beverages were lawfully purchased from

an establishment duly licensed to sell

such beverages, whether on or off the

Sac and Fox Indian Country and

consumed within a private residence or

location, or at a location or facility

specifically licensed for the public

consumption of alcoholic beverages.

Section 1017. Transportation Through

Reservation Not Affected

Nothing herein shall pertain to the

otherwise lawful transportation of beer

or alcoholic beverages through the Sac

and Fox Indian Country by persons

remaining upon public highways and

where such beverages are not delivered,

or sold or offered for sale to anyone

within the Sac and Fox Indian Country.

Section 1018. Separability

If any provision of these laws is held

invalid, the remainder of the laws and

their application to other persons or

circumstances is not affected.

Section 1019. Relation to Other Sac and

Fox Laws

All prior statutes, ordinances, and

resolutions enacted by the Sac and Fox

Nation regulating, authorizing,

prohibiting or in any way relating to the

sale of beer or alcoholic beverages

within the Sac and Fox Indian Country

are hereby repealed and have no further

force or effect.

Section 1020. Sovereign Immunity

Preserved

Nothing in this statute shall be

construed as a waiver or limitation of

the sovereign immunity of the Sac and

Fox Indian Nation or its agencies, nor

their officers or employees.

Section 537. Possession of an Alcoholic

Beverage.

(a). It shall be unlawful to buy, sell,

give away, consume, furnish, or possess

any beer, ale, wine, liquor, spirits, or

any other beverage or product

containing alcohol for ingestion by

human beings; or to appear or be found

in a place where beer or alcoholic

beverages are sold and/or consumed,

except as allowed by the Sac and Fox

Beer and Liquor Act or regulation there

under.

Dated: June 25, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–17089 Filed 7–3–96; 8:45 am]

BILLING CODE 4310–22–P
35248 Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Notices

Bureau of Land Management

[NV–942–06–1420–00]

Filing of Plats of Survey; Nevada

AGENCY: Bureau of Land Management.

ACTION: Notice.

SUMMARY: The purpose of this notice is

to inform the public and interested State

and local government officials of the

filing of Plats of Survey in Nevada.

EFFECTIVE DATE: Filing is effective at

10:00 a.m. on the dates indicated below.

FOR FURTHER INFORMATION CONTACT:

Robert H. Thompson, Acting Chief,

Cadastral Survey, Bureau of Land

Management (BLM), Nevada State

Office, 850 Harvard Way, P.O. Box

12000, Reno, Nevada 89520, 702–785–

6541.

SUPPLEMENTARY INFORMATION: 1. The

Supplemental Plat of the following

described lands was officially filed at

the Nevada State Office, Reno, Nevada

on March 7, 1996:

The plat showing a subdivision of

original lot 1, section 24, Township 21

South, Range 53 East, Mount Diablo

Meridian, Nevada, was accepted March

5, 1996.

This plat was prepared to meet certain

admnistrative needs of the Bureau of

Land Management.

2. The Plat of Survey of the following

described lands was officially filed at

the Nevada State Office, Reno, Nevada

on June 26, 1996:

The plat, in two (2) sheets,

representing the dependent resurvey of

a portion of the north boundary, a

portion of the subdivisional lines, and a

portion of the Boulder Canyon Project

Federal Reservation Boundary, and the

subdivision of sections 2, 11, and 14,

Township 23 South, Range 63 East,

Mount Diablo Meridian, Nevada, under

Group No. 760, was accepted June 25,

1996.

This survey was executed to meet

certain administrative needs of the

Bureau of Land Management.

3. The Plats of Survey of the following

described lands will be officially filed at

the Nevada State Office, Reno, Nevada

on August 22, 1996:

The plat, in six (6) sheets,

representing the dependent resurvey of

a portion of the north boundary and the

east boundary of Township 40 North,

Range 63 East; and the dependent

resurvey of the Eighth Standard Parallel

North, through a portion of Ranges 63

and 64 East, the south boundary and a

portion of the west boundary, and the

dependent and independent resurvey of

the subdivisional lines, and the metesand-bounds survey of Tracts 42 through

49, and the survey of sections 37

through 41, Township 40 North, Range

64 East, Mount Diablo Meridian,

Nevada, under Group No. 676, was

accepted June 18, 1996.

The plat representing the dependent

resurvey of the Eighth Standard Parallel

North, through a portion of Ranges 62

and 63 East; and the dependent resurvey

of a portion of the north boundary of

Township 40 North, Range 63 East; and

the dependent resurvey of a portion of

the east boundary of Township 40

North, Range 62 East; and the survey of

the subdivisional lines of Township

401⁄2 North, Range 63 East, Mount

Diablo Meridian, Nevada, under Group

No. 676, was accepted June 18, 1996.

The plat, in two (2) sheets,

representing the dependent resurvey of

the Eighth Standard Parallel North,

through a portion of Range 62 East, the

east boundary, a portion of the north

boundary and a portion of the

subdivisional lines of Township 41

North, Range 62 East, Mount Diablo

Meridian, Nevada, under Group No.

676, was accepted June 18, 1996.

The plat, in two (2) sheets,

representing the dependent resurvey of

the west and north boundaries and the

subdivisional lines, and the subdivision

of section 30, Township 41 North,

Range 63 East, Mount Diablo Meridian,

Nevada, under Group No. 676, was

accepted June 18, 1996.

The plat representing the dependent

resurvey of the south boundary of

Township 42 North, Range 64 East; and

the dependent resurvey of the west

boundary and a portion of the

subdivisional lines of Township 41

North, Range 64 East, Mount Diablo

Meridian, Nevada, under Group No.

676, was accepted June 18, 1996.

The plat comprising the boundaries of

Township 401⁄2 North, Range 621⁄2 East,

Mount Diablo Meridian, Nevada, under

Group No. 676, was accepted June 18,

1996.

These surveys were executed to meet

certain administrative needs of the

Bureau of Land Management.

4. Subject to valid existing rights the

provisions of existing withdrawals and

classifications, the requirements of

applicable laws, and other segregations

of record, those portions of the lands

listed under item 3 that are original

surveys are open to application,

petition, and disposal, including

application under the mineral leasing

laws. All such valid applications

received on or prior to August 22, 1996,

shall be considered as simultaneously

filed at that time. Those received

thereafter shall be considered in order of

filing.

5. The above-listed surveys are now

the basic record for describing the lands

for all authorized purposes. These

surveys have been placed in the open

files in the BLM Nevada State Office

and are available to the public as a

matter of information. Copies of the

surveys and related field notes may be

furnished to the public upon payment of

the appropriate fees.

Dated: June 27, 1996.

Robert H. Thompson,

Acting Chief Cadastral Surveyor, Nevada.

[FR Doc. 96–17129 Filed 7–3–96; 8:45 am]

BILLING CODE 4310–HC-P

Minerals Management Service

Agency Information Collection

Activities: Submission for Office of

Management and Budget Review;

Comment Request

AGENCY: Minerals Management Service

(MMS), Interior.

ACTION: Notice of information collection.

SUMMARY: The Department of the

Interior has submitted a proposal for the

collection of information listed below to

the Office of Management and Budget

(OMB) for approval under the

provisions of the Paperwork Reduction

Act of 1995 (Act). The Act provides that

an agency may not conduct or sponsor,

and a person is not required to respond

to, a collection of information unless it

displays a currently valid OMB control

number.

DATES: Submit written comments by

August 5, 1996.

ADDRESSES: Submit comments and

suggestions directly to the Office of

Information and Regulatory Affairs,

OMB, Attention: Desk Officer for the

Department of the Interior (1010–0058),

Washington, D.C. 20503.

Send a copy of your comments to the

Chief, Engineering and Standards

Branch, Mail Stop 4700, Minerals

Management Service, 381 Elden Street,

Herndon, Virginia 22070–4817.

FOR FURTHER INFORMATION CONTACT:

Alexis London, Engineering and

Standards Branch, Mail Stop 4700,

Minerals Management Service, 381

Elden Street, Herndon, Virginia 22070–

4817; telephone: (703) 787–1562. You

may obtain copies of the proposed

collection of information and related

forms by contacting MMS’s Clearance

Officer at the telephone number listed

below.

SUPPLEMENTARY INFORMATION:

Title: 30 CFR Part 250, Subpart I,

Platforms and Structures.