Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices 46325 

fire and wildfire suppression; mosquito 

control will only be allowed in cases of 

a documented human health emergency; 

appropriate control of fish and wildlife 

disease will be undertaken if warranted, 

feasible, and effective; an emergency 

response plan and training will be 

developed to address possible 

contaminant spills; regulations 

regarding harvesting of fruit, nuts, and 

other plant parts will be clarified; 

neighboring landowners will be 

contacted frequently to discuss issues of 

concern; an easement and rights-of-way 

management plan will be developed; 

and general public use regulations will 

be annually reviewed and updated. 

Alternative A. No Action. Present 

management practices would continue 

under this Alternative. The No Action 

alternative is a status quo alternative 

where current conditions and trends 

continue. The alternative served as the 

baseline to compare and contrast with 

the other alternatives. 

Alternative B. Wildlife and Habitat 

Focus. Under this alternative there 

would be minimal disturbance to 

wildlife from public use and increased 

level of effort on fish and wildlife 

habitat management. Habitat 

management would be a high priority. 

Invasive species control in the forested 

habitats would allow restoration of 

prairie and oak savanna. Prescribed fire 

and mowing would be used to manage 

11 prairie units totaling 585 acres. Pine 

plantations would be eliminated. 

Additional dikes and water control 

structures would be placed within 

existing impoundments. The deer hunt 

and furbearer management would 

continue as in the past. Public use 

opportunities would be reduced. 

Environmental education programs 

would be limited to those that explain 

Refuge regulations. No waterfowl 

hunting would be allowed. To reduce 

disturbance to migrating birds, all pools 

would be closed to water craft during 

fall migration (from September 15 

through November 15). The Refuge 

would maintain its present entrance 

road, which is open to all traffic except 

for an average of 6 weeks each year 

when the road is flooded. The Refuge 

office would remain as is, but the 70- 

year-old shop would be replaced. The 

staff would include the addition of a 

permanent full-time biologist and a 

private lands biologist and a seasonal 

biological technician and tractor 

operator. 

Alternative C. Integrated Public Use 

and Wildlife and Habitat Focus 

(Preferred Alternative). The Service has 

selected Alternative C, the Preferred 

Alternative, as the CCP for the Refuge. 

Implementation of the CCP will occur 

over the next 15 years and will depend 

on future staffing levels and funding. 

Under this alternative the focus will 

be on returning upland areas to preEuropean settlement habitats, increasing 

flexibility in wetland management 

within impoundments, and increasing 

public use opportunities. Prairie and 

oak savanna restoration will be a high 

priority. Increased efforts to control 

invasive species will be made using 

biological, mechanical, and chemical 

methods. Prescribed fire and mowing 

will be used to manage 11 prairie units 

totaling 435 acres. Half of the trees in 

the pine plantations will be removed 

through selective thinning. Additional 

dikes and water control structures will 

be placed within existing 

impoundments. The deer hunt and 

furbearer management will continue as 

in the past. Public use opportunities 

will be expanded. Environmental 

education programs will be promoted at 

local schools and to community groups 

and the general public. Waterfowl 

hunting opportunities will be expanded 

by opening the area west of the 

Canadian National Railroad dike to a 

limited hunt. Ski trails will be 

maintained when conditions permit. 

Options to alleviate flooding of the 

entrance road to provide year-round 

access to the Refuge will be explored. 

Use of volunteers will be expanded in 

all programs. A Trempealeau NWR 

Friends Group will be started. A multipurpose Room will be added to the 

office/visitor contact station to 

accommodate larger groups and provide 

a place for orientation. The staff will 

include the addition of three seasonal 

positions, including a biological 

technician, a tractor operator, and a park 

ranger. Law enforcement duties will be 

covered by a new position shared with 

the Winona District. A private lands 

biologist will also be shared with the 

Winona District. 

Basis for the Decision 

Alternative C is the most 

environmentally preferable alternative. 

Chapter 1 of the Final EIS identified 

three broad needs: (1) Contribute to the 

Refuge System mission; (2) fulfill the 

purposes of the Refuge; and (3) achieve 

Refuge goals. Alternative C meets these 

needs through the most balanced and 

integrated approach compared to the 

other alternatives. The rationale for 

choosing the selected alternative as the 

best alternative for the Comprehensive 

Conservation Plan is based on the 

impact of this alternative on the issues 

and concerns that surfaced during the 

planning process. The environmental 

impacts of the alternatives were 

analyzed as to how they will impact: (1) 

Landscape; (2) wildlife and habitat; (3) 

public use; (4) neighboring landowners 

and community; and (5) administration 

and operations. Alternative C has longterm benefits to the natural and human 

environment. Alternative C will 

increase water quality and more 

effectively control invasive plants. This 

alternative will ensure abundant 

opportunity for all current recreational 

uses (e.g., hunting, fishing, observation 

and photography, interpretation and 

environmental education). It will have a 

positive economic impact and will 

increase the capacity of the Refuge to 

meet its purposes and mission of the 

Refuge System. Alternative C is also 

expected to lead to improved 

communication and problem solving 

with neighboring land owners. 

Dated: July 22, 2008. 

Charles M. Wooley, 

Acting Regional Director, U.S. Fish and 

Wildlife Service, Fort Snelling, Minnesota. 

[FR Doc. E8–18296 Filed 8–7–08; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Jicarilla Apache Nation Liquor 

Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

Jicarilla Apache Nation Amended 

Liquor Ordinance. The amended 

Ordinance regulates and controls the 

possession, sale, and consumption of 

liquor within the Jicarilla Apache 

Nation. The Nation is located on trust 

land and this amended Ordinance 

allows for the possession and sale of 

alcoholic beverages within the exterior 

boundaries of the Jicarilla Indian 

Reservation. This amended Ordinance 

will increase the ability of the tribal 

government to control the distribution 

and possession of liquor within their 

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 Act is 

effective as of September 8, 2008. 

FOR FURTHER INFORMATION CONTACT: Iris 

A. Drew, Tribal Government Services 

Officer, Southwest Regional Office, 1001 

Indian School Road, Albuquerque, New 

Mexico 87104; Telephone (505) 563–

3530; Fax (505) 563–3060; or Elizabeth 

Colliflower, Office of Tribal Services, 

1849 C Street, NW., Mail Stop 4513–


pwalker on PROD1PC71 with NOTICES
46326 Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices 

MIB, Washington, DC 20240; Telephone 

(202) 513–7627; 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 liquor 

ordinances for the purpose of regulating 

liquor transactions in Indian Country. 

The Jicarilla Apache Nation Legislative 

Council adopted this amended Liquor 

Ordinance by Ordinance No. 2007–O–

525–12 on December 5, 2007. The 

purpose of this amended Ordinance is 

to govern the sale, possession, and 

distribution of alcohol within the 

Jicarilla Apache Reservation. 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 amended Liquor Ordinance of the 

Jicarilla Apache Nation was duly 

adopted by the Legislative Council on 

December 5, 2007. 

Dated: July 30, 2008. 

George T. Skibine, 

Acting Deputy Assistant Secretary for Policy 

and Economic Development. 

The Jicarilla Apache Nation Amended 

Liquor Ordinance reads as follows: 

ORDINANCE OF THE LEGISLATIVE 

COUNCIL 

AMENDMENT OF LIQUOR LICENSING 

ORDINANCE (JICARILLA APACHE 

NATION CODE, TITLE 22, CHAPTER 1) 

ORDINANCE NO. 2007–O–55–12 

WHEREAS, Article XI of the Revised 

Constitution of the Jicarilla Apache 

Nation (Revised Constitution) vests the 

inherent powers of the Jicarilla Apache 

Nation (Nation), including those 

conferred by Section 16 of the Act of 

June 18, 1934 (48 Stat. 984), as 

amended, in the Legislative Council; 

and 

WHEREAS, Article XI of the Revised 

Constitution authorizes the Legislative 

Council to enact ordinances to promote 

to peace, safety, property, health, and 

general welfare of the people of the 

Reservation; and 

WHEREAS, on March 20, 2000, 

Ordinance No. 2000–O–133–03 (the 

Liquor Licensing Ordinance) was 

adopted repealing and replacing all 

previous Legislative Council enactments 

pertaining to the regulation of liquor 

within the Jicarilla Apache Nation 

Reservation, which was approved by the 

Secretary of the Interior on February 11 

2003, as published in Volume 68, 

Federal Register, Pager 6935; and 

WHEREAS, the Legislative Council 

finds that it is in the best interest of the 

Nation to further amend the Nation’s 

Liquor Licensing Ordinance for the 

safety and protection of the public; and 

NOW, THEREFORE; BE IT 

ORDAINED, that the Legislative Council 

of the Jicarilla Apache Nation hereby 

enacts the following Ordinance to 

amend Title 22, Chapter 1 of the Jicarilla 

Apache Nation Code by amending 

Chapter 1, Sections 4(B) and 8(H), 

adding to Chapter 1 a new section 9, 

and by renumbering the existing 

sections 9 through 13 accordingly. Title 

22, Chapter 1, as so amended, shall read 

as follows: 

CHAPTER I: LIQUOR LICENSING 

§ 1 DEFINITIONS. 

As used in this Chapter the following 

definitions shall apply. 

(A) COMMISSION. The Jicarilla 

Apache Gaming Regulatory 

Commission. 

(B) INTOXICATION or 

INTOXICATED. A state in which a 

person’s mental or physical functioning 

is noticeably impaired as a result of the 

use of alcohol or drugs. 

(C) LICENSED PREMISES. The area 

within a Liquor Establishment in which 

the Licensee is authorized to sell Liquor. 

(D) LICENSEE. Any person who owns 

a valid, current Liquor License issued 

by the Nation, or his or her valid agent 

or designee. 

(E) LIQUOR. Distilled or rectified 

spirits, potable alcohol, brandy, whisky, 

rum, gin, vodka, aromatic bitters, or any 

similar alcoholic beverage, including 

blended and fermented beverages, 

dilutions, or mixtures of one or more of 

the foregoing, containing more than onehalf of one percent alcohol, but 

excluding medicinal bitters. Liquor also 

includes beers, or any other alcoholic 

beverage created by the fermentation of 

any infusion or decoction of barley, 

malt, and hops or other cereals in water, 

and includes porter, beer, ale, and wine, 

which means alcoholic beverages 

obtained by the fermentation of natural 

sugar contained in fruit or other 

agricultural products, with or without 

the addition of sugar or other products, 

which do not contain less than one-half 

of one percent alcohol by volume. 

(F) LIQUOR ESTABLISHMENT. A 

location licensed by the Jicarilla Apache 

Gaming Regulatory Commission to serve 

or sell liquor, including the grounds and 

parking lot of such location. 

(G) LIQUOR OFFENSES SECTION. 

J.A.N.C. § 7–2–12. 

(H) MINOR. Any person under the 

age of twenty-one (21) years. 

(I) PACKAGE. Any unbroken, 

unopened container or receptacle used 

for holding liquor. 

(J) PUBLIC PLACE. Includes streets, 

plazas, highways, Toads, stores, 

shopping centers, and other businesses, 

government, and other public buildings, 

schools, churches, public meeting halls, 

buses, and bus depots within the Nation 

which are open to and generally used by 

the public and the ground thereof; it 

also includes parks and playgrounds 

and other open spaces within the Nation 

which are open to and generally used by 

the public. 

(K) PURCHASE. Includes the 

exchange, barter, traffic, or receipt with 

or without consideration, by any means 

whatsoever, of liquor. 

(L) SALE. Includes the exchange, 

barter, traffic, or donation with or 

without consideration, in addition to 

the selling, supplying, or distributing, 

by any means whatsoever, of liquor. 

(M) ENTITY OF THE NATION. Any 

entity owned by the Jicarilla Apache 

Nation. 

(N) NATION. Referring to territory, 

NATION means all lands within the 

territory defined by JANC. § 1–1–5. 

(O) LIQUOR LICENSE. A license 

granted by the Jicarilla Apache Gaming 

Regulatory Commission in accordance 

with the provisions of this Chapter to 

distribute liquor at a liquor 

establishment. 

(P) POLITICAL SUBDIVISION. Any 

political subdivision or department of 

the Jicarilla Apache Nation. 

§ 2 APPLICABILITY. 

This Chapter shall apply to all 

persons engaging or seeking to engage in 

the purchase or sale of liquor within the 

Nation; provided, however, that nothing 

in this Chapter shall apply to: 

(A) Liquor used for scientific research 

or for manufacturing products other 

than liquor; 

(B) Liquor used medical purposes 

under the direction of a physician or a 

hospital, or a mental health, health care, 

or dental clinic; 

(C) Liquor contained in preparations 

not fit for human consumption such as 

cleaning compounds; and 

(D) Liquor for sacramental use under 

a religion recognized as valid by the 

Commission. Denial of recognition of a 

religion by the Commission shall be 

subject to immediate review by the 

Council. 

§ 3 JICARILLA APACHE GAMING 

REGULATORY COMMISSION. 

(A) The Jicarilla Apache Gaming 

Regulatory Commission created by 

J.A.N.C. § 22–2–7 shall exercise the 

regulatory authority of the Nation under 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices 46327 

this Chapter. In addition to the 

qualifications set forth in J.A.N.C. § 22–

2–7(F), no person may serve on the 

Commission if he or she: 

(1) Has within five (5) years been 

convicted of a liquor-related 

misdemeanor; or 

(2) Has any direct financial interest in, 

or is a manager of any liquor 

establishment. A member of the Nation 

will not be disqualified from serving on 

the Commission on the basis of the 

Nation’s ownership of a liquor 

establishment. 

(B) In addition to the powers and 

duties under J.A.N.C. § 22–2–7(I), the 

Commission shall be empowered: 

(1) To review applications for a liquor 

license and either grant a liquor license 

or deny the application; 

(2) To conduct, or cause to be 

conducted, a background investigation 

of any person having or seeking to have 

an ownership interest in, or who is or 

is seeking to be a manager of a liquor 

management (sic); 

(3) To inspect, on its own initiative or 

a response to an affidavit based on a 

reasonable, good faith belief that a 

violation may have occurred, on its own 

or in collaboration with the Jicarilla 

Apache Police Department, alleged 

violations by licensees of this Chapter; 

(4) To conduct, on its own initiative 

or in response to a complaint, hearings 

on alleged violations by licensees of this 

Chapter. The Commission may issue 

subpoenas and compel any licensee, or 

his agent or servant, to appear before it 

and to provide any information or 

documents it requires. The Commission 

may order any licensee to take any 

appropriate action it deems necessary to 

comply with this Chapter; 

(5) To bring, in the name of the 

Nation, any civil action in the Nation’s 

Court or in any court of competent 

jurisdiction of any State or the United 

States to enforce the provisions of this 

Chapter or to enjoin or otherwise 

prevent any violation of this Chapter. 

The Commission may also refer 

suspected criminal violations of this 

Chapter to the appropriate governmental 

authority for investigation and 

prosecution; 

(6) To adopt an annual operating 

budget which shall be subject to the 

approval of the Council and, in 

accordance with this budget employ a 

staff as it deems necessary to fulfill its 

responsibilities under this Chapter. The 

Commission shall submit an annual 

report of the revenues it receives to the 

Council; such as revenues shall be used 

to fund the operations of the 

Commission; 

(7) To promulgate and adopt 

regulations, subject to approval by the 

Council, to assist in the implementation 

of this Chapter and to govern the 

purchase and sale of liquor within the 

Nation; and 

(8) To require payment of reasonable 

fees associated with licensing a liquor 

establishment additional to those set 

forth in this Chapter. 

§ 4 LICENSING. 

(A) General Qualifications for License; 

Standards for Evaluating a License 

Application. 

(1) Applicants. If the applicant for a 

Liquor License is an individual person, 

the person must be an enrolled member 

of the Jicarilla Apache Nation who has 

not been convicted of a liquor-related 

misdemeanor within the last five (5) 

years or a felony and who is at least 

twenty-one (21) years of age. If the 

applicant is a corporation, partnership, 

or other business entity, majority 

ownership and control of the entity 

must be held by the Jicarilla Apache 

Nation, entities of the Nation, political 

subdivisions and enrolled members of 

the Nation; and the manager of the 

proposed licensed premises must be a 

person who has not been convicted of 

a liquor-related misdemeanor within the 

last five (5) years or a felony and who 

is at least twenty-one (21) years of age. 

For purposes of this Section, majority 

ownership and control means the right 

to fifty-one percent (51%) or more of the 

profits and losses of the entity and the 

power to direct the management, policy, 

and operations of the entity. No person 

may own or control ten percent (10%) 

or more of an entity holding a liquor 

license if that person has been convicted 

of a liquor-related misdemeanor within 

the last five (5) years or a felony or is 

less than twenty-one (21) years of age. 

(2) Evaluation of Application. The 

Commission shall issue a Liquor 

License only if the qualifications set 

forth in this Chapter are satisfied and, 

in addition, if the Commission 

concludes within its discretion that 

issuing the license will serve the best 

interests of the community and the 

regulatory goals of this Chapter. The 

Commission shall not issue a liquor 

license if the Commission determines 

that: 

(a) The proposed activity is likely to 

undermine economic development of 

the Nation; 

(b) The proposed activity is likely to 

impose undue burdens on public safety; 

(c) The applicant has failed to 

demonstrate financial capability to meet 

all obligations of this Chapter; or 

(d) The applicant has failed to 

identify adequate procedures to prevent 

violations of this Chapter on the 

proposed licensed premises. 

(3) Factors to be considered by 

Commission. In deciding whether a 

proposed license will serve the best 

interests of the community, the 

Commission may consider the following 

factors among others: 

(a) Whether the application is for the 

operation of a new or existing liquor 

establishment; 

(b) Whether the applicant is in 

compliance with applicable laws of the 

Nation and the United States; 

(c) Whether the applicant has violated 

any provision of this Chapter, and if so, 

whether the violation has been 

remedied; 

(d) The location, number, and density 

of liquor establishments within the 

Nation; 

(e) Whether food is sold at the 

establishment; and 

(f) The health and welfare of the 

public. 

(4) Public Comments. Before the 

issuance of any Liquor License, the 

Commission shall allow comments from 

the public at a time and place advertised 

in a local newspaper of general 

circulation. 

(5) Location of Licensed Premises. The 

Commission shall not grant a Liquor 

License to any proposed liquor 

establishment which is located within 

four hundred (400) feet of the property 

boundary of a church or school. The 

Commission may designate other areas 

that are similarly to be protected. 

(B) Specific License Application 

Requirements. In order to apply for a 

liquor license, an applicant must: 

(l) Submit to the Commission a 

written application for the license under 

oath, on a form prescribed by and 

stating the information required by the 

Commission, together with a nonrefundable application fee of Five 

Hundred Dollars ($500.00); 

(2) Submit to the Commission for its 

approval floor plans which show the 

proposed licensed premises for which 

the license application is submitted; 

(3) Submit to the Commission an area 

map designating the location of the 

proposed licensed premises; 

(4) Submit to the Commission proof of 

liquor liability insurance as required 

under § 9 of this Chapter; and 

(5) Submit such additional 

information as the Commission may 

require. 

(C) Fingerprints. If required by the 

Commission, an applicant for a Liquor 

License who is not the Nation or a 

Political Subdivision of the Nation, if an 

individual, shall file with the 

application two complete sets of the 

applicant’s fingerprints taken under the 

supervision of and certified to by an 

officer of the Jicarilla Apache Police 


pwalker on PROD1PC71 with NOTICES
46328 Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices 

Department or a State, county, or 

municipal police department. If the 

applicant is a corporation, it shall, upon 

request by the Commission, file two 

complete sets of fingerprints of each 

principal officer and of the agent 

responsible for the operation of the 

licensed business and the receipt of 

service. If the applicant is a limited 

partnership, it shall, upon request by 

the Commission, submit two complete 

sets of fingerprints of each general 

partner and of the agent responsible for 

the operation of the licensed business 

and the receipt of service. If the 

applicant is a limited liability company 

or other business entity, it shall, upon 

request by the Commission, submit 

fingerprints as required by the 

Commission. The Commission may 

issue a temporary license pending 

resolution of the background clearances, 

subject to revocation by the 

Commission, at any time, with or 

without cause. 

(D) Classes of Licenses; Special 

Restrictions on License. The 

Commission is authorized to establish 

by regulation various classes of Liquor 

Licenses and to specify the activities 

authorized by each class, including but 

not limited to licenses for restaurants, 

bars, package sales, home brewing, and 

special events. When the Commission 

grants a liquor license, it may grant such 

license with any special restrictions, 

such as restrictions on type of liquor 

served or hours of operation, as it deems 

appropriate. The Commission shall 

explain in writing the reasons for 

imposing any special restrictions on a 

license. A licensee may appeal the 

imposition of any special restrictions to 

the Council as provided in J.A.N.C. 

§ 22–1–10. 

(E) Commission Action on 

Application. After reviewing the 

complete application, the Commission 

shall send the applicant a proposed 

decision on the application. The 

applicant shall have twenty (20) 

working days to respond in writing to 

the proposed decision and may request 

a hearing before the Commission. The 

Commission may conduct a hearing on 

any application on its own initiative, 

with notice to the applicant. Following 

any hearing on the application and the 

expiration of the time allowed for a 

written response to the proposed 

decision, the Commission shall issue a 

final written decision. The written 

decision shall include findings of fact 

and an explanation of the grounds for 

the decision. 

(F) Annual Renewal of License. Each 

person or entity holding a Liquor 

License shall apply to renew that 

license annually on a form provided by 

the Commission with a nonrefundable 

renewal fee in an amount set by 

regulation of the Commission. The 

Commission may decline to renew a 

liquor license only for good cause, such 

as a repeated and intentional violation 

of any of the provisions of this Chapter, 

or failure to submit in a timely manner 

the renewal application and the renewal 

fee. The Commission may renew a 

Liquor License with special restrictions 

in addition to any imposed on the 

expired license. Denial of an application 

to renew a Liquor License or the 

imposition of special restrictions shall 

be appealable under J.A.N.C. § 22–1–10. 

(G) Amendments of Applicable Law. 

All Liquor Licenses are subject to any 

amendment of the Jicarilla Apache 

Nation Code or regulations of the 

Commission which may be adopted or 

made effective after the license is 

approved. 

§ 5 TRANSFER OR LEASE OF 

LIQUOR LICENSE. 

No Liquor License shall be transferred 

or leased other than with approval of 

the Commission through the procedure 

set forth in J.A.N.C. § 22–1–4. 

§ 6 REPORTING. 

(A) Every licensee shall keep, in 

current and available form on the 

licensed premises, records of all 

purchases, sales, quantities on hand, 

and such other information as the 

Commission may reasonably require, 

including but not limited to, copies of 

audits, tax returns, and any forms that 

the Commission may require to be filled 

out. 

(B) The Commission may require a 

licensee to provide it with periodic 

reports, and it may require the 

production of any book, record, 

document, invoice, or voucher kept, 

maintained, received, or issued by any 

such licensee in connection with his or 

her business. If a licensee fails or refuses 

to furnish within a reasonable period of 

time any reports or information 

requested by the Commission, the 

Commission or its designee may enter 

the premises of such licensee where the 

records are kept and make such 

examinations as it deems necessary. 

(C) A licensee who is convicted of a 

violation of the Liquor Offenses Section 

shall, within two (2) working days of 

such conviction, report the conviction 

to the Commission. In addition to any 

other civil assessment imposed under 

the Nation’s law, there shall be an 

assessment of One Hundred Dollars 

($100.00) for each day a licensee is late 

in reporting this information to the 

Commission. 

§ 7 VIOLATION OF LIQUOR 

OFFENSES SECTION. 

Any violation of the Liquor Offenses 

Section by a licensee is a violation of 

this Chapter. 

§ 8 RESTRICTIONS ON LIQUOR 

SALES. 

(A) Sales Only by Holders of Liquor 

License and Only at Licensed Premises; 

Exception. No sales of liquor shall be 

made within the Nation except by 

persons holding a Egnor license issued 

by the Commission and except at 

licensed premises; provided, however, 

that nothing in this Chapter shall 

prohibit social gifts of liquor to someone 

who would not otherwise be prevented 

from obtaining liquor under this 

Chapter or other applicable law. The 

Commission may issue a special use 

permit to enrolled members of the 

Nation authorizing specific sales of 

liquor for specific time periods not to 

exceed one (1) week, on terms to be 

established by its regulations. 

(B) Hours and Days a/Business; 

Election Days. 

(1) Liquor may be sold, served, or 

consumed on any licensed premises 

only during hours authorized by the 

Commission. The Commission shall set 

hours of operation for each liquor 

establishment individually, subject to 

appeal under J.A.N.C. § 22–1–10 to the 

Council. 

(2) Alcoholic beverages shall not be 

sold, served, or consumed on licensed 

premises during voting hours on the 

days of any election to any office of the 

Nation, the United States or the State of 

New Mexico. 

(3) The Council may prohibit the 

purchase, sale, or consumption of liquor 

during days and hours in addition to 

those set forth in this Section 8(B). 

(4) Nothing in this Section 8(B) shall 

prohibit, or authorize the prohibition of, 

the consumption at any time of Liquor 

in guest Rooms of hotels or by people 

in their own homes, or by people who 

are guests in the home of another. 

(C) Sales to be made by Adults. All 

sales of liquor pursuant to this Chapter 

shall be made by persons twenty-one 

(21) years of age or older. 

(D) Evidence of Age and Identity. 

Evidence of age and identity of a 

purchaser of liquor must be shown by 

current and valid driver’s license or a 

United States passport, which contains 

the signature, birth date, and picture of 

the holder of the license or passport, or 

any other form of identification 

acceptable to the Commission. 

(E) Demand for Identification. Liquor 

establishments shall have the authority 

to demand of any person the production 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices 46329 

of proper evidence of age and identity 

before making a sale of liquor to such 

person. (F) Right/Duty to Refuse Sale. A 

Liquor establishment shall have the 

authority and duty to refuse to sell 

liquor to any person who is unable to 

produce proper evidence of age and 

identity as prescribed by this Section 8, 

any person who the seller believes is 

already under the influence of liquor, or 

to anyone else if the seller reasonably 

believes that the transaction would lead 

to a violation of this Chapter. The 

operator of a liquor establishment shall 

have the authority to require that a 

person who the operator reasonably 

believes is already under the influence 

of liquor vacate the licensed premises. (G) Wholesale Liquor Distributors. A 

person holding a valid Liquor License 

may purchase liquor from any 

wholesale liquor distributor validly 

licensed in the jurisdiction of its 

principal place of business. Wholesale 

liquor distributors are expressly 

prohibited from selling liquor within 

the Nation or for distribution within the 

Nation to anyone not holding a Liquor 

License issued by the Commission, 

subject to the exception set forth in 

J.A.N.C. § 22–1–8(A). 

(H) Sales only to be made by Certified 

Servers; Alcohol Server Training 

Required/or License Renewal. All sales, 

delivery, and serving of liquor 

authorized by this Chapter shall be 

made by persons twenty-one (21) years 

of age or older; who have successfully 

completed a liquor server training 

program approved by the Commission 

and are certified as having completed 

the course by the Commission or the 

entity that provides the training 

program. Such certification shall be 

valid for five (5) years from the date of 

certification. Any Licensee seeking 

renewal of a license shall submit to the 

Commission, as a condition of license 

renewal, proof that each server 

employed by the Licensee during the 

prior licensing year had a current valid 

certification that the server completed 

an alcohol server program approved by 

the Commission. 

(I) Happy Hours. The Commission 

may adopt a policy on happy hours and 

on pricing schemes where liquor is sold 

on certain occasions or at certain times 

for a price that is substantially lower 

than the price it is sold for at other 

times. The Commission may at any time 

request from a liquor establishment a 

written description of its policies on 

such happy hours and pricing schemes 

and either approve or disapprove such 

policies. Disapproval of such a policy 

shall be appealable to the Council under 

the procedure set forth in J.A.N.C. § 22–

1–10. 

§ 9 LIQUOR LIABILITY INSURANCE. 

Each Licensee is required to obtain 

and maintain liquor liability insurance 

coverage that will provide, at a 

minimum, personal injury coverage of 

one million dollars ($1,000,000.00) per 

incident and two million dollars 

($2,000,000.00) aggregate per policy 

year. Such insurance must cover the 

Licensee and every alcohol server 

employed by the Licensee. Proof of such 

insurance in a form acceptable to the 

Commission must be submitted with 

every Liquor License application and 

renewal. The Commission must be given 

no less than thirty (30) calendar days 

written notice prior to the termination 

or cancellation of such insurance 

coverage. Failure to maintain such 

insurance coverage, or failure to provide 

the Commission with the required 

notice prior to cancellation or 

termination of insurance shall constitute 

grounds for the revocation of the 

Licensee’s Liquor License and the 

imposition of sanctions as provided in 

this Chapter. 

§ 10 SUSPENSION OR REVOCATION 

OF LIQUOR LICENSE; SPECIAL 

RESTRICTIONS; MONETARY 

SANCTIONS. 

The Commission is authorized to 

revoke or suspend a Liquor License or 

to impose special restrictions on a 

license for a violation or violations of 

any provision of this Chapter, after the 

licensee is given at least seven (7) 

calendar days notice of the proposed 

action and the opportunity to appear 

and to be heard before the Commission, 

either in person or through a 

representative, and to submit such 

evidence as the Commission deems 

relevant to the matter at issue. Such 

suspensions, revocations, and 

imposition of special restrictions are 

appealable to the Council under J.A.N.C. 

§ 22–1–10. In addition to any civil 

assessment provided by the Nation’s 

law, the Commission may initiate an 

action in the Nation’s Court for the 

imposition of monetary sanctions 

against a licensee for a violation of this 

Chapter to compensate the Nation for 

economic losses it suffers, directly or 

indirectly, as a result of the violation. 

§ 11 APPEAL TO COUNCIL. 

(A) Appealable Actions. Any person 

or entity who is denied a Liquor 

License, or whose Liquor License is 

suspended or revoked, or whose Liquor 

License has been limited by special 

restrictions may appeal the adverse 

action to the Council within thirty (30) 

days of final action by the Commission. 

(B) Record on Appeal. The record on 

appeal shall consist of the final written 

decision of the Commission; all 

evidence presented to or relied on by 

the Commission, a taped or transcribed 

record of any hearing, and any other 

records of the Commission or any other 

information requested by the Council. 

(C) Stay Pending Appeal. Suspension 

or revocation of a Liquor License may be 

stayed pending an appeal under this 

Section, at the discretion of the Council. 

The Council may request that the 

appellant post an appeal bond in an 

amount set by the Council. 

(D) Decision of Council Final. All 

decisions of the Council on appeals 

under this Section shall be final and not 

subject to further appeal or review. 

§ 12 PRIVATE RIGHT OF ACTION. 

Subject to the limitations of J.A.N.C. 

§ 22–1–12, any person who suffers 

personal injury or property damage as a 

result of a violation of J.A.N.C. § 22–1–

7 or J.A.N.C. § 22–1–8 shall have a right 

of action for money damages against the 

person or entity whose violation caused 

or contributed to his or her injury. 

§ 13 NO WAIVER OF SOVEREIGN 

IMMUNITY. 

Nothing in this Chapter is intended to 

be or shall be construed as or as 

authorizing any waiver of the sovereign 

immunity of the Jicarilla Apache Nation 

or any of its political subdivisions or of 

any business entity owned in whole or 

in part by the Nation. 

§ 14 SEVERABILITY. 

If any provision of this Chapter is 

found to be invalid or unenforceable, all 

remaining provisions shall be given full 

force and effect to the fullest extent 

practicable. [End of amended 

Ordinance] 

BE IT FURTHER ORDAINED that the 

amended Ordinance shall be effective 

upon the date that all requirements of 

tribal and Federal law are complete, 

including publication of this Ordinance 

by the Secretary of the Interior in the 

Federal Register to the extent such 

publication is required by law. All 

violations occurring before that date 

shall be penalized under the law as it 

existed when the violation occurred. 

CERTIFICATION 

The foregoing Ordinance was enacted 

by the Legislative Council of the Jicarilla 

Apache Nation on the 5th day of 

December 2007, by a vote of 8 for, 0 

against, and 0 abstaining, at a duly 

called meeting at which a quorum of the 

Legislative Council members were 

present. 

/signed/ 


pwalker on PROD1PC71 with NOTICES
46330 Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices 

President 

CERTIFICATION 

The foregoing Ordinance was enacted 

by the Legislative Council of the Jicarilla 

Apache Nation on the 5th day of 

December 2007, by a vote of 8 for, 0 

against, and 0 abstaining, at a duly 

called meeting at which a quorum of the 

Legislative Council members were 

present. 

ATTEST: 

/signed/ 

Secretary of the Nation 

[FR Doc. E8–18287 Filed 8–7–08; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[UT–050–1610–012J] 

Notice of Availability of Richfield Field 

Office Proposed Resource 

Management Plan and Final 

Environmental Impact Statement 

(PRMP/FEIS) 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of Availability. 

SUMMARY: In accordance with the 

National Environmental Policy Act of 

1969 and the Federal Land Policy and 

Management Act of 1976, the Bureau of 

Land Management (BLM) has prepared 

a Proposed Resource Management Plan/ 

Final Environmental Impact Statement 

(PRMP/FEIS) for the Richfield Field 

Office. 

DATES: The BLM planning regulations 

(43 CFR 1610.5–2) state that any person 

who meets the conditions as described 

in the regulations may protest the BLM’s 

PRMP/FEIS. A person who meets the 

conditions and files a protest must file 

the protest within 30 days of the date 

that the Environmental Protection 

Agency publishes this notice in the 

Federal Register. 

ADDRESSES: Copies of the Richfield 

Field Office PRMP/FEIS were sent to 

affected Federal, state, and local 

government agencies and to interested 

parties. Copies of the PRMP/FEIS are 

available for public inspection at: 

Richfield Field Office, 150 East 900 

North, Richfield, UT 84701. Utah State 

Office, 440 West 200 South, Salt Lake 

City, UT 84145. 

Interested persons may also review 

the PRMP/FEIS on the Internet at 

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

richfield/planning.html. All protests 

must be in writing and mailed to the 

following addresses: 

Regular Mail: BLM Director (210), 

Attention: Brenda Hudgens-Williams, 

P.O. Box 66538, Washington, DC 

20035 

Overnight Mail: BLM Director (210), 

Attention: Brenda Hudgens-Williams, 

1620 L Street, NW., Suite 1075, 

Washington, DC 20036 

FOR FURTHER INFORMATION, CONTACT: 

John Russell, Richfield Field Office, 150 

East 900 North, Richfield, UT 84701; 

phone: (435)896–1500; or e-mail at: 

John_Russell@blm.gov. 

SUPPLEMENTARY INFORMATION: The 

Richfield RMP planning area is located 

in central Utah. The BLM administers 

approximately 2.1 million acres of 

surface estate and 3.0 million acres of 

Federal mineral estate within the 

planning area. 

The Richfield RMP will provide 

future broad-scale management 

direction for land use allocations and 

allowable uses on public lands within 

the planning area. Implementation of 

the decisions of the PRMP/FEIS would 

apply only to BLM-administered public 

lands and Federal mineral estate. In the 

Draft RMP/EIS (DRMP/DEIS), which 

was released for public review and 

comment in October 2007, five 

alternatives were analyzed, including a 

No Action alternative. These 

alternatives were developed through 

issue identification during the scoping 

process. Such issues included: visual 

resources, non-WSA lands with 

wilderness characteristics, livestock 

grazing, recreation, travel management 

(OHVs), minerals and energy resources, 

and special designations (ACECs and 

WSRs). 

The PRMP/FEIS would designate one 

new Area of Critical Environmental 

Concern (ACEC), and the continuation 

of one existing ACEC, totaling 2,530 

acres. Resource use limitations that 

apply to the proposed ACECs include a 

range of different prescriptions as 

described in Table 1 below. 

TABLE 1—EVALUATION OF AREAS OF CRITICAL ENVIRONMENTAL CONCERN

Area name Values of concern Resource use limitations Acres 

North Caineville Mesa ................ Relict vegetation ......................... No surface occupancy for oil and gas, recommend withdrawal 

from mineral entry, unsuitable for surface coal mining, unavailable for livestock grazing, closed to OHV use.

2,200 

Old Woman Front ....................... Relict vegetation ......................... No wildlife habitat manipulation; prohibit introduction or 

spread of exotic animal species; no logging or harvest of 

woodland products, fuelwood gathering, or Christmas tree 

cutting; unavailable for livestock grazing; no range improvements; no special recreation permits; closed to OHV use; 

no new roads, trails, or physical improvements; no surface 

occupancy for oil and gas; recommend withdrawal from 

mineral entry.

330 

Comments on the Richfield Field 

Office DRMP/DEIS received from the 

public and internal BLM review were 

considered and incorporated as 

appropriate into the PRMP/FEIS. Public 

comments resulted in the addition of 

clarifying text, but did not significantly 

change proposed land use plan 

decisions. 

Instructions for filing a protest with 

the Director of the BLM regarding the 

PRMP/FEIS may be found in the Dear 

Reader Letter of the Richfield Field 

Office PRMP/FEIS and at 43 CFR 

1610.5–2. 

E-mail and faxed protests will not be 

accepted as valid protests unless the 

protesting party also provides the 

original letter by either regular or 

overnight mail postmarked by the close 

of the protest period. Under these 

conditions, the BLM will consider the email or faxed protest as an advance copy 

and it will receive full consideration. If 

you wish to provide the BLM with such 

advance notification, please direct faxed 

protests to the attention of the BLM 

protest coordinator at 202–452–5112, 

and e-mails to Brenda_HudgensWilliams@blm.gov. All protests, 

including the follow-up letter (if emailing or faxing) must be in writing 

and mailed to the appropriate address, 


pwalker on PROD1PC71 with NOTICES