Federal Register / Vol. 73, No. 176 / Wednesday, September 10, 2008 / Notices 52673 

Services, 1849 C Street, NW., Mail Stop 

4513–MIB, Washington, DC 20240; 

Telephone (202) 513–7640; Fax (202) 

208–5113. 

Correction 

In the Federal Register of August 13, 

2008, in FR Doc. E8–18771, on page 

47211, in the second column, delete in 

its entirety: 

Section One.1.56 Liquour Violation. 

Any person who shall, within the Annette 

Islands Reserve sell, barter, transport, 

possess, consume, or have consumed, or 

manufacture any alcoholic beverage shall be 

guilty of an offense and, upon conviction 

thereof, shall be sentenced to labor for a 

period of not more than six (6) months or to 

pay a fine not to exceed the constitutional 

limit, or both, with costs. 

Dated: September 2, 2008. 

George T. Skibine, 

Acting Deputy Assistant Secretary for Policy 

and Economic Development. 

[FR Doc. E8–20951 Filed 9–9–08; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

The Grand Canyon West Alcohol 

Ordinance for the Hualapai Indian 

Tribe 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

Grand Canyon West Alcohol Ordinance 

of the Hualapai Indian Tribe of Arizona 

(Tribe). The Ordinance regulates and 

controls the possession, sale and 

consumption of liquor within the 

Hualapai Reservation. This Ordinance 

allows for possession and sale of 

alcoholic beverages within the Hualapai 

Reservation, and increases the ability of 

the tribal government to control the 

Tribe’s liquor distribution and 

possession. At the same time it 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 on September 10, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Sharlot Johnson, Tribal Government 

Services Officer, Western Regional 

Office, P.O. Box 10, Phoenix, Arizona 

85001, Telephone (602) 379–6786; Fax 

(602) 379–4100; or Elizabeth 

Colliflower, Office of Tribal Services, 

1849 C Street NW., MS 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 Hualapai Tribal Council of the 

Hualapai Indian Tribe (Tribe) adopted 

its Liquor Ordinance by Resolution No. 

38–2006 on May 25, 2006. This is an 

amendment to prior Liquor Ordinances 

passed by the Tribe. The purpose of this 

Ordinance is to govern the sale, 

possession and distribution of alcohol 

within tribal lands of the Tribe. 

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 Liquor 

Ordinance of the Hualapai Indian Tribe 

was duly adopted by the Hualapai 

Tribal Council on May 25, 2006. 

Dated: August 29, 2008. 

George T. Skibine, 

Acting Deputy Assistant Secretary for Policy 

and Economic Development. 

The Hualapai Indian Tribe’s Grand 

Canyon West Alcohol Ordinance reads 

as follows: 

Hualapai Tribal Code 

Grand Canyon West Alcohol Ordinance 

Chapter 23, Section 23.2 Grand 

Canyon West Alcohol Ordinance. 

(a) General Provisions. 

(1) Title. This section shall be known 

as the Grand Canyon West Alcoholic 

Beverage Control Ordinance. 

(2) Authority. This section is enacted 

pursuant to the Act of August 15, 1953 

(Pub. L. 83–277, 67 Stat. 588, 18 U.S.C. 

Section 1161), as interpreted by the 

United States Supreme Court in Rice v. 

Rehner, 463 U.S. 713 (1983), and Article 

V of the Hualapai Tribe Constitution. 

(3) Purpose. The purpose of this 

section is to allow for, regulate, and 

control the sale, purchase, distribution, 

possession, and consumption of 

alcoholic beverages within certain 

portions of the Hualapai reservation. 

Enactment of this section as an 

ordinance governing liquor possession 

and sale on the reservation will increase 

the ability of the Tribal government to 

control and regulate Reservation alcohol 

possession and consumption, and at the 

same time provide an important source 

of revenue for the continued operation 

and strengthening of the Tribe and the 

delivery of Tribal government services. 

(4) Scope and Territory. This section 

applies to all sales, purchases, 

distributions, possession, and 

consumption of alcoholic beverages 

made within the exterior boundaries of 

the Hualapai reservation and within a 5 

mile radius of the Grand Canyon West 

Airport Terminal. This territory is 

commonly referred to as Grand Canyon 

West, Liquor Ordinance No. 23, 

approved by the Tribal Council on 

December 7, 1968, is not applicable to 

the territory covered by this Ordinance. 

Signs describing this Ordinance will be 

posted at each site where Alcohol will 

be sold and consumed. 

(5) Application of 18 U.S.C. Section 

1161. All acts and transactions under 

this section shall be in conformity with 

this section and in conformity with the 

laws of the State of Arizona regarding 

alcohol to the extent required by Section 

1161. 

(6) Effective date. This section shall 

take effect on the date it is approved by 

the Secretary of the Interior or the 

Secretary’s designate. 

(b) Definitions. 

In this section, unless the context 

otherwise requires: 

‘‘Alcohol’’ and ‘‘Alcoholic Beverage’’

means beer, wine, or any other 

spirituous liquor, including alcohol, 

brandy, whiskey, rum, tequila, mescal, 

gin, porter, ale, vodka, any malt liquor 

or malt beverage, absinthe, a compound 

or mixture of any of them or of any of 

them with any vegetable or other 

substance, alcohol bitters, bitters 

containing alcohol, any liquid mixture 

or preparation, fruits preserved in 

ardent spirits, whether patented or 

otherwise, that produces intoxication. 

‘‘Beer’’ means any beverage, obtained 

by the alcoholic fermentation, infusion 

or decoction of barley malt, hops, or 

other ingredients not drinkable, or any 

combination of them. 

‘‘Grand Canyon West’’ means the real 

property that is within the exterior 

boundaries of the Hualapai reservation 

and is within a 5-mile radius of the 

Grand Canyon West Airport terminal. 

This real property is commonly referred 

to as Grand Canyon West. Grand 

Canyon West is by this Ordinance 

excluded from the territory covered by 

Liquor Ordinance No. 23, approved by 

the Tribal Council on December 7, 1968. 

‘‘Indian’’ means a person who is 

either enrolled in a federally recognized 

Indian tribe, or who possesses onefourth (1/4) or more degree Indian blood 

in a federally recognized tribe(s) and is 

identified in the community as being 

Indian. 

‘‘Reservation’’ means all Indian Lands 

under the control and authority of the 

Hualapai Tribe. 

‘‘Sale of Alcohol for On-Site 

Consumption’’ means the sale of 


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52674 Federal Register / Vol. 73, No. 176 / Wednesday, September 10, 2008 / Notices 

alcoholic beverages to be consumed 

only on the seller’s premises and does 

not include package liquor. 

‘‘Sell,’’ ‘‘Sold,’’ ‘‘Buy’’ means and 

shall include furnish, dispose of, give, 

receive or acquire. 

‘‘State’’ means the State of Arizona. 

‘‘Tribe’’ or ‘‘Hualapai Tribe’’ means 

the Hualapai Indian Tribe of the 

Hualapai Indian Reservation, a federally 

recognized Indian Tribe. 

‘‘Wine’’ includes champagne and 

similar sparkling wine beverages and 

means the product obtained by the 

fermentation of grapes or other 

agricultural products containing natural 

or added sugar or any such alcoholic 

beverage fortified with grape brandy. 

(c) Unlawful Acts. Unless specifically 

provided for in subsection (d) below, 

this section does not invalidate or alter 

the limitations on the use, sale, 

purchase, possession, or consumption of 

alcohol set forth in Sections 6.276, 

6.277, 6.278, 6.279 or elsewhere in the 

Hualapai Tribal Code nor shall any 

provision of this section be read to 

invalidate the application of the laws of 

the State of Arizona regarding the use, 

sale, purchase, possession, or 

consumption of alcohol. 

(d) Limited Sale and Consumption of 

Alcohol within Grand Canyon West 

Permitted. Notwithstanding limitations 

on the use, sale, purchase, possession, 

or consumption of alcohol set forth 

elsewhere in the Hualapai Tribal Code, 

the limited sale and consumption of 

alcohol within the entire area of Grand 

Canyon West is allowed, consistent with 

the following provisions: 

(1) Only entities licensed pursuant to 

subsection (e) of this Ordinance may 

sell and/or serve alcohol within Grand 

Canyon West. This includes entities 

selling or serving alcohol at special 

events. 

(2) No package liquor may be sold 

and/or served. Only the sale and/or 

service of alcohol for on-site 

consumption is authorized. 

(3) Alcohol purchased within Grand 

Canyon West may only be consumed 

within the premises of the 

establishment at which it was 

purchased. 

(4) The Hualapai Tribal Council, in its 

discretion, may further limit the extent 

to which alcohol may be sold, served, 

purchased, distributed, possessed, and 

consumed within Grand Canyon West, 

and may do so by resolution. 

Accordingly, the Hualapai Tribal 

Council may, by resolution: 

(A) further limit the areas within 

Grand Canyon West in which alcohol 

may be sold and/or served; 

(B) further limit the types of 

businesses within Grand Canyon West 

that may sell and/or serve alcohol; 

(C) further limit the types of alcohol 

(liquor, beer, wine, etc.) sold and/or 

served within any portion or portions of 

Grand Canyon West or by any entity or 

groups of entities within Grand Canyon 

West; 

(D) further limit the manner in which 

alcohol is sold and/or served within any 

portion or portions of Grand Canyon 

West or by any entity or groups of 

entities within Grand Canyon West; 

(E) limit the hours in which alcohol 

may be sold and/or served within any 

portion or portions of Grand Canyon 

West or by any entity or groups of 

entities within Grand Canyon West; 

(F) notwithstanding the license 

suspension and revocation procedures 

below, place a partial or full emergency 

moratorium on alcohol sales and/or 

service within any portion or portions of 

Grand Canyon West or by any entity or 

groups of entities within Grand Canyon 

West when such moratorium is in the 

best interests of the Tribe; and/or 

(G) provide any other limitations on 

the sale and/or service of alcohol within 

Grand Canyon West allowed by law. 

(e) Licenses. 

(1) Licenses for the sale of alcohol 

beverages may be issued to 

entertainment, recreation, and tourism 

facilities, gaming facilities, bars, 

restaurant-bar operations, and entities 

selling or serving alcohol at special 

indoor or outdoor events. 

(2) Any restaurant-bar operation must 

produce more than the specified 

percentage set forth in their license of 

its gross sales from food service in order 

to be licensed after the first year of 

operation. 

(3) Licenses shall be issued by the 

Hualapai Tribal Council, upon the 

receipt by the Hualapai Tribal Council 

of a proper application containing the 

following information: 

(A) The name of the entity that 

regulates the business at which the sale 

of alcohol will take place. Such entity 

shall be the license applicant. 

(B) A copy of the organizational 

documents under which the applicant 

entity is organized. 

(C) A description of the land or 

building regulated by the applicant 

entity at which the applicant entity 

wishes to sell alcohol beverages. 

(D) A statement that the applicant 

entity will conform to all requirements 

of applicable Tribal, State, and federal 

law, as they relate to the purchase and 

sale of alcohol beverages. 

(4) Upon receipt of a proper 

application under this Ordinance, 

licenses for the sale of alcohol beverages 

may be issued by the Hualapai Tribal 

Council if the Hualapai Tribal Council 

finds, in its sole discretion, on the basis 

of the facts disclosed by the application 

and by such additional information as 

the Hualapai Tribal Council may deem 

relevant, that such issuance is in the 

interest of the Tribe. 

(5) Licenses for the sale of alcohol 

beverages issued by the Hualapai Tribal 

Council shall contain the following 

requirements: 

(A) Each license shall require its 

holder to conform its operations to the 

laws of the Tribe, the State of Arizona 

and the United States of America as 

they relate to the purchase and sale of 

alcohol beverages. 

(B) No license shall be effective for a 

term of more than one year from the 

date of its issuance, and each renewal 

thereof. 

(C) Each license shall explicitly state 

that its continued validity is dependent 

upon the compliance of its holder with 

all the provisions of this Ordinance and 

other applicable law. 

(D) No licensee may give away or sell 

alcohol beverages at a loss. 

(6) The Hualapai Tribal Council shall 

have the authority to suspend or revoke 

any license issued under this 

Ordinance, under the following 

procedures: 

(A) Upon receiving information 

suggesting that the holder of a license 

under this Ordinance may have violated 

the terms of the license or applicable 

law, the Hualapai Tribal Council shall 

give the license holder written notice 

that the Hualapai Tribal Council intends 

to suspend or revoke the holder’s 

license. Such notice shall be sent by 

certified mail, return receipt requested, 

to the agent of the license holder and 

shall specify the grounds for the 

proposed suspension or revocation. 

(B) Any license holder who receives 

a notice of a proposed suspension or 

revocation may request a hearing by the 

Hualapai Tribal Council, by sending a 

written request, certified mail, return 

receipt requested, to the Chairman of 

the Hualapai Tribe, at the Tribal 

Chairman’s administrative offices, 

within seven (7) days of the license 

holder’s receipt of the notice. 

(C) Upon receipt of a request for a 

hearing under this Ordinance, the 

Hualapai Tribal Council shall set a date 

for a hearing, which shall be not later 

than thirty days from the date of the 

receipt of the hearing request. 

(D) At a hearing held under this 

Ordinance, the holder of a license under 

this Ordinance shall be permitted to 

present evidence with respect to the 

holder’s compliance with the terms of 

its license and applicable law. In 


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Federal Register / Vol. 73, No. 176 / Wednesday, September 10, 2008 / Notices 52675 

reaching its decision, the Hualapai 

Tribal Council may consider such 

evidence, together with all other 

evidence it deems relevant. Following a 

hearing, if in the judgment of the 

Hualapai Tribal Council the license 

holder has not complied with the terms 

of its license and applicable law, the 

Hualapai Tribal Council shall suspend 

or revoke its license; and if in the 

judgment of the Hualapai Tribal Council 

the terms of the license and applicable 

law have been complied with, the 

proceedings shall be dismissed. In 

either case, the decision of the Hualapai 

Tribal Council shall be final. 

(7) The Hualapai Tribal Council may 

reject any application for a license, or 

for a renewal of a license, under this 

Ordinance, if the applicant previously 

has committed acts which have resulted 

in the suspension or revocation of a 

license under this Ordinance. 

(8) Any entity licensed under this 

Ordinance shall appoint a statutory 

agent and notify the Hualapai Tribal 

Council of such appointment. 

(9) The Hualapai Tribal Council, or 

any individual member thereof or any 

person acting with prior written 

authorization of the Hualapai Tribal 

Council may enter any premises 

licensed under this ordinance at any 

time to observe the activities taking 

place. 

(10) Each entity licensed under this 

Ordinance shall be required to file a 

separate application and hold a separate 

license for each facility it operates. 

(11) No license issued under this 

Ordinance may be transferred to any 

other entity or person. 

(f) Violation of Section. The 

procedures governing the adjudication 

of infractions under this Ordinance 

shall be those set forth in the rules of 

the Tribal Court. 

(1) Criminal Penalties. 

A. Application to Indians. Any Indian 

who 

(i) uses or purchases alcohol from an 

unlicensed entity or person, 

(ii) possesses or consumes alcohol in 

any location other than within a facility 

licensed in accordance with this 

ordinance, or 

(iii) sells, serves or distributes alcohol 

without a license or in violation of the 

terms and conditions of their license, 

shall be subject to the criminal penalties 

set forth in the Hualapai Tribal Code, 

including, but not limited to, Sections 

6.276, 6.277, 6.278, 6.279 of the 

Hualapai Tribal Code. 

B. Application to Non-Indians. Tribal 

Officials may notify federal, State, or 

county officials of any activity 

conducted by non-Indians within Grand 

Canyon West that violates federal, State, 

or county law. Nothing in this section 

shall be construed to authorize or 

require the criminal trial and 

punishment of non-Indians within the 

Tribal court system. 

(2) Civil Fines. 

A. Any customer of a licensed entity, 

whether Indian or non-Indian, who 

possesses or consumes alcohol beyond 

the premises of such entity or any 

person, whether Indian or non-Indian, 

who purchases alcohol, wine or beer 

from an unlicensed entity or person 

shall be subject to a civil fine not to 

exceed $1,000.00, plus costs, for each 

separate violation. 

B. A Tribal employee, vendor, vendor 

employee, or contractor, whether Indian 

or non-Indian, who sells, serves, or 

distributes or possesses alcohol without 

a valid license, who fails to abide by the 

terms and conditions of their license or 

who violates any licensing requirement 

shall be subject to a civil fine not to 

exceed $4,000.00, plus costs, for each 

separate violation. 

(3) Tribal Court. 

Imposition of all criminal penalties 

against Indians under this section, and 

all civil fines against Indians and nonIndians under this section, shall be 

under the exclusive jurisdiction of the 

Tribal Court. The Tribal Court may 

impose a penalty or fine under this 

section upon a complaint or petition 

filed by the Tribe, represented by the 

Tribal prosecutor or another Hualapai 

Tribal Council designee. The complaint 

or petition must set forth specific 

allegations amounting to a violation of 

this section. Notice and hearing on such 

complaint or petition, as well as 

appellate procedures, shall be provided 

in accordance with the rules of the 

Tribal Court. 

(4) Exclusion From Reservation. 

In addition to other sanctions contained 

in this section, Tribal law enforcement 

officers shall be authorized to exclude 

persons who violate this section from 

the Reservation consistent with the 

Hualapai Tribal Code and Constitution. 

(5) Tribal Police. 

The Tribal law enforcement officials 

may enforce all violations of Tribal 

(including this section), State, and/or 

federal laws to the maximum extent 

allowed under Tribal, State, and federal 

law. 

(g) Saving and Severability. In the 

event any section or provision of this 

section or its application to any 

particular activity is held to be invalid, 

the remaining sections and provisions of 

this section and the remaining 

applications of such sections and 

provisions shall continue in full force 

and effect. 

(h) No Waiver of Sovereign Immunity. 

Nothing in this section shall serve to 

waive the Hualapai Tribe’s sovereign 

immunity, which is hereby expressly 

affirmed. 

(i) Amendments. This section may be 

amended by official action of the 

Hualapai Tribal Council. 

(j) Repeal of Prior Laws. Except as 

provided in subsection (c) above, this 

section, upon becoming effective, shall 

operate to revise any inconsistent 

portion of the Hualapai Tribal Code. 

[FR Doc. E8–20953 Filed 9–9–08; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[AK–963–1410–ET; F–14988] 

Notice of Proposed Withdrawal 

Extension and Opportunity for Public 

Meeting: Alaska 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice. 

SUMMARY: The U.S. Air Force (USAF) 

has filed an application with the Bureau 

of Land Management that proposes to 

extend the duration of Public Land 

Order (PLO) No. 6706 for an additional 

20-year term. PLO No. 6706 withdrew 

4,606.70 acres of public land from 

settlement, sale, location, or entry under 

the general land laws, including the 

United States mining laws (30 U.S.C. 

Ch. 2), and from leasing under the 

mineral leasing laws, to protect the 

United States Air Force Indian 

Mountain Research Site. This notice 

also provides an opportunity for the 

public to comment on the proposed 

action and to request a public meeting. 

DATES: Comments and requests for a 

public meeting must be received by 

December 9, 2008. 

ADDRESSES: Comments and meeting 

requests should be sent to the BLM 

Alaska State Director, Attn: Renee 

Fencl, Alaska State Office, 222 West 7th 

Avenue, No. 13, Anchorage, Alaska 

99513–7504. 

FOR FURTHER INFORMATION CONTACT: 

Renee Fencl, BLM Alaska State Office, 

(907) 271–5067. 

SUPPLEMENTARY INFORMATION: The 

withdrawal created by PLO No. 6706 (54 

FR 979, January 11, 1989) will expire 

January 10, 2009, unless extended. The 

USAF has filed an application to extend 

PLO No. 6706 for an additional 20-year 

term to protect the integrity of the 

information being monitored by seismic 


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