54842 Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices 

subsistence hunters without adversely 

impacting the health of existing animal 

populations. 

Also included in this ICR, are three 

forms associated with recruitment and 

selection of members for regional 

advisory councils. These forms are 

currently approved under OMB Control 

No. 1018–0120 (which will be 

discontinued upon approval of this 

ICR): 

(1) FWS Form 2321 (Federal 

Subsistence Regional Advisory Council 

Membership Application/Nomination). 

(2) FWS Form 2322 (Regional 

Advisory Council Candidate Interview). 

(3) FWS Form 2323 (Regional 

Advisory Council Reference/Key 

Contact Interview). 

The member selection process begins 

with the information that we collect on 

the application. Ten interagency review 

panels interview all applicants and 

nominees, their references, and regional 

key contacts. These contacts are all 

based on the information that the 

applicant provides on the application 

form. The information that we collect 

through the application form and 

subsequent interviews is the basis of the 

Federal Subsistence Board’s 

recommendations to the Secretaries of 

the Interior and Agriculture for 

appointment and reappointment of 

council members. 

During the renewal process for this 

ICR, we reviewed our regulations and 

discovered some information collection 

requirements not specifically addressed 

in our previous request for approval. 

Our regulations at 50 CFR 100 contain 

procedures for these requirements, 

including necessary documentation. We 

collect nonform information on: 

(1) Repeal of Federal subsistence rules 

and regulations (50 CFR 100.14 and 36 

CFR 242.14). 

(2) Proposed changes to Federal 

subsistence regulations (50 CFR 100.18 

and 36 CFR 242.18). 

(3) Special action requests (50 CFR 

100.19 and 36 CFR 242.19). 

(4) Requests for reconsideration (50 

CFR 100.20 and 36 CFR 242.20). 

(5) Requests for permits and reports, 

such as traditional religious/cultural/ 

educational permits; fishwheel permits; 

fyke net permits; and under ice permits 

(50 CFR 100.25–27 and 36 CFR 242.25– 

27). 

Comments: On May 28, 2009, we 

published in the Federal Register (74 

FR 25575) a notice of our intent to 

request that OMB renew this 

information collection. In that notice, 

we solicited comments for 60 days, 

ending on July 27, 2009. We did not 

receive any comments in response to 

that notice. 

We again invite comments concerning 

this information collection on: 

•Whether or not the collection of 

information is necessary, including 

whether or not the information will 

have practical utility; 

•The accuracy of our estimate of the 

burden for this collection of 

information; 

•Ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and 

•Ways to minimize the burden of the 

collection of information on 

respondents. 

Comments that you submit in 

response to this notice are a matter of 

public record. Before including your 

address, phone number, e-mail address, 

or other personal identifying 

information in your comment, you 

should be aware that your entire 

comment, including your personal 

identifying information, may be made 

publicly available at any time. While 

you can ask OMB in your comment to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that it will be done. 

Dated: October 19, 2009. 

Hope Grey, 

Information Collection Clearance Officer, 

Fish and Wildlife Service. 

FR Doc. E9–25599 Filed 10–22–09; 8:45 am 

BILLING CODE 4310–55–S 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Coquille Indian Tribe Liquor Control 

Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes an 

amendment to the Tribal Code (Code), 

Liquor Control, Chapter 200, for the 

Coquille Indian Tribe Liquor Control 

Ordinance. The amendment regulates 

and controls the possession and 

consumption of liquor within the Tribal 

lands. The Tribal lands are located in 

Indian country and this amended Code 

allows for possession of alcoholic 

beverages within their boundaries. This 

Code will increase the ability of the 

Tribal government to control liquor 

possession, sale and use in the 

community. 

DATES: Effective Date: This Ordinance is 

effective on November 23, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Betty Scissons, Tribal Government 

Services Officer, Northwest Regional 

Office, 911 NE., 11th Ave., 8th Floor, 

Portland, OR 97232, Telephone: (503) 

231–6723, Fax (503) 231–2189; or 

Elizabeth Colliflower, Office of Indian 

Services, 1849 C Street, NW., Mail Stop 

4513–MIB, Washington, DC 20240, 

Telephone: (202) 513–7640. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Act of August 15, 1953, Public 

Law 83–277, 67 Stat. 586, 18 U.S.C. 

1161, as interpreted by the Supreme 

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

(1983), the Secretary of the Interior shall 

certify and publish in the Federal 

Register notice of adopted liquor 

ordinances for the purpose of regulating 

liquor transactions in Indian country. 

The Coquille Indian Tribe amended the 

liquor control section of its Tribal Code 

by Resolution No. CY0933 on February 

28, 2009. The purpose of this amended 

code is to govern the possession 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 

Assistant Secretary—Indian Affairs. I 

certify that this Liquor Control 

Ordinance of the Code of the Coquille 

Indian Tribe was duly adopted by the 

Tribal Council, on February 28, 2009. 

Dated: October 14, 2009. 

Paul Tsosie, 

Chief of Staff, Assistant Secretary—Indian 

Affairs. 

The Coquille Indian Tribe Liquor 

Control Ordinance reads as follows: 

Coquille Indian Tribal Code 

Chapter 200 

Part 2—Economic Development 

Liquor Control 

200.010 General 

1. Purpose. This Ordinance is for the 

purpose of regulating the sale, 

possession and use of alcoholic liquor 

on the Coquille Indian Reservation and 

other lands subject to Tribal 

jurisdiction. The enactment of this 

ordinance will increase the ability of the 

Tribal government to regulate liquor 

distribution and possession on the 

Coquille Indian Reservation, as defined 

below. 

2. Background. Subject to certain 

limitations, Article VI, Section 1 of the 

Constitution of the Coquille Indian 

Tribe vests the Coquille Tribal Council 

with legislative and executive authority, 

including the authority to adopt this 

Ordinance. This Ordinance replaces 

CITC Chapter 200, enacted on May 9, 

1995 and which remained in effect until 

adoption of this restatement. 

3. Jurisdiction. This Ordinance 

conforms to all requisite laws as 

required by 18 U.S.C. § 1161. 


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Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices 54843 

200.120 Definitions 

To the extent that definitions are 

consistent with Tribal or Federal law, 

terms used herein shall have the same 

meaning as defined in Oregon Revised 

Statutes Chapter 471, and in Oregon 

Administrative Rules Chapter 845. 

1. ‘‘Alcoholic liquor’’ shall mean any 

alcoholic beverage containing more than 

one-half of one percent alcohol by 

volume, and every liquid or solid, 

patented or not, containing alcohol and 

capable of being consumed by a human 

being. 

2. ‘‘Coquille Indian Reservation’’ shall 

mean all lands held in trust by the 

United States for the Tribe or its 

members and all lands over which the 

Tribe exercises jurisdiction, wherever 

located. 

3. Whenever the words ‘‘sell’’ or ‘‘to 

sell’’ refer to anything forbidden by this 

Chapter and related to alcoholic liquor, 

they include: 

(a) To solicit or receive an order; 

(b) To keep or expose for sale; 

(c) To deliver for value or in any way 

other than purely gratuitously; 

(4) To peddle; 

(d) To keep with intent to sell; 

(e) To traffic in, or 

(f) To engage in a transaction for any 

consideration or promise obtained 

directly or indirectly under any pretext 

or by any means or to procure or allow 

to be procured for any other person. 

(g) The word ‘‘sale’’ includes every act 

of selling as defined in subsection (3) of 

this section. 

(h) The word ‘‘person’’ includes a 

human being or any entity that is 

recognized by law as having the rights 

and/or duties of a human being. 

200.150 Civil Violation 

In addition to being grounds for 

revocation of a license, any of the 

following shall be a civil violation 

prosecutable under CITC Chapter 650, 

unless they are otherwise authorized by 

this Ordinance: 

1. For any person to sell, trade or 

manufacture any alcoholic liquor on the 

Coquille Indian Reservation except as 

provided for in this Ordinance. 

2. For any business establishment or 

person on the Coquille Indian 

Reservation to possess, transport or keep 

with intent to sell, barter or trade to 

another, any liquor, except for those 

commercial liquor establishments on 

the Coquille Indian Reservation licensed 

by the Tribe, provided, however, that a 

person may transport liquor from a 

licensed establishment consistent with 

the terms of the license. 

3. For any person to consume 

alcoholic liquor on a public highway. 

4. For any person to publicly consume 

any alcoholic liquor at any community 

function, or at or near any place of 

business, Indian celebration grounds, 

recreational areas, including ballparks, 

and public camping areas, Tribal 

government facilities, Coquille Indian 

Housing Authority facilities, and any 

other public area where minors gather 

for meetings or recreation, except within 

a Tribally licensed establishment where 

alcohol is sold. 

5. For any person under the age of 21 

years to buy, attempt to buy or to 

misrepresent their age in attempting to 

buy, alcoholic liquor. 

6. For any person under the age of 21 

years to transport, possess or consume 

any alcoholic liquor on the Coquille 

Indian Reservation, or to be under the 

influence of alcohol or to be at an 

established commercial liquor 

establishment, except as authorized 

under this Ordinance. 

7. For any person to sell or furnish 

alcoholic liquor to any person under 21 

years of age. 

8. For alcoholic liquor to be given as 

a prize, premium or consideration for a 

lottery, contest, game of chance or skill, 

or competition of any kind. 

200.200 Licensing Procedure 

1. Requests for a license under this 

Ordinance must be presented to the 

Tribal Council at least 30 days prior to 

the requested effective date. Tribal 

Council shall set license conditions at 

least as strict as those required by 

Federal law, including at a minimum: 

(a) Alcoholic liquor may only be 

served and handled in a manner no less 

strict than allowed under Oregon 

Revised Statutes Chapter 471. 

(b) Alcoholic liquor may only be 

served by employees of the licensee; 

and 

(c) Alcoholic liquor may be served in 

rooms where gambling is taking place if 

authorized by Tribal Council resolution. 

2. Tribal Council action on a license 

request must be taken at a regular or 

special meeting. 

3. Unless the request is for a special 

event license, the Tribal Council shall 

give at least 14 days’ notice of the 

meeting at which the request will be 

considered. Notice shall be posted at the 

Tribal government administration 

building and at the establishment 

requesting the license, and will be sent 

by Certified Mail to the Oregon Liquor 

Control Commission. 

4. The Tribal Council may revoke a 

license for reasonable cause upon notice 

and hearing at which the licensee is 

given an opportunity to respond to any 

charges against it and to demonstrate 

why the license should not be 

suspended or revoked. 

5. Licenses issued by the Tribe shall 

not be transferable and may only be 

utilized by the person in whose name it 

was issued. 

200.300 Sale or Service of Liquor by 

Licensee’s Minor Employees 

1. The holder of a license issued 

under this Ordinance or Oregon Revised 

Statutes Chapter 471 may employ 

persons 18, 19 and 20 years of age who 

may take orders for, serve and sell 

alcoholic liquor in any part of the 

licensed premises when that activity is 

incidental to the serving of food except 

in those areas classified by the Oregon 

Liquor Control Commission as being 

prohibited to the use of minors. 

However, no person who is 18, 19 or 20 

years of age shall be permitted to mix, 

pour or draw alcoholic liquor except 

when pouring is done as a service to the 

patron at the patron’s table or drawing 

is done in a portion of the premises not 

prohibited to minors. 

2. Except as stated in this section, it 

shall be unlawful to hire any person to 

work in connection with the sale and 

service of alcoholic beverages in a 

Tribally licensed liquor establishment if 

such person is under the age of 21 years. 

200.350 Memorandums of 

Understanding With the State of Oregon 

Regarding Certain Liquor Licensing and 

Regulation 

1. Notwithstanding any other 

provision of this Ordinance, the Tribe 

hereby authorizes and ratifies the 

negotiation and execution of the 

September 1, 2004 document entitled 

Memorandum of Understanding 

Governing Liquor Licensing and 

Regulation (the ‘‘MOU’’) between the 

Tribe and the State of Oregon, and this 

authorization and ratification shall be 

retroactive to September 1, 2004. 

Moreover, with regard to the sale of 

alcoholic liquor at an establishment 

described in the MOU, any provision of 

this Ordinance shall yield to a 

conflicting provision of the MOU. 

2. Notwithstanding any other 

provision of this Ordinance, the sale of 

alcoholic liquor, by the Tribe or an 

entity owned by the Tribe, at an 

establishment described in the MOU 

shall be governed exclusively by the 

terms of the MOU. 

200.400 Warning Signs Required 

1. Any person in possession of a valid 

retail liquor license, who sells liquor by 

the drink for consumption on the 

premises or sells for consumption off 

the premises, shall post a sign informing 

the public of the effects and risks of 


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54844 Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices 

alcohol consumption during pregnancy 

as required under this section. 

2. The sign shall: 

(a) Contain the message: ‘‘Pregnancy 

and alcohol do not mix. Drinking 

alcoholic beverages, including wine, 

coolers and beer, during pregnancy can 

cause birth defects.’’ 

(b) Be either: 

(1) A large sign, no smaller than eight 

and one-half inches by 11 inches in size 

with lettering no smaller than fiveeighths of an inch in height; or 

(2) A reduced sign, five by seven 

inches in size with lettering of the same 

proportion as the large sign described in 

paragraph (1) of this subsection. 

(c) Contain a graphic depiction of the 

message to assist nonreaders in 

understanding the message. The 

depiction of a pregnant female shall be 

universal and shall not reflect a specific 

race or culture. 

(d) Be in English unless a significant 

number of the patrons of the retail 

premises use a language other than 

English as a primary language. In such 

cases, the sign shall be worded both in 

English and the primary language or 

languages of the patrons. 

(e) Be displayed on the premises of all 

licensed retail liquor premises as either 

a large sign at the point of entry, or a 

reduced sized sign at points of sale. 

200.500 Violations of This Ordinance 

1. Any person who violates the 

provisions of this Ordinance is deemed 

to have consented to the jurisdiction of 

the Tribal Court and may be subject to 

a civil penalty in Tribal Court for a civil 

violation. Such civil penalty shall not 

exceed the sums described in CITC 

Chapter 650. 

2. Such civil violations shall be 

prosecuted under the procedures set 

forth in CITC Chapter 650. 

3. The Tribal Council hereby 

specifically finds that such civil 

penalties are reasonably necessary and 

are related to the expense of 

governmental administration necessary 

in maintaining law and order and public 

safety on the Reservation and in 

managing, protecting and developing 

the natural resources on the 

Reservation. It is the legislative intent of 

the Tribal Council that all violations of 

this Chapter, whether committed by 

Tribal members, non-member Indians, 

or non-Indians, be considered civil in 

nature rather than criminal. 

200.600 Severability 

If a court of competent jurisdiction 

finds any provision of this Ordinance to 

be invalid or illegal under applicable 

Federal or Tribal law, such provision 

shall be severed from this Ordinance 

and the remainder of this Ordinance 

shall remain in full force and effect. 

200.700 Compliance With 18 U.S.C. 

1161 

The Tribe will comply with Oregon 

Liquor Laws to the extent required by 18 

U.S.C. 1161. 

200.800 Effective Date 

This Ordinance shall be effective 

upon publication in the Federal 

Register after approval by the Secretary 

of the Interior or his designee. 

200.900 Sovereign Immunity 

Nothing in this Ordinance waives the 

sovereign immunity of the Coquille 

Indian Tribe or any of its officers, 

directors or employees. 

History of Amendments to Chapter 200 

Liquor Control Ordinance 5/9/95 

Adopted 2/28/09 CY0933. 

Amended 5/21/09 CY0986. 

[FR Doc. E9–25467 Filed 10–22–09; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

National Register of Historic Places; 

Weekly Listing of Historic Properties 

Pursuant to (36 CFR 60.13(b,c)) and 

(36 CFR 63.5), this notice, through 

publication of the information included 

herein, is to apprise the public as well 

as governmental agencies, associations 

and all other organizations and 

individuals interested in historic 

preservation, of the properties added to, 

or determined eligible for listing in, the 

National Register of Historic Places from 

August 17, to August 21, 2009. 

For further information, please 

contact Edson Beall via: United States 

Postal Service mail, at the National 

Register of Historic Places, 2280, 

National Park Service, 1849 C St., NW., 

Washington, DC 20240; in person (by 

appointment), 1201 Eye St., NW., 8th 

Floor, Washington, DC 20005; by fax, 

202–371–2229; by phone, 202–354– 

2255; or by e-mail, 

Edson_Beall@nps.gov. 

Dated: October 13, 2009. 

J. Paul Loether, 

Chief, National Register of Historic Places/ 

National Historic Landmarks Program. 

Key: State, County, Property Name, Address/ 

Boundary, City, Vicinity, Reference 

Number, Action, Date, Multiple Name. 

IOWA 

Madison County 

Seerley, William and Mary (Messersmith) 

Barn and Milkhouse—Smokehouse, 1840 

137th La., Earlham vicinity, 09000621, 

LISTED, 8/20/09. 

MASSACHUSETTS 

Norfolk County 

Sea Street Historic District, Roughly bounded 

by Bridge, North, Neck Sts., Crescent Rd., 

Pearl St. and rear of Standish St., 

Weymouth, 09000646, LISTED, 8/19/09. 

MINNESOTA 

McLeod County 

Komensky School, 19981 Major Ave., 

Hutchinson vicinity, 09000622, LISTED, 8/ 

20/09. 

Ramsey County 

O’Donnell Shoe Company Building, 509 

Sibley St., St. Paul, 09000623, LISTED, 8/ 

20/09. 

MISSISSIPPI 

Lee County 

Carnation Milk Plant, 520 Carnation St., 

Tupelo, 09000624, LISTED, 8/20/09. 

Marion County 

Columbia North Residential Historic District, 

Roughly bounded by High School and N. 

Main St. on the W. and Park Ave. and 

Branton Ave. on the E., Columbia, 

09000625, LISTED, 8/20/09. 

MISSOURI 

St. Louis Independent City 

Stickney, William A., Cigar Company 

Building, 209 N. 4th St., St. Louis, 

09000627, LISTED, 8/20/09. 

MONTANA 

Missoula County 

Missoula Downtown Historic District, 

Roughly bounded by Northern Pacific RR, 

Clak Fork R, Little McCormick Park and 

Madison St., Missoula, 07000647, LISTED, 

8/21/09. (Missoula MPS.) 

NEW YORK 

Broome County 

Wells, J. Stuart, House, 71 Main St., 

Binghamton, 09000628, LISTED, 8/21/09. 

Chautauqua County 

Wellman Building, The, 101–103 W. 3rd St. 

& 215–217 Cherry St., Jamestown, 

09000629, LISTED, 8/21/09. 

Erie County 

Lafayette Avenue Presbyterian Church, 875 

Elmwood Ave., Buffalo, 09000630, 

LISTED, 8/21/09. 

St. Francis Xavier Roman Catholic Parish 

Complex, 157 East St., Buffalo, 09000631, 

LISTED, 8/20/09. 

Kings County 

Brooklyn Trust Company Building, 177 

Montague St., Brooklyn, 09000632, 

LISTED, 8/20/09. 

Lewis County 

Pine Grove Community Church, Austin Rd. 

& Pine Grove Rd., Pine Grove vicinity, 

09000633, LISTED, 8/20/09. 


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