Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · REGISTER · 2007-01-19 · Fish and Wildlife Service, Interior · Notices

Notices. Notice of receipt of applications for permit

13,168 words·~60 min read·/register/2007/01/19/07-203

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4210-67-M DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of Applications for Permit AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of receipt of applications for permit. SUMMARY: The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals. DATES: Written data, comments or requests must be received by February 20, 2007. ADDRESSES: Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents within 30 days of the date of publication of this notice to:
U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax 703/358-2281. FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: Endangered Species The public is invited to comment on the following applications for a permit to conduct certain activities with endangered species. This notice is provided pursuant to Section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ).
Written data, comments, or requests for copies of these complete applications should be submitted to the Director (address above). Applicant: University of Idaho, Moscow, ID, PRT-130064 The applicant requests a permit to import salvaged hair samples collected from Tibetan brown bears ( *Ursus arctos pruinosus* ) in the wild for the purpose of scientific research. Applicant: Wild Things Unlimited, Bozeman, MT, PRT-137719 The applicant requests a permit to export salvaged hair samples collected from wolves ( *Canis lupus* ) in the wild for the purpose of scientific research.
This notification covers activities to be conducted by the applicant over a five-year period. Applicant: Wildlife Conservation Society, Bronx, NY, PRT-134874 The applicant requests a permit to re-export biological samples obtained from pygmy chimpanzee ( *Pan paniscus* ) previously imported from the Democratic Republic of Congo for the purpose of scientific research on the prevalence of encephalomyocarditis virus. Applicant: Craig P. Grilione, Laton, CA, PRT-142794 The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species.
Applicant: Donna J. Schlattman, Fruitport, MI, PRT-141372 The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. Applicant: Joe Enriquez, Jr., San Antonio TX, PRT-142925 The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species.
Marine Mammals The public is invited to comment on the following application for a permit to conduct certain activities with marine mammals. The application was submitted to satisfy requirements of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), and the regulations governing marine mammals (50 CFR part 18). Written data, comments, or requests for copies of the complete applications or requests for a public hearing on these applications should be submitted to the Director (address above).
Anyone requesting a hearing should give specific reasons why a hearing would be appropriate. The holding of such a hearing is at the discretion of the Director. Applicant: Jeffrey K. Chaulk, Gaylord, MI, PRT-141735 The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Western Hudson Bay polar bear population in Canada for personal, noncommercial use. Dated: December 22, 2006. Michael L. Carpenter, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc.
E7-745 Filed 1-18-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of Applications for Permit AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of receipt of applications for permit. SUMMARY: The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals. DATES: Written data, comments or requests must be received by February 20, 2007. ADDRESSES:
Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents within 30 days of the date of publication of this notice to: U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax 703/358-2281. FOR FURTHER INFORMATION CONTACT:
Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: Endangered Species The public is invited to comment on the following applications for a permit to conduct certain activities with endangered species. This notice is provided pursuant to Section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). Written data, comments, or requests for copies of these complete applications should be submitted to the Director (address above).
Applicant: Zoological Society of San Diego, San Diego, CA, PRT-134875 The applicant request a permit to import three male captive-born greater Indian one-horned rhinoceros ( *Rhinoceros unicornis* ). Two specimens will come from Sanjay Gandhi Biological Park, Bihar, India and one specimen from the National Zoological Park, New Delhi, India for the purpose of enhancement of the species through captive propagation. Applicant: Raymond M. Moses, Davie, FL, PRT-140293 The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species.
Applicant: Scott A. Keyes, Granville, OH, PRT-142713 The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. Applicant: Mitchel Kalmanson, Maitland, FL, PRT-073486 The applicant requests a permit to re-export and re-import one male captive-born tiger ( *Panthera tigris* ), “Fuji”, to worldwide locations for the purpose of enhancement of the species through conservation education.
This notification covers activities to be conducted by the applicant over a three-year period and the import of any potential progeny born while overseas. Marine Mammals The public is invited to comment on the following applications for a permit to conduct certain activities with marine mammals. The applications were submitted to satisfy requirements of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), and the regulations governing marine mammals (50 CFR Part 18).
Written data, comments, or requests for copies of the complete applications or requests for a public hearing on these applications should be submitted to the Director (address above). Anyone requesting a hearing should give specific reasons why a hearing would be appropriate. The holding of such a hearing is at the discretion of the Director. Applicant: Bob Hudson, Oxford, MS, PRT-129586 The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Lancaster Sound polar bear population in Canada for personal, noncommercial use.
Applicant: Kurt A. Fetzer, Chadds Ford, PA, PRT-141741 The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Western Hudson Bay polar bear population in Canada for personal, noncommercial use. Applicant: Philip M. Ripepi, Jefferson Hills, PA, PRT-141939 The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Western Hudson Bay polar bear population in Canada for personal, noncommercial use.
Applicant: Roger Kolassa, Heron, MT, PRT-142186 The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Western Hudson Bay polar bear population in Canada for personal, noncommercial use. Applicant: Philip J. Dunne, Friendswood, TX, PRT-142251 The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Western Hudson Bay polar bear population in Canada for personal, noncommercial use. Applicant:
Gerald W. Schave, Highland, MI, PRT-142252 The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Western Hudson Bay polar bear population in Canada for personal, noncommercial use. Applicant: Russell A. Young, Woodstock, IL, PRT-142450 The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Western Hudson Bay polar bear population in Canada for personal, noncommercial use. Applicant: Chris E.
Klar, McFarland, WI, PRT-142711 The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Western Hudson Bay polar bear population in Canada for personal, noncommercial use. Dated: December 15, 2006. Michael S. Moore, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E7-747 Filed 1-18-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of Applications for Permit AGENCY:
Fish and Wildlife Service, Interior. ACTION: Notice of receipt of applications for permit. SUMMARY: The public is invited to comment on the following applications to conduct certain activities with endangered species. DATES: Written data, comments or requests must be received by February 20, 2007. ADDRESSES: Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents within 30 days of the date of publication of this notice to:
U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax 703/358-2281. FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: Endangered Species The public is invited to comment on the following applications for a permit to conduct certain activities with endangered species. This notice is provided pursuant to Section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ).
Written data, comments, or requests for copies of these complete applications should be submitted to the Director (address above). Applicant: Milwaukee County Zoological Gardens, Milwaukee, WI, PRT-134697 The applicant requests a permit to import one male jaguar ( *Panthera onca* ), originally removed from the wild in Belize as a nuisance animal, from the Belize Zoo for the purpose of enhancement of the survival of the species through captive breeding and public display. Applicant:
The Zoological Society of San Diego, San Diego, CA, PRT 778487 The applicant requests reissuance of their permit for scientific research with four giant pandas ( *Ailuropoda melanoleuca* ) currently held under loan agreement with the Government of China under the provisions of the USFWS Panda Policy. The proposed research will cover all aspects of behavior, reproductive physiology, genetics, nutrition, and animal health and is a continuation of activities currently in progress.
This notification covers activities to be conducted by the applicant over a five-year period. *Applicant: Smithsonian's National Zoological Park, Washington, DC, PRT 700309* The applicant requests amendment of their permit, which allows import, export, re-export and interstate and foreign commerce with biological samples of exotic endangered and threatened species for the purpose of scientific research, to add salvage specimens of the native gray wolf ( *Canis lupus* ) for specific scientific studies into the genetic relationship of the species.
This amendment is for the duration of the permit though 11/13/2010. Applicant: Daniel M. Alegre Sr., Fallon, NV, PRT-141476 The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. Applicant: Gary W. John, Prescott, AZ, PRT-141388 The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species.
Applicant: Molly M. Hedgecock, High Point, NC, PRT-137759 The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. Applicant: Louis M. Blanchard, Las Vegas, NV, PRT-138763 The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species.
Applicant: Thomas R. Lentz, Wichita, KS, PRT-141937 The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. Applicant: Timothy G. Fitzsimmons, Cape Haze, FL, PRT-134393 The applicant requests a permit to import the sport-hunted trophies of two male Formosan sika deer ( *Cervus nippon taiouanus* ) taken in the United Kingdom, for the purpose of enhancement of the survival of the species.
Applicant: Randy Miller's Predators In Action, Big Bear City, CA, PRT-835802, 063077, 012984 The applicant requests permits to export three captive born tigers ( *Panthera tigris* ) to worldwide locations for the purpose of enhancement of the species through conservation education. The permit numbers and animals are: 835802, Shirkon; 063077, Tara; and 012984, name unknown. This notification covers activities to be conducted by the applicant over a three-year period and the import of any potential progeny born while overseas.
Dated: December 8, 2006. Lisa J. Lierheimer, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E7-749 Filed 1-18-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Issuance of Permits AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of issuance of permit for marine mammals. SUMMARY: The following permit was issued. ADDRESSES: Documents and other information submitted with this application are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents to:
U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax 703/358-2281. FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: Notice is hereby given that on the dates below, as authorized by the provisions of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), the Fish and Wildlife Service issued the requested permit(s) subject to certain conditions set forth therein.
Marine Mammals Permit No. Applicant Receipt of application Federal Register notice Permit issuance date 130727 Bradford T. Black 71 FR 60561; October 13, 2006 December 6, 2006. Dated: December 22, 2006. Michael L. Carpenter, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E7-746 Filed 1-18-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Issuance of Permits AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of issuance of permits for marine mammals. SUMMARY: The following permits were issued. ADDRESSES: Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents to: U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax 703/358-2281.
FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: Notice is hereby given that on the dates below, as authorized by the provisions of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), the Fish and Wildlife Service issued the requested permits subject to certain conditions set forth therein. Marine Mammals Permit No. Applicant Receipt of application Federal Register notice Permit issuance date 125911 Craig A.
Stanley 71 FR 42409; July 26, 2006 November 20, 2006. 130149 Kevin T. Klumper 71 FR 60564; October 13, 2006 December 5, 2006. 130438 William I. Morgan, Jr. 71 FR 60564; October 13, 2006 December 8, 2006. 132483 Hartwell N. Riser, Jr. 71 FR 60561; October 13, 2006 December 1, 2006. Dated: December 15, 2006. Michael S. Moore, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E7-750 Filed 1-18-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Service Regulations Committee Meeting AGENCY:
Fish and Wildlife Service, Interior. ACTION: Notice of meeting. SUMMARY: The Fish and Wildlife Service (hereinafter Service) will conduct an open meeting on February 8, 2007, to identify and discuss preliminary issues concerning the 2007-08 migratory bird hunting regulations. DATES: The meeting will be held February 8, 2007. ADDRESSES: The Service Regulations Committee will meet at the Embassy Suites Hotel, Denver—International Airport, 7001 Yampa Street, Denver, Colorado,
(303)574-3000. FOR FURTHER INFORMATION CONTACT: Robert Blohm, Acting Chief, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, Department of the Interior, ms MBSP-4107-ARLSQ, 1849 C Street, NW., Washington, DC 20240,
(703)358-1714. SUPPLEMENTARY INFORMATION: Under the authority of the Migratory Bird Treaty Act (16 U.S.C. 703-712), the U.S. Fish and Wildlife Service regulates the hunting of migratory game birds. We update the migratory game bird hunting regulations, located at 50 CFR part 20, annually. Through these regulations, we establish the frameworks, or outside limits, for season lengths, bag limits, and areas for migratory game bird hunting. To help us in this process, we have administratively divided the nation into four Flyways (Atlantic, Mississippi, Central, and Pacific), each of which has a Flyway Council. Representatives from the Service, the Service's Migratory Bird Regulations Committee, and Flyway Council Consultants will meet on February 8, 2007, at 8:30 a.m. to identify preliminary issues concerning the 2007-08 migratory bird hunting regulations for discussion and review by the Flyway Councils at their March meetings. In accordance with Departmental policy regarding meetings of the Service Regulations Committee attended by any person outside the Department, these meetings are open to public observation. Dated: December 11, 2006. Paul R. Schmidt, Assistant Director, Migratory Birds, U.S. Fish and Wildlife Service. [FR Doc. E7-753 Filed 1-18-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Availability of Draft Report of Findings Under the Native American Graves Protection and Repatriation Act on a Feathered Headdress in the Possession of the Department of the Interior, Fish and Wildlife Service, Washington, DC AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability. SUMMARY: Notice is hereby given in accordance with provisions of the Native American Graves Protection and Repatriation Act (NAGPRA) of the availability of the Report of Findings on a feathered headdress in the possession of the U.S. Fish and Wildlife Service (Service) and in the control of the Department of the Interior (DOI). This notice is given so that the Service may continue to fulfill its obligations under NAGPRA by distributing its findings for review by all interested parties. Copies of this report have already been provided to the requesting Tribes. DATES: We must receive comments by February 20, 2007. ADDRESSES: Please submit written comments to the Assistant Director, National Wildlife Refuge System, 1849 C Street, NW., Washington, DC 20240, attention: Eugene Marino or by FAX
(703)358-2517. FOR FURTHER INFORMATION CONTACT: Mr. Eugene Marino, Service Archaeologist,
(703)358-2173. SUPPLEMENTARY INFORMATION: The object in question is a feathered headdress that was forfeited to the United States Government in November 2001 as part of a guilty plea agreement resulting from an attempt to sell it in violation of Sections 703 and 707(a) of the Migratory Bird Treaty Act (16 U.S.C. 703-711). After consulting with various parties, the United States District Court for the Eastern District of Pennsylvania ruled that the forfeited object would be turned over to the Department of the Interior for care and disposition under the Native Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3001, *et seq.* , and as codified in 43 CFR 10.8. The headdress is ornamented with golden eagle feathers and is now under the control of the DOI and in the possession of the Service. An initial assessment of the object indicates that it was likely manufactured during the first decade of the 20th Century. Documentation submitted to the Court during the trial alleges that the headdress was manufactured for use in “The Last Pow-Wow,” a gathering of tribal chiefs, which occurred in 1907 in Collinsville, Indian Territory, which is now the State of Oklahoma. The Comanche Chief Quannah Parker purportedly offered the headdress to the Apache Chief Geronimo for use during the event. Other documentation submitted for the Court's consideration alleges that Chief Geronimo took possession of the headdress and subsequently gave it to his Government escort, Jack Moore, as an act of friendship. After Geronimo's death in 1909, Jack Moore allegedly gave the headdress to an acquaintance, whose family retained the object until an attempt was made to sell it illegally in 1999. The Report of Findings documents the review of the headdress under NAGPRA for two claims received, one by the Comanche Nation and the other by the Mescalero Apache. The Report notes that for the Comanche Nation, the preponderance of evidence submitted to the Service does not indicate a relationship of shared group identity between the present day tribe—the Comanche Nation—and an identifiable earlier group—the Chiricahua Apache—with whom the headdress is associated [43 CFR 10.2
(4)and (4e)]. Given the inability of the Comanche to provide evidence supporting their assertion of cultural affiliation, the Service is unable to evaluate their claim for the headdress as an object of cultural patrimony under NAGPRA. The report notes that for the Mescalero Apache, the preponderance of evidence submitted to the Service does indicate a relationship of shared group identity between an identifiable earlier group—the Chiricahua Apache—with whom the headdress is associated [43 CFR 10.2 4 and e] and the Mescalero Apache—the present day tribe culturally affiliated to the object. The Service evaluation of the headdress as an object of cultural patrimony for the Mescalero Apache finds that the headdress does not meet the definition of an object of cultural patrimony under NAGPRA (43 CFR 10.4). Evidence provided to support the request connects the headdress to Geronimo—a member of the Chiricahua Apache—and asserts that the headdress was `constructed' solely for distribution to attendees of the 1907 Pow Wow and was given to Geronimo in that capacity. The Service continues to manage the object as a forfeited item and has not accessioned it into the Service's Museum Property inventory. Although evidence collected as part of the NAGPRA Report of Findings does not support a decision to repatriate the headdress to the Mescalero Apache or Comanche Nation as an “object of cultural patrimony,” the Service intends to transfer the headdress to both Tribes following procedures under 50 CFR Subpart D 12.33. This regulation permits the donation of forfeited items for scientific, educational, or public display purposes to any person who demonstrates the ability to provide adequate care and security for the object. A 2003 Compromise and Settlement Agreement signed by both Tribes stipulates terms of care and security for the object that follow standards established by the American Association of Museums (AAM). The Service finds this agreement to be satisfactory to ensuring the necessary level of care and security for the headdress as required under 50 CFR part 12. The announcement of this report makes available our draft findings for review by interested parties and continues to fulfill the Service's requirements under NAGPRA and announces our intentions for disposition. Dated: January 9, 2007. Kenneth Stansell, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. E7-759 Filed 1-18-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Gaming on Trust Lands Acquired After October 17, 1988; Submission to the Office of Management and Budget AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the Bureau of Indian Affairs
(BIA)is submitting the information collection request for review and renewal by the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB). The collection is: Gaming on Trust Lands Acquired after October 17, 1988, OMB Control Number 1076-0158. DATES: Submit your comments and suggestions on or before February 20, 2007 to be assured of consideration. ADDRESSES: Written comments should be sent directly to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Desk Officer for the Department of the Interior, either by facsimile at 202-395-6566 or by e-mail at *OIRA_DOCKET@omb.eop.gov* . Send a copy of your comments to: Mr. George Skibine, Bureau of Indian Affairs, Office of Indian Gaming, Mail Stop 3657-MIB, 1849 C Street, NW., Washington, DC 20240. FOR FURTHER INFORMATION CONTACT: Interested persons may obtain copies of the information collection requests without charge by contacting George Skibine at 202-219-4066 or facsimile number 202-273-3153. SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 provides an opportunity for interested parties to comment on proposed information collection requests. We did not receive any comments during the request for comments period published October 25, 2006 (71 FR 62486). The Bureau of Indian Affairs, Office of Indian Gaming, is proceeding with requesting an information collection clearance from OMB. Each request contains
(1)Type of review,
(2)title,
(3)summary of the collection,
(4)respondents,
(5)frequency of collection,
(6)reporting and record keeping requirements. Please note that we will not sponsor nor conduct, and you need not respond to, a request for information unless we display the OMB control number and the expiration date. Gaming on Trust Lands Acquired After October 17, 1988 *Type of review:* Renewal. *Title:* Gaming on Trust Lands Acquired after October 17, 1988, 25 CFR 292. *Summary:* The collection of information will ensure that the provisions of the Indian Gaming Regulatory Act, the relevant provisions of State laws, Federal law and the trust obligations of the United States are met when federally recognized tribes seek a secretarial determination that a gaming establishment would be in the best interest of the tribe and would not be detrimental to the surrounding community. Section 292.8 specifies the information collection requirement. An Indian tribe must ask the Secretary to make a determination that a gaming establishment would be in the best interest of the tribe and would not be detrimental to the surrounding community. The information to be collected includes: name of tribe, tribal documents, description of the land to be acquired, proof of ownership, distance of land from the Indian tribe's reservation or trust lands and other documents deemed necessary. Collection of this information is currently authorized under an approval by OMB (OMB Control Number 1076-0158). All information is collected when the tribe submits a request for a secretarial determination that a gaming establishment would be in the best interest of the tribe and would not be detrimental to the surrounding community. Annual reporting and record keeping burden for this collection of information is estimated to average 1,000 hours each from approximately 2 respondents, including the time for reviewing instructions, researching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information, thus, the total annual reporting and record keeping burden for this collection is estimated to be 2,000 hours. *Frequency of Collection:* On occasion. *Description of Respondents:* Federally recognized tribes. *Total Respondents:* 2. *Response Hours per Application:* 1000. *Total Annual Burden Hours:* 2,000 hours. Request for Comments The Bureau of Indian Affairs solicits comments in order to:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the bureau, including whether the information will have practical utility;
(2)Evaluate the bureau's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility and clarity of the information to be collected; and
(4)Minimize the burden of the collection of the information on those who are to respond. The Office of Management and Budget has 60 days in which to determine whether the collection will be renewed but may make a decision after 30 days. Therefore, to receive the most consideration, comments should be sent closer to 30 days than 60 days after the notice is published in the **Federal Register** . Dated: December 20, 2006. Michael D. Olsen, Principal Deputy Assistant Secretary—Indian Affairs. [FR Doc. E7-758 Filed 1-18-07; 8:45 am] BILLING CODE 4310-4N-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Notice of Availability of Draft Environmental Impact Statement for the Proposed Transfer From Fee-to-Trust Land of Oneida Indian Nation of New York Land in Oneida and Madison Counties, New York; Additional Public Hearing and Extension of Comment Period AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of additional public hearing and extension of comment period. SUMMARY: This notice advises the public that the Bureau of Indian Affairs
(BIA)will be holding an additional public hearing to receive comments on its Draft Environmental Impact Statement
(DEIS)for the proposed fee-to-trust transfer of Oneida Indian Nation of New York land in Oneida and Madison Counties, New York. This notice also reminds the public that the public comment period for the DEIS has been extended to February 22, 2007, as announced in the **Federal Register** on January 5, 2007, by the Environmental Protection Agency (EPA), and in local media by the BIA. The EPA's original notice of availability for the DEIS and the BIA's supplement to the EPA notice, both of which were published in the **Federal Register** on November 24, 2006, announced a closing date for comments of January 8, 2007. DATES: Written comments on the DEIS must arrive by February 22, 2007. The public hearing will be held February 6, 2007, from 6 p.m. to 10 p.m., or until everyone who wishes to do so has the opportunity to speak. ADDRESSES: You may mail, hand carry or fax written comments to Mr. Franklin Keel, Regional Director, Eastern Region, Bureau of Indian Affairs, 545 Marriott Drive, Suite 700, Nashville, Tennessee 37214, Fax
(615)564-6701. Please include your name, return address and the caption, “DEIS Comments, Oneida Indian Nation of New York Trust Acquisition Project,” on the first page of your written comments. Electronic submission is not available. The public hearing will be at the Vernon-Verona-Sherrill School, 5275 State Route 31, Verona, New York 13478. Copies of the DEIS are available for viewing at Web site *http://www.oneidanationtrust.net* and at the following locations:
(1)Oneida Nation Annex Building, 579A Main Street, Oneida, New York 13421 (10 a.m. to 4 p.m. Monday through Friday except holidays);
(2)Oneida City Hall, 109 N. Main Street, Downstairs Basement Room, Oneida, New York 13421; and
(3)Town of Verona Town Hall, 6600 Germany Road, Back Conference Room, Durhamville, New York 13054. FOR FURTHER INFORMATION CONTACT: Kurt G. Chandler,
(615)564-6832. SUPPLEMENTARY INFORMATION: The proposed action is to transfer approximately 17,370 acres of Oneida Indian Nation-owned land in Madison and Oneida Counties, New York, from fee to trust status for the benefit of the Nation. Details on the proposed action and DEIS contents may be found in the above-referenced Notice published in the **Federal Register** on November 24, 2006 (71 FR 67896). Public Comment Availability Comments, including names and addresses of respondents, will be available for public review at the BIA address shown in the ADDRESSES section, during regular business hours, 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. Individual respondents may request confidentiality. If you wish us to withhold your name and/or address from public review or from disclosure under the Freedom of Information Act, you must state this prominently at the beginning of your written comment. Such requests will be honored to the extent allowed by law. We will not, however, consider anonymous comments. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public inspection in their entirety. Authority This notice is published in accordance with section 1503.1 of the Council on Environmental Quality Regulations (40 CFR parts 1500 through 1508) implementing the procedural requirements of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 *et seq.* ), the Department of the Interior Manual (516 DM 1-6), and is in the exercise of authority delegated to the Principal Deputy Assistant Secretary—Indian Affairs by 209 DM 8. Dated: January 9, 2007. Michael D. Olsen, Principal Deputy Assistant Secretary—Indian Affairs. [FR Doc. E7-743 Filed 1-18-07; 8:45 am] BILLING CODE 4310-W7-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs The Pokagon Band of Potawatomi Indians of Michigan Liquor Control Ordinance AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. SUMMARY: This notice publishes the Liquor Control Ordinance of the Pokagon Band of Potawatomi Indians of Michigan (Tribe). The Ordinance regulates and controls the possession, sale and consumption of liquor within the Pokagon Band of Potawatomi Indians Reservation. This reservation is described as “all lands, the title to which is held in trust by the United States for the benefit of the Pokagon Band of Potawatomi Indians; and * * * all lands * * * part of the Tribe's reservation.” This ordinance, however, applies only to the Tribe's reservation lands within the State of Michigan. This Ordinance allows for possession and sale of alcoholic beverages within the Pokagon Band of Potawatomi Indians 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 January 19, 2007. FOR FURTHER INFORMATION CONTACT: David Christensen, Regional Tribal Operations Officer, Bureau of Indian Affairs, Midwest Regional Office, Bishop Henry Whipple Federal Building, One Federal Drive, Room 550, Ft. Snelling, MN 55111, Telephone:
(612)725-4554, Fax 612-713-4401; or Ralph Gonzales, Office of Indian Services, 1849 C Street NW., Mail Stop 4513-MIB, Washington, DC 20240, Telephone:
(202)513-7629. SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the Supreme Court in *Rice* v. *Rehner,* 463 U.S. 713 (1983), the Secretary of the Interior shall certify and publish in the **Federal Register** notice of adopted liquor ordinances for the purpose of regulating liquor transactions in Indian country. The Pokagon Band of Potawatomi Indians Tribal Council adopted its Liquor Ordinance by Resolution No. 06-09-09-12 on September 9, 2006. The purpose of this Ordinance is to govern the sale, possession and distribution of alcohol within Tribal lands. The Pokagon Band of Potawatomi Indians does not have an existing Liquor Control Ordinance. 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 Pokagon Band of Potawatomi Indians was duly adopted by the Pokagon Band of Potawatomi Indians Tribal Council on September 9, 2006. Dated: January 12, 2007. Michael D. Olsen, Principal Deputy Assistant Secretary—Indian Affairs. The Pokagon Band of Potawatomi Indians of Michigan Liquor Control Ordinance reads as follows: Pokagon Band of Potawatomi Indians of Michigan and Indiana Liquor Control Code *Section 1 Legislative Findings.* The Pokagon Band Tribal Council hereby finds as follows:
(a)The importation, distribution, manufacture, and sale of alcoholic liquor for commercial purposes on the Tribe's Reservation is a matter of special concern to the Tribe.
(b)Federal law as embodied in 18 U.S.C. 1161 provides that certain sections of the United States Code, commonly referred to as Federal Indian Liquor Laws, shall not apply to any act or transaction within any area of Indian country, provided such act or transaction is in conformity with both the laws of the state in which such act or transaction occurs, and with an act duly adopted by the tribe having jurisdiction over such area of Indian country. *Section 2 Declaration of Policy.*
(a)The Council hereby declares that the policy of the Tribe is to eliminate the problems associated with unlicensed, unregulated, and unlawful importation, distribution, manufacture, and sale of alcoholic liquor for commercial purposes on the Reservation, and to promote temperance in the use and consumption of alcoholic liquor by establishing and enforcing Tribal regulation over such activities on the Reservation.
(b)The importation, distribution, manufacture, and sale of alcoholic liquor for commercial purposes on the Reservation shall be lawful, provided that such activity is conducted by the Tribe or by an authorized Tribal enterprise, and is in conformity with this Code. Such conditions are necessary to increase the Tribe's ability to control and regulate the distribution, sale, and possession of alcoholic liquor, while at the same time provide an important and necessary source of revenue for continued operation of the Tribal government and delivery of Tribal governmental services. *Section 3 Authority.* The Council has authority to adopt this Liquor Control Code (“Code”) pursuant to the authority and powers vested in it by Article IX, subsections 2 (a), 2 (e), 2 (i), and 2 (j), of the Tribal Constitution and the inherent authority of the Band as a sovereign tribal nation to provide for the health, safety, and welfare of the Pokagon Band. Further, the Supreme Court held in *United States* v. *Mazurie,* 419 U.S. 544 (1975), that Congress through 18 U.S.C. 1161 delegated to Indian tribes authority to control the introduction, distribution, and consumption of alcoholic liquor within Indian country. *Section 4 Short Title.* This Code shall be known and cited as the “Pokagon Band Liquor Control Code.” *Section 5 Purpose.* The purpose of this Code is to prohibit the importation, manufacture, distribution, and sale of alcoholic liquor for commercial purposes on the Reservation except pursuant to a license issued by the Commission under the provisions of this Code and other Tribal laws. *Section 6 Application of 18 U.S.C. 1161.* The importation, manufacture, distribution, and sale of alcoholic liquor for commercial purposes on the Reservation shall be “in conformity with” this Code and the laws of the State of Michigan as that phrase is used in 18 U.S.C. 1161. *Section 7 Incorporation by Reference of Michigan Laws.*
(a)In accordance with 18 U.S.C. 1161, the Tribe hereby adopts and applies as Tribal law those Michigan laws, as amended, relating to the sale and regulation of alcoholic liquor encompassing the following areas: Sale to a minor; sale to a visibly intoxicated individual; sale of adulterated or misbranded liquor; hours of operation; and similar substantive provisions, including such other laws prohibiting the sale of alcoholic liquor to certain categories of individuals. Said Tribal laws which are defined by reference to the substantive areas of Michigan laws referred to in this section shall apply in the same manner and to the same extent as such laws apply elsewhere in Michigan to off-Reservation transactions unless otherwise agreed by the Tribe and State; provided, that nothing in this Code shall be construed as a consent by the Tribe to the jurisdiction of the State of Michigan or any of its courts or subordinate political subdivisions or municipalities within the Reservation over any activity arising under or related to the subject of this Code nor shall anything in this Code constitute an express or implied waiver of the sovereign immunity of the Tribe.
(b)The Tribe, for resale by the Tribe, shall purchase spirits from the Michigan Liquor Control Commission, and beer and wine from distributors licensed by the Michigan Liquor Control Commission, at the same price and on the same basis that such beverages are purchased by similar licensees.
(c)In the event of any conflict or inconsistency between “adopted and applied” Michigan laws and this Code, the provisions of this Code shall govern.
(d)Whenever such Michigan laws are incorporated herein by reference, amendments thereto shall also be deemed to be incorporated upon their effective date in the State of Michigan without further action by the Council. *Section 8 General Provisions.*
(a)*Sales Limited To Permitted Hours.* No alcoholic liquor shall be sold, served, or allowed to be consumed on any premises licensed under this Code other than during the hours permitted by Tribal law and the license.
(b)*Sale to Obviously Intoxicated Person.* It shall be a violation of this Code to sell or furnish for consumption on the licensed premises any alcoholic liquor to any person who is obviously intoxicated at the time. As used in this subsection, “obviously intoxicated” means inebriated to the extent that a person's physical faculties are substantially impaired and the impairment is shown by significantly uncoordinated physical action or significant physical dysfunction that would have been obvious to a reasonable person.
(c)*Distribution off premises.* No person licensed under this Code shall distribute or deliver any alcoholic liquor off the premises described in the license.
(d)*Sale or possession with intent to sell without a license.* Any person who shall sell or offer for sale or distribute or transport in any manner, any alcoholic liquor in violation of this Code, or who shall have alcoholic liquor in his possession with intent to sell or distribute on the Reservation without a license issued pursuant to this Code shall be guilty of a violation of this Code.
(e)*Purchases from other than licensed entities or premises.* Any person who, on the Reservation or within its boundaries, buys alcoholic liquor from any person other than a licensed entity or premises shall be guilty of a violation of this Code.
(f)*Consumption or possession of alcoholic liquor by persons under 21 years of age.* No person under the age of 21 years shall consume or purchase any alcoholic liquor on the Reservation or within its boundaries. No person under the age of 21 years shall have for personal consumption any alcoholic liquor in his or her possession on the Reservation or within its boundaries. No person shall permit any other person under the age of 21 years to consume alcoholic liquor on his or her premises or any premises under his or her control except as expressly permitted under this Code. Upon any attempt to purchase alcoholic liquor on a premises licensed under this Code by a person who appears may be younger than twenty-one
(21)years of age, the vendor shall demand, and the prospective purchaser upon such demand shall display, satisfactory evidence that he or she is of legal age. Any person violating this Section shall be guilty of a separate violation of this Code for each and every alcoholic liquor beverage consumed, acquired, or possessed.
(g)*Sales of Alcoholic Liquor to persons under 21 years of age.* It shall be a violation of this Code to sell or furnish any alcoholic liquor to a person unless that person has attained 21 years of age. Persons selling alcoholic liquor shall make a diligent inquiry as to whether the purchaser is at least 21 years of age. For purposes of this subsection, the term “diligent inquiry” means a diligent, good faith effort to determine the age of the purchaser, which includes at least an examination of such person's personal identification to establish the identity and age of the purchaser. Any person who shall sell or provide alcoholic liquor to any person under the age of 21 years shall be guilty of a violation of this Code for every sale or drink provided.
(h)*Transfer of identification to a minor.* Any person who transfers in any manner an identification of age to a minor for the purpose of permitting such minor to obtain alcoholic liquor shall be guilty of an offense; provided, that corroborative testimony of a witness other than the minor shall be required for any finding of a violation of this Code.
(i)*Use of False or Altered Identification.* Any person who attempts to purchase an alcoholic liquor beverage through the use of a false or altered identification shall be guilty of violating this Code.
(j)*Acceptable Identification.* Where there may be a question of a person's right to purchase alcoholic liquor by reason of his or her age, such person shall be required to present identification in one of the following forms that displays his or her correct age, signature and photograph:
(1)A driver's license or identification card issued by any state or U.S. territory;
(2)United States active duty military ID;
(3)A passport issued by the Unites States or any foreign country; or
(4)A Tribal identification card or other tribal identification card recognized by the Commission.
(k)*Sale of Adulterated or Mislabeled Liquor.* It shall be a violation of this Code for any person, by himself or by his agent or employee, to sell, offer for sale, or possess any alcoholic liquor that is adulterated or misbranded or any alcoholic liquor in bottles that have been refilled. For the purposes of this Section, alcoholic liquor shall be deemed adulterated if it contains any liquids or other ingredients not placed there by the original manufacturer or bottler. For the purposes of this Section, alcoholic liquor shall be deemed misbranded when not plainly labeled, marked or otherwise designated. For the purposes of this section, alcoholic liquor bottles shall be deemed to be refilled when the bottles contain any liquid or other ingredient not placed in the bottles by the original manufacturer. *Section 9 Administration of Code.* The Gaming Commission shall exercise all of the powers and accomplish all of the purposes as set forth in this Code, including the following actions:
(a)Adopt and enforce rules and regulations for the purpose of implementing and enforcing this Code, which includes the setting of fees, provided that the Gaming Commission shall provide a minimum public notice and opportunity to comment of sixty
(60)days on any proposed rule or regulation before such rule or regulation becomes final and enforceable;
(b)Execute all necessary documents; and
(c)Perform all matters and things incidental to and necessary to conduct its business and carry out its duties and functions under this Code. *Section 10 Applicability Within the Reservation.* This Code shall apply to all persons on or within the boundaries of the Reservation, consistent with applicable federal laws. *Section 11 Definitions.* For the purposes of this Code, words in the present tense include the future; the masculine includes the feminine; the singular includes the plural; and the plural includes the singular. The word “shall” is mandatory and the word “may' is permissive. In construing the provisions of this Code, the following words or phrases shall have the meaning designated unless a different meaning is expressly provided or the context clearly indicates otherwise:
(a)“Alcohol” means the product of distillation of fermented liquid, whether or not rectified or diluted with water, but does not mean ethyl or industrial alcohol, diluted or not, that has been denatured or otherwise rendered unfit for beverage purposes.
(b)“Alcoholic liquor” or “liquor” means any spirituous, vinous, malt, or fermented liquor, liquids and compounds, whether or not medicated, proprietary, patented, and by whatever name called, containing one half of one percent ( 1/2 of 1%) or more of alcohol by volume which is fit for use for beverage purposes. The following eight sub-classifications comprise the entire universe of alcoholic liquor: beer, wine, spirits, alcohol, sacramental wine, brandy, mixed wine drink, and mixed spirit drink. Alcoholic liquor does not include the exceptions set forth in Mich. Comp. Laws § 436.4.
(c)“Applicant” means any person who submits an application to the Tribe for a liquor license and who has not yet received such a license.
(d)“Beer” means any beverage obtained by alcoholic fermentation of an infusion or decoction of barley, malt, hops, or other cereal in potable water.
(e)“Brandy” means an alcoholic liquor as defined in the federal regulations, 27 CFR § 5.22(d) (1980).
(f)“Commission” and “Gaming Commission” as used throughout this Code means the Gaming Regulatory Committee first established by the Pokagon Gaming Regulatory Act, as amended, and any other Tribal commission, committee, board or other entity delegated authority by the Council to regulate Tribal gaming activities on the Reservation.
(g)“Constitution” and “Tribal Constitution,” as used throughout this Code, means the Constitution of the Pokagon Band of Potawatomi Indians of Michigan and Indiana, adopted on November 1, 2005 and approved by the Secretary of the Interior on December 16, 2005, including all subsequent amendments ratified and approved pursuant to Tribal and federal law.
(h)“Council” and “Tribal Council” means the elected Tribal Council of the Pokagon Band of Potawatomi Indians acting as the governing body of the Tribe pursuant to the Tribe's Constitution.
(i)“License” means a liquor license issued by the Gaming Commission under the provisions of this Code authorizing the importation, manufacture, distribution, or sale of alcoholic liquor for commercial purposes on or within the Reservation consistent with federal law.
(j)“Licensee” means any holder of a liquor license issued by the Tribe and includes any employee or agent of the Licensee.
(k)“Manufacturer” means any person engaged in the manufacture of alcoholic liquor.
(l)“Mixed wine drink” means a drink or similar product marketed as a wine cooler and containing less than seven percent (7%) alcohol by volume, consisting of wine and plain, sparkling, or carbonated water and containing any one
(1)or more of the following: Nonalcoholic liquor; flavoring; coloring materials; fruit juices; fruit adjuncts; sugar; carbon dioxide; or preservatives.
(m)“Mixed spirit drink” means a drink produced and packaged or sold by a mixed spirit drink manufacturer or an out-of-state seller of mixed spirit drink which contains ten percent (10%) or less alcohol by volume consisting of distilled spirits mixed with nonalcoholic liquor or flavoring or coloring materials and which may also contain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, or preservatives.
(n)“Person” means any individual, whether Indian or non-Indian, receiver, assignee, trustee in bankruptcy, trust estate, tribe, firm, partnership, joint corporation, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, non-profit, or otherwise, and any other Indian tribe, band, or group, whether recognized by the United States or otherwise. The term shall also include any Tribal enterprise and licensee.
(o)“Purchase” means to acquire, by sale or otherwise, individual possession, ownership, or rights to goods or services.
(p)“Reservation” means: pursuant to 25 U.S.C. § 1300j-5 or other applicable federal law,
(i)all lands, the title to which is held in trust by the United States for the benefit of the Pokagon Band of Potawatomi Indians; and
(ii)all lands proclaimed by the Secretary of the Interior to be part of the Tribe's reservation. The term Reservation includes any rights-of-way running through the Reservation.
(q)“Secretary of the Interior” means the Secretary of the United States Department of the Interior.
(r)“Sacramental wine” means wine containing not more than twenty-four percent (24%) of alcohol by volume and is used for sacramental purposes.
(s)“Sale” means the exchange, barter, traffic, furnishing, or giving away for commercial purposes of possession, ownership, or rights to goods or services.
(t)“Spirits” means any beverage which contains alcohol obtained by distillation, mixed with potable water or other substances, or both, in solution, and includes wine containing an alcoholic content of more than twenty-one percent (21%) by volume, except sacramental wine and mixed spirit drink.
(u)“Tribal Court” means the Tribal Court of the Pokagon Band of Potawatomi Indians.
(v)“Tribal enterprise” means the Tribe or any activity or business owned, managed, or controlled by the Tribe or any agency, subordinate organization, or other entity of the Tribe, where the organic documents establishing such enterprise expressly allow for the sale of alcoholic liquor.
(w)“Tribal law” means the Tribal Constitution and all laws, acts, codes, and resolutions now and hereafter duly enacted by the Tribal Council and any rules or regulations duly promulgated by the Gaming Commission pursuant to this Code.
(x)“Tribe” means, and “Tribal” refers to, the Pokagon Band of Potawatomi Indians of Michigan and Indiana.
(y)“Wine” means the product made by the normal alcoholic fermentation of the juice of sound, ripe grapes, or any other fruit with the usual cellar treatment, and containing not more than twenty-one percent (21%) of alcohol by volume, including fermented fruit juices other than grapes and mixed wine drinks. *Section 12 Interpretation and Findings.* The Gaming Commission in the first instance may interpret any ambiguities contained in this Code. *Section 13 Liberal Construction.* The provisions of this Code shall be liberally construed to achieve the purposes set forth, whether clearly stated or apparent from the context of the language used herein. *Section 14 Computation of Time.* Unless otherwise provided in this Code, in computing any period of time prescribed or allowed by this Code, the day of the act, event or default from which the designated period time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. For the purposes of this Code, the term “legal holiday” shall mean all legal holidays under Tribal law. *Section 15 Prohibition of Unlicensed Sale of Alcoholic Liquor.* This Code prohibits the importation, manufacture, distribution, or sale of alcoholic liquor for commercial purposes other than where conducted by a Tribal enterprise in accordance with this Code. No license shall be issued to any person or entity other than a Tribal enterprise. The federal liquor laws are intended to remain applicable to any act or transaction that is not authorized by this Code, and violators shall be subject to federal law. Consistent with *United States* v. *Wheeler* , 435 U.S. 313 (1978), nothing shall prevent both federal and Tribal jurisdiction to enforce this Code. *Section 16 Sales of Alcoholic Liquor.*
(a)Sales for Cash. All alcoholic liquor sales on the Reservation or within its boundaries shall be on a cash or cash equivalent basis, including the use of ATM cards, debit cards, checks, major credit cards, or other instruments approved by the Gaming Commission.
(b)Sales for Personal Consumption. All alcoholic liquor sales shall be for the personal use and consumption by the purchaser. Resale of any alcoholic liquor purchased on the Reservation or within its boundaries is prohibited. Any person not licensed pursuant to this Code who purchases alcoholic liquor on the Reservation and sells it, whether in the original container or not, shall be guilty of a violation of this Code. *Section 17 Authorization to Sell Alcoholic Liquor.* Any Tribal enterprise applying for and obtaining a license under the provisions of this Code shall have the right to engage only in those alcoholic liquor transactions expressly authorized by such license and only at those specific places or areas designated in said license. *Section 18 Limitation of the Commission's Powers.* The Commission's powers under this Code shall be limited as follows:
(a)The Commission may only issue a license permitting the sale of alcoholic liquor on those areas of the Reservation where such activities have been authorized by the Tribal Council.
(b)In the exercise of its powers and duties under this Code, the Commission and its individual members shall not accept any gratuity, compensation, or other things of greater than nominal value from any alcoholic liquor producer, wholesaler, retailer, or distributor or from any liquor licensee provided that if other enactments of law by the Tribal Council provide more stringent ethics standards, such other standards shall apply. *Section 19 Classes of Licenses.* The Commission shall have the authority to issue any one or more of the following classes of liquor licenses within the Reservation:
(a)“Retail on-sale general license” means a license authorizing the applicant to sell alcoholic liquor at retail to be consumed by the buyer only on the premises or at the location designated in the license. This class includes, without limitation, hotels where alcoholic liquor may be sold for consumption on the premises and in the rooms of bona fide registered guests.
(b)“Retail on-sale beer and wine license” means a license authorizing the applicant to sell beer and wine at retail to be consumed by the buyer only on the premises or at the location designated in the license. This class includes, without limitation, hotels where beer and/or wine may be sold for consumption on the premises and in the rooms of bona fide registered guests.
(c)“Retail off-sale general license” means a license authorizing the applicant to sell alcoholic liquor at retail to be consumed by the buyer off of the premises or at a location other than the one designated in the license.
(d)“Retail off-sale beer and wine license” means a license authorizing the applicant to sell beer and wine at retail to be consumed by the buyer off of the premises or at a location other than the one designated in the license.
(e)“Manufacturer's license” means a license authorizing the applicant to manufacture alcoholic liquor for the purpose of sale on the Reservation.
(f)“Temporary license” means a license authorizing the sale of alcoholic liquor on a temporary basis for premises temporarily occupied by the licensee for a picnic, social gathering, or similar occasion. The Commission may, by appropriate Commission action, limit or restrict the number of licenses issued or in effect in its sole discretion. *Section 20 Application Form and Content.* An application for a license shall be made to the Commission and shall contain the following information:
(a)The name and address of the licensee, including the names and addresses of all of the principal officers and directors, and other employees with primary management responsibility related to the sale of alcoholic liquor;
(b)The specific area, location, and/or premise(s) sought to be licensed;
(c)The class of liquor license applied for (e.g., retail on-sale general license, etc.);
(d)Whether a state liquor license has been issued to the applicant;
(e)A sworn statement by the applicant to the effect that none of the applicant's officers and directors, and employees with primary management responsibility related to the sale of alcoholic liquor were ever convicted of a felony under any law and have not violated and will not violate or cause or permit to be violated any of the provisions of this Code; and
(f)The application shall be verified under oath and notarized by a duly authorized representative. *Section 21 Transfer of License.* Each license issued or renewed under this Code is separate and distinct and is transferable from one licensee to another and/or from one premises to another only with the approval of the Gaming Commission. The Commission shall have the authority to approve, deny, or approve with conditions any application for the transfer of any license. The transfer application shall contain all of the information required of an original applicant under Section 20 of this Code and shall be signed by both the licensee and transferee. In the case of a transfer to a new premises, the application shall contain an exact description of the location where the alcoholic liquor is proposed to be sold. *Section 22 Term and Renewal of License.* All licenses shall be issued on a calendar year basis and shall be renewed annually. The applicant shall renew a license by, prior to the license's expiration date, submitting a written renewal application to the Gaming Commission on the provided form, and paying the annual license fee for the next year. *Section 23 Investigation.* Upon receipt of an application for the issuance, renewal, or transfer of a license, the Gaming Commission shall make a thorough investigation to determine whether the applicant and the premises for which a license is applied for qualify for a license. The Commission shall investigate all matters related to the eligibility of the applicant and the premises for a license under the requirements of this Code, including matters that may affect public health, safety, or welfare. The Commission shall specifically conclude whether the provisions of this Code have been complied with by the applicant and the premises. *Section 24 Public Hearing.* Upon receipt of an application for issuance or transfer of a license, and the payment of all fees required under this Code, the Gaming Commission shall set the matter for a public hearing. A hearing shall not be required for a license renewal unless required by the Commission in its discretion based on information provided in the applicant's renewal application indicating that there has been a material change in the applicant's ownership or control or based on other matters that may affect the applicant's continued eligibility for a license. Notice of the time and place of the hearing shall be given at least twenty
(20)calendar days before the hearing to the applicant by United States mail, postage prepaid, at the address listed in the application or any other reasonable method adopted by the Commission. The Commission shall also provide notice to the public of the time, place, and purpose of the hearing by publication in a Tribal newspaper, a newspaper of general circulation sold on the Reservation, public posting or other reasonable method. The public notice shall include the name of the applicant, whether the action involves a new issuance, renewal, or transfer, the class of license applied for, and a general description of the area where the alcoholic liquor will be or has been sold. The hearing shall be conducted before the Gaming Commission under such rules of procedure as it may adopt. The Gaming Commission shall hear from any person who wishes to speak for or against the application, subject to such limitations as the Commission may issue in the course of the hearing regarding the length, relevance, or repetitiveness of each speaker's testimony. *Section 25 Gaming Commission Action on the Application.* The Gaming Commission shall act on the matter within thirty
(30)days of the conclusion of the public hearing. The Commission shall have the authority to deny, approve, or approve the application with conditions. Upon approval of an application, the Commission shall issue a license to the applicant in a form to be approved from time to time by the Commission. *Section 26 Denial of License, Renewal, or Transfer.* Solely for purposes of this Section and Section 25, “applicant” means licensee in the event of a renewal, and licensee and/or transferee in the event of a transfer. An application for a new license, license renewal, or license transfer may be denied for one or more of the following reasons:
(a)The applicant has materially misrepresented facts contained in the application;
(b)The applicant is presently not in compliance with Tribal or federal laws;
(c)Granting of the license (or renewal or transfer thereof) would create a threat to the peace, safety, morals, health, or welfare of the Tribe;
(d)The applicant has failed to complete the application properly or has failed to tender the appropriate fee; or
(e)A plea, verdict, or judgment of guilty, or the plea of nolo contendere by an applicant's officer or director, or an employee with primary management responsibility related to the sale of alcoholic liquor, to any offense under any federal or state law prohibiting or regulating the sale, use, possession, or giving away of alcoholic liquor; or
(f)The applicant has a suspended or revoked state liquor license. *Section 27 Temporary Denial.* If the application is denied solely on the basis of subsections 26(b) or 26(d), the Gaming Commission shall, within fourteen
(14)days of receipt of the application, issue a written notice of temporary denial to the applicant. Such notice shall set forth the reasons for denial and shall state that the denial will become permanent if the problem(s) is not corrected within fifteen
(15)days following receipt of the notice. *Section 28 Multiple Locations.* Each license shall be issued to a specific licensee. Separate licenses shall be issued for each of the premises of any business establishment having more than one address. *Section 29 Posting of License.* Every licensee shall post and keep posted its license(s) in a conspicuous place(s) on the licensed premises. *Section 30 Suspension or Revocation of License.* Any one of the following actions or inactions by a licensee shall constitute grounds for the suspension or revocation of a license:
(a)Material misrepresentation of facts contained in any license application;
(b)Not in compliance with Tribal or federal laws;
(c)Failure to comply with any condition of the license, including failure to pay a required fee;
(d)A plea, verdict, or judgment of guilty, or a plea of nolo contendere entered against one of its officers or directors, or employees with primary management responsibility related to the sale of alcoholic liquor, to any offense under federal or state law prohibiting or regulating the sale, use, or possession, or giving away of alcoholic liquor;
(e)Failure to take reasonable steps to correct objectionable conditions constituting a nuisance on the licensed premises or any adjacent area within a reasonable time after receipt of a notice to make such corrections has been received from the Commission or its authorized representative; or
(f)Suspension or revocation of the licensee's state liquor license. *Section 31 Initiation of Suspension or Revocation Proceedings.* Suspension or revocation proceedings are initiated by the Gaming Commission either:
(a)on the Commission's own initiative through adoption of a resolution that sets forth allegations that if substantiated, would provide grounds under this Code for the Commission to suspend or revoke the license(s); or
(b)based on a signed request by any person and filed with the Commission that alleges facts that would, if substantiated, provide grounds under this Code for the Commission to suspend or revoke the license(s). The Gaming Commission shall cause the matter to be set for a hearing before the Commission on a date not later than thirty
(30)days from the Commission's adoption of the resolution or its receipt of a request. Notice of the time, date, and place of the hearing shall be given the licensee and the public in the same manner as set forth in Section 24. The notice shall state that the licensee has the right to file a written response, verified under oath and signed by the licensee, five
(5)days prior to the hearing date. If the Gaming Commission determines that the grounds for suspension or revocation of a license are supported by reliable evidence and that such grounds pose a substantial risk of imminent harm to the health, welfare, or safety of the public, the Gaming Commission may immediately suspend such license provided that such emergency suspension may not exceed three
(3)calendar days without a hearing. *Section 32 Hearing.* The hearing shall be held before the Gaming Commission under such rules of procedure as it may adopt. Both the licensee and the person filing the request may present witnesses to testify and to present written documents in support of their positions to the Gaming Commission. The Gaming Commission may issue limitations in the course of the hearing regarding the length, relevance, or repetitiveness of each witness's testimony. The Gaming Commission shall render its decision within sixty
(60)days after the date of the hearing. The decision of the Gaming Commission shall be final. *Section 33 Delivery of License.* A licensee, upon suspension or revocation of such license, shall promptly return the license to the Gaming Commission. In cases involving suspension, the Gaming Commission shall return the license to the licensee at the expiration or termination of the suspension period, with a memorandum of the suspension written or stamped upon the face thereof in red ink. *Section 34 General Penalties.* Any person adjudged to be in violation of this Code, including any lawful regulation promulgated pursuant thereto, shall be subject to a civil fine of not more than five hundred dollars ($500.00) for each such violation. The Gaming Commission may adopt by resolution a separate schedule for fines for each type of violation, taking into account the seriousness and threat the violation may pose to the general health and welfare. Such schedule may also provide, in the case of repeated violations, for imposition of monetary penalties greater than the five hundred dollar ($500.00) limitation set forth above. The penalties provided for herein shall be in addition to any criminal penalties that may be imposed under applicable law. *Section 35 Initiation of Action.* Any violation of this Code shall constitute a public nuisance. The Gaming Commission, on behalf of and in the name of the Tribe, may initiate and maintain an action in Tribal Court to abate and permanently enjoin any nuisance declared under this Code. Any action taken under this section shall be in addition to any other penalties provided for in this Code. The plaintiff shall not be required to give bond in this action. *Section 36 Inspection.* Immediately upon the request of a law enforcement officer or a Commission investigator empowered to enforce this Code and the rules and regulations promulgated hereunder, a licensee shall make the licensed premises available for inspection and search during regular business hours or when the licensed premises are occupied by the licensee, including the licensee's employees and agents. *Section 37 Contraband; Seizure; Forfeiture.*
(a)All alcoholic liquor within the Reservation held, owned, or possessed by any person or licensee operating in violation of this Code is hereby declared to be contraband and subject to forfeiture to the Tribe.
(b)Within three
(3)weeks following the seizure of the contraband, a hearing shall be held by the Gaming Commission, at which time the operator or owner of the contraband shall be given an opportunity to present evidence in defense of his or her activities.
(c)Notice of the hearing shall be given to the person from whom the property was seized, if known prior to hearing. If the person is unknown, notice of the hearing shall be posted at the place where the contraband was seized and at other public places on the Reservation. The notice shall describe the property seized, and the time, place, and cause of seizure and give the name and place of residence, if known, of the person from whom the property was seized.
(d)If upon hearing, the evidence warrants, or if no person appears as a claimant, the Gaming Commission shall thereupon enter a determination of forfeiture and order such contraband sold or destroyed forthwith. *Section 38 Disposition of Proceeds.* The gross proceeds collected by the Commission from licensing shall be distributed as follows:
(a)First, to the Commission for the payment of all necessary personnel, administrative costs, and legal fees for the administration of the provisions of this Code; and
(b)Second, to the Tribe any remainder. *Section 39 Appeals.* Appeals under this Code may only be brought in the Pokagon Band Tribal Court by an applicant or a licensee to:
(a)challenge a final Gaming Commission decision to deny a license, to deny an application to renew or transfer a license, or to revoke a license; or
(b)to compel a Gaming Commission decision or action unreasonably delayed or unlawfully withheld more than sixty
(60)days beyond any mandatory time limit established by law. The Tribal Court shall hold unlawful and set aside any Gaming Commission decision it finds to be arbitrary, not in accordance with law, in excess of statutory authority, or unsupported by substantial evidence in the record. The Tribal Court shall give deference to the Gaming Commission's reasonable interpretations of this Code and any rules or regulations promulgated hereunder. *Section 40 License Not a Property Right.* Notwithstanding any other provision of this Code, a liquor license is a mere permit for a fixed duration of time. A liquor license shall not be deemed a property right or vested right of any kind, nor shall the granting of a liquor license give rise to a presumption of legal entitlement to the granting of such license for a subsequent time period. *Section 41 Savings Clause.* In the event any provision of this Code shall be found or declared to be invalid by a court of competent jurisdiction, all of the remaining provisions of this Code shall be unaffected and shall remain in full force and effect. *Section 42 Effective Date.* The effective date of this Code is the date that the Secretary of the Interior publishes the same in the **Federal Register** . *Section 43 Prior Inconsistent Acts.* Except as provided otherwise under applicable federal law, this Code shall be the exclusive Tribal law governing the introduction, distribution, sale and regulation of alcoholic liquor within the Reservation. This Code shall supersede any and all Tribal laws that are inconsistent with the provisions of this Code, and such laws are hereby rescinded and repealed. *Section 44 Sovereign Immunity Preserved.*
(a)The Tribe, and all of its constituent parts, which includes but is not limited to Tribal enterprises, subordinate organizations, boards, committees, officers, employees and agents, are immune from suit in any jurisdiction except to the extent that such immunity has been expressly and unequivocally waived in writing by the Tribe.
(b)Nothing in this Code, and no enforcement action taken pursuant to this Code or otherwise, including without limitation the filing of suit by the Gaming Commission to enforce any provision of this Code or other Tribal law, shall constitute a waiver of such sovereign immunity, either as to any counterclaim, regardless of whether the asserted counterclaim arises out of the same transaction or occurrence, or in any other respect. Legislative History Liquor Control Code, enacted September 9, 2006 by Res. No. 06-09-09-12 and certified by the Secretary of the Interior and published on ___ ___ __( Fed.Reg.) ___. [FR Doc. E7-714 Filed 1-18-07; 8:45 am] BILLING CODE 4310-4J-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Advisory Board for Exceptional Children AGENCY: Bureau of Indian Education, Interior. ACTION: Notice of meeting. SUMMARY: In accordance with the Federal Advisory Committee Act, the Bureau of Indian Education is announcing that the Advisory Board for Exceptional Children will hold its next meeting in Washington, DC. The purpose of the meeting is to meet the mandates of the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA) on Indian children with disabilities. DATES: The Board will meet on Saturday, February 3, 2007, from 6 p.m. to 9 p.m.; Sunday, February 4, 2007, from 8 a.m. to 4 p.m.; and Monday, February 5, 2007, from 8 a.m. to 4 p.m. Local Time. ADDRESSES: The meetings will be held at the Wardman Park Marriott Hotel, 2660 Woodley Road, NW., Washington, DC 20008, on Saturday, February 3, 2007, and Sunday, February 4, 2007, and at the Department of the Interior, Main Building, 1849 C Street, NW., Washington, DC 20240, Room # 3622, on Monday, February 5, 2007. Written statements may be submitted to Mr. Thomas M. Dowd, Director, Bureau of Indian Education, 1849 C Street, NW., MS-3609 MIB, Washington, DC 20240; Telephone
(202)208-6123; Fax
(202)208-3312. FOR FURTHER INFORMATION CONTACT: Stanley R. Holder, Designated Federal Official, Bureau of Indian Education, Division of Compliance, Monitoring and Accountability, P.O. Box 1088, Suite 332, Albuquerque, New Mexico 87103; Telephone
(505)563-5270. SUPPLEMENTARY INFORMATION: The Advisory Board was established to advise the Secretary of the Interior, through the Assistant Secretary—Indian Affairs, on the needs of Indian children with disabilities, as mandated by the Individuals with Disabilities Education Improvement Act of 2004 (Pub. L. 108-446). The following items will be on the agenda: • Special Education Director's Report • Status of Annual Performance Report • IDEIA Regulations Training • 2006-2007 Monitoring Activities • Dispute Resolution Activities • Review of the 2005-2006 Annual Report • Eligibility Determination for Special Education Services: Reading First Procedures and/or Response to Intervention • Mental Health Needs The meetings are open to the public. Dated: January 12, 2007. Michael D. Olsen, Principal Deputy Assistant Secretary—Indian Affairs. [FR Doc. E7-744 Filed 1-18-07; 8:45 am] BILLING CODE 4310-6W-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [UT-910-07-1040-PH-24-1A] Notice of Utah Resource Advisory Council Meeting AGENCY: Bureau of Land Management, Department of Interior. ACTION: Notice of Utah Resource Advisory Council
(RAC)Meeting. SUMMARY: In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management's
(BLM)Utah Resource Advisory Council
(RAC)will meet as indicated below. DATES: The Utah Resource Advisory Council
(RAC)will meet February 15, 2007, from 8 a.m. until 4:30 p.m. ADDRESSES: The Utah BLM Resource Advisory Council will meet at the Marriott Hotel, Bryce Conference Room, 101 West 100 North, Provo, Utah. FOR FURTHER INFORMATION CONTACT: Sherry Foot, Special Programs Coordinator, Utah State Office, Bureau of Land Management, P.O. Box 45155, Salt Lake City, Utah, 84145-0155; phone
(801)539-4195. SUPPLEMENTARY INFORMATION: The focus for this meeting will be Recreation RACs. A briefing on the Federal Land Recreation Enhancement Act and the interagency agreement for use of Recreation RACs, as well as, data on current fees and how they are used will be presented. A public comment period, where members of the public may address the RAC, is scheduled from 3:45 p.m.-4:15 p.m. Written comments may be sent to the Bureau of Land Management address listed above. All meetings are open to the public; however, transportation, lodging, and meals are the responsibility of the participating public. Dated: January 9, 2007. Selma Sierra, State Director. [FR Doc. E7-741 Filed 1-18-07; 8:45 am] BILLING CODE 4310-$$-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NM-952-06-1420-BJ] Notice of Filing of Plats of Survey; New Mexico AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: The plat of survey described below was officially filed in the New Mexico State Office, Bureau of Land Management, Santa Fe, New Mexico, on January 12, 2007. SUPPLEMENTARY INFORMATION: *New Mexico Principal Meridian, New Mexico:* The plat representing the survey of Tracts within the Sebastian Martin Grant, accepted December 14, 2006, for Group 1057 New Mexico. FOR FURTHER INFORMATION CONTACT: These plats will be available for inspection in the New Mexico State Office, Bureau of Land Management, and P.O. Box 27115, Santa Fe, New Mexico 87502-0115. Copies may be obtained from this office upon payment of $1.10 per sheet. Dated: January 12, 2007. Stephen W. Beyerlein, Acting Chief Cadastral Surveyor, New Mexico. [FR Doc. 07-203 Filed 1-18-07; 8:45 am]
Connectionstraces to 7
15 references not yet in our index
  • 50 CFR 18
  • 16 USC 703-712
  • 50 CFR 20
  • 16 USC 703-711
  • 43 CFR 10.8
  • 43 CFR 10.2
  • 43 CFR 10.4
  • 50 CFR 12
  • 25 CFR 292
  • Pub. L. 83-277
  • 67 Stat. 586
  • 463 U.S. 713
  • 419 U.S. 544
  • 435 U.S. 313
  • Pub. L. 108-446
Citation graph
cites case law
Notices
Notice of receipt of applications for permit
U.S.C.§ 1531
U.S.C.§ 1361
U.S.C.§ 3001
U.S.C.§ 4321
U.S.C.§ 1161
C.F.R.§ 5.22
U.S.C.§ 1300j–5
SCOTUS463 U.S. 713
SCOTUS419 U.S. 544
SCOTUS435 U.S. 313
Cite50 CFR 18
Cite16 USC 703-712
Cites 22 · showing 12Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.