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35298 Federal Register / Vol. 70, No.

116 / Friday, June 17, 2005 / Notices

Section 10.4. Conformance with State 83–277, 67 Stat. 586, 18 U.S.C. 1161, as Article 5: Definitions. Unless a
Law. All acts and transactions under interpreted by the Supreme Court in different meaning is clearly indicated in
this Ordinance shall be in conformity Rice v. Rehner, 463 U.S. 713 (1983), the this Ordinance, the terms used herein
with the Compact and the laws of the Secretary of the Interior shall certify and shall have the same meaning as in the
State of California to the extent required publish in the Federal Register notice of California Alcohol Beverage Control
by 18 U.S.C. § 1161 and with all Federal adopted liquor ordinances for the Act, Cal. Business and Professions Code
laws regarding alcohol in Indian purpose of regulating liquor transactions Section 2300 et seq.
Country. in Indian country. The Table Bluff (a) ‘‘General Council’’ means the
Reservation—Wiyot Tribal Council Governing Body holding supreme power
Article XI—Amendments of the Table Bluff Reservation—Wiyot
adopted its Liquor Control Ordinance by
This Ordinance may be amended only Resolution No. 04–12 on July 24, 2004. Tribe as defined in Article VI, Section
pursuant to a duly enacted General The purpose of this Ordinance is to 1 of the Constitution and Bylaws of the
Council Resolution with certification by govern the sale, possession and Table Bluff Reservation—Wiyot Tribe.
the Secretary of the Interior and distribution of alcohol within the Table (b) ‘‘Lands under the Jurisdiction of
publication in the Federal Register, if Bluff Reservation. This notice is the Table Bluff Reservation—Wiyot
required. published in accordance with the Tribe’’ means and includes all lands
authority delegated by the Secretary of now or in the future subject to the
Article XII—Sovereign Immunity
the Interior to the Principal Deputy lawful jurisdiction of the Tribe,
Nothing contained in this Ordinance Assistant Secretary—Indian Affairs. I including the old Table Bluff Rancheria,
is intended to nor does it in any way certify that this Liquor Ordinance, of the the new Table Bluff Reservation, and
limit, alter, restrict, or waive the Tribe’s Table Bluff Reservation—Wiyot Tribal any lands which shall in the future be
sovereign immunity from unconsented Council, was duly adopted by the Tribal restored to the Tribe’s jurisdiction.
suit or action. Council on July 24, 2004. (c) ‘‘Table Bluff Reservation’’ means
[FR Doc. 05–11982 Filed 6–16–05; 8:45 am] and includes all lands within the
Dated: June 13, 2005.
BILLING CODE 4310–4J–P
exterior boundaries of the Table Bluff
Michael D. Olsen, Reservation.
Acting Principal Deputy Assistant Secretary— (d) ‘‘Tribal Council’’ means the Table
Indian Affairs. Bluff Reservation—Wiyot Tribal Council
DEPARTMENT OF THE INTERIOR
The Table Bluff Liquor Control as defined in Article VI, Section 3 of the
Bureau of Indian Affairs Ordinance reads as follows: Constitution and Bylaws of the Table
Table Bluff Liquor Control Ordinance Bluff Reservation—Wiyot Tribe.
Table Bluff Reservation—Wiyot Tribe— (e) ‘‘Tribe’’ means the Table Bluff
Liquor Control Ordinance Be it enacted by the General Council Reservation—Wiyot Tribe.
of the Table Bluff Reservation ‘‘Wiyot Article 6: Effective Date. This
AGENCY: Bureau of Indian Affairs, Tribe: ordinance shall be effective as of the
Interior. Article 1: Name. This ordinance shall date of its publication in the Federal
ACTION: Notice. be known as the Table Bluff Liquor Register.
Control Ordinance. Article 7: Possession of Alcohol. The
SUMMARY: This notice publishes the
Article 2: Authority. This ordinance is introduction and possession of alcoholic
Table Bluff Reservation ‘‘Wiyot Tribe enacted pursuant to the Act of August
Liquor Control Ordinance. The beverages shall be lawful within Lands
15, 1953, (Pub. L. 83–277, 67 Stat. 588, under the Jurisdiction of the Table Bluff
Ordinance regulates and controls the 18 U.S.C. 1161) and Article VII, Section
possession, sale and consumption of Reservation—Wiyot Tribe; provided that
2(a) of the Constitution and Bylaws of such introduction or possession is in
liquor within the Table Bluff the Table Bluff Reservation—Wiyot
Reservation. The land is located on trust conformity with the laws of the State of
Tribe. California.
land and this Ordinance allows for the Article 3: Purpose. The purpose of Article 8: Retail Sales of Alcohol. The
possession and sale of alcoholic this ordinance is to allow for the safe sale of alcoholic beverages shall be
beverages within the Table Bluff’s and regulated sale and possession of lawful within Lands under the
Reservation and will increase the ability alcohol within Lands under the Jurisdiction of the Table Bluff
of the tribal government to control the Jurisdiction of the Table Bluff Reservation—Wiyot Tribe; provided that
tribe’s liquor distribution and Reservation—Wiyot Tribe in order to such sales are in conformity with the
possession, and at the same time will provide a source of revenue for the laws of the State of California and are
provide an important source of revenue continued operation of the tribal made pursuant to a license issued by the
for the continued operation and government, the economic viability of Tribe.
strengthening of the tribal government tribal enterprises, and the delivery of Article 9: Manufacture of Alcohol.
and the delivery of tribal services. tribal government services. The manufacture of beer and wine shall
EFFECTIVE DATE: This Ordinance is Article 4: Jurisdiction. This Liquor be lawful within Lands under the
effective on June 17, 2005. Control Ordinance shall apply to all jurisdiction of the Table Bluff
FOR FURTHER INFORMATION CONTACT: Clay lands now or in the future under the Reservation—Wiyot Tribe, provided that
Gregory, Acting Regional Director, jurisdiction of the Table Bluff such manufacture is in conformity with
Pacific Regional Office, 2800 Cottage Reservation—Wiyot Tribe, including the the laws of the State of California and
Way, Sacramento, CA 95825; Telephone old Table Bluff Rancheria, the new pursuant to a license issued by the
(916) 978–6000; or Ralph Gonzales, Table Bluff Reservation, and any lands Tribe.
Office of Tribal Services, 1951 which shall in the future be restored to Article 10: Age Limits. The legal age
Constitution Avenue, NW., Mail Stop the Tribe’s jurisdiction. This Ordinance for possession or consumption of
320–SIB, Washington, DC 20240; is in conformity with the laws of the alcohol within Lands under the
Telephone (202) 513–7629. State of California as required by 18 Jurisdiction of the Table Bluff
SUPPLEMENTARY INFORMATION: Pursuant U.S.C. 1161, and with all applicable Reservation—Wiyot Tribe shall be the
to the Act of August 15, 1953, Pub. L. federal laws. same as that of the State of California,

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Federal Register / Vol. 70, No. 116 / Friday, June 17, 2005 / Notices 35299

which is currently 21 years. No person on violations of this ordinance and any Tribal Secretary.
under the age of 21 years shall purchase, procedures or regulations adopted [FR Doc. 05–11983 Filed 6–16–05; 8:45 am]
possess or consume any alcoholic pursuant to this ordinance; to BILLING CODE 4310–4–P
beverage. promulgate appropriate procedures
Article 11: Licensing. Tribal Council governing such hearings; to determine
shall have the power to establish and enforce penalties or damages for DEPARTMENT OF THE INTERIOR
procedures and standards for tribal violations of this ordinance; and to
licensing of liquor sales within Lands delegate to a subordinate hearing officer Bureau of Land Management
under the Jurisdiction of the Table Bluff or panel the authority to take any or all
Reservation—Wiyot Tribe, including the of the foregoing actions on its behalf. [WO–220–1020–24 1A]
setting of a license fee schedule, and Article 13: Prior Inconsistent
shall have the power to publish and Enactments. Any prior tribal laws, RIN 1004–AD42
enforce such standards; provided that resolutions or ordinances which are
no tribal license shall issue except upon inconsistent with this ordinance are Grazing Administration—Exclusive of
showing of satisfactory proof that the hereby repealed to the extent they are Alaska
applicant is duly licensed by the State inconsistent with this ordinance. AGENCY: Bureau of Land Management,
of California. The fact that an applicant Article 14: Sovereign Immunity. Interior.
for a tribal license possesses a license Nothing contained in this ordinance is
issued by the State of California shall ACTION: Notice of availability of the
intended to, nor does in any way, limit,
not provide the applicant with an alter, restrict, or waive the sovereign Final Environmental Impact Statement
entitlement to a tribal license; Tribal immunity of the Tribe or any of its for regulatory amendments of grazing
Council may in its discretion set agencies, agents or officials from regulations for the public lands.
standards which are more, but in no unconsented suit or action of any kind. SUMMARY: The Bureau of Land
case less, stringent than those of the Article 15: Taxation. Nothing Management (BLM) announces the
State. contained in this ordinance is intended
Article 12: Enforcement. availability of the Final Environmental
to, nor does in any way limit or restrict Impact Statement (FEIS) to support
(a) Tribal Council shall have the the Tribe’s ability to impose any tax
power to develop, enact, promulgate amendments of the regulations
upon the sale or consumption of governing grazing administration. The
and enforce regulations as necessary for alcohol. The Tribe retains the right to
the enforcement of this ordinance and to analysis provided in the FEIS is
impose such taxes by appropriate intended to inform the public of the
protect the public health, welfare and ordinance to the full extent permitted by
safety of the Tribe and Lands under the direct, indirect, and cumulative effects
federal law. on the human environment of the
Jurisdiction of the Table Bluff Article 16: Severability. If any
Reservation—Wiyot Tribe, provided that proposed action and each alternative.
provision of this ordinance is found by
all such regulations shall conform to DATES: The Final Environmental Impact
any agency or court of competent
and not be in conflict with any tribal, Statement is available for review
jurisdiction to be unenforceable, the
federal or state law. Regulations enacted through July 18, 2005.
remaining provisions shall be
pursuant hereto may include provisions ADDRESSES: Copies of the FEIS are
unaffected thereby.
for suspension or revocation of tribal Article 17: Amendment. This available at BLM State Offices in 10
liquor licenses, reasonable search and ordinance may be amended by majority western states and the BLM Washington
seizure provisions and civil and DC office. See the SUPPLEMENTARY
vote of the Tribal Council, such
criminal penalties for violations of this INFORMATION for a table of BLM State
amendment to become effective upon
ordinance to the full extent permitted by Offices.
publication in the Federal Register by
federal law and consistent with due
the Secretary of the Interior. FOR FURTHER INFORMATION CONTACT: Bud
process.
(b) Tribal law enforcement personnel Certification Cribley at 202–785–6569 for information
and security personnel duly authorized relating to the FEIS or Ted Hudson at
This is to certify that the above 202–452–3042 for information relating
by Tribal Council shall have the ordinance was enacted by the General
authority to enforce this ordinance by to the rulemaking process. Persons who
Council of the Table Bluff Reservation— use a telecommunications device for the
confiscating any liquor sold, possessed, Wiyot Tribe at a duly called meeting on
distributed, manufactured or introduced deaf (TDD) may contact these
July 24, 2004 by a vote of 12 for, 2 individuals through the Federal
within Lands under the Jurisdiction of against, and 1 abstention.
the Table Bluff Reservation—Wiyot Information Relay Service (FIRS) at 1–
Tribe in violation of this ordinance or of Dated: July 26, 2004. 800–877–8330, 24 hours a day, seven
any regulations duly adopted pursuant Cheryl A. Seidner, days a week.
to this ordinance. Tribal Chairperson. SUPPLEMENTARY INFORMATION: Copies of
(c) Tribal Council shall have the Dated: July 26, 2004. the FEIS are available at the following
exclusive jurisdiction to hold hearings Irine J. Carlson, BLM State Offices:

BLM state offices Address Phone numbers

Arizona ..................................................................................... 222 North Central Ave., Phoenix, AZ 85004–2203 ................ (602) 417–9500
California .................................................................................. 2800 Cottage Way, Room W–1834, Sacramento, CA 95825 (916) 978–4600
Colorado .................................................................................. 2850 Youngfield St., Lakewood, CO 80215–7093 ................. (303) 239–3700
Idaho ........................................................................................ 1387 S. Vinnell Way, Boise, ID 83709–1657 ......................... (208) 373–4001
Montana ................................................................................... 5001 Southgate Drive, Billings, MT 59101 ............................. (406) 896–5012
Nevada ..................................................................................... 1340 Financial Way, Reno, NV 89502 ................................... (775) 861–6590
New Mexico ............................................................................. 1474 Rodeo Rd., P.O. Box 27115, Santa Fe, NM 87507– (505) 438–7501
0115.
Oregon ..................................................................................... P.O. Box 2965, Portland, OR 97208–2965 ............................ (503) 808–6024

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