16204 Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices

Time Date (Local time zone) Location

Friday, June 10, 2016 ...... 9:00 am–1:00 pm ...... The Skirvin Hilton Oklahoma City, One Park Avenue, Oklahoma City, OK 73102. Meeting Room: Continental Room.

Dated: March 22, 2016. certify that the Yavapai-Apache Nation of the Yavapai-Apache Nation (‘‘YAN Lawrence S. Roberts, of the Camp Verde Indian Reservation Constitution’’), which authorizes the Acting Assistant Secretary—Indian Affairs. Tribal Council duly adopted the Tribal Council to exercise the following [FR Doc. 2016–06841 Filed 3–24–16; 8:45 am] Yavapai-Apache Nation Liquor Cody by powers relevant to the adoption of this BILLING CODE 4337–15–P Resolution No. 147–15 on August 27, Liquor Code: 2015. 1. YAN Constitution, Article V(a), ‘‘To Dated: March 21, 2016. represent the Tribe and act in all matters that concern the health and welfare of DEPARTMENT OF THE INTERIOR Lawrence S. Roberts, the Tribe, and to make decisions not Bureau of Indian Affairs Acting Assistant Secretary–Indian Affairs. inconsistent with or contrary to this YAVAPAI-APACHE NATION LIQUOR constitution.’’ [167 A2100DD/AAKC001030/ 2. YAN Constitution, Article V (o), to A0A501010.999900] CODE enact codes and ordinances governing SECTION 101: TITLE Yavapai-Apache Nation of the Camp law enforcement on lands within the Verde Indian Reservation Liquor Code This Liquor Code is adopted by the jurisdiction of the Tribe.’’ Yavapai-Apache Nation (‘‘YAN’’ or 3. YAN Constitution, Article V (u), AGENCY: Bureau of Indian Affairs, ‘‘Nation’’) and shall be known as the ‘‘To exercise civil jurisdiction over all Interior. Yavapai-Apache Nation Liquor Code tribal members and any non-member of ACTION: Notice. (referred to herein as ‘‘Liquor Code’’ or the Tribe to the extent permitted by ‘‘Code’’). federal law.’’ SUMMARY: This notice publishes the 4. YAN Constitution, Article V (v), liquor code of the Yavapai-Apache SECTION 102: FINDINGS ‘‘To enact laws, ordinances and Nation of the Camp Verde Indian The Tribal Council finds as follows: resolutions necessary or incidental to Reservation. The liquor code allows the A. The introduction, possession, and the exercise of its legislative powers.’’ Nation to govern, control and regulate sale of liquor in Indian Country is a B. This Liquor Code is adopted for the liquor possession, distribution, sales, matter of particular concern to Indian purpose of governing, controlling and and service within the Nation’s tribes and the . Consistent regulating liquor possession, reservation to serve the best interests of with the laws of the United States, the distribution, sales and service within the Nation. control of liquor on the Yavapai-Apache the Nation’s reservation. Nation Reservation remains subject to DATES: This code shall become effective SECTION 104: DEFINITIONS March 25, 2016. the legislative enactments of the Nation in the exercise of its governmental A. Unless otherwise required by the FOR FURTHER INFORMATION CONTACT: Ms. powers over the Reservation. context in which it is used, the Sharlot Johnson, Tribal Government B. Federal law prohibits the following words and phrases shall have Services Officer, Western Regional introduction of liquor into Indian the following meanings. Office, Bureau of Indian Affairs, 2600 Country (18 U.S.C. § 1154), and 1. ‘‘’’ means the substance North Central Avenue, Phoenix, Arizona authorizes tribal governments to decide known as ethyl alcohol, hydrated oxide 85004, Telephone: (602) 379–6786, Fax: when and to what extent liquor of ethyl, , or spirits of , from (602) 379–4100; or Laurel Iron Cloud, possession, sales, and service shall be whatever source or by whatever process Chief, Division of Tribal Government permitted within their reservations (18 produced, and includes ‘‘spirituous Services, Office of Indian Services, U.S.C. § 1161) in a manner deemed Liquor’’ as defined below under Section Bureau of Indian Affairs, 1849 C Street consistent with state liquor laws. 104(A)(7). NW., MS–4513–MIB, Washington, DC C. The Tribal Council, as the 2. ‘‘Alcoholic Beverage’’ is 20240, Telephone: (202) 513–7641. governing body of the Nation under synonymous with the term ‘‘liquor’’ as SUPPLEMENTARY INFORMATION: Pursuant Article IV, Section 1 of the Constitution defined in this Section 104. (4) below. to the Act of August 15, 1953, Public of the Yavapai-Apache Nation 3. ‘‘’’ means any beverage Law 83–277, 67 Stat. 586, 18 U.S.C. (hereinafter ‘‘Tribal Council’’), has obtained by the alcoholic fermentation, 1161, as interpreted by the Supreme approved the issuance of liquor licenses infusion, or decoction of barley malt, Court in Rice v. Rehner, 463 U.S. 713 in accordance with the liquor control hops, or other ingredients not drinkable, (1983), the Secretary of the Interior shall laws of the state of Arizona. The or any combination thereof. certify and publish in the Federal limitation and regulation of liquor sales 4. ‘‘Liquor’’ or ‘‘Liquor Products’’ Register notice of adopted liquor as provided in this Code will increase includes the four varieties of liquor ordinances for the purpose of regulating the Nation’s ability to control herein defined (alcohol, spirituous liquor transactions in Indian country. possession and distribution of liquor liquor, wine, and beer) and means all The Yavapai-Apache Nation of the within the Nation’s Reservation. fermented, spirituous, vinous, or malt Camp Verde Indian Reservation duly liquor, or a combination thereof, and adopted Resolution 147–15 on August, SECTION 103: AUTHORITY AND mixed liquor, a part of which is 27, 2015. PURPOSE fermented, spirituous, vinous, or malt This notice is published in A. This Code is enacted under liquor or otherwise intoxicating in every accordance with the authority delegated authority of the Act of August 15, 1953, liquid or solid or semi-solid or other by the Secretary of the Interior to the 67 Stat. 586, (18 U.S.C. Section 1161) substance patented or not containing Assistant Secretary-Indian Affairs. I and under authority of the Constitution alcohol, spirits, wine, or beer, and all

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drinks of potable liquids and all Nation land constituting ‘‘Indian entity that is not licensed under this preparations or mixtures capable of Country’’ within the meaning of 18 Code who purchases or possesses an human consumption, and any liquid, U.S.C. 1151 or any successor provision, alcoholic beverage within the Nation’s semi-solid, solid, or other substance, and all lands falling within the Nation’s Jurisdiction and sells it, whether in the which contains more than one-half of Jurisdiction as provided under Article I original container or not, shall be guilty one percent (.5%) of . of the Constitution of the Yavapai- of a violation of this Code and shall be 5. ‘‘Liquor License’’ means the Liquor Apache Nation as approved by the subject to such penalties as are License approved by the Tribal Council United states Secretary of Interior on prescribed by this Code. and issued by the state of Arizona upon April 13, 1992. D. License Not Transferable. Except as application by the Nation to such may be permitted under this Code, Subordinate Economic Organization or SECTION 106: CONFORMITY WITH Liquor Licenses may not be transferred Enterprise of the Nation as the Council STATE LAW and said License may only be utilized may authorize by resolution to hold A. Authorized liquor sales and service by the entity holding the License under such license and exercise the rights and within the Nation’s Reservation and Section 108 A. above. privileges thereunder. Jurisdiction shall comply with the State E. Inspections. All businesses and 6. ‘‘Sale’’ and ‘‘Sell’’ means any of Arizona’s liquor laws to the extent their premises holding a Liquor License transaction that includes any exchange, required by 18 U.S.C. 1161 and other under this Code shall be open for barter, sale and traffic; and also includes applicable law of the United States. inspection by the Nation, acting through the selling, supplying or distributing, by B. The Nation’s Attorney General its officials, agents, employees or other any means whatsoever, of liquor by any shall ensure that all liquor license designated representatives, at all person to any other person. requirements under this Code and under reasonable times for the purpose of 7. ‘‘Spirituous Liquor’’, ‘‘Spirits’’, or the laws of the State of Arizona are determining whether said business is ‘‘Distilled Spirits’’ includes alcohol, satisfied, that the license(s) authorized complying with this Code. brandy, whiskey, rum, tequila, mescal, by the Tribal Council under this Code gin, wine, porter, ale, beer, any malt are renewed on an annual basis, and SECTION 109: ENFORCEMENT liquor or malt beverage, , a that all sales and service of liquor as A. In enforcing this Code, the Tribal compound or mixture of any of them or authorized under this Code are carried Council, acting on behalf of the Nation, of any of them with any vegetable or out in a manner consistent with this may take the following actions: other substance, alcohol bitters, bitters Code and applicable laws of the Nation, 1. Publish and enforce such rules and containing alcohol, any liquid mixture and under Arizona law to the extent regulations as deemed necessary by the or preparation, whether patented or required by applicable law of the United Council to govern the manufacture, otherwise, which, when consumed in States. distribution, sale, and possession of sufficient quantities, produces liquor within the Nation’s Jurisdiction. intoxication to any degree, fruits SECTION 107: REPEAL OF PRIOR 2. Revoke any Liquor License preserved in ardent spirits, and LAWS approved by the Council under this beverages containing more than one-half All prior codes, ordinances and Code, following a determination by the of one percent of alcohol by volume, resolutions of the Yavapai-Apache Council that the holder of said License and including exceeding twenty- Nation regulating, authorizing, has violated any provision of this Code four percent (24%) of alcohol by prohibiting, or in any way dealing with or that the License is no longer in the volume. the sale or service of liquor, including, best interest of the Nation. The holder 8. ‘‘Wine’’ means the product but not limited to the ‘‘Ordinance of the License shall be provided notice obtained by the fermentation of grapes Legalizing the Introduction, Sale or and an opportunity to be heard in any or other agricultural products Possession of Intoxicants’’, as adopted such revocation action. containing natural or added sugar or any under Tribal Council Resolution 91–85 3. Bring suit in the Nation’s Tribal such alcoholic beverage fortified with on October 19, 1985, are hereby Court, or any other court of competent grape brandy and containing not more repealed and are declared to be of no jurisdiction, to enforce this Code. than twenty-four percent (24%) of further force or effect. 4. Hold such hearings as the Council alcohol by volume, including sweet deems necessary to administer and wines fortified with wine spirits, such SECTION 108: AUTHORIZED SALES enforce this Code. as port, sherry, muscatel, and angelica, AND SERVICE OF LIQUOR 5. Delegate to the Nation’s Tribal not exceeding twenty-four percent A. Liquor License Required. Liquor Court such authority as may be (24%) of alcohol by volume. may be offered for sale and served on necessary to enforce the civil penalties the Yavapai-Apache Nation Reservation arising under this Code. Except as may SECTION 105: JURISDICTION only under a Liquor License as otherwise be provided by applicable In accordance with the law of the expressly authorized by the Tribal federal law, the Nation’s Tribal Court United States as set out at 18 U.S.C. Council in accordance with this Code shall have exclusive jurisdiction to 1161, the Nation asserts its jurisdiction and applicable federal law. enforce this Code. to control and regulate liquor sales and B. The Council, through the adoption 6. Take all such actions as are within service within the boundaries of the of Council resolutions consistent with the Council’s authority under the laws Yavapai-Apache Nation Reservation. this Code, may authorize liquor sales at and Constitution of the Yavapai-Apache For purposes of this Liquor Code such additional locations as the Council Nation in the enforcement of this Code. ‘‘Reservation’’ or ‘‘Jurisdiction’’ means deems appropriate. those lands within the exterior C. Sales for Personal Consumption SECTION 110: AND boundaries of the Yavapai-Apache Only. All liquor sales shall be for the VIOLATIONS Nation, any lands that are held in trust personal use and consumption of the A. General . Except as by the United States of America for the purchaser and not for the purchaser’s authorized under a Liquor License benefit of the Yavapai-Apache Nation or resale. Any resale of any alcoholic issued under Section 107 of this Code, any of its members, both now and in the beverage within the Jurisdiction of the the introduction or possession of Liquor future, any other Yavapai-Apache Nation is prohibited. Any person or for sales, distribution or service is

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prohibited within the Yavapai-Apache Code, with a separate violation accruing Hotel. At the Cliff Castle Casino and Nation’s Jurisdiction, and any such for every drink so consumed by the Hotel, no open containers of liquor, or possession, sale, distribution or service person under the age of 21 years. unopened containers of liquor in without such License shall be a G. Any person who shall sell or bottles, cans, cups or other containers, violation under this Code. Any person provide any liquor to any person under or otherwise shall be permitted outside who, without a Liquor License the age of 21 years shall be in violation of the above-described premises, except authorized under this Code, introduces of this Code for each such drink so as provided in accordance with the or possesses liquor within the Nation’s provided. liquor license(s) maintained by the jurisdiction with the intent to sell the H. Any person who lends, gives or in Nation for the Cliff Castle Casino and same shall be in violation of this Code. any way transfers in any manner an Hotel, or under such special event In any proceeding under this Code, the identification card or other license or permit as may be obtained conviction of any person in a criminal representation of age to a person under consistent with said license(s). Any matter of one unlawful sale, possession the age of 21 years for the purpose of person acting contrary to these or distribution of liquor under any law permitting such person to purchase or prohibitions shall be in violation of this of the Nation, or a determination by the otherwise obtain liquor shall be in Code. Tribal Court in a civil matter that said violation of this Code; provided that L. No Credit Liquor Sales. The sales person has engaged in one unlawful corroborative evidence from a source and service of liquor authorized by this sale, possession or distribution under other than the underage person shall be Code shall be made upon a cash basis this Code, shall establish prima facie a requirement for finding such violation. only. For purposes of this Code, intent of said person to unlawfully keep I. Any person who purchases or payment for liquor on a cash basis shall liquor for sale, selling liquor or attempts to purchase liquor through the include payment by cash, credit card, or distributing liquor in violation of this use of false or altered identification, check, including but not limited to any Code. Federal liquor laws applicable to which falsely purports to show the such cash sale of liquor for consumption Indian Country shall remain applicable person to be over the age of 21 years on a licensed premises where the to any person, act, or transaction which shall be in violation of this Code. sale is included on bills provided to is not authorized by this Code and J. When requested by any business or registered guest in hotels and motels. violators of this Code shall be subject to entity holding a liquor license under Any person making liquor sales contrary federal prosecution as well as to legal this Code, any person shall be required to this prohibition shall be in violation action in accordance with this Code and to present, and shall present official of this Code. the laws of the Nation. documentation of the person’s age, M. All Liquor which is possessed, B. Any person who shall sell or offer signature and photograph. This including for any distribution, for sale or distribute or transport in any requirement may be satisfied by consumption or sale, in violation of the manner, liquor in violation of this Code, presentation of one of the following: requirements of this Code is hereby or who shall have liquor for sale in his i. An unexpired driver license issued declared to be contraband. Any officer possession without a Liquor License, by any state, the District of Columbia, of the Yavapai-Apache Nation Police shall be in violation of this Code. any territory of the United States or Department shall seize all such C. Any person who, within the if the license includes a picture contraband and preserve it in Nation’s Jurisdiction, buys liquor from of the licensee and the person’s date of accordance with such provisions as any person other than a properly birth. A driver license issued to a person apply to the preservation of evidence licensed business under Section 108.A. who is under twenty-one years of age is and impounded property. Upon being of this Code shall be in violation of this no longer an acceptable type of found to be in violation of this Code, the Code. identification under this paragraph person from whom the contraband was D. Any person who knowingly keeps thirty days after the person turns seized shall forfeit all right, title and or possesses liquor upon his person or twenty-one years of age. interest in the contraband seized and in any place or upon any premises ii. An unexpired non-operating the same shall become the property of conducted or maintained by his identification license issued by any the Nation to be disposed of as it employer or principal or agent with the state, the District of Columbia, any chooses. intent to sell or distribute the same territory of the United States or Canada SECTION 111: JUDICIAL contrary to the requirements of this if the license includes a picture of the ENFORCEMENT, REMEDIES AND Code, shall be in violation of this Code. person and the person’s date of birth. CIVIL PENALTIES E. No person shall be authorized to An unexpired non-operating license sell or serve liquor within the issued to a person who is under twenty- A. The Nation’s Tribal Court is hereby Reservation unless they are at least 21 one years of age is no longer an vested with exclusive jurisdiction to years of age, except as may be acceptable type of identification under hear and determine all violations arising authorized under Arizona liquor control this paragraph thirty days after the under Section 110 of this Code, laws. No person may be sold or served person turns twenty-one years of age. including the determination of any liquor unless they are 21 years of age. iii. An unexpired armed forces violation by any person of the Any person acting contrary to this identification card that includes the provisions of this Code and the prohibition shall be in violation of this person’s picture and date of birth. imposition of any penalties arising from Code. iv. A valid unexpired passport or a said violations. F. No person under the age of 21 years valid unexpired resident alien card that B. Any person or entity found by the shall consume, acquire or have in his/ contains a photograph of the person and Tribal Court to have violated any her possession any liquor. No person the person’s date of birth. provision of this Code shall be liable to shall knowingly permit any other K. Off Premises Consumption of pay to the Nation a civil penalty in an person under the age of 21 years to Liquor—Cliff Castle Casino. All liquor amount not less than $250.00 or greater consume liquor on his/her premises or sales and service authorized by this than $500.00 for each such violation. any premises under his/her control. Any Code at the Cliff Castle Casino and Hotel The Tribal Court shall issue such further person acting contrary to these shall be fully consumed within the orders as are within its powers to ensure prohibitions shall be in violation of this premises of the Cliff Castle Casino and collection of said penalties by the

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Nation. Persons who are not enrolled DEPARTMENT OF THE INTERIOR (ONRR), within the Office of the members of the Nation and who are Secretary, is responsible for the determined to have violated this Code Office of the Secretary management of revenue associated with shall be subject to exclusion from the [167D0102R2 DR2000000.IMD000 both Federal offshore and onshore Yavapai-Apache Nation Reservation DS63605000] mineral leases, and revenue under such procedure as is provided management services for mineral leases under the Nation’s Exclusion Privacy Act of 1974, as Amended; on Indian lands in partnership with the Ordinance. In addition, persons or Notice To Amend an Existing System Bureau of Indian Affairs. ONRR entities subject to the criminal of Records maintains the ‘‘Mineral Lease and Royalty Accounting Files—Interior, jurisdiction of the Nation who violate AGENCY: Office of the Secretary, Interior. MMS–1,’’ system of records to manage this Code shall be subject to such ACTION: Notice of an amendment to an these responsibilities in support of criminal punishment as may be existing system of records. ONRR’s mission to collect, disburse, provided in the Nation’s Criminal Code and verify Federal and Indian energy SUMMARY: Pursuant to the provisions of and nothing in this Liquor Code shall be and other natural resource revenues on the Privacy Act of 1974, as amended, construed to deprive the Tribal Court of behalf of Americans. Due to the the Department of the Interior is issuing its criminal jurisdiction over such restructuring of the Minerals matters in any respect. a public notice of its intent to amend the Management Service and ONRR within Privacy Act system of records, ‘‘Mineral the Office of the Secretary, DOI is C. DECLARATORY AND Lease and Royalty Accounting Files— INJUNCTIVE RELIEF proposing to revise the system name to Interior, MMS–1’’, to update the system ‘‘Minerals Revenue Management In addition to all other remedies, name, system location, categories of Support System (MRMSS), OS–30’’ to whether at law or in equity, available to individuals covered by the system, reflect the new organizational the Nation’s Tribal Court under the categories of records in the system, management. Other proposed Constitution and Laws of the Yavapai- authority for maintenance of the system, amendments to the system include Apache Nation in the enforcement of routine uses, storage, safeguards, updating the system location, categories this Code, the Tribal Court may employ retention and disposal, system manager of individuals covered by the system, such declaratory and/or injunctive relief and address, notification procedures, categories of records in the system, as may be necessary to determine the records access and contesting authority for maintenance of the system, rights and liabilities arising under this procedures, and records source routine uses, storage, safeguards, Code and to otherwise provide for categories. The system name will be retention and disposal, system manager enforcement of this Code to the fullest updated to ‘‘Minerals Revenue and address, notification procedures, extent possible under the Nation’s laws. Management Support System (MRMSS), record access and contesting record OS–30’’ to reflect new organizational procedures, and records source SECTION 112: SOVEREIGN IMMUNITY management. The purpose of the system categories. The Mineral Lease and PRESERVED is to facilitate billing, accounts Royalty Accounting Files—Interior, receivable, general ledger, compliance MMS–1 system notice was last A. Nothing in this Liquor Code is management, and collection of published in the Federal Register on intended or shall be construed as a revenues. March 17, 1986 (51 FR 9121). waiver of the sovereign immunity of the DATES: Comments must be received by The MRMSS system facilitates Yavapai-Apache Nation. No official or April 25, 2016. The amendments to the mineral lease revenue management employee of the Nation or any of the system will be effective April 25, 2016. including billing, accounts receivable, Subordinate Economic Organizations ADDRESSES: Any person interested in rents, royalty payments, general ledger and Enterprises of the Nation shall be commenting on this notice may do so activity, compliance management, authorized, nor shall they attempt, to by: Submitting comments in writing to reporting, and the collection of waive the sovereign immunity of the Teri Barnett, Departmental Privacy revenues. The system also supports Nation in any manner under this Code. Officer, U.S. Department of the Interior, ONRR Outreach program activities for Indian mineral owners, to foster SECTION 113: SEVERABILITY 1849 C Street NW., Mail Stop 5547 MIB, Washington, DC 20240; hand-delivering communication and enhance ONNR’s A. If any provision or provisions in comments to Teri Barnett, Departmental trust responsibilities, and resolve this Code are held invalid by a court of Privacy Officer, U.S. Department of the royalty-related problems in partnership competent jurisdiction, this Code shall Interior, 1849 C Street NW., Mail Stop with the Bureau of Indian Affairs, Bureau of Land Management, and Office continue in effect as if the invalid 5547 MIB, Washington, DC 20240; or of the Special Trustee for American provision(s) were not a part hereof. emailing comments to Privacy@ Indians. The MRMSS system helps ios.doi.gov. SECTION 114: EFFECTIVE DATE ONRR meet its fiduciary responsibilities FOR FURTHER INFORMATION CONTACT: to manage revenues from energy and A. This Code shall be effective Minerals Revenue Management Support mineral leases for the use of public immediately upon its approval by the System Program Manager, Information natural resources. The records in the Yavapai-Apache Nation Tribal Council, Management Center (IMC), Office of MRMSS are related to both business subject only to the certification of the Natural Resources Revenue, U.S. entities and individuals, though records United States Secretary of the Interior, Department of the Interior, P.O. Box concerning corporations and other or his/her designee, and its publication 25165, Lakewood, CO 80225, or by business entities are not subject to the in the Federal Register as provided by telephone at 303–231–3177. Privacy Act. federal law at 18 U.S.C § 1161. SUPPLEMENTARY INFORMATION: The amendments to the system notice will be effective as proposed at the end [FR Doc. 2016–06840 Filed 3–24–16; 8:45 am] I. Background of the comment period (the comment BILLING CODE 4337–15–P The Department of the Interior (DOI) period will end 30 days after the Office of Natural Resources Revenue publication of this notice in the Federal

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