[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Notices]
[Pages 11688-11691]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4560]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Bear River Band of Rohnerville Rancheria--Sale and Consumption of
Alcoholic Beverages
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the Bear River Band of Rohnerville
Rancheria's Liquor Control Ordinance. The Ordinance regulates and
controls the possession, sale and consumption of liquor within the Bear
River Band of Rohnerville Rancheria's tribal land. The land is located
on trust land and this Ordinance allows for the possession and sale of
alcoholic beverages within the Bear River Band of Rohnerville
Rancheria's tribal land and will increase the ability of the tribal
government to control the tribe's liquor distribution and possession,
and at the same time 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 March 9, 2005.
FOR FURTHER INFORMATION CONTACT: Fred Doka, Acting Tribal Operations
Officer, Bureau of Indian Affairs, Pacific Regional Office, 2800
Cottage Way, Sacramento, CA 95825, Phone (916) 978-6067, fax (916) 978-
6099; or Ralph Gonzales, Division of Tribal Justice Support, Office of
Tribal Services, 1951 Constitution Avenue, NW., MS-320-SIB, 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 Bear River Band of Rohnerville
Rancheria Tribal Council adopted its Liquor Control Ordinance by
Resolution No. 04-87 on June 30, 2004. The purpose of this Ordinance is
to govern the sale, possession and distribution of alcohol within the
Bear River Band of Rohnerville Rancheria's tribal land.
This notice is published in accordance with the authority delegated
by the Secretary of the Interior to the Principal Deputy Assistant
Secretary--Indian Affairs by 209 DM 8.l.
I certify that the Tribal Council duly adopted this Liquor
Ordinance No. 04-04, of the Bear River Band of Rohnerville Rancheria,
on June 20, 2004.
Dated: March 2, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
The Bear River Band of Rohnerville Rancheria's Liquor Ordinance No.
04-04 reads as follows:
Resolution No: 04-87
Approved: June 30, 2004
A Resolution by the Bear River Band of Rohnerville Rancheria
Tribal Council Adopting and Approving the Liquor Regulation and
Licensing Ordinance No. 04-04.
Whereas, the Bear River Band of Rohnerville Rancheria is a
federally recognized Indian tribe eligible for all rights and
privileges afforded to recognized Tribes; and,
Whereas, the Bear River Band of Rohnerville Rancheria Tribal
Council is the governing body of the Bear River Band of Rohnerville
Rancheria under the authority of the Constitution of the Bear River
Band of Rohnerville Rancheria; and,
Whereas, the Bear River Band of the Rohnerville Rancheria
desires to adopt the Liquor Regulation and Licensing Ordinance No.
04-04.
Now Therefore Be it Resolved that the Bear River Band of
Rohnerville Rancheria hereby adopts and approves Ordinance No. 04-
04, ``Liquor Regulation and Licensing Ordinance.''
Be it Further Resolved that the Chairperson is hereby authorized
to sign and Members of the Council to attest all necessary documents
to make such requests; and,
Be it Finally Resolved the above signatory powers are in full
force and effect until specifically revoked by a duly adopted
resolution of the Bear River Band of Rohnerville Rancheria Tribal
Council.
C*E*R*T*I*F*I*C*A*T*I*O*N
This is to certify that the Bear River Band of Rohnerville
Rancheria Tribal Council on June 30, 2004 by a vote of 4 In Favor, 0
Opposed, 0 Abstaining, and 1 Absent.
Attested by:
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6/30/04---------------------------------------------------------------
(Leonard Bowman, Tribal Council Chairperson)
(Date)
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[[Page 11689]]
7/6/04----------------------------------------------------------------
(Aileen Meyer, Tribal Council Secretary)
(Date)
Tribal Ordinance: No. 04-04
Date Adopted: June 30, 2004
Liquor Regulation and Licensing Ordinance No. 04-04
Article I: Declaration of Public Policy and Purpose
Section 1.1 The introduction, possession and sale of liquor on
the lands of the lands of the Bear River Band of Rohnerville
Rancheria (``Tribe'') is a matter of special concern to the Tribe.
Section 1.2 Federal law, see, e.g., 18 U.S.C. 1154, 1161,
currently prohibits the introduction of liquor into Indian country,
except as provided therein and in accordance with State law as
interpreted by the Supreme Court in Rice v. Rehner, 463 U.S. 713
(1983), and expressly delegates to the Tribe the decision regarding
when and to what extent liquor transactions shall be permitted on
lands subject to the Tribe's jurisdiction.
Section 1.3 The Tribal Council of the Bear River Band of
Rohnerville Rancheria (``Tribal Council'') has the power under
Article VIII of the Tribe's Constitution to enact ordinances to
safeguard and provide for the health, safety and welfare of the
members of the Tribe and persons within the Tribe's jurisdiction,
and has determined that it is in the Tribe's best interests to enact
a tribal ordinance governing the introduction, possession and sale
of liquor on the lands subject to the Tribe's jurisdiction, and
which limits the purchase, distribution, and/or sale of liquor
within the exterior boundaries of the Tribe's trust lands only to
premises licensed and regulated by the Tribe.
Section 1.4 The Tribe hereby prohibits the sale or other
commercial distribution of liquor on the Tribe's trust lands, except
at premises owned and operated by or under supervision of the Tribe
and expressly licensed to sell or commercially distribute liquor.
This prohibition against the sale or other commercial distribution
of liquor shall not apply to the personal use, possession or
consumption of liquor in private homes located on tribal trust
lands.
Section 1.5 The Tribe finds that violations of this Ordinance
would damage the Tribe in the amount of five hundred dollars ($500)
per violation, based upon the estimated costs of enforcement,
investigation, adjudication and disposition of such violations, and
that to defray the costs of enforcing this Ordinance the Tribal
Council may, in its discretion, impose a tax on the sale of liquor
on the Tribe's trust lands. Based upon the foregoing findings and
determinations, the Tribe hereby ordains as follows:
Article II: Definitions
As used in this title, the following words shall have the
following meanings, unless the context clearly requires otherwise.
Section 2.1 ``Alcohol'' means that substance known as ethyl
alcohol, hydrated oxide of ethyl, or spirit of wine, which is
commonly produced by the fermentation, or distillation of grain,
starch, molasses or sugar, or other substances including dilutions
and mixtures of this substance.
Section 2.2 ``Alcoholic Beverage'' has the same meaning as the
term ``liquor'' as defined in Article II, Section 5 of this
Ordinance.
Section 2.3 ``Bar'' means any establishment with special space
and accommodations for sale by the glass or other unsealed container
and for consumption on the premises, of liquor, as herein defined.
Section 2.4 ``Beer'' means any beverage obtained by the
alcoholic fermentation of an infusion or decoction of pure hops, or
pure extract of hops and pure barley malt or other wholesome grain
or cereal in pure water containing not more than four percent (4%)
of alcohol by volume. For the purpose of this title, ``beer''
includes sake (Japanese rice wine), and any such beverage, including
ale, stout, and porter, containing more than four percent (4%) of
alcohol by weight shall be referred to as ``strong beer.''
Section 2.5 ``Liquor'' means the four varieties of liquor herein
defined (alcohol, spirits, wine and beer), and all fermented
spiritous, vinous, or malt liquor or combinations thereof, and mixed
liquor, or a part of which is fermented, spiritous, vinous, or malt
liquor, or otherwise intoxicating; and every other liquid or solid
or semisolid or other substance, patented or not, containing
alcohol, spirits, wine or beer, and all drinks or drinkable liquids
and all preparations or mixtures capable of human consumption, and
any liquid, semisolid, solid, or other substances that contains more
than one percent (1%) of alcohol by weight, shall be conclusively
deemed to be intoxicating.
Section 2.6 ``Liquor Store'' means any store at which liquor is
sold in sealed pre-packaged form, and, for the purpose of this
Ordinance, includes any store only a portion of which is devoted to
the sale of liquor or beer.
Section 2.7 ``Malt liquor'' means beer, strong beer, ale, stout
and porter.
Section 2.8 ``Package'' means any container or receptacle used
for holding liquor.
Section 2.9 ``Public Place'' includes gaming facilities, eating
facilities and commercial or community facilities of every nature
which are open to and/or are generally used by the public and to
which the public is permitted to have unrestricted access; public
conveyances of all kinds and character; and all other places of like
or similar nature to which the general public has unrestricted
access or to which the general public has been invited, and which
generally are used by the public.
Section 2.10 ``Sale'' and ``Sell'' means any exchange, barter,
and/or traffic in liquor; and also includes the selling of or
supplying or distributing, by any means whatsoever, of liquor, or of
any liquid known or described as beer or by any name whatsoever
commonly used to describe malt or brewed liquor, or of wine, by any
person to any person. ``Sale'' and ``Sell'' includes conditional
sales contracts, leases with options to purchase, and any other
contract under which possession of property is given to the
purchaser, buyer or consumer, but title is retained by the vendor,
retailer, manufacturer or wholesaler as security for payment of the
purchase price. Specifically included is any transaction whereby,
for any consideration, title or possession of alcoholic beverages is
transferred from one person or entity to another, and includes the
delivery of alcoholic beverages pursuant to an order placed for such
beverages, or soliciting or receiving such beverages. ``Sale'' or
``Sell'' does not include the gift of alcoholic beverages among
family members or personal acquaintances in non-commercial
circumstances,
Section 2.11 ``Spirits'' means any beverage, which contains
alcohol obtained by distillation, including wines exceeding
seventeen percent (17%) of alcohol by weight.
Section 2.12 ``Tribal Council'' means the Tribal Council as
defined in Article IV of the Constitution of the Bear River Band of
Rohnerville Rancheria.
Section 2.13 ``General Council'' means the enrolled membership
of the Bear River Band of Rohnerville Rancheria eighteen years of
age or older.
Section 2.14 ``Tribal Land'' means any land within or without
the exterior boundaries of the original Rohnerville Rancheria and
any other lands held in trust by the United States for the Bear
River Band of Rohnerville Rancheria.
Section 2.15 ``Wine'' means any alcoholic beverage obtained by
fermentation of any fruits (grapes, berries, apples, etc.), or fruit
juice and containing not more than seventeen percent (17%) of
alcohol by weight, including sweet wines fortified with wine
spirits, such as port, sherry, muscatel and angelica, not exceeding
seventeen percent (17%) of alcohol by weight.
Article III: Powers of Enforcement
Section 3.1 The Tribal Council, in furtherance of this
Ordinance, shall have the following powers and duties:
(a) To publish and enforce such rules and regulations governing
the sale, manufacture and distribution of alcoholic beverages in
public places on the tribal lands as the Tribal Council may deem
necessary;
(b) To employ managers, accountants, security personnel,
inspectors and such other persons as shall be reasonably necessary
to allow the Tribal Council to perform its functions under this
Ordinance;
(c) To issue licenses permitting the sale, manufacture and/or
distribution of liquor on the Tribe's trust lands;
(d) To hold hearings on violations of this Ordinance or for the
issuance or revocation of licenses hereunder;
(e) To bring suit in any court of competent jurisdiction to
enforce this Ordinance as the Tribal Council determines is
necessary;
(f) To determine and seek damages for violation of this
Ordinance;
(g) To make reports to the General Council at least semi-
annually concerning the implementation of this Ordinance;
(h) To set, levy and collect sales taxes and fees on liquor
distribution, sales and/or consumption in commercial premises, and
the issuance of liquor licenses, and to keep accurate records, books
and accounts of such taxes and fees and expenditures therefrom; and,
[[Page 11690]]
(i) To exercise such other powers as the Tribal Council may
determine by duly-enacted resolution may be necessary to implement
this Ordinance and accomplish its purposes.
Section 3.2 Limitation on Powers. In the exercise of its powers
and duties under this Ordinance, the Tribal Council and its
individual members and staff shall not:
(a) Accept any gratuity, compensation or other thing of value
from any liquor wholesaler, retailer or distributor, or from any
licensee; or,
(b) Waive the Tribe's immunity from suit without the express and
separate consent of the General Council.
Section 3.3 Inspection Rights. The public places on or within
which liquor is sold, distributed or consumed shall be open for
inspection by the Tribal Council at all reasonable times for the
purposes of ascertaining compliance with this Ordinance and other
regulations promulgated pursuant thereto. The Tribal Council may
delegate all or part of its inspection authority to the Tribal
Gaming Commission or other subordinate tribal entity or agency, or
may contract with third parties for this purpose.
Article IV: Sale of Liquor
Section 4.1 License Required. No sales of alcoholic beverages
shall be made on or within the exterior boundaries of the Tribe's
trust lands as defined in this Ordinance, except at a business duly
licensed by the Tribal Council.
Section 4.2 Sales for Cash. All liquor sales on the Tribe's
trust lands shall be on a cash only basis, and no credit shall be
extended to any person, organization or entity in connection with
any such sales, except that this provision does not prevent the
payment for purchases with the use of cashiers' or personal checks,
money orders, payroll checks, or debit cards or credit cards issued
by any federally-or state-regulated financial institution.
Section 4.3 Sales for Personal Consumption. Except as may be
specifically licensed by the Tribal Council, all retail sales of
liquor shall be for the personal use and consumption of the
purchaser or members of the purchaser's household, including guests,
who are over the age of twenty-one (21). Resale of any alcoholic
beverage purchased within the exterior boundaries of tribal trust
lands is prohibited. Any person who is not licensed pursuant to this
Ordinance who purchases an alcoholic beverage within the boundaries
of tribal trust lands and re-sells it, whether in the original
container or not, shall be guilty of a violation of this Ordinance
and shall be subjected to exclusion from tribal trust lands or
liability for money damages of up to five hundred dollars ($500), or
both, as determined by the Tribal Council after giving the alleged
violator due notice and an opportunity to be heard concerning the
fact of the alleged violation and the appropriateness of any
penalty.
Article V: Licensing
Section 5.1 Procedure. In order to control the proliferation of
establishments on tribal trust lands that sell or provide liquor by
the bottle or by the drink, all persons or entities that desire to
sell liquor within the exterior boundaries of tribal trust lands or
on other Tribal Land must apply to the Tribal Council for a license
to sell or provide liquor; provided, however, that no license is
necessary to provide liquor for non-commercial purposes within a
private single-family residence on tribal trust lands for which no
money is requested or paid.
Section 5.2 State Licensing. No person shall be allowed or
permitted to sell or provide liquor on tribal trust lands if s/he
does not also have a license from the State of California to sell or
provide such liquor. If such license from the State is revoked or
suspended, the Tribal license shall automatically be revoked or
suspended as well.
Section 5.3 Application. Any person applying for a license to
sell or provide liquor on tribal trust lands shall complete and
submit an application provided for this purpose by the Tribal
Council, and pay such application fee as may be set from time to
time by the Tribal Council for this purpose. Incomplete applications
will not be considered.
Section 5.4 Issuance of License. The Tribal Council may issue a
license if it believes that the issuance of such license would be in
the best interest of the Tribe, the residents of tribal trust lands
and the surrounding community. Licensure is a privilege, not a
right, and the decision to issue any license rests in the sole
discretion of the Tribal Council.
Section 5.5 Duration of License. Each license may be issued for
a period not to exceed two (2) years from the date of issuance.
Section 5.6 Renewal of License. A licensee may renew its license
if it has complied in full with this Ordinance and has maintained
its licensure with the State of California; however, the Tribal
Council may refuse to renew a license if it finds that doing so
would not be in the best interests of the health and safety of the
members of the Tribe.
Section 5.7 Suspension or Revocation of License. The Tribal
Council may suspend or revoke a license for reasonable cause upon
notice and hearing at which the licensee shall be given an
opportunity to respond to any charges against it and to demonstrate
why the license should not be suspended or revoked. The licensee
shall have the burden of going forward and proving by a
preponderance of the evidence that the Tribal Council should not
suspend or revoke the license.
Section 5.8 Transferability of Licenses. Licenses issued by the
Tribal Council shall not be transferable and may only be utilized by
the persons or entities in whose name issued.
Article VI: Taxes
Section 6.1 Sales Tax. There is hereby levied and shall be
collected a tax on each retail sale of alcoholic beverages on tribal
trust lands in the amount of one percent (1%) of the retail sales
price. The tax imposed by this section shall apply to all retail
sales of liquor on tribal trust lands, and to the extent permitted
by law shall preempt any tax imposed on such liquor sales by the
State of California.
Section 6.2 Payment of Taxes to the Tribe. All taxes from the
sale of alcoholic beverages to tribal trust lands shall be paid over
to the General Treasury of the Tribe and be subject to the
distribution by the Tribal Council in accordance with its usual
appropriation procedures for essential governmental and social
services, including operation of the Tribal Council and
administration of this Ordinance.
Section 6.3 Taxes Due. All taxes upon the sale of alcoholic
beverages on tribal trust lands are due on the first day of the
month following the end of the calendar quarter for which the taxes
are due. Past due taxes shall accrue interest at 1.5% per month, or
eighteen percent (18%) per annum.
Section 6.4 Reports. Along with payment of the taxes imposed
herein, the taxpayer shall submit an accounting for the quarter of
all income from the sale or distribution of said beverages as well
as for the taxes collected.
Section 6.5 Audit. As a condition of obtaining a license, the
licensee must agree to the review or audit of its books and records
relating to the sale of alcoholic beverages on tribal trust lands.
Said review or audit may be done periodically by the Tribal Council
through its agents or employees whenever in the discretion of the
Tribal Council such a review is necessary to verify the accuracy of
reports.
Article VII: Rules, Regulations and Enforcement
Section 7.1 In any proceeding under this title, proof by a
preponderance of the evidence of one unlawful sale or distribution
of liquor shall suffice to establish prima facie intent or purpose
of unlawfully keeping liquor for sale, selling liquor or
distributing liquor in violation of this title.
Section 7.2 Any person who shall sell or offer for sale or
distribute or transport in any manner any liquor in violation of
this Ordinance, or who shall operate or shall have liquor in his/her
possession without a license required by this Ordinance, shall be
guilty of a violation of this Ordinance and subject to civil damages
assessed by the Tribal Council. Nothing in this Ordinance shall
apply to the possession or transportation of any quantity of liquor
by members of the Tribe for their personal or other non-commercial
use, and the non-commercial possession, transportation, sale,
consumption or other disposition of liquor in locations on tribal
trust lands other than ``public places'' as defined herein shall be
governed solely by the laws of the State of California.
Section 7.3 Any person within the boundaries of tribal trust
lands who, in a public place, buys liquor from any person or entity
other than at a properly-licensed facility and in accordance with
this Ordinance shall be guilty of a violation of this Ordinance.
Section 7.4 Any person who sells liquor to a person apparently
under the influence of liquor shall be guilty of a violation of this
Ordinance.
Section 7.5 No person under the age of twenty-one (21) years
shall consume, acquire
[[Page 11691]]
or have in his/her possession any alcoholic beverages. Any person
violating this Section in a public place shall be guilty of a
separate violation of this Ordinance for each and every drink or
container of alcoholic beverages so consumed, acquired or possessed.
Section 7.6 Any person who, in a public place, shall sell or
provide any liquor to any person under the age of twenty-one (21)
years shall be guilty of a violation of this Ordinance for each such
sale or drink provided.
Section 7.7 Any person guilty of a violation of this Ordinance
shall be liable to pay the Tribe up to five hundred dollars ($500)
per violation as civil damages to defray the Tribe's cost of
enforcement of this Ordinance. The amount of such damages in each
case shall be determined by the Tribal Council based upon a
preponderance of the evidence available to the Tribal Council after
the person alleged to have violated this Ordinance has been given
due notice and an opportunity to respond to such allegations.
Section 7.8 Whenever it reasonably appears to a licensed
purveyor of liquor that a person seeking to purchase liquor is under
the age of twenty-seven (27) years, the prospective purchaser shall
be required to present any one of the following officially-issued
cards of identification which shows his/her correct age and bears
his/her signature and photograph:
(a) Driver's license of any state or identification card issued
by any state Department of Motor Vehicles;
(b) United States Active Duty Military;
(c) Passport; or,
(d) Gaming license, work permit or other identification issued
by the Tribal Council, if said license, permit or identification
contains the bearer's correct age, signature and photograph.
Article VIII: Abatement
Section 8.1 Any public place where liquor is sold, manufactured,
bartered, exchanged, given away, furnished, or otherwise disposed of
in violation of the provisions of this Ordinance, and all property
kept in and used in maintaining such place, is hereby declared to be
a public nuisance.
Section 8.2 The Tribal Chairperson, upon authorization by a
majority of the Tribal Council, or, if he/she fails to do so, a
majority of the Tribal Council acting at a duly-called meeting at
which a quorum is present, shall direct the tribal department of
public safety or equivalent department of the tribal government to
abate any such nuisance. If necessary, the Tribal Council shall be
authorized to institute and maintain an action in a court of
competent jurisdiction in the name of the Tribe to abate and
perpetually enjoin any nuisance declared under this title. Upon
establishment that probable cause exists to find that a nuisance
exists, restraining orders, temporary injunctions and permanent
injunctions may be granted in the cause as in other injunction
proceedings, and upon final judgment against the defendant the court
may also order the room, structure or place closed for a period of
one (1) year or until the owner, lessee, tenant or occupant thereof
shall give bond of sufficient sum of not less than twenty-five
thousand dollars ($25,000) payable to the Tribe and conditioned that
liquor will not be thereafter manufactured, kept, sold, bartered,
exchanged, given away, furnished or otherwise disposed of therein in
violation of the provision of this Ordinance or of any other
applicable tribal law, and that she will pay all fines, costs and
damages assessed against him/her for any violation of this Ordinance
or other Tribal laws. If any conditions of the bond should be
violated, the whole amount may be recovered for the use of the
Tribe.
Section 8.3 In all cases where any person has been found
responsible for a violation of this Ordinance relating to
manufacture, importation, transportation, possession, distribution
and sale of liquor, an action may be brought in a court of competent
jurisdiction to abate as a public nuisance the use of any real
estate or other property involved in the violation of this
Ordinance, and proof of violation of this Ordinance shall be prima
facie evidence that the room, house, building, vehicle, structure,
or place against which such action is brought, is a public nuisance.
Unless a tribal court has been established or designated by contract
at the time any such action is to be filed, the Tribal Council shall
sit as the tribal court for the purpose of ordering the abatement of
such nuisance.
Article IX: Profits
Section 9.1 The gross proceeds collected by the Tribal Council
from all licensing of the sale of alcoholic beverages on tribal
trust lands, and from proceedings involving violations of this
Ordinance, shall be distributed as follows:
(a) First, for the payment of all necessary personnel,
administrative costs, and legal fees incurred in the enforcement of
this Ordinance; and,
(b) Second, the remainder shall be turned over to the General
Fund of the Tribe and expended by the Tribal Council for
governmental services and programs on tribal trust lands.
Article X: Severability and Effective Date
Section 10.1 If any provision or application of this Ordinance
is determined by judicial review to be invalid, such adjudication
shall not be held to render ineffectual the remaining portions of
this title, or to render such provisions inapplicable to other
persons or circumstances.
Section 10.2 This Ordinance shall be effective on such date as
the Secretary of the Interior certifies this Ordinance and publishes
the same in the Federal Register.
Section 10.3 Any and all prior enactments of the Tribe that are
inconsistent with the provisions of this Ordinance are hereby
rescinded and repealed.
Section 10.4 All acts and transactions under this Ordinance
shall be in conformity with the laws of the State of California as
that term is used in 18 U.S.C. 1161, but only to the extent required
by the laws of the United States.
Article XI: Amendment
This Ordinance may only be amended by majority vote of more than
50% of the Tribal Council attending a duly noticed meeting at which
a quorum is present.
Article XII: Certification and Effective Date
This is to certify that the Bear River Band of Rohnerville
Rancheria Tribal Council adopted the foregoing Ordinance at a duly
held, noticed and convened meeting on June 30, 2004 of the Tribal
Council at which a quorum of at least three (3) members were present
by a vote of 4 in Favor, 0 Opposed, 0 Abstaining and 0 Absent as
attested to and certified by the Tribal Chairman and Tribal
Secretary, and shall be effective upon approval by the Secretary of
the Interior or his designee as provided by federal law.
Attested by:
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(Leonard Bowman, Tribal Council Chairperson)
Date
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(Aileen Meyer, Tribal Council Secretary)
(Date)
[FR Doc. 05-4560 Filed 3-8-05; 8:45 am]
BILLING CODE 4310-4J-P