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Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices
prosecuting the appeal that are established by the Authorized Governing Council of the Nation. The disposition of the appeal by the Authorized Governing Council of the Nation shall be final and nonappealable.
Article 6: License; Terms and Conditions A. A license issued by the Commission pursuant to this Ordinance shall be for a term of one 1 year, commencing on the date of issuance.
B. No transfer, conveyance or assignment of a license issued by the Commission pursuant to this Ordinance may occur without the prior written consent of the Commission.

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Article 7: Issuance of a License A license shall be issued to the applicant by the Commission only after such applicants application has been approved by the Commission.
Article 8: Violations; Fines; Seizure;
Hearing; Appeal Rights A. Any person who violates this Ordinance or any rule or regulation promulgated pursuant thereto shall be subject to a fine not to exceed $500 per violation as civil damages to defray the Commissions cost of enforcing this Ordinance. In addition to any fine so imposed, any license or permit issued hereunder may be suspended or revoked by the Commission for the violation of any of the provisions of this Ordinance, or rules or regulations promulgated thereto.
B. Beverages containing alcohol that are manufactured, sold, distributed or possessed contrary to the terms of this Ordinance are hereby declared to be contraband. The Commission, on a majority vote, may authorize any officer of the Commission or any other individual it deems to be qualified, to enforce this Article 8. Any individual who is authorized by the Commission to enforce this Article 8 shall have the authority to seize all contraband. All contraband seized shall be preserved in accordance with applicable Nation and State law. Upon being found in violation of this Ordinance by the Commission, the party shall forfeit all right, title and interest in the items seized which shall become the property of the Nation, subject to such partys hearing and appeal rights, as described herein.
C. The Commission shall grant to all persons: i A hearing regarding any violations, fines, license suspensions or contraband seizures under this Ordinance, and ii all the rights and due process granted by the Indian Civil
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Rights Act, 25 U.S.C. 1302, et seq.
Notice of a Commission hearing regarding an alleged violation of this Ordinance shall be given to the affected individuals or entityies by certified mail at least ten 10 days in advance of the hearing. The notice will be delivered in person or by certified mail with the Commission retaining proof of service.
The notice will set out the rights of the alleged violator, including but not limited to the right to an attorney to represent the alleged violator, the right to speak and to present witnesses and to cross-examine any witnesses against them.
D. Any adverse determination made by the Commission may be appealed within thirty 30 days of such determination by the alleged violator by filing a Notice of Appeal with the Authorized Governing Council of the Nation. A copy of such Notice must be concurrently served upon the Commission. The disposition of the appeal by the Authorized Governing Council of the Nation shall be final and non-appealable.
Article 9: Severability If a court or other judicial body of competent jurisdiction invalidates any part of this Ordinance, all valid parts that are severable from the invalid part shall remain in effect. If a part of this Ordinance is invalid in one or more of its applications, that part shall remain in effect in all valid applications that are severable from the invalid applications.
Article 10: Criminal Jurisdiction This Ordinance does not in any way confer upon the Nation criminal jurisdiction over non-Indians.
Article 11: Interpretation A. Sovereign Immunity. By enacting this Ordinance, the Nation does not waive in any respect its sovereign immunity or that of its agents in any manner, under any law, for any purpose, or in any place.
B. No Right of Action. This Ordinance does not create any right, cause of action, or benefit enforceable at law or in equity by any person against the Nation, its agencies, or any of its officers or employees, or any other person.
C. Not Subject to Modification. This Ordinance is not subject to modification in any state or federal court or by any authority outside the Cayuga Nation of New York.

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Article 12: Effective Date This Ordinance is effective thirty 30
days after its publication in the Federal Register.
Bryan Newland, Principal Deputy Assistant SecretaryIndian Affairs.
FR Doc. 202114219 Filed 7121; 8:45 am BILLING CODE 433715P

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs 212A2100DD/AAKC001030/
A0A501010.999900253G

Indian Gaming; Approval by Operation of Law of Tribal-State Class III Gaming Compact in the State of Indiana Bureau of Indian Affairs, Interior.
ACTION: Notice.
AGENCY:

This notice publishes the approval by operation law of the compact between the Pokagon Band of Potawatomi Indians Tribe and the State of Indiana State providing for the conduct of Tribal class III gaming by the Tribe.
DATES: The compacts take effect on July 2, 2021.
FOR FURTHER INFORMATION CONTACT: Ms.
Paula L. Hart, Director, Office of Indian Gaming, Mailstop 3543, 1849 C Street NW, Washington, DC 20240, telephone 202 2194066, paula.hart@bia.gov.
SUPPLEMENTARY INFORMATION: The Indian Gaming Regulatory Act of 1988, 25 U.S.C. 2701 et seq., IGRA provides the Secretary of the Interior Secretary with 45 days to review and approve or disapprove a Tribal-State compact governing the conduct of class III
gaming activity on the Tribes Indian lands. 25 U.S.C. 2710d8. If the Secretary does not approve or disapprove a Tribal-State compact within the 45 days, IGRA provides that the Tribal-State compact is considered to have been approved by the Secretary but only to the extent the compact is consistent with IGRA. 25 U.S.C.
2710d8C. The IGRA also requires the Secretary of the Interior to publish in the Federal Register notice of approved Tribal-State compacts for the purpose of engaging in Class III gaming activities on Indian lands. 25 U.S.C.
2710d8D. The Departments regulations at 25 CFR 293.4, require all compacts and amendments to be reviewed and approved by the Secretary prior to taking effect. The Secretary took no action on the Compact between the Pokagon Band of Potawatomi Indians SUMMARY:

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