Bear River Band of Rohnerville Rancheria-Sale and Consumption of Alcoholic Beverages, 11688-11691 [05-4560]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs
• Indian Affairs Bureau

[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