Confederated Tribes of the Umatilla Reservation Liquor Code, 17492-17494 [06-3336]
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17492
Federal Register / Vol. 71, No. 66 / Thursday, April 6, 2006 / Notices
descend from two Christiantown
Indians, Charles H. and Leander Peters,
who according to the petitioner’s
governing document, are eligible
ancestors.
The petitioner submitted evidence
which shows that about 90 percent of
the current members (1,323 of 1,462)
have documented their claimed ancestry
and meet the group’s own membership
requirements in its 2004 governing
document: 88 percent from the
historical Mashpee tribe as defined by
the 1861 Earle Report, and 2 percent
solely from two Christiantown Indians.
Based on precedents in previous
findings, this 88 percent is sufficient to
meet the requirements of 83.7(e)(1) for
descent from the historical tribe.
However, the petitioner is urged to
submit the necessary evidence to
document the ancestry for the remaining
139 individuals (10 percent of 1,462).
The petitioner submitted a
membership list dated November 15,
2002, with the full names, birth dates,
and addresses of 1,462 members, which
was separately certified by the current
governing body on February 23, 2006.
The MWT submitted a separately
certified membership list, and
documented that 88 percent of its
members descend from the historical
Mashpee tribe. Based on precedents, the
MWT meets the requirements of
criterion 83.7(e).
Criterion 83.7(f) requires that the
membership of the petitioning group be
composed principally of persons who
are not members of any acknowledged
North American Indian tribe. A review
of the available documentation revealed
that the membership is composed
principally of persons who are not
members of any acknowledged North
American Indian tribe. The petitioner
meets criterion 83.7(f).
Criterion 83.7(g) requires that neither
the petitioner nor its members be the
subject of congressional legislation that
has expressly terminated or forbidden
the Federal relationship. A review of the
available documentation showed no
evidence that the petitioning group was
the subject of congressional legislation
to terminate or prohibit a Federal
relationship as an Indian tribe. The
petitioner meets the requirements of
criterion 83.7(g).
Based on this preliminary finding, the
Department proposes to acknowledge as
an Indian Tribe under 25 CFR Part 83
the petitioner known as the Mashpee
Wampanoag Indian Tribal Council,
Incorporated.
As provided by 25 CFR 83.1(h), a
report summarizing the evidence,
reasoning, and analyses that are the
basis for the proposed decision will be
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provided to the petitioner and interested
parties, and is available to other parties
upon written request.
Publishing notice of the proposed
finding in the Federal Register initiates
a 180-day comment period during
which the petitioner, interested and
informed parties, and the public may
submit arguments and evidence to
support or rebut the evidence used in
the proposed finding. Interested or
informed parties must provide copies of
their submissions to the petitioner. The
regulations, 25 CFR 83.10(k), provide
the petitioner a minimum of 60 days to
respond to any submissions by
interested and informed parties on the
proposed finding during the comment
period. The Agreement modifies this
time-frame, providing the MWT a 30day response period. If the MWT wants
the 60-day response period, it must
notify the Department in writing prior to
the expiration of the 30-day response
period. If the interested or informed
parties do not provide submissions
during the 180-day comment period, the
MWT may submit a written waiver of its
response period to the Department.
As provided in the Agreement, the
Department will issue a final
determination on the MWT petition on
or before March 30, 2007. If the
Mashpee petitioner does not request the
full 60-day response period, the
Department will work to issue the final
determination before March 30, 2007.
The Department, as per the Agreement,
will exercise due diligence to publish
notice of the proposed finding in the
Federal Register within 5 business days
of being issued.
After the publication of notice of the
final determination, the petitioner or
any interested party may file a request
for reconsideration with the Interior
Board of Indian Appeals (IBIA) under
the procedures set forth in section 83.11
of the regulations. This request must be
received by the IBIA no later than 90
days after the publication of the final
determination in the Federal Register.
The final determination will become
effective as provided in the regulations
90 days from the Federal Register
publication unless a request for
reconsideration is filed within that time
period.
Dated: March 31, 2006.
James E. Cason,
Associate Deputy Secretary.
[FR Doc. E6–5017 Filed 4–5–06; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Confederated Tribes of the Umatilla
Reservation Liquor Code
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: This notice publishes the
Confederated Tribes of the Umatilla
Indian Reservation Tribal Liquor Code
(Code). The Code regulates and controls
the possession, sale and consumption of
liquor within the Confederated Tribes of
the Umatilla Indian Reservation. The
Reservation is located on trust land and
this Code allows for the possession and
sale of alcoholic beverages within the
exterior boundaries of the Confederated
Tribes of the Umatilla Indian
Reservation. This Code will increase the
ability of the tribal government to
control the community’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 Code is
effective on April 6, 2006.
FOR FURTHER INFORMATION CONTACT:
Betty Scissons, Division of Tribal
Government Services, Bureau of Indian
Affairs, Northwest Regional Office, 911
NE 11th Avenue, Portland, OR 97232–
4169, Telephone (503) 231–6723, Fax
503–231–2201; or Ralph Gonzales,
Office of Tribal Services, 1951
Constitution Avenue, NW., Mail Stop
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 codes
for the purpose of regulating liquor
transactions in Indian country. The
Confederated Tribes of the Umatilla
Indian Reservation Board of Trustees
adopted its Liquor Code by Resolution
No. 05–127 on December 19, 2005. The
purpose of this Code is to govern the
sale, possession and distribution of
alcohol within the Confederated Tribes
of the Umatilla Indian Reservation. This
notice is published in accordance with
the authority delegated by the Secretary
of the Interior to the Principal Deputy
Assistant Secretary—Indian Affairs. I
certify that this Liquor Code of the
Confederated Tribes of Coos was duly
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Federal Register / Vol. 71, No. 66 / Thursday, April 6, 2006 / Notices
adopted by the Board of Trustees on
December 19, 2005.
Dated: March 31, 2006.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary—
Indian Affairs.
The Confederated Tribes of the
Umatilla Indian Reservation Tribal
Liquor Code reads as follows:
Liquor Code Confederated Tribes of the
Umatilla Indian Reservation
Liquor Code
Chapter 1. Liquor Code
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Section 1.01. Title
This Code shall be the Liquor Code of the
Confederated Tribes of the Umatilla Indian
Reservation (Confederated Tribes) and shall
be referenced as the Liquor Code.
Section 1.02. Findings and Purpose
A. The introduction, possession, and sale
of liquor on Indian reservations have
historically been recognized as a matter of
special concern to Indian tribes and to the
United States. The control of liquor on the
Umatilla Indian Reservation remains
exclusively subject to the legislative
enactments of the Confederated Tribes in its
exercise of its governmental powers over the
Reservation, and the United States.
B. Federal law currently prohibits the
introduction of liquor into Indian Country
(18 U.S.C. 1154), leaving tribes the decision
regarding when and to what extent liquor
transactions, sales, possession and service
shall be permitted on their reservation (18
U.S.C. 1161).
C. The Board of Trustees, as the governing
body of the Confederated Tribes pursuant to
Article VI, § 1 of the Constitution and Bylaws
of the Confederated Tribes, discussed and
approved a Resolution to permit the sale and
service of liquor at the Wildhorse Resort &
Casino, but at no other location, at the Board
of Trustee meeting held on October 3, 2005.
D. Pursuant to the authority in Article VI,
§ 1(a) of the Confederated Tribes’
Constitution, the Board of Trustees has the
authority ‘‘to represent the [Confederated]
Tribes and to negotiate with the Federal,
State and local governments * * * on * * *
projects and legislation that affect the
[Confederated] Tribes’’.
E. Pursuant to the authority in Article VI,
§ 1(d) of the Confederated Tribes’
Constitution, the Board of Trustees has the
authority ‘‘to promulgate and enforce
ordinances governing the conduct of all
persons and activities within the boundaries
of the Umatilla Indian Reservation, providing
for the procedure of the Board of Trustees,
and carrying out any powers herein conferred
upon the Board of Trustees’’.
F. The enactment of this Liquor Code to
govern liquor sales and service on the
Umatilla Indian Reservation, and the
limitation of such liquor sales and service at
the Wildhorse Resort & Casino, will increase
the ability of the Confederated Tribes to
control Reservation liquor distribution and
possession, and at the same time will provide
an important source of revenue for the
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continued operation of tribal government and
the delivery of governmental services, as well
as provide an amenity to customers at the
Wildhorse Resort & Casino.
G. The Confederated Tribes will enter into
a Memorandum of Understanding (MOU)
with the Oregon Liquor Control Commission
to deal with governmental issues associated
with the licensing and regulation of liquor
sales on the Umatilla Indian Reservation.
Section 1.03. Definitions
A. Unless otherwise required by the
context, the following words and phrases
shall have the designated meanings.
1. ‘‘Alcohol’’. That substance known as
ethyl alcohol, hydrated oxide or ethyl, spirits
or wine as defined herein, which is
commonly produced by the fermentation or
distillation of grain, starch, molasses, or
sugar, or other substances including all
dilutions and mixtures of those substances.
2. ‘‘Wildhorse Chief Operating Officer’’.
That person appointed by the Confederated
Tribes to manage the Wildhorse Resort &
Casino.
3. ‘‘Liquor’’ or ‘‘Liquor Products’’. Includes
the four varieties of liquor herein defined
(alcohol, spirits, wine, and beer) and all
fermented, spirituous, vinous, or malt liquor,
or a combination thereof, and mixed liquor,
a part of which is fermented, spirituous,
vinous, or malt liquor or otherwise
intoxicating in every liquid or solid or semisolid or other substance patented or not
containing alcohol, spirits, wine, or beer, and
all drinks of potable liquids and all
preparations or mixtures capable of human
consumption, and any liquid, semi-solid,
solid, or other substance, which contains
more than one percent (1%) of alcohol by
weight shall be conclusively deemed to be
intoxicating.
4. ‘‘Wildhorse Resort & Casino’’. Shall be
the casino, hotel, golf course, and RV park
located on the 640 acre Wildhorse site
located on the Umatilla Indian Reservation
which is more specifically described in
Exhibit 1 to the Tribal-State Compact
between the Confederated Tribes and the
State of Oregon.
5. ‘‘Sale’’ and ‘‘Sell’’. Includes exchange,
barter, and traffic; and also the supplying or
distribution by any means whatsoever, of
liquor or any liquid known or described as
beer or by any name whatever commonly
used to describe malt or brewed liquor or
wine, by any person to any other person; and
also includes the supply and distribution to
any other person.
6. ‘‘Spirits’’. Any beverage which contains
alcohol obtained by distillation, including
wines exceeding seventeen percent (17%) of
alcohol by weight.
7. ‘‘Wine’’. Any alcoholic beverage
obtained by fermentation of fruits, grapes,
berries, or any other agricultural product
containing sugar, to which any saccharin
substances may have been added before,
during or after fermentation, 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 anglican, not exceeding
seventeen percent (17%) of alcohol by
weight.
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17493
Section 1.04. Jurisdiction
To the extent permitted by applicable law,
the Confederated Tribes asserts jurisdiction
to determine whether liquor sales and service
are permitted within the boundaries of the
Umatilla Indian Reservation. As provided in
section 1.06 of this Code, liquor sales and
service is only permitted at the Wildhorse
Resort & Casino facilities under this Code.
Nothing in this Code is intended nor shall be
construed to limit the jurisdiction of the
Confederated Tribes to all lands within the
boundaries of the Umatilla Indian
Reservation.
Section 1.05. Relation to Other Laws
All prior codes, ordinances, resolutions
and motions of the Confederated Tribes
regulating, authorizing, prohibiting, or in any
way dealing with the sale or service of liquor
are hereby repealed and are of no further
force or effect to the extent they are
inconsistent or conflict with the provisions of
this Code. Specifically, amendments to the
Criminal Code to make it consistent with this
Liquor Code have been approved by
Resolution 05–095 (October 3, 2005). No
Tribal business licensing law or other Tribal
law shall be applied in a manner inconsistent
with the provisions of this Code.
Section 1.06. Authorized Sale and Service of
Liquor
A. Liquor may be offered for sale and may
be served on the Umatilla Indian Reservation
only at the following Wildhorse Resort &
Casino facilities: Casino, hotel, golf course,
and RV park. The sales and service of liquor
at Wildhorse Resort & Casino facilities may
only be permitted in the following areas.
1. Casino. Lounge(s), restaurant(s), bingo/
multipurpose hall when used for
entertainment, food service, or convention/
meeting purposes, conference/meeting room
facility, entertainment facilities constructed
within or adjacent to the Casino building and
on casino premises in connection with
special events (i.e., concert, rodeo event, car
shows, etc.). All such sales and service of
liquor shall be consistent with the TribalState Compact.
2. Golf course. Clubhouse and on the golf
course.
3. Hotel. Hotel meeting room and in hotel
rooms by guest use of room service, etc.
4. RV park. In common area at special
events and in individual RVs.
B. The Board of Trustees hereby authorizes
the Wildhorse Chief Operating Officer to
apply for and maintain the appropriate
license(s) from the Oregon Liquor Control
Commission (OLCC) for the sales and service
of liquor at the Wildhorse Resort & Casino as
provided in this Code. The Wildhorse Chief
Operating Officer is further authorized to
treat as a casino expense any license fees
associated with the OLCC liquor license.
Section 1.07. Prohibitions
A. General Prohibitions. The commercial
introduction of liquor for sales and service,
other than by the Confederated Tribes
through its Wildhorse Resort & Casino as
permitted by this Code, is prohibited within
the Umatilla Indian Reservation, and is
hereby declared an offense under Tribal law.
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17494
Federal Register / Vol. 71, No. 66 / Thursday, April 6, 2006 / Notices
Federal liquor laws applicable to Indian
Country shall remain applicable to any
person, act, or transaction which is not
authorized by this Code and violators of this
Code shall be subject to federal prosecution
as well as to legal action in accordance with
the law of the Confederated Tribes.
B. Age Restrictions. No person shall be
authorized to serve liquor to casino patrons
unless they are at least 21 years of age. No
person may be served liquor unless they are
21 years of age.
C. No Consumption of Liquor Outside of
Wildhorse Resort & Casino Premises. All
liquor sales and service authorized by this
Code shall be fully consumed within the
areas of the Wildhorse Resort & Casino as set
forth in § 1.06 of this Code. No open
containers of liquor, or unopened containers
of liquor in bottles, cans, or otherwise may
be permitted outside of the above-described
premises.
D. No Credit Liquor Sales. The sales and
service of liquor authorized by this Code
shall be upon a cash basis only. Payment for
liquor shall be by cash, credit card, or check.
Section 1.08. Conformity With State Law
Authorized liquor sales and service on the
Umatilla Indian Reservation shall comply
with Oregon State liquor law standards to the
extent required by 18 U.S.C. 1161. The
Wildhorse Chief Operating Officer shall be
responsible for ensuring that all OLCC
license requirements are satisfied, that the
license(s) is renewed on an annual basis, and
that all reasonable and necessary actions are
taken to sell and serve liquor to Wildhorse
patrons in a manner consistent with this
Code, applicable State law, and the TribalState Compact. The Wildhorse Chief
Operating Officer shall also be authorized to
purchase liquor from the State or other
source for sale and service within the
Wildhorse Resort & Casino.
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Section 1.09. Penalty
Any person or entity possessing, selling,
serving, bartering, or manufacturing liquor
products in violation of any part of this Code
shall be subject to a civil fine of not more
than $500 for each violation involving
possession, but up to $5,000 for each
violation involving selling, bartering, or
manufacturing liquor products in violation of
this Code, and violators may be subject to
exclusion from the Umatilla Indian
Reservation. In addition, persons or entities
subject to the criminal jurisdiction of the
Confederated Tribes who violate this Code
shall be subject to criminal punishment as
provided in the Criminal Code. All
contraband liquor shall be confiscated by the
Umatilla Tribal Police Department (UTPD).
The Umatilla Tribal Court shall have
exclusive jurisdiction to enforce this Code
and the civil fines, criminal punishment and
exclusion authorized by this section.
Section 1.10. Sovereign Immunity Preserved
Nothing in this Code is intended or shall
be construed as a waiver of the sovereign
immunity of the Confederated Tribes. No
manager or employee of the Wildhorse Resort
& Casino shall be authorized, nor shall they
attempt, to waive the sovereign immunity of
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the Confederated Tribes pursuant to this
Code.
Section 1.11. Severability
If any provision or provisions in this Code
are held invalid by a court of competent
jurisdiction, this Code shall continue in
effect as if the invalid provision(s) were not
a part hereof.
Section 1.12. Effective Date
This Code shall be effective following
approval by the Board of Trustees and
approval by the Secretary of the Interior or
his/her designee and publication in the
Federal Register as provided by Federal law.
Appendix A Legislative History
Liquor Code
Legislative History
The Board of Trustees enacted the Liquor
Code in Resolution No. 05–094 (October 3,
2005). In Resolution No. 05–127 (December
19, 2005), the Board amended section 1.12 of
the Code. No further amendments or
revisions have been enacted.
[FR Doc. 06–3336 Filed 4–5–06; 8:45 am]
BILLING CODE 4310–4J–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[WY–100–06–1610–DJ]
Call for Nominations for the Pinedale
Anticline Working Group
Bureau of Land Management,
Interior.
ACTION: Call for nominations for
membership to the Pinedale Anticline
Working Group as part of the Adaptive
Environmental Management program for
the Pinedale Anticline Project Area in
Southwestern Wyoming
AGENCY:
All nominations should be
postmarked by 45 days from date of
publication in the Federal Register.
Final appointments will be made by the
Secretary of the Interior.
ADDRESSES: Nominations should be sent
to Matt Anderson, Pinedale Anticline
Working Group and Task Groups
Coordinator, Bureau of Land
Management, Pinedale Field Office, 432
East Mill Street, P.O. Box 768, Pinedale,
Wyoming 82941.
SUMMARY: On August 13, 2004, the
Secretary of the Interior renewed the
Charter for the Pinedale Anticline
Working Group and Task Groups
(PAWG). Current members of the PAWG
are coming up on the end of their 2-year
appointment and we are now initiating
the process to select seven of the nine
memberships of the PAWG. Several
interest groups, governmental agencies,
and local interests will be given the
opportunity to be represented on the
DATES:
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PAWG, including previous PAWG
members. Individuals or groups
interested in becoming a member of the
PAWG should submit the specified
information within 45 days of this
Notice.
Matt
Anderson, PAWG Coordinator, BLM,
Pinedale Field Office, P.O. Box 768,
Pinedale, Wyoming, 82941, telephone
(307) 367–5328.
SUPPLEMENTARY INFORMATION: The
Federal Advisory Committee Act (5
U.S.C. Appendix 1) requires
establishment of a system governing
advisory committees in the Executive
Branch of the Federal Government and
specific policies, procedures, and
responsibilities for committee creation,
management and termination.
The Federal Land Policy, and
Management Act of 1976 (43 U.S.C.
1701 et seq.) as amended by the Public
Rangelands Improvement Act of 1978
(43 U.S.C. 1901 et seq.) requires
establishment of advisory councils
representative of major citizen interests
concerned with resource management
planning or the management of public
lands.
Section 2 of the Reorganization Plan
No. 3 of 1950 (5 U.S.C. Appendix, as
amended; 64 Stat. 1262), authorizes the
Secretary of the Interior to make
provisions deemed appropriate
authorizing the performance by any
other officer, or by any agency or
employee or Department of the Interior
of a Departmental function. The
establishment of advisory committees is
deemed an appropriate action.
On August 13, 2004, the Secretary of
the Interior renewed the Charter for the
Pinedale Anticline Working Group and
Task Groups (PAWG). In May 2004,
nine members representing interest
groups, governmental agencies, and
local interests were appointed to the
PAWG to serve a 2-year term. One
member representing the public-at-large
and one member representing Sublette
County resigned. Recommendations for
those two positions have been made and
forwarded to the Secretary of the
Interior’s office for selection.
Nominations are being taken for the
other seven positions. Members will be
selected to represent the following:
Public-at-large, State of Wyoming,
ranching community, land owners,
environmental community, Town of
Pinedale, and oil and gas operators. The
Charter established several membership
selection criteria and operational
procedures that were developed once
the Working Group became active.
These are listed as follows:
FOR FURTHER INFORMATION CONTACT:
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]]>Agencies
[Federal Register Volume 71, Number 66 (Thursday, April 6, 2006)]
[Notices]
[Pages 17492-17494]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3336]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Confederated Tribes of the Umatilla Reservation Liquor Code
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Confederated Tribes of the Umatilla
Indian Reservation Tribal Liquor Code (Code). The Code regulates and
controls the possession, sale and consumption of liquor within the
Confederated Tribes of the Umatilla Indian Reservation. The Reservation
is located on trust land and this Code allows for the possession and
sale of alcoholic beverages within the exterior boundaries of the
Confederated Tribes of the Umatilla Indian Reservation. This Code will
increase the ability of the tribal government to control the
community'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 Code is effective on April 6, 2006.
FOR FURTHER INFORMATION CONTACT: Betty Scissons, Division of Tribal
Government Services, Bureau of Indian Affairs, Northwest Regional
Office, 911 NE 11th Avenue, Portland, OR 97232-4169, Telephone (503)
231-6723, Fax 503-231-2201; or Ralph Gonzales, Office of Tribal
Services, 1951 Constitution Avenue, NW., Mail Stop 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 codes for the purpose of regulating liquor
transactions in Indian country. The Confederated Tribes of the Umatilla
Indian Reservation Board of Trustees adopted its Liquor Code by
Resolution No. 05-127 on December 19, 2005. The purpose of this Code is
to govern the sale, possession and distribution of alcohol within the
Confederated Tribes of the Umatilla Indian Reservation. This notice is
published in accordance with the authority delegated by the Secretary
of the Interior to the Principal Deputy Assistant Secretary--Indian
Affairs. I certify that this Liquor Code of the Confederated Tribes of
Coos was duly
[[Page 17493]]
adopted by the Board of Trustees on December 19, 2005.
Dated: March 31, 2006.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
The Confederated Tribes of the Umatilla Indian Reservation Tribal
Liquor Code reads as follows:
Liquor Code Confederated Tribes of the Umatilla Indian Reservation
Liquor Code
Chapter 1. Liquor Code
Section 1.01. Title
This Code shall be the Liquor Code of the Confederated Tribes of
the Umatilla Indian Reservation (Confederated Tribes) and shall be
referenced as the Liquor Code.
Section 1.02. Findings and Purpose
A. The introduction, possession, and sale of liquor on Indian
reservations have historically been recognized as a matter of
special concern to Indian tribes and to the United States. The
control of liquor on the Umatilla Indian Reservation remains
exclusively subject to the legislative enactments of the
Confederated Tribes in its exercise of its governmental powers over
the Reservation, and the United States.
B. Federal law currently prohibits the introduction of liquor
into Indian Country (18 U.S.C. 1154), leaving tribes the decision
regarding when and to what extent liquor transactions, sales,
possession and service shall be permitted on their reservation (18
U.S.C. 1161).
C. The Board of Trustees, as the governing body of the
Confederated Tribes pursuant to Article VI, Sec. 1 of the
Constitution and Bylaws of the Confederated Tribes, discussed and
approved a Resolution to permit the sale and service of liquor at
the Wildhorse Resort & Casino, but at no other location, at the
Board of Trustee meeting held on October 3, 2005.
D. Pursuant to the authority in Article VI, Sec. 1(a) of the
Confederated Tribes' Constitution, the Board of Trustees has the
authority ``to represent the [Confederated] Tribes and to negotiate
with the Federal, State and local governments * * * on * * *
projects and legislation that affect the [Confederated] Tribes''.
E. Pursuant to the authority in Article VI, Sec. 1(d) of the
Confederated Tribes' Constitution, the Board of Trustees has the
authority ``to promulgate and enforce ordinances governing the
conduct of all persons and activities within the boundaries of the
Umatilla Indian Reservation, providing for the procedure of the
Board of Trustees, and carrying out any powers herein conferred upon
the Board of Trustees''.
F. The enactment of this Liquor Code to govern liquor sales and
service on the Umatilla Indian Reservation, and the limitation of
such liquor sales and service at the Wildhorse Resort & Casino, will
increase the ability of the Confederated Tribes to control
Reservation liquor distribution and possession, and at the same time
will provide an important source of revenue for the continued
operation of tribal government and the delivery of governmental
services, as well as provide an amenity to customers at the
Wildhorse Resort & Casino.
G. The Confederated Tribes will enter into a Memorandum of
Understanding (MOU) with the Oregon Liquor Control Commission to
deal with governmental issues associated with the licensing and
regulation of liquor sales on the Umatilla Indian Reservation.
Section 1.03. Definitions
A. Unless otherwise required by the context, the following words
and phrases shall have the designated meanings.
1. ``Alcohol''. That substance known as ethyl alcohol, hydrated
oxide or ethyl, spirits or wine as defined herein, which is commonly
produced by the fermentation or distillation of grain, starch,
molasses, or sugar, or other substances including all dilutions and
mixtures of those substances.
2. ``Wildhorse Chief Operating Officer''. That person appointed
by the Confederated Tribes to manage the Wildhorse Resort & Casino.
3. ``Liquor'' or ``Liquor Products''. Includes the four
varieties of liquor herein defined (alcohol, spirits, wine, and
beer) and all fermented, spirituous, vinous, or malt liquor, or a
combination thereof, and mixed liquor, a part of which is fermented,
spirituous, vinous, or malt liquor or otherwise intoxicating in
every liquid or solid or semi-solid or other substance patented or
not containing alcohol, spirits, wine, or beer, and all drinks of
potable liquids and all preparations or mixtures capable of human
consumption, and any liquid, semi-solid, solid, or other substance,
which contains more than one percent (1%) of alcohol by weight shall
be conclusively deemed to be intoxicating.
4. ``Wildhorse Resort & Casino''. Shall be the casino, hotel,
golf course, and RV park located on the 640 acre Wildhorse site
located on the Umatilla Indian Reservation which is more
specifically described in Exhibit 1 to the Tribal-State Compact
between the Confederated Tribes and the State of Oregon.
5. ``Sale'' and ``Sell''. Includes exchange, barter, and
traffic; and also the supplying or distribution by any means
whatsoever, of liquor or any liquid known or described as beer or by
any name whatever commonly used to describe malt or brewed liquor or
wine, by any person to any other person; and also includes the
supply and distribution to any other person.
6. ``Spirits''. Any beverage which contains alcohol obtained by
distillation, including wines exceeding seventeen percent (17%) of
alcohol by weight.
7. ``Wine''. Any alcoholic beverage obtained by fermentation of
fruits, grapes, berries, or any other agricultural product
containing sugar, to which any saccharin substances may have been
added before, during or after fermentation, 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 anglican, not exceeding seventeen percent (17%) of alcohol by
weight.
Section 1.04. Jurisdiction
To the extent permitted by applicable law, the Confederated
Tribes asserts jurisdiction to determine whether liquor sales and
service are permitted within the boundaries of the Umatilla Indian
Reservation. As provided in section 1.06 of this Code, liquor sales
and service is only permitted at the Wildhorse Resort & Casino
facilities under this Code. Nothing in this Code is intended nor
shall be construed to limit the jurisdiction of the Confederated
Tribes to all lands within the boundaries of the Umatilla Indian
Reservation.
Section 1.05. Relation to Other Laws
All prior codes, ordinances, resolutions and motions of the
Confederated Tribes regulating, authorizing, prohibiting, or in any
way dealing with the sale or service of liquor are hereby repealed
and are of no further force or effect to the extent they are
inconsistent or conflict with the provisions of this Code.
Specifically, amendments to the Criminal Code to make it consistent
with this Liquor Code have been approved by Resolution 05-095
(October 3, 2005). No Tribal business licensing law or other Tribal
law shall be applied in a manner inconsistent with the provisions of
this Code.
Section 1.06. Authorized Sale and Service of Liquor
A. Liquor may be offered for sale and may be served on the
Umatilla Indian Reservation only at the following Wildhorse Resort &
Casino facilities: Casino, hotel, golf course, and RV park. The
sales and service of liquor at Wildhorse Resort & Casino facilities
may only be permitted in the following areas.
1. Casino. Lounge(s), restaurant(s), bingo/multipurpose hall
when used for entertainment, food service, or convention/meeting
purposes, conference/meeting room facility, entertainment facilities
constructed within or adjacent to the Casino building and on casino
premises in connection with special events (i.e., concert, rodeo
event, car shows, etc.). All such sales and service of liquor shall
be consistent with the Tribal-State Compact.
2. Golf course. Clubhouse and on the golf course.
3. Hotel. Hotel meeting room and in hotel rooms by guest use of
room service, etc.
4. RV park. In common area at special events and in individual
RVs.
B. The Board of Trustees hereby authorizes the Wildhorse Chief
Operating Officer to apply for and maintain the appropriate
license(s) from the Oregon Liquor Control Commission (OLCC) for the
sales and service of liquor at the Wildhorse Resort & Casino as
provided in this Code. The Wildhorse Chief Operating Officer is
further authorized to treat as a casino expense any license fees
associated with the OLCC liquor license.
Section 1.07. Prohibitions
A. General Prohibitions. The commercial introduction of liquor
for sales and service, other than by the Confederated Tribes through
its Wildhorse Resort & Casino as permitted by this Code, is
prohibited within the Umatilla Indian Reservation, and is hereby
declared an offense under Tribal law.
[[Page 17494]]
Federal liquor laws applicable to Indian Country shall remain
applicable to any person, act, or transaction which is not
authorized by this Code and violators of this Code shall be subject
to federal prosecution as well as to legal action in accordance with
the law of the Confederated Tribes.
B. Age Restrictions. No person shall be authorized to serve
liquor to casino patrons unless they are at least 21 years of age.
No person may be served liquor unless they are 21 years of age.
C. No Consumption of Liquor Outside of Wildhorse Resort & Casino
Premises. All liquor sales and service authorized by this Code shall
be fully consumed within the areas of the Wildhorse Resort & Casino
as set forth in Sec. 1.06 of this Code. No open containers of
liquor, or unopened containers of liquor in bottles, cans, or
otherwise may be permitted outside of the above-described premises.
D. No Credit Liquor Sales. The sales and service of liquor
authorized by this Code shall be upon a cash basis only. Payment for
liquor shall be by cash, credit card, or check.
Section 1.08. Conformity With State Law
Authorized liquor sales and service on the Umatilla Indian
Reservation shall comply with Oregon State liquor law standards to
the extent required by 18 U.S.C. 1161. The Wildhorse Chief Operating
Officer shall be responsible for ensuring that all OLCC license
requirements are satisfied, that the license(s) is renewed on an
annual basis, and that all reasonable and necessary actions are
taken to sell and serve liquor to Wildhorse patrons in a manner
consistent with this Code, applicable State law, and the Tribal-
State Compact. The Wildhorse Chief Operating Officer shall also be
authorized to purchase liquor from the State or other source for
sale and service within the Wildhorse Resort & Casino.
Section 1.09. Penalty
Any person or entity possessing, selling, serving, bartering, or
manufacturing liquor products in violation of any part of this Code
shall be subject to a civil fine of not more than $500 for each
violation involving possession, but up to $5,000 for each violation
involving selling, bartering, or manufacturing liquor products in
violation of this Code, and violators may be subject to exclusion
from the Umatilla Indian Reservation. In addition, persons or
entities subject to the criminal jurisdiction of the Confederated
Tribes who violate this Code shall be subject to criminal punishment
as provided in the Criminal Code. All contraband liquor shall be
confiscated by the Umatilla Tribal Police Department (UTPD). The
Umatilla Tribal Court shall have exclusive jurisdiction to enforce
this Code and the civil fines, criminal punishment and exclusion
authorized by this section.
Section 1.10. Sovereign Immunity Preserved
Nothing in this Code is intended or shall be construed as a
waiver of the sovereign immunity of the Confederated Tribes. No
manager or employee of the Wildhorse Resort & Casino shall be
authorized, nor shall they attempt, to waive the sovereign immunity
of the Confederated Tribes pursuant to this Code.
Section 1.11. Severability
If any provision or provisions in this Code are held invalid by
a court of competent jurisdiction, this Code shall continue in
effect as if the invalid provision(s) were not a part hereof.
Section 1.12. Effective Date
This Code shall be effective following approval by the Board of
Trustees and approval by the Secretary of the Interior or his/her
designee and publication in the Federal Register as provided by
Federal law.
Appendix A Legislative History
Liquor Code
Legislative History
The Board of Trustees enacted the Liquor Code in Resolution No.
05-094 (October 3, 2005). In Resolution No. 05-127 (December 19,
2005), the Board amended section 1.12 of the Code. No further
amendments or revisions have been enacted.
[FR Doc. 06-3336 Filed 4-5-06; 8:45 am]
BILLING CODE 4310-4J-P
