Confederated Tribes of the Umatilla Indian Reservation-Amendment to Liquor Code, 10551-10553 [2012-4131]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Pages 10551-10553]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4131]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Confederated Tribes of the Umatilla Indian Reservation--Amendment 
to Liquor Code

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the amendments to the Confederated 
Tribes of the Umatilla Liquor Code. The Code regulates and controls the 
possession, sale and consumption of liquor within the Confederated 
Tribes of the Umatilla Reservation. The land is located on trust land 
and this Code allows for the possession and sale of alcoholic beverages 
within the Confederated Tribes of the Umatilla's Reservation. This Code 
will increase the ability of the tribal government to control the 
distribution and possession of liquor within their reservation, and at 
the same time will provide an important source of revenue, the 
strengthening of the tribal government and the delivery of tribal 
services.

DATES: Effective Date: This Amendment is effective 30 days after 
February 22, 2012.

FOR FURTHER INFORMATION CONTACT: Betty Scissons, Tribal Government 
Specialist, Northwest Regional Office, Bureau of Indian Affairs, 911 NE 
11th Avenue, Portland, OR 97232, Phone: (503) 231-6723; Fax: (503) 231-
6731: or De Springer, Office of Indian Services, Bureau of Indian 
Affairs, 1849 C Street NW., MS-4513-MIB, Washington, DC 20240; 
Telephone (202) 513-7626.

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 Board of Trustees of the 
Confederated Tribes of the Umatilla Indian Reservation duly adopted 
Resolution No. 10-056 to amend the Confederated Tribes of the Umatilla 
Indian Reservation Liquor Code on July 12, 2010.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs. I certify that the Board of Trustees of the Confederated 
Tribes of the Umatilla Indian Reservation duly adopted Resolution No. 
10-056 to amend the Confederated Tribes of the Umatilla Indian 
Reservation Liquor Code on
    July 12, 2010.

    Dated: February 9, 2012.
Larry Echo Hawk,
Assistant Secretary--Indian Affairs.
    The amendment to the Confederated Tribes of the Umatilla Indian 
Reservation Liquor Code reads as follows:
CHARTER 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 has 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 prohibits the introduction of liquor into Indian Country 
(18 U.S.C. Sec.  1154), and authorized tribes to decide when and to 
what extent liquor transactions, sales, possession and service shall be 
permitted on their reservation (18 U.S.C. Sec.  1161).
C. The Board of Trustees, as the governing body of the Confederated

[[Page 10552]]

Tribes pursuant to Article VI, Sec.  1 of the Constitution and Bylaws 
of the Confederated Tribes, have adopted Resolutions to permit the sale 
and service of liquor at the Wildhorse Resort & Casino and at Coyote 
Business Park as provided in this Code, but at no other locations.
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 and Coyote Business 
Park, 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 have entered 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. ``Coyote Business Park''. Shall include Coyote Business Park 
North, South and East, but shall not include the Arrowhead Travel 
Plaza.
    3. ``Wildhorse Chief Executive Officer''. That person appointed by 
the Confederated Tribes to manage the Wildhorse Resort & Casino.
    4. ``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.
    5. ``Wildhorse Resort & Casino''. Shall be the casino, hotels, 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.
    6. ``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.
    7. ``Spirits''. Any beverage which contains alcohol obtained by 
distillation, including wines exceeding seventeen percent (17%) of 
alcohol by weight.
    8. ``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 and in the Coyote 
Business Park 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 locations:
    1. Wildhorse Casino. In the Wildhorse Casino, liquor may be sold or 
served only in the following areas: 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. Wildhorse Golf Course. In the Wildhorse Golf Course, liquor may 
be sold or served only in the following areas: clubhouse and on the 
golf course.
    3. Wildhorse Hotels. In the Wildhorse Hotels, liquor may be sold or 
served

[[Page 10553]]

only in the following areas: hotel meeting rooms and in hotel rooms by 
guest use of room service, etc.).
    4. Wildhorse RV Park. In the Wildhorse RV Park, liquor may be sold 
or served only in the following areas: in common areas at special 
events and in individual RVs.
    5. Coyote Business Park. In the Coyote Business Park, liquor may be 
sold or served by any Coyote Business Park lessee if liquor sales and 
service is permitted in the lease between the lessee and the 
Confederated Tribes.
SECTION 1.07. PROHIBITIONS
A. General Prohibitions. The commercial introduction of liquor for 
sales and service, other than as permitted by this Code, is prohibited 
within the Umatilla Indian Reservation, and is hereby declared an 
offense under Tribal law. 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 
unless they are at least 21 years of age. No person may be served 
liquor unless they are 21 years of age.
C. Off Premises Consumption of Liquor.
    1. All liquor sales and service authorized by this Code at the 
Wildhorse Resort & Casino shall be fully consumed within the areas of 
the Wildhorse Resort & Casino as set forth in section 1.06 of this 
Code. At the Wildhorse Resort & Casino, no open containers of liquor, 
or unopened containers of liquor in bottles, cans, or otherwise may be 
permitted outside of the above-described premises.
    2. Liquor sales and service at Coyote Business Park shall be 
conducted in strict compliance with the lease between the Coyote 
Business Park lessee and the Confederated Tribes.
D. No Credit Liquor Sales. The sales and service of liquor authorized 
by this Code shall be upon a cash basis only. For purposes of this 
Code, payment for liquor on a cash basis shall include payment by cash, 
credit card, or check.
SECTION 1.08. CONFORMITY WITH STATE LAW
A. 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. Sec.  1161.
B. Wildhorse Resort & Casino. The Wildhorse Chief Executive 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 
Executive Officer shall also be authorized to purchase liquor from the 
State or other source for sale and service within the Wildhorse Resort 
& Casino. The Wildhorse Chief Executive Officer is further authorized 
to treat as a casino expense any license fees associated with the OLCC 
liquor license.
C. Coyote Business Park. The Coyote Business Park lessee authorized to 
sell or serve liquor as provided in section 1.06(A)(5) of this Code, 
shall be responsible for insuring 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 in a manner consistent with this Code and applicable Tribal and 
State law.
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 Confederated Tribes or 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.

[FR Doc. 2012-4131 Filed 2-21-12; 8:45 am]
BILLING CODE 4310-4J-P