Federated Indians of Graton Rancheria-Liquor Control Statute, 74025-74027 [2012-30003]

Download as PDF Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices Monday, December 3, 2012 (77 FR 71611). On page 71611, column 1, in both the MATTERS TO BE CONSIDERED and PORTIONS TO BE OPEN TO THE PUBLIC sections, add ‘‘Remarks from John D. Feeley, Principal Deputy Assistant Secretary for Western Hemisphere Affairs’’ after the ‘‘Approval of the Minutes of the September 24, 2012, Meeting of the Board of Directors’’ subsections. CONTACT PERSON FOR MORE INFORMATION: liquor transactions in Indian country. The Federated Indians of Graton Rancheria Tribal Council adopted the Liquor Control Statute, by Tribal Council Resolution No. 12–07, on April 13, 2012. 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 Tribal Council duly adopted the Liquor Control Statute on April 13, 2012. Paul Zimmerman, General Counsel. Dated: November 27, 2012. Kevin Washburn, Assistant Secretary, Indian Affairs. [FR Doc. 2012–30039 Filed 12–10–12; 11:15 am] The Federated Indians of Graton Rancheria Liquor Control Statute reads as follows: BILLING CODE 7025–01–P Chapter One—Introduction DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Federated Indians of Graton Rancheria—Liquor Control Statute Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: This notice publishes the Federated Indians of Graton Rancheria—Liquor Control Statute (Ordinance). The Ordinance regulates and controls the sale, consumption and possession of liquor within the Graton Rancheria’s Indian country. This Ordinance will increase the ability of the tribal government to control the distribution and possession of liquor within its Indian country and at the same time will provide an important source of revenue and strengthening of the tribal government and the delivery of tribal services. DATES: Effective Date: This Act is effective as of December 12, 2012. FOR FURTHER INFORMATION CONTACT: Sophia Torres, Tribal Government Specialist, Pacific Regional Office, Bureau of Indian Affairs, 2800 Cottage Way—Room W–2820, Sacramento, CA 95825; Telephone (916) 978–6073; Fax (916) 978–6099; or De Springer, Office of Indian Services, 1849 C Street NW., MS/4513/MIB, Washington, DC 20240; Telephone (202) 513–7626; Fax (202) 208–5113. 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 mstockstill on DSK4VPTVN1PROD with SUMMARY: VerDate Mar<15>2010 15:48 Dec 11, 2012 Jkt 229001 Section: 1.1 Authority. This Statute is enacted pursuant to the Act of August 15, 1953 (Pub. L. 83–277, 67 Stat. 588, 18 U.S.C. 1161) and by powers vested in the Tribal Council of the Federated Indians of Graton Rancheria (‘‘Tribal Council’’) to enact laws, policies, and regulations as authorized under Article VI, Section 1 of the Constitution of the Federated Indians of Graton Rancheria (the ‘‘Constitution’’), adopted December 2002. 1.2 Purpose. The purpose of this Statute is to regulate and control the possession, sale, manufacture and distribution of liquor within Lands Under the Jurisdiction of the Federated Indians of Graton Rancheria (‘‘Tribe’’), including the Reservation of the Federated Indians of Graton Rancheria (‘‘Reservation’’), in order to permit alcohol sales by tribally owned and operated enterprises and private lessees, and at tribally approved special events. Enactment of a liquor control statute will help provide a source of revenue for the continued operation of the tribal government, the delivery of governmental services, and the economic viability of tribal enterprises. 1.3 Short Title. This Statute shall be known and cited as the ‘‘Liquor Control Statute.’’ 1.4 Jurisdiction. This Statute shall apply to all lands now or in the future under the governmental authority of the Tribe, including, but not limited to, the Reservation and any lands that may be taken into trust for the Tribe. 1.5 Application of 18 U.S.C. 1161. By adopting this Statute, the Tribe hereby regulates the sale, distribution, and consumption of liquor while ensuring that such activity conforms with all applicable laws of the State of PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 74025 California as required by 18 U.S.C. 1161 and the United States. 1.6 Declaration of Public Policy; Findings. The Tribal Council enacts this Statute, based upon the following findings: (a) The distribution, possession, consumption and sale of liquor on the Tribe’s Reservation is a matter of special concern to the Tribe. (b) The Tribe is the beneficial owner of the Reservation, upon which the Tribe plans to construct and operate a gaming facility and related entertainment and lodging facilities. (c) The Tribe’s gaming facility will serve as an integral and indispensible part of the Tribe’s economy, providing revenue to the Tribe’s government and employment to tribal citizens and others in the local community. (d) Federal law, as codified at 18 U.S.C. 1154 and 1161, currently prohibits the introduction of liquor into Indian country, except in accordance with State law and the duly enacted law of the Tribe. (e) The Tribe recognizes the need for strict control and regulation of liquor transactions on Lands under the Tribe’s Jurisdiction because of potential problems associated with the unregulated or inadequate regulated sale, possession, distribution, and consumption of liquor. (f) Regulating the possession, sale, distribution and manufacture of liquor within Lands under the Tribe’s Jurisdiction is also consistent with the Tribe’s interest in ensuring the peace, safety, health, and general welfare of the Tribe and its citizens. (g) Tribal control and regulation of liquor on Lands under the Tribe’s Jurisdiction is consistent with the Tribe’s custom and tradition of controlling the possession and consumption of liquor on tribal lands and at tribal events. (h) The purchase, distribution, and sale of liquor on Lands under the Tribe’s Jurisdiction shall take place only at duly licensed (i) tribally owned enterprises, (ii) other enterprises operating pursuant to a lease with the Tribe, and (iii) tribally-sanctioned events. (i) The sale or other commercial manufacture or distribution of liquor on Lands under the Tribe’s Jurisdiction, other than sales, manufacture, and distributions made in strict compliance with this Statute, is detrimental to the health, safety, and general welfare of the citizens of the Tribe, and is prohibited. Chapter Two—Definitions Section: E:\FR\FM\12DEN1.SGM 12DEN1 74026 Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices mstockstill on DSK4VPTVN1PROD with 2.1 Definitions. As used in this Statute, the terms below are defined as follows: (a) Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, in any form, and regardless of source or the process used for its production. (b) Alcoholic beverage means all alcohol, spirits, liquor, wine, beer and any liquid or solid containing alcohol, spirits, liquor, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and that is fit for human consumption, either alone or when diluted, mixed, or combined with any other substance(s). (c) Compact means the tribal-state Compact between the State of California and the Tribe that governs the conduct of class III gaming activities on the Reservation pursuant to the Indian Gaming Regulatory Act. (d) License means, unless otherwise stated, a license issued by the Tribe in accordance with this Statute. (e) Liquor means any alcoholic beverage, as defined under this Section. (f) Person means any individual or entity, whether Indian or non-Indian, receiver, assignee, trustee in bankruptcy, trust, estate, firm, corporation, partnership, joint corporation, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, non-profit or otherwise, and any other Indian tribe, band or group. The term shall also include the businesses of the Tribe. (g) Sale and sell means the transfer for consideration of any kind, including by exchange or barter. (h) State means the State of California. (i) Lands under the Tribe’s Jurisdiction means and includes all lands now or in the future under the governmental authority of the Tribe, including, but not limited to, the Reservation and any lands that may be taken into trust for the Tribe. (j) Reservation means all lands held in trust by the United States for the benefit of the Tribe pursuant to the Graton Rancheria Restoration Act (Pub. L. 106– 568, 25 U.S.C. 1300n). Chapter Three—Liquor Sales, Possession, & Manufacture Section: 3.1 Possession of Alcohol. The introduction and possession of alcoholic beverages shall be lawful within Lands under the Tribe’s Jurisdiction; provided that such introduction or possession is in conformity with the laws of the State. 3.2 Retail Sales of Alcohol. The sale of alcoholic beverages shall be lawful within Lands under the Jurisdiction of VerDate Mar<15>2010 15:48 Dec 11, 2012 Jkt 229001 the Tribe; provided that such sales are in conformity with the laws of the State and are made pursuant to a license issued by the Tribe. 3.3 Manufacture of Alcohol. The manufacture of beer and wine shall be lawful within Lands under the Jurisdiction of the Tribe, provided that such manufacture is in conformity with the laws of the State and pursuant to a license issued by the Tribe. 3.4 Age Limits. The legal age for possession or consumption of alcohol within Lands under the Jurisdiction of the Tribe shall be the same as that of the State, which is currently 21 years. No person under the age of 21 years shall purchase, possess or consume any alcoholic beverage. If there is any conflict between State law and the terms of the Compact regarding the age limits for alcohol possession or consumption, the age limits in the Compact shall govern for purposes of this Statute. (a) Tribal law enforcement personnel and security personnel duly authorized by the Tribal Council shall have the authority to enforce this Statute by confiscating any liquor sold, possessed, distributed, manufactured or introduced within Lands under the Jurisdiction of the Tribe in violation of this Statute or of any regulations duly adopted pursuant to this Statute. (b) The Tribal Council shall have the exclusive jurisdiction to hold hearings on violations of this Statute and any procedures or regulations adopted pursuant to this Statute; to promulgate appropriate procedures governing such hearings; to determine and enforce penalties or damages for violations of this Statute; and to delegate to a subordinate hearing officer or panel the authority to take any or all of the foregoing actions on its behalf. Chapter Four—Licensing Section: 4.1 Licensing. The Tribal Council shall have the power to establish procedures and standards for tribal licensing of liquor sales within Lands under the Jurisdiction of the Tribe, including the setting of a license fee schedule, and shall have the power to publish and enforce such standards; provided that no tribal license shall issue except upon showing of satisfactory proof that the applicant is duly licensed by the State. The fact that an applicant for a tribal license possesses a license issued by the State shall not provide the applicant with an entitlement to a tribal license. The Tribal Council may in its discretion set standards which are more, but in no case less, stringent than those of the State. Section: 6.1 Taxation. Nothing contained in this Statute is intended to, nor does in any way, limit or restrict the Tribe’s ability to impose any tax upon the sale or consumption of alcohol. The Tribe retains the right to impose such taxes by appropriate statute to the full extent permitted by federal law. Chapter Five—Enforcement Section: 5.1 Enforcement. The Tribal Council shall have the power to develop, enact, promulgate and enforce regulations as necessary for the enforcement of this Statute and to protect the public health, welfare and safety of the Tribe and Lands under the Jurisdiction of the Tribe, provided that all such regulations shall conform to and not be in conflict with any applicable tribal, federal or state law. Regulations enacted pursuant to this Statute may include provisions for suspension or revocation of tribal liquor licenses, reasonable search and seizure provisions, and civil and criminal penalties for violations of this Statute to the full extent permitted by federal law and consistent with due process. PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 Chapter Six—Taxes Chapter Seven—Miscellaneous Provisions Section: 7.1 Sovereign Immunity Preserved. Nothing contained in this Statute is intended to, nor does in any way, limit, alter, restrict, or waive the sovereign immunity of the Tribe or any of its agencies, agents or officials from unconsented suit or action of any kind. 7.2 Conformance with Applicable Laws. All acts and transactions under this Statute shall be in conformity with the Compact and laws of the State to the extent required by 18 U.S.C. 1161 and with all Federal laws regarding alcohol in Indian Country. 7.3 Effective Date. This Statute shall be effective as of the date on which the Secretary of Interior certifies this Statute and publishes the same in the Federal Register. 7.4 Repeal of Prior Acts. All prior enactments of the Tribal Council, including tribal resolutions, policies, regulations, or statutes pertaining to the subject matter set forth in this Statute are hereby rescinded. 7.5 Amendments. This Statute may only be amended pursuant to an amendment duly enacted by the Tribal Council and certification by the Secretary of the Interior and publication in the Federal Register, if required. E:\FR\FM\12DEN1.SGM 12DEN1 Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices 7.6 Severability and Savings Clause. If any part or provision of this Statute is held invalid, void, or unenforceable by a court of competent jurisdiction, such adjudication shall not be held to render such provisions inapplicable to other persons or circumstances. Further, the remainder of the Statute shall not be affected and shall continue to remain in full force and effect. [FR Doc. 2012–30003 Filed 12–11–12; 8:45 am] BILLING CODE 4310–4J–P DEPARTMENT OF THE INTERIOR National Park Service [NPS–IMR–YELL–11838; PPWONRADE2, PMP00EI05.YP0000] Winter Use Plan, Final Environmental Impact Statement Amended Record of Decision, Yellowstone National Park, Idaho, Montana, and Wyoming National Park Service, Interior. ACTION: Notice of Availability of Amended Record of Decision for the Final Environmental Impact Statement for a Winter Use Plan, Yellowstone National Park. AGENCY: Pursuant to Sec. 102(2)(C) of the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service (NPS) announces the availability of the Amended Record of Decision for the Winter Use Plan for Yellowstone National Park, located in Idaho, Montana, and Wyoming. On December 3, 2012, the Regional Director, Intermountain Region, approved the Amended Record of Decision for the plan. The NPS will implement this decision through an implementing regulation that will take effect on December 15, 2012. will remain open under the same conditions as the past three winter seasons. The Final Environmental Impact Statement analyzed eight alternatives, including a no-action alternative. The full range of foreseeable environmental consequences was assessed, and appropriate mitigating measures were identified. The Amended Record of Decision includes a statement of the decision made, synopses of other alternatives considered, the basis for the decision, a description of the environmentally preferred alternative, a listing of measures to minimize environmental harm, and an overview of public involvement in the decision-making process. Copies of the Amended Record of Decision may be obtained from the contact listed above or online at http://parkplanning.nps.gov/yell. Dated: December 2, 2012. John Wessels, Regional Director, Intermountain Region, National Park Service. [FR Doc. 2012–29914 Filed 12–11–12; 8:45 am] BILLING CODE 4312–52–P SUMMARY: FOR FURTHER INFORMATION CONTACT: Wade Vagias, Management Assistant, Yellowstone National Park, 307–344– 2035. mstockstill on DSK4VPTVN1PROD with VerDate Mar<15>2010 15:48 Dec 11, 2012 Jkt 229001 [Investigation No. 337–TA–851] Certain Integrated Circuit Packages Provided with Multiple HeatConducting Paths and Products Containing Same; Commission Determination Not To Review an Initial Determination Granting Complainants’ Motion for Termination of the Investigation Based on Withdrawal of Complaint U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 5) of the presiding administrative law judge (‘‘ALJ’’) granting complainant’s motion for termination of the investigation based on withdrawal of the complaint. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–3115. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business SUMMARY: The Amended Record of Decision selects Alternative 2 for implementation, for the 2012–2013 winter season only. The NPS will allow oversnow vehicle use in the park for the winter of 2012–2013 at the same levels that were allowed under the interim regulation in place for the winters of 2009–2010, 2010–2011, and 2011–2012. Up to 318 commercially guided, best-available-technology snowmobiles and 78 commercially guided snowcoaches will be allowed in the park per day. All snowmobiles and snowcoaches will be 100 percent commercially guided and Sylvan Pass SUPPLEMENTARY INFORMATION: INTERNATIONAL TRADE COMMISSION PO 00000 Frm 00055 Fmt 4703 Sfmt 9990 74027 hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. The Commission instituted this investigation on July 5, 2012, based on a complaint filed by Industrial Technology Research Institute of Hsinchu, Taiwan, and ITRI International of San Jose, California (collectively, ‘‘ITRI’’). 77 FR 39735 (Jul. 5, 2012). The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain integrated circuit packages provided with multiple heatconducting paths and products containing same by reason of infringement of certain claims of U.S. Patent No. 5,710,459. The complaint, as amended, names LG Electronics, Inc. of Seoul, Republic of Korea, and LG Electronics, U.S.A. of Englewood Cliffs, New Jersey (collectively, ‘‘LG’’) as respondents. Complainants ITRI moved to terminate the investigation in its entirety based on withdrawal of the complaint. Respondents LG did not oppose the motion. On November 8, 2012, the ALJ issued an ID (Order No. 5) granting the motion. No party petitioned for review of the ID, and the Commission has determined not to review it. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in sections 210.21 and 210.42(h) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.21, 210.42(h). SUPPLEMENTARY INFORMATION: By order of the Commission. Issued: December 6, 2012. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2012–29957 Filed 12–11–12; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\12DEN1.SGM 12DEN1

Agencies

[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Notices]
[Pages 74025-74027]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30003]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Federated Indians of Graton Rancheria--Liquor Control Statute

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice publishes the Federated Indians of Graton 
Rancheria--Liquor Control Statute (Ordinance). The Ordinance regulates 
and controls the sale, consumption and possession of liquor within the 
Graton Rancheria's Indian country. This Ordinance will increase the 
ability of the tribal government to control the distribution and 
possession of liquor within its Indian country and at the same time 
will provide an important source of revenue and strengthening of the 
tribal government and the delivery of tribal services.

DATES: Effective Date: This Act is effective as of December 12, 2012.

FOR FURTHER INFORMATION CONTACT: Sophia Torres, Tribal Government 
Specialist, Pacific Regional Office, Bureau of Indian Affairs, 2800 
Cottage Way--Room W-2820, Sacramento, CA 95825; Telephone (916) 978-
6073; Fax (916) 978-6099; or De Springer, Office of Indian Services, 
1849 C Street NW., MS/4513/MIB, Washington, DC 20240; Telephone (202) 
513-7626; Fax (202) 208-5113.

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 Federated Indians of Graton 
Rancheria Tribal Council adopted the Liquor Control Statute, by Tribal 
Council Resolution No. 12-07, on April 13, 2012.
    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 Tribal Council duly adopted the Liquor 
Control Statute on April 13, 2012.

    Dated: November 27, 2012.
Kevin Washburn,
Assistant Secretary, Indian Affairs.

    The Federated Indians of Graton Rancheria Liquor Control Statute 
reads as follows:

Chapter One--Introduction

    Section:
    1.1 Authority. This Statute is enacted pursuant to the Act of 
August 15, 1953 (Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. 1161) and by 
powers vested in the Tribal Council of the Federated Indians of Graton 
Rancheria (``Tribal Council'') to enact laws, policies, and regulations 
as authorized under Article VI, Section 1 of the Constitution of the 
Federated Indians of Graton Rancheria (the ``Constitution''), adopted 
December 2002.
    1.2 Purpose. The purpose of this Statute is to regulate and control 
the possession, sale, manufacture and distribution of liquor within 
Lands Under the Jurisdiction of the Federated Indians of Graton 
Rancheria (``Tribe''), including the Reservation of the Federated 
Indians of Graton Rancheria (``Reservation''), in order to permit 
alcohol sales by tribally owned and operated enterprises and private 
lessees, and at tribally approved special events. Enactment of a liquor 
control statute will help provide a source of revenue for the continued 
operation of the tribal government, the delivery of governmental 
services, and the economic viability of tribal enterprises.
    1.3 Short Title. This Statute shall be known and cited as the 
``Liquor Control Statute.''
    1.4 Jurisdiction. This Statute shall apply to all lands now or in 
the future under the governmental authority of the Tribe, including, 
but not limited to, the Reservation and any lands that may be taken 
into trust for the Tribe.
    1.5 Application of 18 U.S.C. 1161. By adopting this Statute, the 
Tribe hereby regulates the sale, distribution, and consumption of 
liquor while ensuring that such activity conforms with all applicable 
laws of the State of California as required by 18 U.S.C. 1161 and the 
United States.
    1.6 Declaration of Public Policy; Findings. The Tribal Council 
enacts this Statute, based upon the following findings:
    (a) The distribution, possession, consumption and sale of liquor on 
the Tribe's Reservation is a matter of special concern to the Tribe.
    (b) The Tribe is the beneficial owner of the Reservation, upon 
which the Tribe plans to construct and operate a gaming facility and 
related entertainment and lodging facilities.
    (c) The Tribe's gaming facility will serve as an integral and 
indispensible part of the Tribe's economy, providing revenue to the 
Tribe's government and employment to tribal citizens and others in the 
local community.
    (d) Federal law, as codified at 18 U.S.C. 1154 and 1161, currently 
prohibits the introduction of liquor into Indian country, except in 
accordance with State law and the duly enacted law of the Tribe.
    (e) The Tribe recognizes the need for strict control and regulation 
of liquor transactions on Lands under the Tribe's Jurisdiction because 
of potential problems associated with the unregulated or inadequate 
regulated sale, possession, distribution, and consumption of liquor.
    (f) Regulating the possession, sale, distribution and manufacture 
of liquor within Lands under the Tribe's Jurisdiction is also 
consistent with the Tribe's interest in ensuring the peace, safety, 
health, and general welfare of the Tribe and its citizens.
    (g) Tribal control and regulation of liquor on Lands under the 
Tribe's Jurisdiction is consistent with the Tribe's custom and 
tradition of controlling the possession and consumption of liquor on 
tribal lands and at tribal events.
    (h) The purchase, distribution, and sale of liquor on Lands under 
the Tribe's Jurisdiction shall take place only at duly licensed (i) 
tribally owned enterprises, (ii) other enterprises operating pursuant 
to a lease with the Tribe, and (iii) tribally-sanctioned events.
    (i) The sale or other commercial manufacture or distribution of 
liquor on Lands under the Tribe's Jurisdiction, other than sales, 
manufacture, and distributions made in strict compliance with this 
Statute, is detrimental to the health, safety, and general welfare of 
the citizens of the Tribe, and is prohibited.

Chapter Two--Definitions

    Section:

[[Page 74026]]

    2.1 Definitions. As used in this Statute, the terms below are 
defined as follows:
    (a) Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirit 
of wine, in any form, and regardless of source or the process used for 
its production.
    (b) Alcoholic beverage means all alcohol, spirits, liquor, wine, 
beer and any liquid or solid containing alcohol, spirits, liquor, wine, 
or beer, and which contains one-half of one percent or more of alcohol 
by volume and that is fit for human consumption, either alone or when 
diluted, mixed, or combined with any other substance(s).
    (c) Compact means the tribal-state Compact between the State of 
California and the Tribe that governs the conduct of class III gaming 
activities on the Reservation pursuant to the Indian Gaming Regulatory 
Act.
    (d) License means, unless otherwise stated, a license issued by the 
Tribe in accordance with this Statute.
    (e) Liquor means any alcoholic beverage, as defined under this 
Section.
    (f) Person means any individual or entity, whether Indian or non-
Indian, receiver, assignee, trustee in bankruptcy, trust, estate, firm, 
corporation, partnership, joint corporation, association, society, or 
any group of individuals acting as a unit, whether mutual, cooperative, 
fraternal, non-profit or otherwise, and any other Indian tribe, band or 
group. The term shall also include the businesses of the Tribe.
    (g) Sale and sell means the transfer for consideration of any kind, 
including by exchange or barter.
    (h) State means the State of California.
    (i) Lands under the Tribe's Jurisdiction means and includes all 
lands now or in the future under the governmental authority of the 
Tribe, including, but not limited to, the Reservation and any lands 
that may be taken into trust for the Tribe.
    (j) Reservation means all lands held in trust by the United States 
for the benefit of the Tribe pursuant to the Graton Rancheria 
Restoration Act (Pub. L. 106-568, 25 U.S.C. 1300n).

Chapter Three--Liquor Sales, Possession, & Manufacture

    Section:
    3.1 Possession of Alcohol. The introduction and possession of 
alcoholic beverages shall be lawful within Lands under the Tribe's 
Jurisdiction; provided that such introduction or possession is in 
conformity with the laws of the State.
    3.2 Retail Sales of Alcohol. The sale of alcoholic beverages shall 
be lawful within Lands under the Jurisdiction of the Tribe; provided 
that such sales are in conformity with the laws of the State and are 
made pursuant to a license issued by the Tribe.
    3.3 Manufacture of Alcohol. The manufacture of beer and wine shall 
be lawful within Lands under the Jurisdiction of the Tribe, provided 
that such manufacture is in conformity with the laws of the State and 
pursuant to a license issued by the Tribe.
    3.4 Age Limits. The legal age for possession or consumption of 
alcohol within Lands under the Jurisdiction of the Tribe shall be the 
same as that of the State, which is currently 21 years. No person under 
the age of 21 years shall purchase, possess or consume any alcoholic 
beverage. If there is any conflict between State law and the terms of 
the Compact regarding the age limits for alcohol possession or 
consumption, the age limits in the Compact shall govern for purposes of 
this Statute.

Chapter Four--Licensing

    Section:
    4.1 Licensing. The Tribal Council shall have the power to establish 
procedures and standards for tribal licensing of liquor sales within 
Lands under the Jurisdiction of the Tribe, including the setting of a 
license fee schedule, and shall have the power to publish and enforce 
such standards; provided that no tribal license shall issue except upon 
showing of satisfactory proof that the applicant is duly licensed by 
the State. The fact that an applicant for a tribal license possesses a 
license issued by the State shall not provide the applicant with an 
entitlement to a tribal license. The Tribal Council may in its 
discretion set standards which are more, but in no case less, stringent 
than those of the State.

Chapter Five--Enforcement

    Section:
    5.1 Enforcement. The Tribal Council shall have the power to 
develop, enact, promulgate and enforce regulations as necessary for the 
enforcement of this Statute and to protect the public health, welfare 
and safety of the Tribe and Lands under the Jurisdiction of the Tribe, 
provided that all such regulations shall conform to and not be in 
conflict with any applicable tribal, federal or state law. Regulations 
enacted pursuant to this Statute may include provisions for suspension 
or revocation of tribal liquor licenses, reasonable search and seizure 
provisions, and civil and criminal penalties for violations of this 
Statute to the full extent permitted by federal law and consistent with 
due process.
    (a) Tribal law enforcement personnel and security personnel duly 
authorized by the Tribal Council shall have the authority to enforce 
this Statute by confiscating any liquor sold, possessed, distributed, 
manufactured or introduced within Lands under the Jurisdiction of the 
Tribe in violation of this Statute or of any regulations duly adopted 
pursuant to this Statute.
    (b) The Tribal Council shall have the exclusive jurisdiction to 
hold hearings on violations of this Statute and any procedures or 
regulations adopted pursuant to this Statute; to promulgate appropriate 
procedures governing such hearings; to determine and enforce penalties 
or damages for violations of this Statute; and to delegate to a 
subordinate hearing officer or panel the authority to take any or all 
of the foregoing actions on its behalf.

Chapter Six--Taxes

    Section:
    6.1 Taxation. Nothing contained in this Statute is intended to, nor 
does in any way, limit or restrict the Tribe's ability to impose any 
tax upon the sale or consumption of alcohol. The Tribe retains the 
right to impose such taxes by appropriate statute to the full extent 
permitted by federal law.

Chapter Seven--Miscellaneous Provisions

    Section:
    7.1 Sovereign Immunity Preserved. Nothing contained in this Statute 
is intended to, nor does in any way, limit, alter, restrict, or waive 
the sovereign immunity of the Tribe or any of its agencies, agents or 
officials from unconsented suit or action of any kind.
    7.2 Conformance with Applicable Laws. All acts and transactions 
under this Statute shall be in conformity with the Compact and laws of 
the State to the extent required by 18 U.S.C. 1161 and with all Federal 
laws regarding alcohol in Indian Country.
    7.3 Effective Date. This Statute shall be effective as of the date 
on which the Secretary of Interior certifies this Statute and publishes 
the same in the Federal Register.
    7.4 Repeal of Prior Acts. All prior enactments of the Tribal 
Council, including tribal resolutions, policies, regulations, or 
statutes pertaining to the subject matter set forth in this Statute are 
hereby rescinded.
    7.5 Amendments. This Statute may only be amended pursuant to an 
amendment duly enacted by the Tribal Council and certification by the 
Secretary of the Interior and publication in the Federal Register, if 
required.

[[Page 74027]]

    7.6 Severability and Savings Clause. If any part or provision of 
this Statute is held invalid, void, or unenforceable by a court of 
competent jurisdiction, such adjudication shall not be held to render 
such provisions inapplicable to other persons or circumstances. 
Further, the remainder of the Statute shall not be affected and shall 
continue to remain in full force and effect.

[FR Doc. 2012-30003 Filed 12-11-12; 8:45 am]
BILLING CODE 4310-4J-P